medicalMonitor
the monthly healthcare immigration eZine
published by Hammond Law Group, LLC
JANUARY 4, 2005 VOL. III ISSUE 1 (JANUARY ISSUE)
VISA RETROGRESSION
The Department of State released the visa numbers, with Indian, Filipino,
and Chinese nationals in the third preference category (including Schedule A
cases) retrogressed until January 2002. The visa retrogression, which became
effective January 1, 2005, essentially adds three years processing to any
case which was not filed before January 2002.
http://www.travel.state.gov/visa/frvi_bulletincurrent.html
RETROGRESSION: THE END OF FOREIGN NURSE RECRUITING?
In response to retrogression’s very real threats to foreign nurse
recruiting, Hammond Law Group and a team of leading immigration lawyers who
represent some of the largest health organizations in the country have put
together a lobbying effort-the foreign nurse taskforce (FNT). We are
actively seeking contributions to fund this initiative. Please talk to your
attorney about how you can help.
http://www.hammondlawfirm.com/alerts/12.03.2004alert.htm
NEW LEGISLATION REGARDING H-1B AND L VISAS
Two weeks ago President Bush signed legislation that greatly impacts
business immigration, specifically H-1(b) and L-1 visas.
http://www.hammondlawfirm.com/alerts/12.09.2004alert.htm
CSC LIAISON MEETING
USCIS’s Service Center Operations section has advised AILA that the service
centers have been instructed to issue Notices of Intent to Deny (NOIDs) if a
Schedule A application is missing evidence of compliance with the
posting/union notification requirement contained in DOL regulations.
However, the petitioner need only provide evidence of compliance with the
posting/notification requirement as of the date of the response to the NOID,
not the filing date of the I-140. This reverses the practice of some service
centers, notably the California Service Center, which had been to deny the
application if the posting/notification was not completed as of the date the
I-140 was filed.
http://www.uscis.gov/graphics/fieldoffices/california/aboutus.htm
PERM AND “SCHEDULE A” CASES
The Department of Labor released the long-awaited regulations for the PERM
labor certification program. Although Schedule A cases (registered nurses
and physical therapists) still bypass the labor certification process, PERM
makes prevailing wage applicable to Schedule A cases and requires a nurse to
have a CGFNS certificate (not just passing score on the CGFNS exam) in order
to file the I-140 Immigrant Petition.
http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-27653.pdf
PERM: GOOD NEWS FOR ALLIED HEALTHCARE OCCUPATIONS
Under the new PERM labor certification program which takes effect on March
28, 2005, the standard processing time for labor certification cases will be
less than 60 days. This processing time effectively gives allied healthcare
occupations comparable processing time to Schedule A cases.
http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-27653.pdf
CGFNS GAINS EXTENDED APPROVAL
The Department of Homeland Security approved CGFNS to continue certifying
foreign-born healthcare workers. The approval extends for an additional five
years. CGFNS is the only organization approved to certify all seven
healthcare occupations under the Department of Homeland Security
Regulations.
http://www.cgfns.org/cgfns/newsandevents/newsreleases/pr_2004_VS_approval.html
HLG ATTORNEY TO MENTOR
The national office of the American Immigration Lawyers Association asked
HLG attorney Sherry Neal to serve as a mentor to newer attorneys in the
healthcare area of immigration law. For the next year, she will mentor AILA
members across the U.S.
http://www.hammondlawfirm.com/bios/sln_bio.htm
HLG ATTORNEYS TO SPEAK AT MARSKELL CANADIAN JOB
FAIR
Mike Hammond and Sherry Neal to be featured speakers at the Marskell
Canadian Job fair in Toronto on Feb 4th, 2005. They will speak on the topic
of recruiting Canadian health care workers in light of EB3 retrogression and
PERM.
http://marskell.jobscience.com/main.htm
WEB SEMINAR: JANUARY 17, 2005
Judy Pendergast of CGFNS and HLG attorney Sherry Neal will co-speak at a
web/audio seminar sponsored by The Strategic Business Consortium. The live
web and audio conference titled, “Nurse Recruiting Solutions: Optimizing
Population, Customizing Recruiting and Enhancing Your Draw” will be held on
January 17, 2004 from 1PM to 5PM EST.
http://www.thesbc.org/NR.htm
ARIZONA NURSING SCHOOLS HIT ROADBLOCKS AS DEMAND
BOOMS
As more students respond to the growing demand for nurses, 14 new schools
are looking to capture a piece of the action. But limited hospital resources
and a dearth of nursing faculty may hinder growth plans as Arizona’s nursing
shortage looms.
http://www.bizjournals.com/industries/health_care/hospitals/2004/12/13/phoenix_story6.html?f=et163
NEW YORK NEWSDAY OPINION: NURSING SYSTEM IS
HEMORRHAGING
A recent New York Newsday opinion piece concludes that current immigration
law is depriving the United States of top quality workers in science,
medicine, nursing and pharmaceutical research, who find their U.S.
immigration options increasingly limited.
http://www.newsday.com/news/opinion/ny-vpadl104077442dec10,0,7858476.story?coll=ny-viewpoints-headlines
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Hammond Law Group has a team of attorneys and legal staff who work with leading hospitals, recruiting agencies, and other healthcare providers to handle the immigration processing of cases for professional nurses, pharmacists, physical therapists and other healthcare providers. This eZine is designed to provide our clients with only the information they need. For more detailed information about any of the topics discussed, please contact us and a member of our healthcare team will be happy to speak to you. mfh@hammondlawfirm.com
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