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Chris Musillo on Nurse and Allied Health Immigration

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  1. SEVEN THINGS TO REMEMBER ABOUT THE H-1B CAP

    by , 02-21-2018 at 02:23 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    1.These types of cases are subject to the 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.


    2.These types of cases that are not subject to H-1B cap:


    • H-1B amendments/extensions/transfers
    • When the employee has been in H-1B status for less than 6 years
    • Trade Visas (H-1B1, E-3, TN-1) Chile, Singapore, Australia, Canada, Mexico
    • MDs who have received a J-waiver of their 2 years foreign residency requirement.
    • H-1Bs filed by institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization.



    3. Employees with a U.S. master’s degree or higher get two chances at the H-1B cap. The USCIS first runs a Masters Cap H-1B lottery to determine 20,000 lottery winners. All H-1B applicants who lose this lottery are then placed in the general 65,000 H-1B lottery.

    4. Cap-Gap Rule: USCIS automatically extends the H-1B status of OPT F-1 students who win the H-1B lottery. The OPT F-1 status is extended through October 1, at which point the status converts to H-1B by operation of law.

    5. An Employee does not have to hold H-1B status for the employer to initiate green card process. This can be started while the employee is on F-1 or most other statuses.

    6. We do not recommend that F-1 students travel outside the US while their H-1B cap petition is pending at USCIS. USCIS may consider the petition to be abandoned. If the F-1 student does travel, the employee is required to apply for an H-1B visa abroad before re-entering the US.

    7. The employee’s proposed worksite may not change until the H-1B CAP petition is approved. If the worksite changes the USCIS is inclined to deny the case. If possible the H-1B cap petition should be upgraded via Premium Processing. Upon approval of the H-1B, the employer can file an H-1B amendment.

    __________
    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.

  2. H-1B CAP: PAST DEMAND AND 2018 DEMAND

    by , 02-19-2018 at 01:59 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    This year’s H-1B filing date of April 1, 2018 is coming fast. MU Law predicts that H-1B petitioners will file fewer than the 200,000 petitions that were filed last year.

    When the USCIS receives more H-1B petitions than slots available it holds an “H-1B lottery”. Last year, the USCIS held an H-1B lottery because it received over twice as many H-1B petitions as there are slots available.

    If you are considering filing an H-1B cap-subject petition, MU Law urges you to begin that process now.

    The H-1B is usually associated with IT positons. Most of the H-1B slots are used by IT professionals. Many healthcare professions also qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.

    International workers who are working in the U.S. on an H-1B visa with another H-1B employer are not subject to H-1B cap. These cases are commonly referred to as “H-1B transfer” cases and may be filed at any time throughout the year.

    Employees that need a "cap-subject" H-1B include:

    * 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
    * Prospective international employees currently living abroad

    Past H-1B Demand:


    Year: H-1B Cap Numbers: Date H-1B Cap Reached:
    H-1B 2003 (FY 2004) 65,000 October 1, 2003
    H-1B 2004 (FY 2005) 65,000 October 1, 2004
    H-1B 2005 (FY 2006) 85,000 August 10, 2005
    H-1B 2006 (FY 2007) 85,000 May 26, 2006
    H-1B 2007 (FY 2008) 85,000 April 1, 2007
    H-1B 2008 (FY 2009) 85,000 April 1, 2008
    H-1B 2009 (FY 2010) 85,000 December 21, 2009
    H-1B 2010 (FY 2011) 85,000 January 25, 2011
    H-1B 2011 (FY 2012) 85,000 November 22, 2011
    H-1B 2012 (FY 2013) 85,000 June 11, 2012
    H-1B 2013 (FY 2014) 85,000 April 1, 2013
    H-1B 2014 (FY 2015) 85,000 April 1, 2014
    H-1B 2015 (FY 2016) 85,000 April 1, 2015
    H-1B 2016 (FY 2017) 85,000 April 1, 2016
    H-1B 2017 (FY 2018) 85,000 April 1, 2017
    H-1B 2018 (FY 2019)(projected) 85,000 April 1, 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, Twitter and LinknedIn.

  3. 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

  4. 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

  5. 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.
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