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Chris Musillo on Nurse and Allied Health Immigration

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  1. MARCH 2017 VISA BULLETIN: DETAILED ANALYSIS AND PREDICTIONS

    by , 02-09-2017 at 02:53 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the March 2017 Visa Bulletin. This is the sixth Visa Bulletin of Fiscal Year 2017. This blog post analyzes this month's Visa Bulletin.


    March 2017 Visa Bulletin


    Final Action Dates

    Applications with these dates may be approved for their Green Card (Permanent Residency card).


    Employ-
    ment
    based
    All Charge-
    ability
    Areas Except
    Those Listed
    CHINA-
    mainland
    born
    INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 15DEC12 01JUN08 C C
    3rd 01DEC16 15MAR14 22MAR05 01DEC16 15MAR12



    MU Law Analysis

    All Other: The EB-2 has been current for many years. The EB-3 progression continues, moving an additional two months. Consular processed EB-3 are effectively current.

    China: The China EB-2 date again moved up one month. The China EB-3 date progressed nearly six months! The China EB-3 continues to have a more favorable date than EB-2, as a result of many Chinese EB-3 workers "upgrading" their applications to EB-2.

    India: EB-2 India moved up about 6 weeks, while EB-3 India stayed the same, unfortunately.

    Mexico: Mirrors All Other in all aspects.

    Philippines: EB-3 moved ahead by nearly six more months. The Philippine EB-3 number essentially cleaned out all 2010 and 2011 EB-3 visas in less than 6 months months. This is what we have expected. (Our note from September 2016: "This is consistent with internal MU Law analysis which sees this category progressing into 2013 by the Summer of 2017.").


    ____


    The Visa Bulletin also included projections for the next several months of Visa Bulletins.

    EMPLOYMENT-based categories (potential monthly movement)

    EB-1: The category will remain “Current”.
    China and India: A Final Action Date is likely to be imposed by August.
    (MU Law note: this is not unusual and happens most years. This should not concern anyone.)

    EB-2:
    Worldwide: Current
    China: Up to five weeks.
    India: Up to one month.

    EB-3:
    Worldwide: Up to three months.
    China: Up to six months.
    India: Extremely limited forward movement.
    Mexico: Will remain at the worldwide date.
    Philippines: Up to six months.

    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 and follow us on Twitter.
  2. TRUMP BAN LIFTED TEMPORARILY

    by , 02-05-2017 at 10:46 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Over the weekend a federal court in the State of Washington stopped President Trump’s three part ban on immigration of certain nationals. This Judge’s Temporary Restraining Order was affirmed by an appellate court shortly thereafter.

    Because this TRO is temporary, MU Law urges all nationals in the three classes listed below immediately to attempt to enter the United States. The TRO could be rescinded at any time. If the TRO is rescinded, the ban will go back into effect, in part or in whole.

    The three classes of individuals impacted by the ban:


    • Barring nationals of seven countries from entering the US for 90 days. The seven countries are: Iran, Iraq, Sudan, Syria, Libya, Somalia, and Yemen. These nationals are barred regardless of whether they have cleared background checks and hold valid nonimmigrant (temporary) or immigrant (permanent) visas.



    • Suspending the U.S. Refugee Admissions Program (USRAP) for 120 days. This provision also says that once the 120 day period has ended, that the US government must prioritize refugee claims “made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.” Since Islam is the majority religion in many countries, this provision appears aimed at prioritizing Christians’ refugee claims, which President Trump has stated is one of his goals.



    • Permanent suspension of all Syrian refugees until such time as President Trump sees fit to lift the permanent ban on Syrians.


    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 and follow us on Twitter.
  3. GRASSLEY, DURBIN REINTRODUCE H-1B BILL

    by , 01-25-2017 at 01:14 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Sens. Grassley (R-IA) and Durbin (D-IL) have reintroduced their H-1B bill. They have introduced a version of this bill for the last several Congressional sessions. The last version of the bill only attracted 5 co-sponsors, and never had any significant traction in Congress. This term, competing and related House bills have been offered by Rep. Issa and Rep. Lofgren.

    It remains unclear how this one differs, if at all, from the last versions, since the text of the bill has not yet been released. The last version of the bill included several significant changes to the H-1B process. That bill creates a preference system for the H-1B lottery, which prioritized H-1B workers in this order:


    • Masters (or greater) degree in STEM from a US university
    • Companies who offer a Level 4 wage for that H-1B worker
    • Masters (or greater) degree in any other major from a US university
    • Companies who offer a Level 3 wage for that H-1B worker
    • Bachelor’s degree in STEM from a US university
    • Bachelor’s degree in any other major from a US university
    • Schedule A occupation
    • Good corporate citizens


    Other components of the bill included:


    • H-1Bs must pay at least a level 2 wage for all H-1Bs
    • Require a posting on USA jobs.gov for 30 days prior to filing an H-1B
    • Employer must certify that no US worker has been displaced and that the employer has attempted to recruit US workers
    • 50/50 employers are barred from the H-1B process
    • H-1B limited to 3 years, unless the H-1B worker has an approved I-140
    • Additional burden for employers who place workers at third-party worksites.
    • Increased investigative power for DOL
    • Changes to the L-1 program


    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 and follow us on Twitter.
  4. VISA BULLETIN: "CONSISTENT FORWARD MOVEMENT" EXPECTED FOR PHILS EB-3

    by , 01-23-2017 at 10:52 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration lawyers Association. Charlie Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month. This month’s Check In With Charlie featured predictions about EB2 and EB3 in most of the popular categories for readers of this Blog. Here are some highlights:

    Philippine EB3 – Charlie again offered his most optimistic predictions for this category. He said that he expects “consistent forward movement” in the EB-3 Philippines category. While he does not expect the Philippines EB-3 to catch up to the Worldwide date, he expects Philippines EB-3 to “recover significantly”. This is consistent with internal MU Law analysis, which sees this category progressing at least into 2013 by the Summer of 2017.

    India EB2 and EB3 – Unfortunately the news is not so rosy for Indian nationals. Neither EB2 nor EB3 is expected to progress to any significant degree.

    Worldwide EB-2 and EB-3 – EB-2 will remain current for the foreseeable future. It is our expectation that Worldwide EB-3 will continue to see a slight retrogression, consistent with the recent past. The Worldwide EB-3 date may stall in the Spring/Summer of 2017, as the full allotment of numbers gets used. It will then move quickly again into the next fiscal year.

    China EB-2 and EB-3 - These categories are the most difficult to predict. The DOS is trying to be conservative in the forward progression of these dates in an effort to stop the see-saw progression and retrogression of dates that we have seen in the recent past.


    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 and follow us on Twitter.
  5. MU LAW, AAIHR, AILA SUCCESSFULLY RESOLVE MANILA POST PROBLEMS

    by , 01-19-2017 at 09:20 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    For much of the second half of 2016, the US Embassy at Manila has been delaying Visa appointments because of a bad interpretation of law. Through the combined effort of MU Law, AAIHR, and AILA, it appears that the Manila Post will no longer incorrectly interpret these visa applications, which should lead to speedier visa issuance.

    The Manila Post was incorrectly readjudicating previously approved green card applications. In some instances, these applications were several years’ old. The Post would often ask for updated prevailing wage determinations, posting, and labor certifications. MU Law and the AAIHR, through AILA and other communication channels spent much of the second half of 2016 explaining in detail why these readjudications were contrary to law. These interpretations were limited to the Manila Post. Other Posts were not readjudicating these types of applications.

    The Post has confirmed that they agree with our legal position and will no longer readjudicate these applications. The Post has also set out a framework to prioritize these types of matters.

    In the last week or two, MU Law has noticed that visa application delays have ceased, which likely is the result of this Manila Post policy change. MU Law commends the Manila Post on its willingness to dialogue on this issue.

    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 and follow us on Twitter.

    Updated 01-19-2017 at 09:23 AM by CMusillo

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