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Chris Musillo on Nurse and Allied Health Immigration

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  1. AUGUST 2016 VISA BULLETIN: UNSURPRISING SURPRISES

    by , 07-11-2016 at 05:06 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the August 2016 Visa Bulletin. This is the eleventh Visa Bulletin of Fiscal Year 2016. As the fiscal year winds down, the last few Visa Bulletins always have some surprises.

    This Visa Bulletin is no exception. Some dates progressed favorably. Other dates retrogressed. Rest assured that these changes are temporary.

    In this Visa Bulletin, the US DOS confirmed that everything will go back to "normal" on October 1, 2016, the start of the next fiscal year.


    August 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 01JAN10 01JAN10 C C
    2nd 01FEB14 01JAN10 15NOV04 01FEB14 01FEB14
    3rd 15MAR16 01JAN10 08NOV04 15MAR16 15MAY09



    MU Law Analysis

    All Other: The EB-2 has been current for many years. The retrogression of the EB-2 category simply means that the DOS approved more cases than it expected to in FY2016. The EB-3 moved forward by two weeks. These dates continue to be very favorable. We expect that All Other dates will continue to be positive for the foreseeable future, starting on October 1, 2016.

    China: A note in this month's Visa Bulletin indicates that these dates will stay at January 2010 for the September 2010's Visa Bulletin.

    India: EB-3 moved ahead a few weeks. But the EB-2 remained stuck in 2004. We expect the India EB-2 to stay in 2004 until the October 2016 Visa Bulletin at which time it should steadily move forward.


    Mexico: Mirrors All Other in all aspects.

    Philippines: EB-3 moved ahead three more months. The note in this month's Visa Bulletin indicated that the EB-3 date should move through 2009 and may move into 2010 by September, as MU Law has been expecting. (Our note from May 2016: "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, and may reach 2010 by the end of this fiscal year."). The enactment of a Feb 2014 in EB-2 is of no concern. Philippine EB-2 will be current in October 2016.


    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 07-11-2016 at 05:24 PM by CMusillo

  2. MU TURNS SEVEN

    by , 07-01-2016 at 09:15 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Today marks the seven year anniversary of the Musillo Unkenholt LLC law firm. We have always tried to serve our clients with intelligence, speed, and respect. We are very proud of the work that we have done here on behalf of our many clients. Over these seven years we have significantly grown the firm. We have about twice as many employees as when we started on July 1, 2009. Most of our growth is due to referrals from our clients, which is the greatest sign of success.

    The firm’s lifeblood is the people who work here. We have three paralegals who have been with us since Day One, and another who re-joined us from our prior law firm. All four are outstanding paralegals and better people. We have several attorneys whose first attorney job was with MU Law. They all have bright presents and brighter futures. We have a number of newer, younger people who have benefited our culture and continually add to it.

    Thank you to everyone – employees, clients, friends, professional colleagues -- who have contributed to MU Law’s success over these seven years. We are very proud to celebrate seven great years!


    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 07-01-2016 at 09:31 AM by CMusillo

  3. ANOTHER COURT LIMITS DOLís AUTHORITY TO INVESTIGATE H-1 EMPLOYERS

    by , 06-22-2016 at 10:17 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Greater Missouri case has been winding its way through the courts for ten years. The case significantly limits the scope of the DOLís authority to investigate H-1B employers, but was limited to certain Midwest states. A decision issued last week, Volt Management, means that the opinion in Greater Missouri could be applied nationally.

    Traditionally the DOL has used any allegation of H-1B or LCA violations as probable cause to investigate an H-1B employerís entire H-1B program. In Greater Missouri, the Eight Federal Circuit Court of Appeals held that the DOLís investigative authority solely was limited to the allegation. In other words, if one H-1B employee filed a complaint with the DOL, the DOL could only investigate any violations against that one H-1B employee. The DOL cannot, under Greater Missouri, investigate the employerís entire H-1B program.

    The Greater Missouri decision, however, was limited to matters within the Eight Federal Circuit, Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. In Volt Management, BALCA held that
    :

    Because the case at hand arose in the Ninth Circuit, I am not bound by the Eight Circuitís decision in Greater Missouri. But having been reversed, ARBís decision in Greater Missouri is not binding either. The ARB has had no occasion yet to revisit the issues raised in Greater Missouri in light of the change in the lawóthe Eighth Circuitís holding. Until the issue is again reviewed by the ARB, it remains an open question whether a single aggrieved party complaint justifies a broad investigation into whether an employer violated the INA with respect to other H1B employees. I follow the Eighth Circuitís reasoning.


    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. DINNER AT AILA

    by , 06-15-2016 at 09:24 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Are you an immigration attorney who is going to the AILA Annual Conference in Las Vegas next week? If so, and if you do not have plans on Thursday evening, please join us for dinner.

    For the last several years a group of AILA lawyers who practice in healthcare have gotten together for a dinner on the Thursday of AILA Annual week. Most years we have about 15 people attend.

    It is a great chance to catch up with old friends (and new ones!). It is a casual event. If you are an AILA attorney who is interested in attending this yearís dinner, please let me know how many will be attending from your group by June 17. Friends, spouses, etc. are also welcome.

    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. JULY 2016 VISA BULLETIN: ANALYSIS FOR THE REST OF THE FISCAL YEAR

    by , 06-09-2016 at 03:04 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

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

    July 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
    01JAN10
    01NOV04
    C
    C
    3rd
    01MAR16
    01JAN10
    22OCT04
    01MAR16
    15FEB09


    MU Law Analysis



    All Other:
    The EB-2 has been current for many years. The EB-3 moved forward by two weeks. These dates continue to be very favorable. We expect that All Other dates will continue to be positive for the foreseeable future.

    China:
    Both Chinese categories remained at January 2010. A note in this month's Visa Bulletin indicates that these dates will stay at January 2010 for August and September 2010's Visa Bulletin.

    India: EB-3 moved ahead one month. But the EB-2 remained stuck in 2004. We expect the India EB-2 to stay in 2004 until the October 2016 Visa Bulletin at which time it should steadily move forward.


    Mexico:
    Mirrors All Other in all aspects.

    Philippines:
    EB-3 moved ahead three more months. The note in this month's Visa Bulletin indicated that the EB-3 date should move through 2009 and may move into 2010 by September, as MU Law has been expecting. (Our note from May 2016: "
    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, and may reach 2010 by the end of this fiscal year.")


    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.
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