Visalaw Healthcare Immigration Blog

Monday, March 28, 2011

CUBAN DOCTORS FACE DIFFICULTIES REQUALIFYING IN US

Aside from the normal exam difficulties - English testing, USMLE, etc. - Cuban doctors are also having problems getting their credentials evaluated.

# posted by Greg Siskind @ 9:22 PM

Thursday, March 17, 2011

USCIS BACKS DOWN ON CONTROVERSIAL TEACHING HOSPITALS H-1B CAP INTERPRETATION

USCIS is retreating from its recently changed policy challenging the affiliations of America's teaching hospitals with America's medical schools. For the 10+ years that non-profit institutions could claim H-1B cap exemptions if they had affiliations or were otherwise related to colleges or universities, hospitals that trained doctors in their residency and fellowship programs - programs that are usually run in close coordination with a medical school - have been able to work outside the normal H-1B caps. And that makes sense since we depend on these teaching hospitals to supply this country with our doctors. That's why Medicare actually underwrites the salaries paid to medical residents. Plus, we've got a massive shortage of doctors so subjecting teaching hospitals to H-1B caps works against resolving this crisis.

After complaints started quickly coming in from around the country, USCIS has apparently gotten the message and announced that while it works out a more formal policy position, it will revert back to previous policy. Here is the announcement:

U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.

# posted by Greg Siskind @ 6:20 AM

Wednesday, March 9, 2011

PT BOARD ANNOUNCES TESTING RESUMPTION FOR IMMIGRANTS

From the Federation of State Boards of Physical Therapy:

In order to address security concerns and protect the integrity of the National Physical Therapy Examination (NPTE), while complying with the recent order entered in Georgia, the FSBPT will cease continuous testing and begin fixed-date administration for ALL candidates for the NPTE for PTs. (You can view the Georgia order by going to www.fsbpt.org/NPTE-i and selecting "Latest Updates.")

Continuous testing until June 30, 2011
Continuous testing will be available for PT graduates until June 30, 2011.

2011 testing dates beginning July 1, 2011
Beginning July 1, 2011, all PT NPTE candidates will be able to schedule their test on one of three dates in 2011.

September 7, 2011 (Wednesday)
October 20, 2011 (Thursday)
December 5, 2011 (Monday)

2012 testing dates
There will be five testing dates in 2012 for the PT NPTE. We are working with Prometric to determine best dates for accommodating candidate volume.

Purpose of fixed-date testing
By offering the NPTE on a limited number of fixed dates, the FSBPT will be able to ensure that the NPTE given on a particular date will not contain previously compromised items. This change in procedure is designed to substantially reduce or eliminate candidates’ ability to gain a score advantage by having advance access to NPTE questions. The new procedure’s purpose is to ensure the validity of scores on the NPTE and fulfill the member boards’ and FSBPT’s shared responsibility of protecting the public.

PTA students are not affected
Note that this does not affect PTA graduates; continuous testing continues for PTA graduates.

Background:
As you may know, Georgia candidates had initiated a lawsuit challenging the Federation’s decision to develop a version of the NPTE for graduates of physical therapy schools from Egypt, India, Pakistan and the Philippines (the NPTE-i). The Federation’s decision to develop the NPTE-i was made in response to objective, compelling evidence of pervasive sharing of recalled items by and among graduates of these programs.

On February 9, 2011, a Georgia Superior Court judge granted an injunction to three graduates of physical therapy programs in the Philippines against the Georgia State Board of Physical Therapy and the FSBPT. The injunction prohibits the Georgia Board and the FSBPT from enforcing in Georgia a July 2010 security measure implemented by the FSBPT that requires graduates receiving their first physical therapy degree from programs in Egypt, India, Pakistan and the Philippines to take an NPTE-i form of the National Physical Therapy Examination.

The judge’s ruling was based upon the plaintiffs’ argument that the Georgia Board failed to follow the formal “rule making” requirements of the Georgia Administrative Procedures Act and exceeded its statutory authority by adopting the FSBPT security measure. The judge’s ruling was limited to these two issues and does not address the plaintiffs’ additional arguments, including their assertion that the security measure violates their Due Process and Equal Protection rights under the Georgia Constitution.

# posted by Greg Siskind @ 9:07 AM

Monday, March 7, 2011

USCIS PLANS TO CLARIFY THAT TEACHING HOSPITALS REMAIN EXEMPT FROM H-1B CAP

A furor that has developed in recent months due to USCIS backtracking on years of recognizing the affiliation relationships between non-profit teaching hospitals and America's medical schools is about to be resolved. Siskind Susser has learned that next week USCIS will be issuing a clarification memorandum that will instruct examiners that teaching hospitals are to continue to be exempt from H-1B quotas as they have in the past.

# posted by Greg Siskind @ 7:49 AM