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Chris Musillo on Nurse and Allied Health Immigration

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  1. NOVEMBER 2017 VISA BULLETIN: ANALYSIS AND PREDICTIONS

    by , 10-12-2017 at 10:15 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the November 2017 Visa Bulletin. This is the second Visa Bulletin of Fiscal Year 2018. This blog post analyzes this month's Visa Bulletin.

    November 2017 Visa Bulletin

    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 C C C C
    EB-2 C 15JUN13 08OCT08 C C
    EB-3 C 01FEB14 15OCT06 C 15JAN16


    MU Law Analysis

    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): China EB-1 reverted to Current. Our sense is that it will stay Current for much of the fiscal year. Both China EB-2 and EB-3 progressed one month. The China EB-3 remains more favorable than Chinese EB-2. The odd situation of China EB-3 progressing faster than China EB-2 will remain to be the case for the foreseeable future.

    India: India EB-2 progressed about one month, which is what we except the monthly progressions will be in FY 2018. Unfortunately, India EB-3 did not move. A few weeks ago, the DOS said that EB-3's progression will be "limited." MU suspects that EB-3 will not progress at any notable rate until at least the India EB-3 date moves past the Visa Gate date of August 2007.

    Mexico: Mirrors All Other in analysis.

    Philippines: The Philippine EB-3 number essentially cleaned out all of the 2010 through 2015 EB-3 visas in FY2017. The demand for Philippines EB-3 numbers increased dramatically in 2016-17. This increased demand will be the cause for slower progressions in the FY2018, probably progressing 1-2 months per 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, Twitter and LinknedIn.
  2. NEW STREAMLINED PROCESS TO OBTAIN SIMULTANEOUS EAD AND SSN

    by , 10-05-2017 at 02:20 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    Effective October 1, 2017, the US Citizenship and Immigration Service (USCIS) and the Social Security Administration (SSA) have instituted a new information-sharing partnership allowing foreign nationals to apply for an EAD (Employment Authorization Document) and a SSN (Social Security Number) at one time and on one form.

    This should be helpful for those lawfully in the US and who are eligible for work authorization via an EAD, but who have previously not had social security numbers. H-4/EAD, L-1/EADs, and spouses and children applying for I-485/EADs are some examples of people who will benefit from this new process.

    EADs are documentation of the individualís work authorization and can be shown to employers to satisfy the I-9 and e-verify tests. EADs permit the foreign national to work for a finite period of time, listed on the EAD card. SSNs are used to report wages to the government and to determine the individualís eligibility for certain government benefits.

    Under the previous system, foreign nationals had to first obtain an EAD and then go to their local SSA Office and apply for an SSN separately. The revised EAD Application (Form I-765) allows applicants to apply for an SSN or a replacement SSN card without visiting the SSA Office. The USCIS will now transmit the SSN data to the SSA for processing. Applicants will receive their EAD from the USCIS and their SSN card from the SSA within two weeks.


    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. USCIS WILL RESUME PPS FOR ALL H-1B PETITIONS ON OCTOBER 3

    by , 09-28-2017 at 10:34 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    AILA is reporting that USCIS will resume Premium Processing Service (PPS) for H-1B petitions, effective October 3. Accordingly, PPS will again be allowed for H-1B transfers, amendments, and extensions.

    USCIS previously restarted PPS for H-1B cap-subject petitions on September 18. Earlier this summer, USCIS resumed PPS for H-1Bs for cap-exempt employers (e.g. research entities and universities), and H-1Bs for doctors.

    USCIS allows an upgrade for previously filed a petition. If you have filed an H-1B petition and would like your petitioned upgraded to PPS, please contact your MU attorney or staff member.


    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. PRESIDENT TRUMPíS NEWEST TRAVEL BAN

    by , 09-27-2017 at 10:13 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    On Sunday, September 24, 2017, President Trump made a Presidential Proclamation regarding enhanced vetting for visa applicants from certain countries. The Proclamation has been called the “Travel Ban 3.0” by reporters and commentators. The Proclamation will go into effect on October 18, 2017 at 12:01 AM ET.

    The Proclamation puts restrictions on the issuance of visas to nationals of certain countries until those countries meet the US government’s requirements for information sharing about visa applicants. No visas will be revoked under the Proclamation. The affected countries and visa types are:


    • No B1/B2 tourist visas will be issued to nationals of:
      • Yemen
      • Chad
      • Libya



    • B1/B2 tourist visas will not be issued Venezuelan government officials and their family members.



    • No visas will be issued to nationals of Iran, with the exception of F, M, and J visas which will only be issued after extra scrutiny.



    • No immigrant visas (green cards) will be issued to individuals from Somalia. Non-immigrant visas (i.e. F, J, H-1B, L-1) will be issued, but only with extra vetting.



    • Lastly, no visas, of any type, will be issued to nationals from Syria or North Korea.


    In response to the President’s Proclamation, the Supreme Court cancelled the oral argument on the earlier version of the travel ban, scheduled for October 10, 2017. The Supreme Court asked the attorneys in the case to submit briefs as to whether the travel ban issue is now moot. When a policy expires and a new policy is put in place, the challenge to the old policy can be “moot” meaning it is no longer debatable because the old policy has expired.

    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.

    Updated 09-27-2017 at 10:16 AM by CMusillo

  5. VISA BULLETIN ANALYSIS, PREDICTIONS THROUGH 2017

    by , 09-26-2017 at 10:31 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of Stateís Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration Lawyers Association. Charlie Oppenheim is the Department of Stateís Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month.


    This monthís 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 monthís highlights, along with our analysis:

    EB-2 and EB-3 Worldwide. These categories will remain current for the foreseeable future.

    EB-2 India. This category is expected to progress one month at a time. It should move into 2009 sometime in early 2018.

    EB-3 India. This category will snot progress in November because of heavy demand at the end of the last fiscal year. It may slowly progress in December.

    EB-3 Philippines. In FY 2018, we will not see this category move nearly as fast as it did in FY 2017. Phils EB-3 is expected to progress 1-2 months per Visa Bulletin in the future.

    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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