Goff Wilson Newsletter

USCIS REACHES H-1B EXEMPTION CAP FOR FISCAL YEAR 2006

(20,000 Slots Reserved for Aliens with U.S.-Earned Master’s Degree or Higher Exhausted)

Washington, D.C. - On January 18, 2006 the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient H-1B petitions that qualify for the exemption from the H-1B numerical limitations for foreign workers with a U.S.-earned master’s or higher degree (the number of aliens exempted from the H-1B cap on this basis may not exceed 20,000 per fiscal year). Consequently, USCIS has determined that the “final receipt date” for these 20,000 cap-exempt H-1B petitions was January 17, 2006.

Petitioners may re-submit their petitions when H-1B visas become available for FY 2007. The earliest date for which a petitioner may file a petition requesting FY 2007 H-1B employment with an employment start date of October 1, 2006, is April 1, 2006.

Petitions for those already in H-1B status do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to:

Extend the amount of time a current H-1B worker may remain in the United States.
Change the terms of employment for current H-1B workers.
Allow current H-1B workers to change employers.
Allow current H-1B workers to work concurrently in a second H-1B position.
For those who have a labor certification (green card) pending

USCIS also notes that petitions for new H-1B employment are exempt from the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.

The H-1B visa program is utilized by some U.S. businesses to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field, such as scientists, engineers, or computer programmers. As part of the H-1B program, the Department of Homeland Security (DHS) requires U.S. employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while the Department of Labor’s Wage and Hour Division safeguards the treatment and compensation of H-1B workers.

USCIS received enough H-1B petitions to meet the general population H-1B cap of 58,200 (congressional cap of 65,000 less 6,800 set aside for workers from Singapore and Chile by the Free Trade Act) for fiscal year 2006 on August 10, 2005. Those cap numbers do not include the 20,000 exempt foreign workers with a U.S.-earned master’s or higher degree.

Please contact us at 603-228-1277 for more information or to speak with one of our attorneys about the H-1B visa process now, so your application can be filed when the visas are released on April 1, 2006.

HOW DO I…CHANGE MY ADDRESS WITH USCIS?

Most non-United States citizens who are in the U.S. are required by law to notify USCIS of any change of address within ten (10) days after moving to a new address. To notify the USCIS of your change of address, you must file a Change of Address Form, AR-11 with USCIS.

If you have filed any application or petition and it is still pending a decision, you will want to keep USCIS informed of any change of address so you can receive any important notices or decisions via mail.

NCSBN sets date for implementation at new international testing sites for NCLEX Examinations

Chicago, IL – On February 9, 2006 the National Council of State Boards of Nursing (NCSBN), will begin NCLEX testing at the newly selected international Pearson Professional Centers on April 1, 2006. Appointments for testing on, or after April 1, have begun on February 15, 2006.

The new centers will be located in Sydney, Australia; Toronto, Montreal, and Vancouver, Canada; Frankfurt, Germany; Mumbai, New Delhi, Hyderabad, Bangalore, and Chennai, India; Mexico City, Mexico; and Taipei, Taiwan. Appointment availability for Pearson Professional Centers in Chiyoda-ku, and Yokohama, Japan will be announced at a later date. These new sites are in addition to centers in London, England; Seoul, South Korea; and Hong Kong, which have been operational since January 2005.

All international candidates are required to apply to the board of nursing in the state or territory where they wish to be licensed before registering for the NCLEX examination. The NCLEX examination fee for all candidates is $200. Candidates who elect to take the NCLEX at an international site will pay an additional $150 when they schedule their examination. State and territorial NCLEX examination fees remain at their current levels and are not being used to subsidize the international testing initiative.

CGFNS Designates Barbados and Jamaica as English Exempt Countries for the Purpose of 212(r) Visa Certification

Philadelphia, PA — The Commission on Graduates of Foreign Nursing Schools (CGFNS) announced that it has added Barbados and Jamaica to the list of English exempt countries under Section 212(r) of the U.S. Immigration and Nationality Act. Nurses from countries who qualify under Section 212(r) are eligible for this alternative screening of their professional credentials for the purpose of immigration.

To qualify for the Certified Statement, foreign educated nurses from a Section 212(r) designated country must have passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN). They must hold a current, valid and unrestricted license from one of the five designated Section 212(r) states—Florida, Georgia, Illinois, Michigan, and New York. And they must have graduated from a nursing program in which the language of instruction and textbooks were in English.

Barbados and Jamaica joined Australia, Canada (including the five recently CGFNS designated English-Language Schools from Quebec), Ireland, New Zealand, South Africa, Trinidad and Tobago, the United States, and the United Kingdom as 212(r) designated countries. 212(r) status exempts nurses from English language proficiency examinations and qualifies them to receive a Certified Statement from CGFNS as an alternative process in lieu of a VisaScreen certificate.

Did you know?

The USCIS has developed Civics Flash Cards to help you increase your knowledge and understanding of U.S. history and government. Immigrants applying for naturalization can use these flash cards as a study tool to prepare for the naturalization exam and teachers and volunteers can use these flash cards in the classroom.

The flash cards are available in Adobe PDF at USCIS web site at: http://uscis.gov/graphics/citizenship/flashcards/index.htm

To apply to the board of nursing in the state or territory where you wish to be licensed, please visit: http://ncsbn.org/regulation/boardsofnursing_boards_of_nursing_board.asp

If you have any comments on our newsletter, any topics you would like to see reviewed or if you have news, events or other items of interest that you would like to share - please forward your comments and suggestions to abouley@goffwilson.com.