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

 

 PROCESSING TIMES REPORT

 

SERVICE CENTER

PROCESSING DATES

California Service Center (CSC)

March 22, 2004

AZ, CA, GU, HI, NV

 

 

 

Nebraska Service Center (NSC)

December 15, 2003

AK, CO, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, ND, OH, OR, SD, UT, WA, WI, WY

 

 

 

Texas Service Center (TSC)

January 7, 2004

AL, AR, FL, GA, KY, LA, MS, NM, NC, OK, SC, TN, TX

 

 

 

Vermont Service Center (VSC)

October 15, 2004

CT, DE, DC, ME, MD, MA, NH, NJ, NY, PA, PR, RI, VT, VA, VI, WV

 

 

PRIORITY DATES

 

 

All Chargeability Areas Except Those Listed

CHINA-mainland born

INDIA

MEXICO

PHILIPPINES

Employment-Based

 

 

 

 

 

1st

C

C

C

C

C

2nd

C

C

C

C

C

3rd

C

01JAN02

01JAN02

C

01JAN02

Other Workers

C

C

C

C

C

 

 

 

 
 

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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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