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Chris Musillo on Nurse and Allied Health Immigration



    by , 09-25-2017 at 05:42 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    The United States Department of State (US DOS) recently released a policy change to its Foreign Affairs Manual (FAM). Going forward, any visa holder who engages in conduct inconsistent with the terms of his/her visa within 90 days of entrance to the US is presumed to have willfully misrepresented him or herself to the Consular Officer at the visa application interview and/or to the Border Officer when entering the US.

    Conduct that violates or is inconsistent with status,
    may include:

    • Engaging in unauthorized employment
    • Enrolling in a course of study if study was not authorized for that classification (e.g. Entering the US in B1/B2 status and taking classes before 90 days)
    • Marrying a US Citizen or lawful permanent resident (green card holder) and taking up residence in the US.

    Non-immigrant intent is required for most visas -- with a noted exception for those holding H-1B and L-1 status. Individuals entering the US on other types of visas, for example an F-1 student visa, a TN or E work visa, or a B-1/B-2 tourist visa, must have the intent to return to their home country at the end of their authorized period of stay in the US.

    Other than H-1B and L-1 visa holders, Individuals entering on a visa should wait at least 90 days after entrance to the US before taking any steps toward a green card application.

    The previous US DOS policy indicated actions inconsistent with status taken within 30 days of entry were presumed fraudulent and actions inconsistent with status taken between the 31st and 60th day after entry were presumed fraudulent, but the presumption could be overcome.

    We recommend that you consult with your MU attorney before making any international travel plans, no matter your status.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn.

    by , 09-20-2017 at 10:16 AM (Chris Musillo on Nurse and Allied Health Immigration)
    Maria Schneider, MUís Senior Associate, recently authored an article for the Alabama Association of Realtors Newsletter.

    Schneiderís article focused on immigration updates under the Trump Administration pertinent to those buying and investing in real estate. The article outlined recent legislative proposals and executive actions, and how these would affect real estate brokers, agents, buyers, and sellers. Schneider closed the article by outlining visa options available for investors in the United States.

    The Alabama Association of Realtors is the largest statewide organization of real estate professionals in Alabama. Members of the Association work as real estate professionals in the sale, lease, appraisal, and development of residential, rural, and resort properties throughout the state of Alabama. The Association is the official voice and advocate of Alabamaís multi-faceted real estate industry and provides members continuing education, public policy advocacy, annual meetings and conferences, as well as several other services.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn.

    by , 09-19-2017 at 10:10 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    USCIS has resumed Premium Processing Service (PPS) for H-1B cap-subject petitions. Presently, H-1B cap-subject petitions, H-1Bs for cap-exempt employers (e.g. research entities and universities), and H-1Bs for doctors are the only H-1B petitions that may use PPS. H-1B transfers, amendments, and extensions currently are prohibited from PPS.

    USCISí press release said that it ďplans to resume premium processing for all other remaining H‑1B petitions (i.e. H-1B transfers, amendments, and extensions) not subject to the FY 2018 cap, as agency workloads permit.Ē The press release did not commit to a time frame for the resumption of PPS for these types of H-1B petitions. However, in a June 2017 AILA Q & A, USCIS HQ indicated that it ďanticipatesĒ resuming H-1B PPS processing on or before October 4. This comment did not delineate between H-1B cap petitions and other types of H-1B petitions, such as transfers, amendments, and extensions.

    The USCIS may have decided to prioritize H-1B cap-subject petitions in order to allow some F-1/OPT students to continue to work without work authorization beyond October 1. Certain F-1/OPT studentsí will lose work authorizing on October 1 if their H-1B cap-subject petition is not approved before October 1. Please check with your MU attorney or staff member if you have questions.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn.

    Updated 09-20-2017 at 10:16 AM by CMusillo


    by , 09-12-2017 at 02:25 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the October 2017 Visa Bulletin. This is the first Visa Bulletin of Fiscal Year 2018. This blog post analyzes this month's Visa Bulletin. The DOS has added some predication on future date movement. We have encompassed those thoughts within our category comments.

    October 2017 Visa Bulletin

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

    EB-1 C 01JAN12 C C C
    EB-2 C 22MAY13 15SEP08 C C
    EB-3 C 01JAN14 15OCT06 C 01DEC15

    MU Law Analysis

    All Other: The EB-2 has been current for many years. The EB-3 progression has long been effectively current, and is expected to remain current for the foreseeable future.

    China (mainland-born): The China EB-3 has again progressed faster than Chinese EB-2. The DOS expects that EB-3 will progress at about 4 months per Visa Bulletin, while EB-2 will only progress one month per Visa Bulletin.

    India: The India progressions are steady, albeit slow. EB-2 should progress one month per Visa Bulletin. EB-3's progression will be "limited," in the words of the DOS. MU suspects that EB-3 may finally breakout once the EB-3 date moves past the Visa Gate date of August 2007.

    Mexico: Mirrors All Other in all aspects.

    Philippines: The Philippine EB-3 number essentially cleaned out all of the 2010 through 2015 EB-3 visas in FY2017. Unfortunately the progressions will be considerable slower in FY2018, probably progressing 1-2 months per Visa Bulletin. The demand for Philippines EB-3 numbers increased dramatically in 2016-17. This increased demand will be the cause for the slower progressions in the FY2018.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn.

    Updated 09-12-2017 at 02:32 PM by CMusillo


    by , 08-28-2017 at 10:47 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The USCIS on Friday announced that all employment-based Adjustment of Status applicants (Form I-485) will now be subject to an in-person interview before the USCIS approves the green card. Politico first reported the story.

    This is a colossal waste of everyone’s time and money. It shows this Presidential administration’s complete disregard for government efficiency when they have the option to pander to their base. The USCIS is using “extreme vetting” as the rationale for this new in-person interview requirement. In reality of course, his administration is anti-immigrant and uses any excuse it can muster to inconvenience and harass contributing immigrants.

    How stupid is this policy change? Employment-based I-485 applicants will have already been in the United States for years before this useless interview. For instance, most Indian-born nationals average 10-15 years of US status before they are eligible to receive the green card. Any damage that they wished upon the US would surely have happened in the 10-15 years before that interview. Terrorists, as a class, are not the type of people who work at a gainful job for years, diligently file countless immigration papers, and have no criminal record, all of which is required before any such interview would happen.

    The USCIS knows this, which is why they long-ago waived the interview requirement for employment-based immigrants. Back then, USCIS recognized that in a government of scarce resources, its scarce resources could much better be used to find real threats to US. This policy change reveals just how tone deaf the President is as to who actually contributes to the richness of American life.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn.

    Updated 09-12-2017 at 02:28 PM by CMusillo

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