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Chris Musillo on Nurse and Allied Health Immigration

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  1. PORTING AN I-485 TO A NEW EMPLOYER

    by , 07-24-2017 at 09:24 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    Last year the USCIS issued new guidance regarding when a foreign national can port his/her I-485. Under the American Competitiveness in the Twenty-First Century Act (AC21) a foreign national can change his/her employer or job during the green card process once the I-485 has been pending for 180 day or more.

    When changing positions, the green card applicant and their new employer, must file a form I-485(j) with the USCIS confirming the new employer is taking over the green card case, agrees to pay the prevailing wage, and that the new position is the same or similar to the position described in the green card application.

    The USCIS will consider the totality of the circumstances when determining if the green card job and the new job are the same or similar. Specifically, 2016 memo describes how Immigration Officers can review the occupation codes assigned to both jobs by the Department of Labor when determining if the two jobs are the same or similar.

    Evidence that the positions are the same or similar can include:


    • · The job duties of both positions;
    • · The skills, expertise, education, training, licenses or certifications specifically required to perform each job;
    • · The wages offered for each job; and
    • · Any other material and credible evidence relevant to the determination.


    Green card applicants can also port their I-485s when, in their new position, they are primarily responsible for managing the same or similar function of their original job. For example, if a PT is promoted to Senior PT and supervises other PTs and PTAs. It is also acceptable for the applicant to manage workers in a different occupation if the change in position is a normal career progression. For instance, if an OT is promoted to Rehab Manager, the OT may be supervising other OTs as well as OTAs, PTs, PTAs, SLPs, and others.



    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. VISA BULLETIN PROJECTIONS FOR THE REST OF 2017

    by , 07-20-2017 at 02:09 PM (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 projections for EB2 and EB3, which are the most popular categories for readers of this Blog. Here are some of this month’s highlights, along with our analysis:

    EB-2 Worldwide. Although there may be a retrogression in September, the Worldwide EB-2 should return to current in October and remain there for the rest of this calendar year.

    EB-2 India. This category is expected to use the full allotment of visas in September, which may result in the category becoming temporarily unavailable. It should have a July 2008 date in October 2017.

    EB-3 Worldwide. This category will remain current or close to current for the foreseeable future.

    EB-3 India. This category will advance several months in September 2017. However, because of expected demand in FY 2018 for EB-3 Worldwide, we will not see fast progress after October 2017. India EB-3 benefited in FY 2017 because demand for Worldwide EB-3 was light, resulting in Worldwide EB-3 numbers spilling into India EB-3.

    EB-3 Philippines. In FY 2018, we will not see this category move nearly as fast as it did in FY 2017. We will have a better idea of where Phils EB-3 is headed with the publication of the October 2017 Visa Bulletin, which is the first of FY 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 and follow us on Twitter or LinknedIn




    0 Comments
  3. AUGUST 2017 VISA BULLETIN: ANALYSIS

    by , 07-12-2017 at 04:59 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

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


    NOTE: Please be sure to read our Post, "What does the August Visa Bulletin Mean?"

    August 2017 Visa Bulletin

    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
    EL SALVADOR
    GUATEMALA
    HONDURAS
    INDIA MEXICO PHILIPPINES
    1st C 01JAN12 C 01JAN12 C C
    2nd 01APR15 22APR13 01APR15 22JUL08 01APR15 01APR15
    3rd C 01JAN12 C 15JUL06 C 01JUN15



    MU Law Analysis



    All Other: The EB-2 has been current for many years. The slight retrogression is temporary and will revert back to Current in October 2017. The EB-3 progression has long been effectively current, and is, in fact, current in August.


    China (mainland-born): The DOS instituted a retrogression for China EB-1 with the June Visa Bulletin, which remains. The continued high level of demand for EB-1 numbers for USCIS adjustment of status applicants has required the establishment of a date for June. It is expected that this EB-1 retrogression will last until October 2017.


    The China EB-2 date again moved up, by one month. The DOS notes that there has been an extremely large increase in EB-3s during the past month. The China EB-3 date remains at January 2012, which is where it was in July. It is now slower than China EB-2.

    India: As with China, India EB-1 now is retrogressed. It is expected that this EB-1 retrogression will last until October 2017.

    EB-2 India held steady. EB-3 India jumped into 2006, last month, which was a pleasant surprise. It moved up again, this time into mid-2006. The DOS is clearly trying to ensure that all visa numbers are used in FY2016.



    Mexico: Mirrors All Other in all aspects.


    Philippines: EB-3 moved ahead one full year! This is the second straight one year progression. The Philippine EB-3 number essentially cleaned out all of the 2010, 2011, 2012, 2013, 2014 and half of 2015 EB-3 visas in less than one year. This is even more positive than we expected.

    Our internal metrics see the Philippine EB-3 number continuing to progress at a rapid clip for the rest of 2017.


    The retrogression of the EB-2 (Phils) number is nothing to be concerned about. It will return to Current in October 2017. Note that all EB-2s retrogressed, which reflects heavier demand than usual in the entirety of the EB-2 category.


    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 or LinknedIn
  4. MU LAW IS NOW ON LINKED IN

    by , 07-11-2017 at 01:00 PM (Chris Musillo on Nurse and Allied Health Immigration)
    MU Law has a vibrant social media presence, which now includes Linked In.

    If you are on Linked In, please take a moment a follow MU Law on Linked In. We will be cross-posting articles and items of interest.

    We also have 1000+ followers on Facebook. Are you one of our followers? If not, please follow us there too!

    MU Law on Facebook

    MU Law on Linked In
  5. VISA BULLETIN UPDATE: PHILS EB-3 SHOULD ADVANCE INTO 2015

    by , 06-21-2017 at 08:10 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:

    Philippine EB-3: Charlie expects to aggressively move this category into mid/late 2015 before the end of the fiscal year (September 30, 2017). MU Law believes that the category will continue to be positive, although we do not expect that the significant progression will continue once the Visa Bulletin after the fiscal year, because demand for Philippine EB-3 was heavy in 2016. Having said that, we do expect continued steady movement forward.

    Worldwide EB-3: This category should continue to be effectively current, with a retrogression of only a few weeks/months.

    India EB-2: Charlie expects minimal movement forward. Charlie claims that 40 percent of the India EB-2 demand is from India EB-3 upgrades.

    India EB-3. This number will be aggressive advanced because Worldwide EB-3 demand has slowed. As a matter of process, unused Worldwide EB-3 numbers spill into the slowest EB-3 category (India).

    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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