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  1. 172,500 H-1b cap cases; A challenge to Boehner !

    Today, the USCIS announced that they received approximately 172,500 H-1b cap petitions. The lottery was completed today and 85,000 lucky petitions were selected for further processing. The remaining 87,500 rejected petitions will be returned. We expect to start receiving receipts and rejections in the next week. Premium processing of cases is expected to start no later than April 28th. Earlier this week, President Obama made a speech declaring how important it is for U.S. economic growth to keep the best and the brightest in the U.S. and to encourage entrepreneurship. With today's announcement that over 50% of the best and brightest, as selected by U.S. employers, are being rejected for jobs in the U.S., it may provide the impetus for House Speaker Boehner and the Republicans in the House to stop holding CIR hostage and give appropriate consideration to the Senate bill which was passed in the summer of 2013 with wide bi-partisan support but, has not even been considered in the House. This post by Mike Hammond originally appeared on the HLG Views blog http://www.hammondlawgroup.com/blog/
  2. Pelosi Accuses GOP of Blocking Immigration Reform Because of Race. By Roger Algase

    Update, April 11, 3:30 pm:

    Andrianna Huffington, President and Editor-in-Chief of the Huffington Poat, is also blasting away at Obama's deportation policy:

    The Huffpost reports her as telling Fusion host Mariana Atencio:

    "I feel that when it comes to deportations it's been very inhumane...I feel this is very un-American and if it had been done by a Republican we would have been much more up in arms."

    Which is worse? Republicans blocking immigration reform because of anti-minority racism, or the Obama administration deporting the same minority immigrants at the fastest rate in history in order to accommodate Republican racism?

    To the two million people whose lives have been destroyed by Obama's deportations, it does not make much difference.

    My initial post follows:

    In a late breaking news story, POLITICO reports that House Minority Leader Nancy Pelosi (D-California) is accusing the Republicans of not bringing immigration reform up for a vote in the House because of racial issues.

    In its April 10 story: Nancy Pelosi: Republicans won't push immigration because of race, POLITICO quotes her as saying:

    "I think race has something to do with the fact that they are not bringing up an immigration bill."

    House speaker John Boehner's response was the same old tired argument that a president who has deported 2 million people since he took office cannot be trusted "to enforce the law as written."

    I have two questions:

    1) What took Nancy Pelosi so long to say what has been obvious ever since last June, if not long before, and which i have been contending countless times in this space?

    2) Where is President Obama's leadership in the biggest racial issue facing America since the civil rights era 50 years ago?

    How can America's first non-white president keep going ahead with the deportations of 400,000 brown people each year? How can any president do this in good conscience?

    What kind of place in our history does Barack Obama wish to create for himself?









    Updated 04-11-2014 at 02:48 PM by ImmigrationLawBlogs

  3. MAY 2014 VISA BULLETIN

    by , 04-10-2014 at 09:09 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo

    The Department of State has just released the March 2014 Visa Bulletin. This is the sixth Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.

    The biggest news is that the Philippine EB-3 number has surged ahead to November 2007, a promotion of almost six months. Other than that the Visa Bulletin dates remained approximately where they were in the April 2014 Visa Bulletin.

    The Chinese EB-2 and EB-3 continued to be flipped: the Chinese EB-2 is worse than the Chinese EB-3. Chinese nationals who are EB-2 may be able to file an EB-3. Chinese EB-3s should check with their attorneys to effect this change.The Chinese EB-3 mirrors the All Other EB-3.



    Employment- Based All Chargeability Areas Except Those Listed China - mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 15APR09 15NOV04 C C
    3rd 01OCT12 01OCT12 01OCT03 01OCT12 01NOV07


    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
  4. Cargill to Outsource IT Jobs to India

    The StarTribue recently reported that Cargill, a giant in the agribusiness world, has announced that it will outsource a portion of its information technology services to India. This will affect 900 jobs worldwide, including 300 in the Twin Cities. These jobs will be outsourced to Tata Consultancy Services, a large IT outsourcing firm in Mumbai, India. Some of the affected employees may be offered new positions at Cargill, others may be offered positions at Tata, and the remainder will be laid-off. With three percent unemployment in the information technology industry, we don’t blame Cargill for outsourcing these jobs to India when our outdated immigration laws prevent companies from employing specialized workers here in the U.S., especially when the H-1b cap is reached in just five days. We encourage our readers to contact their Congressional representatives to urge that new immigration laws are passed. This post originally appeared on HLG's Views Blog by Cadence Moore. http://www.hammondlawgroup.com/blog/.
  5. CERTAIN H-4s WILL GET WORK AUTHORIZATION -- WILL IT INCLUDE H-4s OF HEALTHCARE WORKER

    by , 04-09-2014 at 08:55 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The White House yesterday has announced a series of notable improvements to the nation’s business immigration scheme. The main one of interest to readers of this blog will be that certain H-4 visa holders will be authorized to receive employment authorization cards (EAD cards). These EAD cards will allow these H-4 workers to work at any US employer for the duration of the validity of the card. The period of validity is expected to mirror the H-1 primary Beneficiary’s period of validity.

    However the press release limits the work authorization to “spouses of certain high-skill workers on H-1B visas.” The press release does not define “high-skill workers” and so it is unclear if the White House means STEM workers, all H-1B workers, or some other definition.

    A 2012 U.S. Department of Homeland Security - Retrospective Review of Existing Regulations – Progress Report sought to extend employment authorization to H-4 dependent spouses of H-1B nonimmigrants “who have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission or "stay" in the United States under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21).” MU Law first noted this Report in December 2012.

    That language appeared to limit H-4 EAD authorization only to spouses of H-1Bs who were stuck in their H-1B beyond six years because of retrogression. It remains to be seen what the White House means by this latest press release. Nonetheless yesterday’s announcement clearly is a step in a positive direction.

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
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