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Bloggings on Nurse Immigration

by Christopher T. Musillo of the Hammond Law Group

Editor's note: Here are the latest entries from Hammond Law Group's blog

March 25, 2009

H-1 Season

There are only 13 days left until the window will opens for the filing of H-1B visas for FY 2010. The H-1B visa is the work visa that is often used by professional occupations. While the number of H-1(b) cases that are filed may be less than in recent years, it still is likely that the H-1B cap is reached on the first day of filing. Filings may be received at the USCIS until April 7.

Employees that may need an H-1B visa include:

  • International students working for your company on an EAD card under an OPT or CPT program after having attended a U.S. school;
  • International employees working for your company on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case;
  • Prospective international employees here in the U.S. in another visa status e.g. H-4, L-2, J-1, F-1, H-1 with a cap exempt organization, etc.; and,
  • Prospective international employees currently living abroad.

International workers who are working here in the U.S. on an H-1B visa with another cap subject employer are not subject to the April 7, 2009 cap filing deadline. These cases are commonly referred to as “transfer” cases and may be filed at any time throughout the year.

Many healthcare professions ordinarily qualify for H-1(b) status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing jobs.