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Chris Musillo on Nurse and Allied Health Immigration

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  1. DOS ADDRESSES EB-3 PHILIPPINES AND INDIA VISA BULLETIN RETROGRESSION

    by , 04-19-2016 at 11:45 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    AILA regularly checks in with Charlie Oppenheim, who is the Department of State’s expert on Visa Bulletin numbers. Their most recent Check In with Charlie contains his projections for several major visa categories.

    EB-3 Philippines

    The expectation is that Philippines EB-3 VB date will continue to advance a few months at a time, consistent with movement over the past few months. He “hopes” that the date will progress into mid-2010 before the end of this fiscal year in September 2016.

    There are currently about 4,200 immigrant visas in the pending demand file. The Texas Service Center has 1,600, the Nebraska Service Center has 1,200, and the US Consulate in Manila has 1,400.

    Charlie expects EB2 Philippines to be current for the foreseeable future.

    EB-2 and EB-3 India

    Both India EB-2 and EB-3 will move slowly forward, although because of unusual demand for EB-1 it is difficult for Charlie to accurately predict movement in these categories. Normally, light demand for EB-1 numbers means that unused EB-1s trickle down into the EB-2 category. The government is also seeing increased upgrade demand, where previously approved EB-3s are now being re-field as EB-2s.

    New Final Action Date for EB-4 for El Salvador, Guatemala and Honduras

    The unusual site of these countries appearing on the Visa Bulletin is because of demand for EB-4 Special Immigrant Juvenile (SIJS) applicants. While this means retrogression for these categories, it should have no impact on the traditional EB-1, EB-2, or EB-3 categories in other countries.

    EB-2 and EB-3 China.

    It will likely be necessary to retrogress these categories due to increasing demand for these immigrant visas.


    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. USCIS CONFIRMS 236,000 H-1B PETITIONS WERE FILED

    by , 04-15-2016 at 12:47 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    USCIS announced on April 7, 2016, that it has received 236,000 H-1B cap-subject petitions, which is slightly more than the 233,000 H-1B cap-subject petitions that were received in 2015. USCIS is in the process of running the H-1B lottery. USCIS will begin premium processing for H-1B cap cases no later than May 16, 2016.

    USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap. USCIS will continue to accept and process petitions filed to:


    • Extend the amount of time a current H-1B worker may remain in the United States;
    • Change the terms of employment for current H-1B workers;
    • Allow current H-1B workers to change employers; and
    • Allow current H-1B workers to work concurrently in a second H-1B position. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering, and computer programming.


    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. MAY 2016 VISA BULLETIN

    by , 04-12-2016 at 06:22 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the May 2016 Visa Bulletin. This is the eighth Visa Bulletin of Fiscal Year 2016.

    May 2016 Visa Bulletin

    Final Action Dates

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

    Employment- Based
    All Chargeability Areas Except Those Listed
    CHINA - mainland born
    INDIA
    MEXICO
    PHILIPPINES
    1st
    C
    C
    C
    C
    C
    2nd
    C
    01SEP12
    22NOV08
    C
    C
    3rd
    15FEB16
    15AUG13
    01SEP04
    15FEB16
    01AUG08


    MU Law Analysis



    All Other: The EB-2 has been current for many years. The EB-3 remains at Feb 15, 2016, jsut as it was last month. These dates continue to be very favorable. We expect that All Other dates will continue to be positive for the foreseeable future.

    China: Neither Chinese category moved this month. This May Visa Bulletin included a note on Chinese EB categories:

    CHINA E3: There has been an extremely large increase in Employment Third preference applicant demand in recent weeks. This is likely due to the “downgrading” of status by applicants who had originally filed in the Employment Second preference. This has resulted in the Third preference final action date being held for the month of May. Continued heavy demand for numbers will require a retrogression of this date for June to hold number use within the FY-2016 annual limit.

    India: EB-2 and EB-3 moved ahead a few weeks.

    Mexico: Mirrors All Other in all aspects.

    Philippines: EB-3 moved ahead three more months. MU Law believes that Philippines EB-3 will continue to steadily move forward in the coming months. We expect it to move into 2009 in the by early summer.

    Dates of Filing

    Applications with these priority dates should see their Consular Process application progress. The USCIS may allow filing of the I-485 Adjustment of Status, provided that the USCIS issues its monthly authorization.



    Employment-
    Based
    All Chargeability
    Areas Except
    Those Listed
    CHINA-
    mainland
    born
    INDIA
    MEXICO
    PHILIPPINES
    1st
    C
    C
    C
    C
    C
    2nd
    C
    01JUN13
    01JUL09
    C
    C
    3rd
    C
    01MAY15
    01JUL05
    C
    01JAN10


    MU Law Analysis

    These dates did not change from the prior Visa Bulletin.


    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. USCIS REACHES FY 2017 H-1B CAP

    by , 04-08-2016 at 11:18 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    In a surprise to no-one, U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap of 85,000 visas for fiscal year (FY) 2017.

    As in the last few years, USCIS will use a computer-generated process (H-1B lottery) to randomly select H-1B petition “winners”. The agency will reject and return filing fees for all unselected cap-subject petitions.

    USCIS’ press release indicates that it cannot yet determine when it will conduct the random selection process. USCIS will begin premium processing for H-1B cap-subject petitions requesting premium processing no later than May 11, 2015.

    International workers who are working in the U.S. on an H-1B visa with another cap-subject 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.

    Likewise, H-1B extensions and amendments are also not subject to the H-1B cap. MU Law recently posted a blog on alternatives to the H-1B cap, which you can access here.

    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. OPTIONS IF YOU LOSE THE H-1B LOTTERY

    by , 04-01-2016 at 10:54 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The H-1B cap opened on April 1, 2016. On April 7, 2016, or shortly thereafter, the USCIS will announce that it has received more than 85,000 H-1B petitions, which is the H-1B cap limit. MU Law believes that the USCIS will reports that at least 200,000 H-1B petitions will have been filed, and perhaps as many as 250,000. As a result, the USCIS will hold an H-1B lottery.

    The H-1B cap is clearly a drain on the US economy. Nonetheless, until Congress acts to help the American economy and raises the H-1B cap, the H-1B lottery will result in many otherwise qualified H-1B workers having to consider alternative visa options. Here are some options:


    • Those that have had an H-1B in the past are often not counted against the H-1B cap. If you have had an H-1B approved in the past, you should contact your attorney, even if you have never entered the US and activated the H-1B.


    • H-1B cap-exempt employers can file for H-1Bs at any time. An H-B cap-exempt employer is (1) a University; or (2) a non-profit that is related to a University, such as a University Hospital; or (3) A Non-Profit research organization; or (4) A Non-Profit government research organization.


    • Nationals of these countries have alternative visa categories that are similar to the H-1B, but are not subject to the H-1B cap: Canada, Mexico, Australia, Chile, and Singapore. If you hold a passport from any of these countries you can seek a visa such as a TN-1, E-3, or H-1B1.


    • OPT for F-1 Students. The F-1 rules liberally allow students to work in the US. Many students can now work for 24 month, after their graduation from a US college.


    • Green Card filings can often be done quickly. All categories except India EB-2, EB-3, China EB-2, EB-3 and Philippine EB-3 have very favorable processing times. Most applicants who qualify for categories other than these should expect their green cards in 12-18 months.


    • The L-1 visa (Multinational Executive, Managers, and Specialized Knowledge workers), the O-1 (Extraordinary Ability) and the E-1/E-2 (Treaty Trader and Treat Investor) offer some options for high level and critical employees.


    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.
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