March 2014

Issue link: http://ailahub.aila.org/i/266941

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Lifestyle 9 What's Trending 9 Inter Alia 9 Get Connected 9 Member Advantage 9 Contact Us sponsor: about us: 5 Practice Pointers 9 w Immigration & Crimes u Immigration & Health care w Behind the Case w going global Trends in Health Care Immigration Cases by Sherry Neal S ix key trends in immigration cases for Schedule A occupations and allied health care workers present challenges for immigration aorneys and their clients. ese trends are described below, with helpful practice tips for practitioners. Health Care Certificate Renewals Some health care workers are fooled into thinking that if an individual already has used a health care certificate to enter on a nonimmigrant status, it won't be needed for adjustment of status. However, U.S. Citizenship and Immigration Services (USCIS) relies on 8 CFR §212.15(d)(1) for the opinion that a health care worker must present the certificate at "each" admission until lawful permanent residency is granted, thus requiring a valid health care certificate before approving the Form I-485, Application to Register Permanent Residence or Adjust Status. Practice pointer: Advise clients to renew the health care certificate before it expires. If they wait to renew until they receive a request for evidence (RFE) from USCIS, then there may not be sufficient time to obtain the renewal, since the renewal may require re-taking an English proficiency exam, as well as additional courses to meet current educational standards. EB-2s for Physical Therapists USCIS is strict with master's degree equivalency for physical therapists. e Foreign Credentialing Commission on Physical erapy (FCCPT), one of the agencies responsible for issuing health care certificates, and other education evaluation companies conclude that a five-year program in physical therapy is substantially equivalent to a master's degree. But USCIS oen disregards the evaluation from FCCPT and other reputable organizations by stating in its RFEs that it is "not in accordance with other evidence." e "other evidence" relied on by USCIS is American Association of Collegiate Registrars and Admissions Office's EDGE database. Practice pointer: Expect an EB-2 case based on a bachelor's degree and five years of experience to fare much better than an EB-2 with a master's degree requirement. Proof of Passing National Council Licensure Examination (NCLEX) USCIS has been questioning the leers issued by some state boards of nursing regarding the beneficiary's passing of the NCLEX (nursing examination) because the agency thinks that the state board is not the appropriate source to verify a passing score. is becomes an issue when some candidates who took the exam years ago have confirmation of the passing score from a state board instead of the testing authority. Practice pointer: The issue can be overcome, but it requires additional proof, such as an e-mail from the state board confirming the authenticity of the passing score letter. AILA's Focus on EB-2 and EB-3 Degree Equivalency + LIBRARY BOOK next uw

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