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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 predictions about EB2 and EB3 in most of the popular categories for readers of this Blog. Here are some of this monthís highlights:
Philippine EB-3 Ė As with last month, Charlie again offered his most optimistic predictions for this category. He said that he expects predicts future advancement at a pace of ďup to six months.Ē He expects that the Philippine EB-3 date should quickly move through 2012 and 2013, and quickly move into 2014. This is consistent with internal MU Law analysis, which sees this category progressing at least into 2013 by the summer of 2017.
India EB-2 Ė Charlie hopes that the India EB-2 category can progress at a pace of ďup to one month.Ē He cautions that an increase in EB-3 upgrades could slow the progression of India EB-2.
India EB-3 Ė There was no specific comment by Charlie. Mu Law expects that India EB-3 will progress at about the same 1-2 week rate as it has in prior months. The India EB-3 date may stall/stop in the summer of 2017, as the full allotment of numbers gets used. It will then recommence in October. This is normal. It happens every year. Read our FAQ on why the Visa Bulletin progression stops in August and September.
Worldwide EB-2 and EB-3 Ė EB-2 will remain current for the foreseeable future. Worldwide EB-3 will continue to move ahead steadily and be effectively current.
China EB-2 and EB-3 Ė These categories are the most difficult to predict because of the upgrade/downgrade phenomenon of EB-2 and EB-3. At present China EB-3 is 15 months ahead of EB-2.
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.
Lost in all of the Trump deportation hysteria is the fact that on February 20, 2017, a memorandum was issued by Department of Homeland Security Secretary John Kelly that specifically reinforces protections previously issued in favor of individuals benefiting from Deferred Action for Childhood Arrivals (DACA), as well as parents of United States citizens or lawful permanent residents (DAPA) by protecting them from deportation.
From the memorandum:
With the exception of the June 15, 2012, memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children," and the November 20, 2014 memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents," all existing conflicting directives, memoranda, or field guidance regarding the enforcement of our immigration laws and priorities for removal are hereby immediately rescinded- to the extent of the conflict-including, but not limited to, the November 20, 2014, memoranda entitled "Policies for the Apprehension, Detention and Removal of Undocumented Immigrants," and "Secure Communities."
It should be noted that the November 20, 2014 memorandum was enjoined by a U.S. District Court Judge.
What this means is that Trump has not revoked DACA, those who have it may continue to benefit from work authorization, and President Trump has extended protections from deportations to people with citizen or green card holding children and they should also not be at risk of being deported.
I can also attest to the fact that government lawyers have acknowledged in open court that their new directive from Headquarters relating to individuals with DACA, or that are DACA eligible is to agree to continuances as the individuals are not a priority for deportation.
There is always a silver lining.
Updated 02-22-2017 at 09:17 AM by MKolken
By Bruce Buchanan, Sebelist Buchanan Law
After pleading guilty to fraud in relation to H-1B visas, New York immigration lawyer Loreto Kudera, and his wife, Hazel Kudera, the owner of several medical staffing agencies, were sentenced to two years probation and fined $25,000 each. Previously, they had forfeited $1 million.
Hazel Kudera owned multiple staffing agencies in New York that specialized in providing nurses to hospitals, outpatient and skilled nursing facilities. According to the government, Hazel and Loreto Kudera submitted at least 100 fraudulent applications to authorities, and profited from filing fees collected from the nurses and from the health care facilities that paid Hazel Kuderaís staffing agencies.
Hazel and Loreto Kudera falsely stated that the foreign nurses would be working in specialty occupations at prevailing wage rates when in actuality they were going to work as licensed practical nurses (LPNs) or registered nurses (RNs) at much lower rates of pay.
As part of the alleged scam, Hazel Kudera falsified a staffing agreement between NYC Healthcare Staffing and Dewitt Rehabilitation listing job positions that did not exist, such as clinical coordinator and health care quality assurance manager, in order to cover up the false job titles she provided to USICS.
According to the UNHCR, the UN Refugee Agency, the United States has an exceptional history of welcoming refugees.
Since 1975, it has welcomed more than three million refugees for resettlement from all over the world. Nevertheless, despite the efforts of the United States and 29 other countries that accept refugees for resettlement, less than one percent of the worldís 21.3 million refugees are resettled.
The United States conducts its own vetting process to decide which refugees it will accept, and this is in addition to the screening UNHCR does on the refugees. The entire process is conducted abroad. It can take up to two years to complete, but the processing time has been severely reduced on at least one occasion.
The United States reduced the processing time to three months last year to meet President Barack Obamaís goal of resettling 10,000 Syrian refugees here by September 30.
And the value of security screening depends on the availability of information from a refugeeís country.
The threat of terrorism has caused many people to become suspicious of the refugees. In the minds of many Europeans, for instance, the current refugee crisis and the terrorism in the European Union are very much related to one another.
Read more at --
Published initially on The Hill.
About the author
Nolan Rappaport was detailed to the House Judiciary Committee as an Executive Branch Immigration Law Expert for three years; he subsequently served as the immigration counsel for the Subcommittee on Immigration, Border Security, and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years. He also has been a policy advisor for the DHS Office of Information Sharing and Collaboration under a contract with TKC Communications, and he has been in private practice as an immigration lawyer at Steptoe & Johnson.
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