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Chris Musillo on Nurse and Allied Health Immigration

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  1. JUNE 2018 VISA BULLETIN: LATEST UPDATE AND ANALYSIS

    by , 05-12-2018 at 11:18 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

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

    June 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
    01JAN12
    01JAN12
    C
    C
    EB-2
    C
    01SEP14
    26DEC08
    C
    C
    EB-3
    C
    01JUN15
    01MAY08
    C
    01JAN17

    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
    01FEB15
    01APR09
    C
    C
    EB-3
    C
    01JAN16
    01SEP08
    C
    01JUL17

    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): As with all categories this month, the movements were nonexistent. It would not surprise MU if the Chinese numbers did not move for the remainder of the fiscal year. China EB-2 is a better bet to progress than EB-3, although it remains doubtful that EB-2 progresses ahead of EB-3.

    India: There is a similar story with India as with China. No progress, outside of a minor 4 day movement in EB-3. We would not be surprised to see minor movements in these categories before the end of the fiscal year.

    Mexico: Mirrors All Other in analysis.

    Philippines: Phils EB-3 stayed the same, which is not surprising considering the enormous progressions of the last few years. The Phils EB-3 number will probably continue to only move negligible, reflecting the large numbers of Philippine RN EB-3 petitions that were filed in 2016-2018. There is a chance of a small progression in the next few VBs.

    _______________
    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 EMPLOYERS SUE USCIS TO STOP HARASSING EMPLOYER-EMPLOYEE RFEs

    by , 05-03-2018 at 08:17 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    On May 1 a significant lawsuit was filed in federal court in New Jersey. The Plaintiffs, three IT consulting companies, seek to overturn some of the most harassing parts of the USCIS’ policy against H-1Bs.

    The legal issue is simple: USCIS is only allowed to enforce laws that are passed by Congress. USCIS is not allowed to create laws. The lawsuit alleges that the USCIS’ policy of seeking third-party contracts, vendor letters, itineraries, and endless details over employer-employee relationships are all outside USCIS’ authority.

    Jon Wasden is the attorney who filed the case. Jon worked at USCIS's Administrative Appeals Office and the Justice Department and has substantial experience in these issues.

    If your H-1B has been denied for these reasons, please let me know and I can put you in touch with Jon or you can visit his website.


    _______________
    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. DHS DIR. CISSNA CONTINUES THE ASSAULT ON H-1Bs

    by , 04-30-2018 at 08:53 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Earlier this month, USCIS Director Francis Cissna in a letter to Sen. Grassley (R-IA) described a number of forthcoming policies aimed at restricting the H-1B. Dir. Cissna’s policy changes hide behind fraud concerns. The real target is reducing legal immigration.

    The new restrictions that USCIS plan to unilaterally impose include:


    • Rewrite the definition of “Specialty Occupation”. USCIS will rewrite the definition of specialty occupation. Under the current “bottom-up” approach, US employers decide who comes to America. The agency’s “big government” rewrite will create more regulation, more USCIS officer discretion, and less accountability for USCIS officers. These policies are being produced because the administration thinks that it knows who are the “best and brightest,” instead of the marketplace.






    • Ratcheting up third-party worksite H-1B denials. Despite no objective evidence that fraud exists in third-party staffing situations, USCIS seeks to ask for additional evidence that it does not ask for in first-party worksite assignments. This issue seems ripe for litigation. It seems inevitable that an H-1B employer will successfully challenge the Service’s overreaching requests in this area.


    _____
    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.
  4. CHECKING IN ON THE VISA BULLETIN

    by , 04-20-2018 at 09:35 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, which are the most popular categories for readers of this Blog. Here are some of this month’s highlights:

    Categories in which final action dates will remain the same include-
    EB-1 China and India;
    EB-2 India;
    EB-3 China and Philippines;
    EB-4 El Salvador, Guatemala and Honduras, and
    EB-5 China.

    Categories with modest advancements-
    EB-2 China will move forward one month to September 1, 2014;
    EB-3 India will advance three months to May 1, 2008;
    EB-3 Other Workers China and India will advance one and three months respectively, to May 1, 2007 and May 1, 2008; and
    EB-4 Mexico will advance roughly five weeks to October 22, 2016.

    It is likely that most employment-based final action dates will hold at their May dates for the month of June with some changes possible in July. What occurs is entirely dependent on demand that may materialize, and continuing consultations with USCIS. The wildcard this year that could cause unanticipated fluctuations in the final action dates is the pace of USCIS field office processing of I-485s.

    _____
    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.
  5. USCIS RECEIVES 190,000 H-1B CAP PETITIONS

    by , 04-13-2018 at 08:25 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    USCIS announced that it received 190,098 petitions during the filing period, including petitions filed for the advanced degree exemption (compared to the 199,000 H-1B petitions received during the FY2018 filing period).

    USCIS is in the process of running the H-1B lottery and notifying H-1B cap winners. Petitioners should expect about 44% of their H-1B cap filings to be H-1B cap winners. Based on prior years, we will receive H-1B lottery winner receipts throughout April and May. After that we will receive the H-1B lottery loser petitions. Traditionally if you do not receive a winner receipt notice by June 1, you have probably lost the H-1B lottery.

    _______
    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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