Bahag-Hari

I am writing this piece as an encouragement to all my Filipino Kababayans everywhere in the world who suffer being away from their loved ones, friends and families, from colleagues who are less than kind or fair in division of labor, from dishonesty, ridicule and hurtful words from people they care for in foreign lands, from powerlessness in changing the course of their fate, from the long wait to becoming resident of a foreign country, from the lack of knowledge or the wisdom of experience to know better, from the absence of a helping hand or an understanding ear, in being alone in sickness, joys and pains, things that chip away at the very core of our spiritual strength. Be patient. Your time will come.

Filipinos are known for their long-enduring patience, and caring nature that is the mark of their excellence in service-oriented professions and industries, the most prominent of which is healthcare and management. That is why our service will always be in demand. That is why we are world class. And because of this were are also very prone to abuse. But we are also very strong psychologically, as a people. We already proved that by leaving all our comfort zones and our security blankets in the distant shores of home. And that took a giant leap of faith on our part, not knowing what to expect. Harder still is adjusting to foreign cultures, learning foreign language and doing work according to foreign laws with no previous background education of what that entailed. Given all that, I think it would be well-deserved if we all got master’s or doctorate degrees in foreign studies just by being here and doing what we do. That’s just my not very humble opinion.

I am asking to you to keep that chin up. Arm yourselves with knowledge, education, experience, ambition, and prayer to remain strong in the face of the most adverse situation. Keep your eyes on your personal goals. Define those goals. Say them out loud. Visualize what you want to become in time. Work hard, do it right and do it well. Do not let all this negativity kill your dreams. Do not let them rob you of your chance at success. You are very VALUABLE. Never let anyone make you believe otherwise. Our biggest challenge is just TIME. But time also never stops moving forward. And time has a funny way of validating truths that could not be hidden. And in time, you will understand why you are in exactly the same spot you are in today. All we really have to do is wait, persist and keep the faith. God is looking out for every single one of us. I am very sure of that.

I was rummaging in my old moving boxes tonight and came upon my personal journal that I started when I immigrated here in the United States in 2004. I used it to doodle and while away my time on my breaks from reviewing for my State Boards. And as I was flipping through the pages, I found this page full of random quotes. This is the one I’d like to share with you.

God only answers in three ways.

YES. And He gives you what you want.

NO. And He gives you something better.

WAIT. And He will give you the very BEST.

All things DO come to those who wait…

Here is a beautiful piece given to all the therapy staff at Valley Regional Medical Center by our director. Read at least once a week. Enjoy!

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Written by Regina Brett, 90 years old,

“To celebrate growing older, I once wrote 45 lessons life taught me.”

1. Life isn’t fair, but it’s still good.

2. When in doubt, just take the next small step.

3. Life is too short to waste time hating anyone.

4. Your job won’t take care of you when you are sick. Your friends and family will. Stay in touch.

5. Pay off your credit cards every month.

6. You don’t have to win every argument. Agree to disagree.

7. Cry with someone. It’s more healing than crying alone.

8. It’s OK to get angry with God. He can take it.

9. Save for retirement starting with your first paycheck.

10. When it comes to chocolate, resistance is futile.

11. make peace with your past, so it won’t screw up your present.

12. It’s OK to let your children see you cry.

13. Don’t compare your life to others. You have no idea what their journey is all about.

14. If a relationship has to be a secret, you shouldn’t be in it.

15. Everything can change in the blink of an eye. But don’t worry; God never blinks.

16. Take a deep breath. It calms the mind.

17. Get rid of everything that isn’t useful, beautiful or joyful.

18. Whatever doesn’t kill you really does make you stronger.

19. It’s never too late to have a happy childhood. But the second one is up to you and no one else.

20. When it comes to going after what you love in life, don’t take no for an answer.

21. Burn the candles, use the nice sheets, wear the fancy lingerie. Don’t save it for a special occasion. Today is special.

22. Over prepare, then go with the flow.

23. Be eccentric now. Don’t wait for old age to wear purple.

24. Themost important sex organ is the brain.

25. No one is in charge of your happiness but you.

26. Frame every so-called disaster with these words ‘In 5 years, will this matter?’

27. Always choose life.

28. Forgive everyone everything.

29. What other people think of you is none of your business.

30. Time heals almost everything. Give time time.

31. However good or bad the situation is, it will change.

32. Don’t take yourself too seriously. No one else does.

33. Believe in miracles.

34. God loves you because of who God is, not because of anything you did or didn’t do.

35. Don’t audit life. Show up and make the most of it now.

36. Growing old beats the alternative — dying young.

37. Your children get only one childhood.

38. All that truly matters in the end is that you loved.

39. Get outside every day. Miracles are waiting everywhere.

40. If we all threw our problems in a pile and saw everyone else’s, we’d grab ours back.

41. Envy is a waste of time. You already have all you need.

42. The best is yet to come.

43. No matter how you feel, get up, dress up and show up.

44. Yield.

45. Life isn’t tied with a bow, but it’s still a gift.

Hello everyone!

This is happy news for many of us Pinoy PT/OTs. This is the latest news from
Hammond Law Group which basically states that the law is on our side. Please
read on. Please also see linked document on the formal letter received from DHS.

___________________________________________________________________

I am pleased to report that we have been successful in the goal of or PT/OT
lawsuit! As you can see from this Memorandum, going forward the USCIS will
approve all PT/OTs provided that the beneficiary holds at least a Bachelors
degree.

Later today or tomorrow, the USCIS is going to formally release this Memorandum. (UPDATE: It has been posted). An advance copy was sent to us last night by the DHS’ lawyer in our lawsuit. The Memorandum says exactly what we hoped it would: if a PT/OT (or any healthcare worker) holds a valid unrestricted license, then the USCIS adjudicating officer should not look past the license and “the beneficiary will be considered to meet the qualifications to perform services in a specialty occupation.”

The Memorandum also clarifies what happens if the worker is not in possession of a state license. The USCIS adjudicating officer must first determine the state
requirements. Then if the only thing prohibiting the worker from obtaining the
license is a SSN or valid immigration status and/or being physically present in
the US, then the USCIS should approve the case for one years’ time.

We knew the law was on our side and so it is good to see the USCIS make the
proper determination. All cap-subject H-1 cases should be approved, as we’d
hoped when we started this.

-Chris Musillo

______________________________________________________________

Link for Memorandum:
http://www.facebook.com/ext/share.php?sid=98401709240&h=oNTmr&u=IvkBE&ref=nf

God bless us all!

Iris

God is good. He is Almighty. If there is anyone who doubts the truth about answered prayers. This is your proof.

• nbcotletterno1
• nbcotletterno2

I shouldn’t be writing this post for I have more important things to do like finish my paper for my Master’s. But for some insane reason I just could not get this off my mind. Thus the need for cathartic writing to clear the muddle that’s beginning to cloud my focus.

I had a brief but interesting discussion with one of the staff today about faith. Apparently, she had studied world religion and ended up a non-believer. We got into the dissection of how a person becomes like this after being so well-read and knowledgeable about any subject in general. Knowledge is good, but too much knowledge without application is useless. As it turns out, the more a person knows about something, the lesser the faith. Faith defined is the belief that something is true regardless of proof. Thus, the more proof you find (specially proof that is contrary to the hypothesized situation) the more self-explanatory it becomes, the less interesting, the less believable. Finding proof that anything exists or makes sense is like asking for a miracle on demand. If miracles could be pulled like bunnies from a tophat, then this proof one is seeking becomes no more than a magician’s bag of tricks. The universe would lose its mystery. The world as we know it would be a very dull place and life would lose its very meaning — now then, where would be the joy in that? The starting point should be a belief and the search should be for meaning. The answers should not be an end-point, but a step towards the next phase.

Religions exist because of people who have similar beliefs have come together and found a way of life to abide by because of the meaning they found in their own lives by believing in something. Their common belief anchors them to an ideal and empowers them to do everything and anything. In order to do that, a person has to choose to follow that ideal. Today, the multitudes have a plethora of religions, sects, denominations, etc. - all designed to identify each group. And because there are so many choices, it is a lot harder to make a decision on just one. People do tend to get so lost in the details that they fail to see the entire picture — what is relevant to you at this particular moment in your life is all that matters. You don’t have to preach what you believe. You just have to believe. You don’t have to change the world. You just have to worry about you. The rest will follow.

There is an old poem that I love so much that to this day still holds a lot of wisdom for me. It has made my life so simple.

___________________________________________

The Disederata

Go placidly amid the noise and haste,

And remember what peace there may be in silence.

As far as possible without surrender,

Be on good terms with all persons.

Speak your truth quietly and clearly, and listen to others -

Even the dull and ignorant, they too have their story.

Avoid loud and aggressive persons - they are vexations to the spirit.

If you compare yourself with others, you may become vain and bitter,

For always there will be greater and lesser persons than Yourself.

Enjoy your achievements as well as your plans.

Keep interested in your own career -

However humble, it is a real possession in the changing fortunes of time.

Exercise caution in your business affairs,

For the world is full of trickery.

But let this not blind you to what virtue there is.

Many persons strive for high ideals,

And everywhere life is full of heroism.

Be yourself.

Especially do not feign affection, neither be cynical about love.

For in the face of all aridity and disenchantment,

It is as perennial as the grass.

Take kindly the council of the years,

Gracefully surrendering the things of youth.

Nurture strength of spirit to shield you in sudden misfortune,

But do not distress yourself with imaginings -

Many fears are borne of fatigue and loneliness.

Beyond a wholesome discipline, be gentle with yourself.

You are a child of the universe.

No less than the trees and the stars, you have a right to be here.

And whether or not it is clear to you,

No doubt the universe is unfolding as it should.

Therefore, be at peace with GOD, whatever you conceive him to be.

And whatever your labors and aspirations,

In the noisy confusion of life,

Keep peace with your soul.

With all its sham, drudgery, and broken dreams,

It is still a beautiful world

Be careful & strive to be happy.

     Now that spring sunshiny weather is here and summer is just around the bend, the thought that comes to mind is … where to go to get some leisurely vacation time. The downward spiral of the economy has actually turned a lot of good deals with travel bookings. I just came from a long weekend roadtrip in the East Coast flying in via Philadelphia, PA and driving down south through Baltimore, MD and the northern tip of Delaware to Washington D.C. to watch the 2009 Annual Cherry Blossom and Japanese Sakura Matsuri Festival. At this time of year, the cherry trees along the Tidal Basin are in full bloom as are the dogwood trees that are all over the U.S. capital splashing the city with gorgeous pastel shades of pink and white against earth-colored buildings and stark blue sky. It’s any amateur photographer’s dream landscape…

     Speaking of photography, I checked my mail today to find a copy of this month’s issue of Popular Photography which featured America’s 30 most photo-friendly cities. I have been to 14 of them … and then some. That’s 16 more to go, then! LOL. Here they are according to their ranking.

1. Denver, CO

2. San Francisco, CA

3. Austin, TX (been here)

4. Louseville, KY

5. Jacksonville, FL

6. Seattle, WA

7. Fort Worth, TX

8. Philadelphia, PA (been here)

9. Dallas, TX (been here)

10. San Jose, CA

11. San Antonio, TX (been here)

12. Charlotte, NC

13. Memphis, TN (been here)

14. New York, NY (been here)

15. Portland, OR

16. Washington DC (been here)

17. Boston, MA (going here in May)

18. San Diego, CA (been here)

19. Columbus, OH

20. Milwaukee, WI

21. El Paso, TX (been here)

22. Houston, TX (been here)

23. Nashville, TN

24. Indianapolis, IN

25. Las Vegas, NV (been here)

26. Chicago, IL (been here)

27. Los Angeles, CA (been here)

28. Baltimore, MA (been here)

29. Phoenix, AZ

30. Detroit, MI

     I was wondering why Hawaii was not in the list. I have seen the most beautiful sunrise in my life on top of Mt. Kilauea in Maui. Or St. Louis or Branson, MO. Or the scenic route in northeastern Arkansas and north Oklahoma. I have reserved a special place for Ashville, NC and the Salt Lake City, UT. And Iowa is so pretty during the tulip festival. Pictures taken from these places form the most part of the landscapes in my mind. The rankings in the magazine were based on cost of visit, sunny/rain/snow hour ratio, clean air, number of camera stores, parks and zoos, museums and galleries, crime rate, and private security. Makes sense, if you ask me, since photography can be a very expensive hobby. Me? I stick with travelling. This way I can preserve my very personal hobby of getting lost and finding the most unusual and unexpected places of beauty that feeds my soul.

I think I am a cynic… I am blessed with the good sense, wit and humor to laugh at everything that goes wrong with the world. Otherwise, I would have been a certified jaded person who could not come up with the energy to get up in the morning and face the woes of the day. 

I was trying to psyche myself out as a form of unwinding and I find it all so entertaining… the economic plunge… the eternity-long wait for the chance to go home… the stress of work… the distance from my family… my long-distance relationship… the routinely frustrating problems that I have to deal with everyday. It’s a wonder I have not developed some form of addiction, except maybe the internet — which I use to attend my online classes. So that can’t count. The thing is, people do get attached to those things that give temporary relief. Some drink. Some smoke. Some do drugs. Some have sex. Habits that have very destructive consequences to the body and the mind. I prefer the more constructive outlets. The kind that develop creativity, strategic thinking, and habitual success such as blogging, shopping, planning, working out at the gym, travelling… the good stuff. It is all really just a matter of perspective. Happiness IS a state of mind. But I believe that what you think can only go so far as what is externally confirmed by your social, physiological, and environmental states. The key is positive thinking. The firm belief that everything shall pass according to how you perceive the world and your role in it. The mind is a very powerful thing. And humor is its greatest destressor.

So what’s the difference between being jaded or cynical? Here’s some interesting quotes I found on the internet. I had so much fun reading them that I felt I should share them on this post.

ETHICAL CONUNDRUMS

Is it worse to be cynical or jaded?

 
Who cares? 
Jennifer, Bedford, England

 
What’s the difference between ignorance and apathy? I don’t know and I don’t care… 
JD, Columbus, US

 
Surely you mean… is it better to be cynical or jaded? 
Angela, London

 
People become jaded through repetitive experience. This is reasonable but dull. Cynicism is unreasonable but much more fun. 
Fred, London UK

 
At least if you’re jaded it implies you’ve lived a little. I mean when it comes to wild parties I’m jaded, darling! 
Rachel, New York USA

 
Cynicism is essential for surviving this lousy superficial society. Being jaded is the result of being insufficiently cynical. 
keith leadbetter, edinburgh

 
Embrace your inner cynic. Of course, you get pretty jaded because of this after a while though. 
greg, montreal canada

 
Jaded is infinitely worse than cynical, if only for health reasons. The jaded person has lost the will to live. A cynic will carry on living as they still have something left to fight. Additionally, a cynic can bring about change that the jaded are incapable of. Another point that may have been missed, the optimist tends to see things in their most positive light when perhaps this point of view is not justified nor healthy. As such the optimist is equally incapable of reaction. This can only bring one to the conclusion that the cynic is the highest level of self actualisation possible! 
Charles E Hardwidge, Bristol United Kingdom

 
Actually, a cynic is someone who moans constantly but never does anything about anything and is determined to stay that way. Someone who’s jaded hasn’t lost the will to change, they’ve just lost the means. Scratch the surface of a cynic and you’ll find someone who simply doesn’t have any answers. Polish the surface of a jaded person and you’ll find they’ll come up good as new. 
R Cooper, Twickenham

 
No. It’s better to be cynical or jaded. 
Nigel Smith, Reading UK

 
Cynicism is a term derived from a philsophical school that questions everything without accepting immediate facts. Thus leading to the belief structure that everything must be questioned and nothing is as simple or easy as it seems. Jaded refers to an arrogance that is structered on the “been there, done that, have that tee-shirt” mentality. 
Poly, Liverpool UK

 
Being cynical is the lowest form of humour but the highest form of intelligence 
Kevin smith,

 
Cynics make good reporters. 
Ann Moore, Hampton USA

 
Why should such negative emotions become associated with such a lovely colour as green? 
figbash, England

 
Cynic comes from the Greek and means ‘dog-like.’ Jaded comes from the middle English and means ‘horse-like’. So it depends whether you prefer dogs or horses. 
Karen, Oldham

 
I was cynical when I started to read all of the answers, now I’m jaded. 
Stephen, Nottingham, England

 
It was probably Rupert Murdoch who got you to ask the question, not that I give a f*** anyway. 
David Roberts, St Quentin La Poterie, France

 
Better to be both, then all bases are covered 
Charlotte, Brighton, UK

 
But it is better to be tired or emotional than both. 
Iain Stewart, Sydney, Australia

 
Jaded hobbits are like that only because they’ve been to Mt.Doom and back. Cynical hobbits never leave the shire. They don’t like adventure. 
Greg Montgomery, Watertown, WI, USA

 
I would rather be a cynic; they have better jokes and complain less. 
Camden, Milford, USA

 
Can’t remember who said ‘a cynic is just a sentimentalist who is afraid of himself’, but it makes me think that jaded is veteran cynic with a medal or two. 
Clare, Belfast, Northern Ireland

 
I’m going to go with jaded because being jaded implies that you have a reason for being such… Cynics thrive on the belief that you can’t trust anything or anyone, with no solid reasoning… Why? Because if they had reason they’d be jaded! 
Jess, Ft. Drum, NY USA

 
Pessimists tend to become cynical, as they tend to believe the existence of a hidden motive. Optimists, with experience, tend to become jaded, as the world falls short of their expectations. Jaded people tend to become cynical, but cynical people rarely end up jaded. So, being jaded is kind of the scenic route to cynicism. 
Fatch, Milwaukee, WI USA

 
If cynicism robs you of innocent wonder and world-weariness leaves you crippled by the fatigue of living, then they are the same. For which is worse? 
Michael Sircha, Perth, Western Australia

 
Its worse to be jaded. I am very cynical and I love it. 
Herman, Edmond USA

 
A jaded person has been there and done that. A cynic never was. 
Amy, Lakewood Jefferson

 
Cynicism and jaded are one and the same ingredients. The belief of insincere people is a stepping stone and/or a stumble onto loneliness. Ones distrust of peoples’ motives distances that person from others. That loneliness results in incidental bordem. Dishonesty makes the walls close in on one’s emotions. 
Philip Trepanier, Ottawa, Canada

 
I don’t like either alone, together though: the jaded person before becoming jaded makes friends with a cynic and then they both have a great time. So long as the cynic enjoys the doses of optimism and doesn’t get annoyed by them. And the optimist doesn’t become disillusioned by hanging out with the cynic. Because that would be boring, pointless and gloomy. Cynics and optimists together can be really proactive and make great company: CAN be… 
Lee Simmons, Torbay England

 
It’s worse to be jaded. Being cynical is a cognitive state of viewing the motives of other as self-serving. Jaded is when cynicism reaches a point of callous insensitivity. 
Dan Zappone, Austin, TX US

 
A jaded person has loved and lost. A cynic has never loved at all. 
Chris, Tuscaloosa, Alabama United States

 
In my opinion it’s better to be jaded; this implies that you have the requisite experience on which to base your jadedness. Cynicism implies that you have no reason to trust anything or anyone; jadedness implies on the other hand that you have reasons behind your lack of trust. Depending on what is, I’m both. So what difference does it really make which it’s better to be? The truth of the matter is this: it’s better to be neither cynical nor jaded. 
William, Knoxville United States

 
I would say it has a sequence you are first cynical then after accepting you are right to be cynical you then become jaded. After being jaded then you can forget the lot and start being cyncial again 
Ian, Worcester England

 
Cynicism is the rejection of social rules. The irony is that the cynic needs a society with all its rules in order to criticize it. Jaded people have experienced enough of societal events to know that not everything is at it seems; i.e companies announce grandiloquent “transformations” when what they mean is labor cuts; sales people offer you incredible bargains that end up costing more than a regularly priced item. Now, in my opinion, we all are a bit cynics, jaded, optimists, etc. at one time or the other. It’s part of a healthy human nature. Someone who defines his or herself as purely one or the other, is an emotionally crippled person. 
Flavio, San Diego USA

 
Cynics tend to bite, jaded people tend to sigh. 
Erik Willekens, Leuven Belgium

 
Cynicism goes hand in hand with scepticism. While being jaded leads to ignorance. If you can choose, choose cynicism, as it will bring you more trouble and thus a more complex life. 
Gerald, Bavaria

 
Cynics can still be full of energy for a task, jaded individuals have temporarily run out of gas. 
Michael Flynn, Phuket Phuket

 
The power of accurate observation is called Cynicism by those who do not possess it … 
Jack, Boston, England

 
Cynicism differs from pessimism, for pessimists think that everything is negative, and nothing never helps, so they wont do anything. Cynics realise everything is negative and nothing ever helps, but they live with these rules. Cynicism is the best form of wisdom, for it will save you from many disappointments and mistakes in your life. 
Markus Latvala, Nurmo, Finland

 
A jaded person is already asleep, while a cynic is still awake and suffers of this “condition”. 
Tim, Potsdam (Germany)

 
I have been called a everything accept a child of God. But for the first time I was told I was cynical? But after doing research I realize that it is a form charm, good wits and intelligence, at least that’s the way I see it. 
Ishmael, Baldwyn MS USA

 
Being cynical or being jaded is a set of mind. This being a set of mind means that it can be changed. Change happens because people force change. We should force cynical and jaded people to be different. 
Ruiberto O.F., Bologna Espanja

 
Humbug. You’re all lightweights. As we rotate around a giant sinkhole to our certain oblivion, yet still have to pay taxes, buy a mortgage, spend thousands on ungrateful brats and die unloved in vicious and uncaring old people’s home; it’s better to reflect this miserable state of being by inclinging towards being both jaded AND cynical. 
N Taylor, Brighton UK

 
The question is ambiguous because there are two fundamentally different kinds of cynics: professed, and practising. I am a professed cynic, and a softie at heart. Practising cynics think everyone else is shite, but keep that a secret until they’ve done their work. 
Anthony Gumbrell, Seattle USA

 
A cynic is someone who looks at the world and sees through the tripe most people accept without questioning it, they express their disappointment with the human race in general through sarcastic comments and remarks. Someone who is jaded does the exact same thing, but instead of telling the rest of the world how stupid they are like cynics do, they simply watch and wait for the world to catch up with them. 
Aoife, Dublin, Ireland

 
Cynics think that people are willing to throw them under the bus. People who are jaded have been under the bus. 
Tom, Chicago, USA

 
Jaded people haven’t been there any more than cynics. They really are worthy of criticism, for there failure to do anything or to care. That’s all I have to say right now. 
Michele, San Francisco

 
I’m a jaded cynic. 
Martin Poffenberger, Peachtree City, GA USA

 
I am jaded and honestly its not because I was cynical 
Hiren , Dhoraji India

Hi guys!

I have been following the progress of the H1-B/master’s degree requirement issue so closely and this is the latest news that I was able to find. If you have any other news, please share with us here, so we may all be educated. Thanks!

Iris

__________________________________________________________________
PT/OT Update on Hammond Law Group LLC

We are currently experiencing a devastating situation with the USCIS Service Centers. The Service Centers are now denying all H-1B petitions filed on behalf of Physical Therapists and Occupational Therapists, in spite of the fact that the PTs and OTs have the requisite license. USCIS is taking the position that a Masters degree is the requirement for entry into the position and these Beneficiary does not possess a Masters degree.

This is absolute and clear error for two reasons.

First, each state determines who is eligible for licensure to practice in the profession within their state. To protect against any state having a lesser minimum educational entry standard, Congress and USCIS regulation authorize third-party educational evaluators such as CGFNS and FCCPT to issue Healthcare Worker Certificates that certify that the Beneficiary’s education is comparable to the education required for licensure in the United States. A license to practice issued by the state of intended employment along with a Healthcare Worker Certificate issued by one of these agencies is conclusive regarding the Beneficiary’s eligibility to practice in the profession.

Second, even accepting USCIS’ position, FCCPT just has issued a letter indicating that their Type I Healthcare Worker Certificate means that the candidate has the equivalent of a U.S. Masters degree. We are attempting to get the same letter issued by CGFNS and NBCOT, and hope shortly to have these letters. And so even by USCIS’ minimum entry standard, these Beneficiaries hold the Masters degrees and ought to be universally approved by USCIS.

We have been in contact with AILA and have fully explained the issue. In turn, we are working AILA and communicating with USCIS HQ. We optimistically are hoping for a quick resolution to the matter. Nevertheless, the new H-1 quota opens on April 1 and is expected to close on the same day (i.e. more than the Congressional limit of 65,000 visas will be filed on April 1).

Therefore, we have initiated discussions with a law firm specializing in administrative appeals and we are pursuing our options in federal court. We have been advised that we quickly could seek declaratory relief/preliminary injunction. HLG has initiated discussion with impacted clients and other immigration attorneys. If we are to pursue this action in federal court, we will need to raise significant legal fees in order to pay the attorneys to file the law suit.

In the action we will also seek EAJA relief. EAJA relief may provide for some or all of the professional fees to be returned.

If you have been impacted by these decisions and wish to join us in the lawsuit, please contact Chris Musillo or Cindy Unkenholt. We will likely have a call on Monday to review the matter and talk about next steps. We must know of all interested parties by this Thursday, March 5.
___________________________________________________________________

A couple of weeks ago, the Filipino PT/OT e-groups exploded with the news of PT and OT H1-B visa denials by the USCIS due to their inability to produce evidence of the new minimum educational requirement of master’s degree for foreign-trained therapists. Almost immediately the decision was argued by immigration lawyers on behalf of their clientele that there was a misinterpretation and miscommunication among authorities in the USCIS on the matter. The source of the misinterpretation is the Occupational Outlook Handbook 2008-2009 edition, which is virtually the immigration office’s “bible”. It states the following:

 Training, Other Qualifications, and AdvancementOccupational therapists must be licensed, requiring a master’s degree in
occupational therapy, 6 months of supervised fieldwork, and passing scores on
national and State examinations.

The recent change in educational requirements will affect H1-B first-time applicants, H1-B renewal applicants, and H1-B petition transfers. Traditionally, the USCIS tasks independent agencies such as the FCCPT, CGFNS and the NBCOT to evaluate the educational credentials to ensure the match between international educational curriculums with the US educational curriculum for a skilled worker to be eligible for the state board examination. Thus, it falls under the jurisdiction of these agencies to assist in appealing the current issue. In a response to an email of a concerned individual, officials from NBCOT added a new supporting document called the “Credential Evaluation” letter in order to file for the Visa Credential Verification Certificate (VCVC) which, in turn, is a requirement for the conversion of a working visa to permanent residence status, more commonly known as the greencard.

A public hearing is being organized and scheduled to occur in the next few weeks by a group of law firms representing foreign skilled workers to address the issue, as a lot of Filipino skilled workers await their fate in hopeful silence.

Meanwhile, I would personally want to reiterate that right now, the most important thing to keep in mind is not where we want to live, how much money we want to make… those will come later. The important thing is our job security. We all need to make sure that we can legally stay here and work for a living. Please pray. God bless us all.

What is going on in the therapy world today? According to an article on USA today, a Government Accountability Office report was released last Friday, March 8, 2009, citing increase in abuse and fraudulent claims that increased Medicare spending on home health services by 44% over the past 5 years, from 2002 to 2006 amounting to as much as $13 billion in services provided by nurses, aides, physical therapists and other skilled care professionals. This is the link to the full article on the USA today website.

http://www.usatoday.com/news/health/2009-03-12-healthfraud12_N.htm