medicalMonitor | Hammond Law Group, LLC

medicalMonitor

the monthly healthcare immigration eZine

published by Hammond Law Group, LLC

OCTOBER 1, 2005 VOL. III ISSUE 10 (OCTOBER ISSUE)

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http://www.hammondlawfirm.com/mailing_list.htm

SOME H-1B'S STILL REMAINING

The USCIS has announced that there are still some H-1b's available for graduates with a U.S. Master's degree or higher. As of September 19, 2005 only 12,439 of the 20,000 limit for fiscal year 2006 have been used, including the cases currently pending at USCIS.

http://uscis.gov/graphics/services/tempbenefits/cap.htm

USCIS TO INCREASE FILING FEES

Effective October 26, 2005, the USCIS will implement a small increase in filing fees. The filing fee for an Immigrant Petition for Alien Worker (Form I-140) which includes Schedule A petitions for Registered Nurses and Physical Therapists will increase from $190 to $195. The Application to Adjust Status (Form I-485); Application for Employment Authorization (Form I-765) and Application for Travel Document/Advance Parole (Form I-131) will also increase.

http://uscis.gov/graphics/publicaffairs/newsrels/FeeAdjustmnts_050926.pdf

RELIEF FOR HEALTHCARE STAFFING

HLG Partner Sherry Neal was published in the recent edition of Health Lawyers Weekly. The article, titled "Congress and President Provide Relief for Healthcare Staffing", discusses the 50,000 additional green cards available for Registered Nurses and Physical Therapists.

http://www.hammondlawfirm.com/publications/Neal_HLW_pdf.pdf

NEW NIV CATEGORY FOR AUSTRALIAN CITIZENS

The State Department has recently begun issuing E-3 visas to Australian citizens. The new visa category was created as part of the Emergency Supplemental Appropriations Act which was passed into law in May. In September the State Department issued guidance to consulates to begin issuing the visas. The E-3 criteria is much like the H-1b, but is limited to citizens of Australia. It can be used for positions that ordinarily require Bachelors degrees, such as Physical Therapists and Occupational Therapists. But nurses rarely qualify for H-1bs.

http://www.hammondlawfirm.com/alerts/09.09.2005_alert.htm

VISA RETROGRESSION

The Department of State has released the latest Visa Bulletin, effective October 1, 2005 visa retrogression will affect all Indian and Chinese in the first and second employment based categories. The third preference employment category retrogressed July 1, 2005 for all foreign nationals. Legislation signed by the President in May 2005, allowed for a carve-out of 50,000 immigrant visas for Schedule A workers. Therefore retrogression does not currently impact petitions filed for these two occupations.

http://www.hammondlawfirm.com/alerts/09.13.2005_alert.htm

PT PASS RATES AVAILABLE

The FSBPT has posted three-year ultimate pass rates for all CAPTE-accredited PT and PTA programs. The ultimate pass rate is defined as the total percentage of students in a graduation class that took the NPTE and passed, no matter how many attempts it took. The data currently available on the FSBPT public website shows the ultimate pass rate for schools based on graduations classes from 2001, 2002 and 2003. To view these reports go to www.fsbpt.org and click on Exam Information, NPTE, and then Pass Rates on the left navigation.

http://www.fsbpt.org/news/news.asp#PublicPassRates

HLG TO SPEAK AT MARSKELL'S TORONTO FAIR

HLG Attorneys Mike Hammond and Chris Musillo are once again speaking at the Marskell Toronto Job Fair. HLG has a long-tradition of presenting at the Marskell events. All exhibitors are invited free-of-charge to Mike and Chris' pre-event discussion.

http://www.marskell.com/TorontoSEP.htm

PROCESSING TIMES CHART

SERVICE CENTER

PROCESSING DATES

California Service Center ( CSC )

June 2, 2005

AZ, CA, GU, HI, NV

Nebraska Service Center ( NSC )

August 1, 2005

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

Texas Service Center ( TSC )

July 6, 2005

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

Vermont Service Center (VSC)

March 26, 2005

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

INDIA

MEXICO

PHILIPPINES

Employment-Based

1^st

C

01/01/00

08/01/02

C

C

2^nd

C

05/01/00

11/01/99

C

C

3^rd

03/01/01

05/01/00

01/01/98

01/01/01

03/01/01

Schedule A Workers

C

C

C

C

C

Other Workers

10/01/00

10/01/00

10/01/00

10/01/00

10/01/00