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Chris Musillo on Nurse and Allied Health Immigration

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  1. 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.
  2. 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.
  3. 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

  4. 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.
  5. DOS NOW REQUIRES 90 DAYS BEFORE CHANGING OR ADJUSTING STATUS

    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 www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn.
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