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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

New Issues For Doctors, Nurses, Etc.

by Gregory Siskind, et al.

Editor's Note: The following are the materials for this seminar.

Citations for ILW.COM's Seminar
"New Issues For Doctors, Nurses, Etc."
Session 2 held on July 21, 2005

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

From Sherry L. Neal

Memorandum regarding H-1b's and Social Security Numbers http://www.ilw.com/seminars/june2005_citation2a.pdf

From William Stock

INS memo of 11/27/2002 on H-1B for nurses: AILA Infonet doc no. 02121746

Regulation regarding H-3 training visas for nurses: 8 CFR 214.2(h)(7)(i)(B).

INS memo on H-1B and lack of a license because of lack of an SSN: AILA doc no. 01112131

From Greg Siskind

PT Chart

OT Chart

Pharmacist Chart

From Judith Pendergast

Section 343 of Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 104-208

Sections 212(a)(5)(C) and (r) Immigration and Nationality Act.

Federal Register, Vol. 68, No. 143, Friday July 25, 2003 (final rules)

Path to CGFNS/ICHP VisaScreenT Certification: Applicant Handbook; 2004-2005 Edition, CGFNS.

English requirement chart can be found at :

Average time for processing the healthcare worker certificate can be found at:

Information on number of healthcare worker certificates issued can be found at:

ICHP VisaScreenT: Visa Credentials Assessment Fact Sheet at http://www.cgfns.org

Question:

Is it true, as I have been hearing, that staffing companies such as mine that act primarily as brokers to provide nurses to hospital clients that cannot or will not do the work themselves, are having their petitions kicked back because they are not considered the primary employer? If a hospital files directly for the nurse, chances are there will be an approval but not so for a staffing company? In the past, hospitals have scooped up the nurses that were brought over but did not want to get involved at the start of the process so we filed petitions under our own company name. Has there been a change in USCIS policy on this issue?

Answer by William Stock:

I would answer that immigration law has always required the "employer" (the actual source of the immigrant's day-to-day direction and of the immigrant's pay) to be the petitioner, and does not let a "matchmaking" employment agency petition for a position with a different employer. The only thing that may have changed would be the level of awareness of the issue at the USCIS service centers, who now know to look at the issue of whether or not the staffing company is an "outplacement" agency (one which directs the immigrant to work at a site, but pays the immigrant and in turn is paid by the hospital based on the hours worked by the immigrant) or a "matchmaking" agency (one which directs the immigrant to work at a site and is paid a single fee, but the immigrant goes on the hospital's payroll and has no further contact with the agency). In the first scenario, the agency can be the petitioner, because it will be the employer. In the second scenario, it is the hospital who will be the employer, and the agent is only arranging the employment, so the hospital and not the agency must be the petitioner.

Answer by Greg Siskind:

That's right. I knew of a placement firm that got away with filing many cases as the petitioner even though its hospital clients was the real employer. Eventually USCIS caught on and the company ran into a load of problems.


About The Author

Gregory Siskind et al. are the speakers for the New Issues For Doctors, Nurses, Etc. seminar.


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.


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