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Chris Musillo on Nurse and Allied Health Immigration

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  1. VISA BULLETIN MARCH 2018: ANALYSIS AND PREDICTIONS

    by , 02-12-2018 at 02:02 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the March 2018 Visa Bulletin.
    This is the sixth Visa Bulletin of Fiscal Year 2018. This blog post analyzes this month's Visa Bulletin.


    March 2018 Visa Bulletin

    Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.


    EB

    Class
    All Other
    CHINA
    INDIA
    MEXICO
    PHIL'PNES
    EB-1
    C
    C
    C
    C
    C
    EB-2
    C
    01DEC13
    15DEC08
    C
    C
    EB-3
    C
    15NOV14
    01JAN07
    C
    01MAY16


    Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.


    EB


    Class
    All Other
    CHINA
    INDIA
    MEXICO
    PHIL'PNES
    EB-1
    C
    C
    C
    C
    C
    EB-2
    C
    01FEB13
    08FEB09
    C
    C
    EB-3
    C
    01JAN16
    01JAN08
    C
    01OCT16


    MU Law Analysis (all references are to Table A unless noted)


    All Other: The EB-2 has been current for many years. The EB-3 is also current and is expected to remain current for the foreseeable future.

    China (mainland-born): Both China EB-2 and EB-3 favorably progressed, each by two months in Table A. The China EB-3 remains more favorable than Chinese EB-2. The odd situation of China EB-3 progressing faster than China EB-2 will remain to be the case for the foreseeable future. A note at the end of the February Visa Bulletin says that both China EB-2 and EB-3 should move several months in the near future.


    India: Both India EB-2 and EB-3 progressed. EB-2 only progressed by one week. EB-3 moved ahead by 4 weeks. A note at the end of the February Visa Bulletin says that India EB-3 should move 1-3 months in the near future.

    Mexico: Mirrors All Other in analysis.

    Philippines: The Philippine EB-3 date moved two months, which is its best movement in FY2018. This may reflect the fact that I-485 processing times may slow because of the new I-485 EB interview requirement. If EB I-485 interview times slow, it will cause the DOS to free up more visas for Consular Processing petitions. This is also reflected in the fact that EB-3 Table B moved three months. A note at the end of the February Visa Bulletin says that we should expect one month movements in EB-3. MU is slightly more optimistic than this projection.

    __________
    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitterand LinknedIn.


    Updated 02-12-2018 at 04:54 PM by CMusillo

  2. H-1B CAP 2018: NEWS AND NOTES

    by , 02-07-2018 at 02:17 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The H-1B cap filing date will be here before you know it. New H-1Bs are subject to the H-1B cap and must be filed on April 2-6, 2018, for a start date of October 1, 2018. The USCIS treats all H-1Bs that are filed April 2-6 as if they were filed on the first day of H-1B season.

    The H-1B cap will surely be oversubscribed next year. When the H-1B cap is oversubscribed, the USCIS holds an H-1B lottery, which is what they did this past April. In April 2017, 42% of H-1Bs that were filed on April 1 “won” the H-1B lottery and 58% lost the H-1B lottery.

    This year we are expecting that fewer H-1Bs will be filed than in 2017. It would not surprise us if the H-1B lottery winners exceed the number of H-1B lottery losers.

    A variety of types of case are subject to H-1B cap:


    • International students working on an EAD card under an OPT or CPT program after having attended a U.S. school;
    • International employees working 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 in another visa status e.g. H-4, L-2, J-1, F-1;- H-1B workers with a cap exempt organization; and
    • Prospective international employees currently living abroad.


    These types of case are not subject to H-1B cap:



    • H-1B amendments/extensions/transfers
    • H-1B in the past where employee has used 6 years
    • Trade Visas (H-1B1, E-3, TN-1) Chile, Singapore, Australia, Canada, Mexico
    • Institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization.


    Please contact us if you have any questions or are looking for representation in filing H-1B cap petitions.

    ___________

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn.

    Updated 02-07-2018 at 02:22 PM by CMusillo

  3. H-1 CAP 2018: USCIS UPDATE

    by , 01-29-2018 at 10:57 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    The American Immigration Lawyers Association recently confirmed with the USICS Service Center Operations Directorate that the USCIS is not anticipating any procedural changes to the H-1B cap for the coming April 2018 filing season. The USCIS confirmed they intend to follow the same procedure using for April 2017 filings this year and will not require any type of pre-registration for H-1Bs filings.

    In addition, the USCIS confirmed that they do not anticipate premium processing will be suspended for non-cap H-1B petitions, including H-1B transfers, amendments, or extensions. However, there may be a brief moratorium on premium processing for H-1B cap petitions filed in April 2018.

    Musillo Unkenholt is hosting an H-1B Cap Webinar on January 31. We will be discussing a variety of immigration issues, including present and forthcoming Trump administration policy changes.

    To register, please visit: https://app.livestorm.co/musillo-unk...ap-season-2018


    ___________

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitterand LinknedIn.
  4. VISA BULLETIN FEBRUARY 2018: ANALYSIS AND PREDICTIONS

    by , 01-16-2018 at 01:57 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the February 2018 Visa Bulletin. This is the fifth Visa Bulletin of Fiscal Year 2018. This blog post analyzes this month's Visa Bulletin.

    February 2018 Visa Bulletin

    Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

    EB

    Class
    All Other
    CHINA
    INDIA
    MEXICO
    PHIL'PNES
    EB-1
    C
    C
    C
    C
    C
    EB-2
    C
    01OCT13
    08DEC08
    C
    C
    EB-3
    C
    15SEP14
    01DEC06
    C
    01MAR16

    MU Law Analysis

    All Other: The EB-2 has been current for many years. The EB-3 is also current and is expected to remain current for the foreseeable future.

    China (mainland-born): Both China EB-2 and EB-3 favorably progressed. EB-2 improved by two months; EB-3 improved by five months. The China EB-3 remains more favorable than Chinese EB-2. The odd situation of China EB-3 progressing faster than China EB-2 will remain to be the case for the foreseeable future.

    India: Both India EB-2 and EB-3 progressed. EB-2 by 2 weeks and EB-3 by 4 weeks, which is about what we expect that the monthly progressions will be in FY 2018. MU suspects that EB-3 will not progress at any notable rate until at least the India EB-3 date moves past the Visa Gate date of August 2007.

    Mexico: Mirrors All Other in analysis.

    Philippines: The Philippine EB-3 date moved two weeks, which is its average in FY2018. Because of increased demand will expect slower progressions in the FY2018, progressing no more than 1-2 months per Visa Bulletin, unless I-485 processing times. I-485 processing times may slow because of the new I-485 EB interview requirement. If EB I-485 interview times slow, it will cause the DOS to free up more visas for Consular Processing petitions.
    ___________


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitterand LinknedIn.
  5. TRUMP BACKS DOWN ON AN H-1B THREAT TO 6+ YEAR H-1Bs

    by , 01-09-2018 at 12:07 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    McClatchy reports that the Trump Administration has backed down from a threat that would have eliminated the ability of H-1B workers with long-pending green card cases to extend their H-1B status beyond 6 years. They had previously reported that the Trump Administration was considering the change to H-1B extensions.

    In a recent MU Law blog, we outlined the reasons that such a policy change was contrary to law. We explained that The Trump Administration would have lost if challenged in court. While Section 104 of AC21 might provide arguable cover for a Trump policy change, by law Section 106 of AC21 could not have been changed. Therefore any policy change to Section 104 would have simply resulted in USCIS granting H-1B extensions in one-year increments.

    McClatchy quotes an unnamed USCIS official who confirms our analysis and the analysis of many members of the business immigration bar:

    “What we can say, however, is that USCIS is not considering a regulatory change that would force H-1B visa holders to leave the United States by changing our interpretation of section 104(c) of AC-21, which provides for H-1B extensions beyond the 6 year limit,” the agency told McClatchy. “Even if it were, such a change would not likely result in these H-1B visa holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead.”

    ___________


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn.
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