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  1. JULY 2018 VISA BULLETIN: LATEST UPDATE AND ANALYSIS

    by , 06-18-2018 at 03:42 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

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

    July 2018 Visa Bulletin


    Table A: 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
    01JAN12
    01JAN12
    C
    C
    EB-2
    C
    01JAN15
    01MAR09
    C
    C
    EB-3
    C
    01JAN13
    01NOV08
    C

    01JAN17

    Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.


    EB


    Class
    All Other
    CHINA
    INDIA
    MEXICO
    PHIL'PNES
    EB-1
    C
    C
    01JAN12
    C
    C
    EB-2
    C
    01APR15
    22MAY09
    C
    C
    EB-3
    C
    01JAN16
    01MAY09
    C

    01JUL17


    MU Law Analysis (all references are to Table A unless noted)


    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): As often happens as we get closer to the end of the fiscal year, each categories moves with a higher variance than is usual. We expect that China EB-1 and EB-3 are essentially fully used, which means that there will be no numbers until after October 1, 2018. On the other hand, the China EB-2 number progressed about 6 months, reflecting than "downgrade" demand that has occurred in the last several years.

    India: As with China, the retrogression of India EB-1 probably means that there will not be a forward progression until after October 1, 2018. EB-2 and EB-3 continued their steady progress. Rumors are flying around the internet about a massive progression of EB-3. We expect steady progressions for Indian EB-3, reflecting lower demand for these visas in 2008-09.

    Mexico: Mirrors All Other in analysis.

    Philippines: Phils EB-3 stayed the same. As with China EB-1 and EB-3, and India EB-1, this probably means no forward progression until October 1, 2018, when the new fiscal year begins. There is a minimal chance of a small progression in the next few months.

    _____________
    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 06-18-2018 at 04:10 PM by CMusillo

  2. Letters of the Week: June 18 - June 22

  3. Honduran nationals sentenced for wire fraud, illegally employing workers

    By: Bruce Buchanan, Sebelist Buchanan Law



    Two unlawfully present Honduran nationals, Anyi Artica-Romero and Milton Noel Romero were sentenced to 18 months in federal prison and 14 months (time served), respectively, for conspiracy to commit wire fraud for their roles in a scheme that created shell companies to mask the unauthorized employment of workers in the construction industry. Additionally, the defendants were also ordered to forfeit more than $800,000 in illegal proceeds from the scheme and pay more than $31,000 in restitution.

    According to court documents, the defendants facilitated the illegal employment of unlawfully present foreign nationals in the construction industry. Construction contractors and subcontractors entered into agreements with shell companies controlled by the defendants to provide workers, most of whom were undocumented aliens, for the contractors and subcontractors. By obtaining and paying the workers through the shell companies, the contractors and subcontractors could disclaim responsibility for ensuring the workers were legally authorized to work in the U.S., state and federal payroll taxes were paid and workers compensation insurance was provided.

    After creating the shell companies, the defendants applied for workers compensation insurance policies covering a period from September 2015 through July 2017. The defendants represented in the applications that the policies would cover up to 19 employees with estimated annual payrolls of no more than $410,800. The insurance companies issued policies based on this fraudulent information in the applications, which the defendants then “rented” to numerous construction contractors and subcontractors employing hundreds of workers with more than $20 million in annual payroll as purported proof of workers compensation insurance required under Florida law.

    The contractors and subcontractors wrote payroll checks to the shell companies for work performed by the workers. The defendants cashed the checks and distributed the cash to construction crew leaders, who then paid the workers in cash. No state or federal payroll taxes were deducted from the workers’ pay, in violation of Florida and federal law.

    The defendants kept approximately four percent of each payroll check as a “rental” fee. During the period of the scheme, they cashed more than $20 million in payroll checks, with the four percent fee totaling more than $800,000 in illegal proceeds.
  4. Melania Trump, Laura Bush Join Officials, Clergy in Condemning Family Separation. Could Trump's Terror Against Children Lead to Fascism? Roger Algase

    The following has been revised and updated as of June 18 at 11:02 am:

    Writer and commentator Michelle Goldberg, writing in the New York Times on June 11, warns that the inhumanity of Donald Trump's family separation policies, which are meant to terrify non-white immigrants from Central America out of exercising their legal right to apply for asylum by showing up at the US border under a 2008 statute, are more than just horrifying cruel immigration policies, which began with the Obama administration, and which, in one form or another, have been part of US treatment of various immigrant minorities since the time of the Chinese exclusion laws.

    More than that, when used by a president who has shown pronounced authoritarian tendencies from the start of his campaign and throughout his term in office so far; who recently lavished praise on the world's most brutal dictator, Kim Kong Un, and who joked (?) that he would like to see Americans sit up at attention when he speaks the way North Koreans are forced to do when their perpetrator of horrific crimes against humanity does, Donald Trump's use of state terror against (to date) 2,000 innocent immigrant children, is more than just an outrage used to deter immigration by people who are not from "Countries like Norway", to quote Trump's notorious January 11 statement at a White House meeting.

    It could be the prelude to fascist rule in America. Indeed, according to Goldberg, in this instance, fascism is already alive and well in America's immigration system. How much longer will be before it spreads to the rest of American government and society as well?

    Goldberg writes in her article:

    First They Came for the Migrants:

    https://www.nytimes.com/2018/06/11/o...eparation.html

    We still talk about fascism as a looming threat, something that could happen if we're not vigilant. But for undocumented immigrants, it's already here."

    She also writes:

    "The human consequences [of separating children from their parents] have been horrific...The Washington Post reported that Marco Antonio Munoz. a 30-year old who is also from Honduras, killed himself in a padded cell after his 3-year old was wrenched from his arms...

    ...Pramila Jayapal, a Democratic congresswoman from Washington State, recently met with migrant women being held in a federal prison, many of whom, she said, were forcibly separated from children as young as 1. Some had their kids physically torn from them. Others were told they had to go have their photograph taken; when they returned, their children were gone.

    In some cases, Jayapal said, the women could hear their kids screaming in the next room.'Many of them were told by Border Patrol that they would never see their children again,' she told me."

    To be sure, Donald Trump's detention facilities for immigrants, and their children, who happen to have the "wrong" skin color do not come complete with gas chambers and ovens, and Trump's mass exclusion and expulsion immigration agenda is light years away from Hitler's genocide.

    But we have to ask ourselves in good conscience: which place does tearing screaming young children away from their parents and telling the parents that they will never see their children again resemble more - America or Auschwitz, which a former CIA head has compared Trump's family separation agenda to (see below)?

    Everyone who is concerned about where Trump's demonization of Latin American, Muslim, African, Asian and other non-white immigrants, legal and undocumented, and his attempts to make our immigration system as white as it was under the 1924 immigration act which AG Jeff Sessions, (who is now overseeing the persecution of Central American immigrants at the border), praised so highly as a Senator only three years ago, are leading America, should read Goldberg's article in full.

    Meanwhile, Melania Trump is no longer the only first Lady who has spoken out in horror against Donald Trump's child separation policy. Late on June 17, Laura Bush published a Washington Post oped denouncing this action as "cruel" and "immoral" She also compared it to the interment of Japanese-Americans during WW2.

    http://thehill.com/blogs/blog-briefi...icy-as-immoral

    The Guardian also reports that the Border Patrol agency is now actually holding detained immigrants children in cages! including both children who have been separated and those being held together with their families.

    https://www.theguardian.com/us-news/...lding-facility

    The storm of outrage and anger over Trump's barbaric family separation policy at the US border as a means of state terror and vindictiveness against Central American families who try to pursue their legal right to apply for asylum at the US border continues to grow.

    General Michael Hayden, a former CIA chief, has compared Trump's child separation policy to what the Nazis did at Auschwitz.

    http://www.dailymail.co.uk/news/arti...i-Germany.html

    Admittedly this comparison may be somewhat extreme, because Trump obviously does not even remotely contemplate instituting gas chambers or mass murder.

    But Trump's child separation policy involves the same kind of dehumanization of a targeted population that, in the case of the Nazis, ultimately led to the horrors of the concentration camps and death camps.

    Nor is it an accident that Trump not only pardoned, but has consistently praised and endorsed former Arizona sheriff Joe Arpaio, who has bragged about holding Latino immigrants in concentration camp like conditions.

    A comparison of Trump's hideously brutal and sadistic child separation policy to Auschwitz certainly goes too far, but it contains at least a germ of truth. Even that one germ of truth should be saddening, and frightening, for all Americans.

    Trump and Jeff Sessions, his chief accomplice in instituting this inhuman policy of deliberately causing as much mental torment as possible to the asylum-seeking parents and their terrified, in some cases still infant children, are attempting to defend the policy by claiming that they are just following the law.

    Not so, says ABA President Hilarie Bass in a May 30 statement, which includes the following:

    "Separating children from their parents not only violates due process, it is antithetical to the very human values on which this country was founded and sets a terrible example for the rest of the world. It should be stopped immediately."

    https://www.americanbar.org/news/aba...f_hilarie.html

    And amid the growing anger and condemnation coming from America's religious leaders across a wide range of faiths, the following joint statement by the Revs. William J. Barber II, a North Carolina pastor and Liz Theoharis, a Presbyterian minister from New York, stands out. Referring to Sessions' use of a Bible quote to try to defend his policy, they said:

    "...any politician who supports his position is an accessory to these crimes against children and humanity."

    http://www.latimes.com/nation/la-na-...615-story.html

    But arguably the most damning criticism of all of Trump's inhumanity, even though, for obvious reasons, it was couched in gentler language than the above, came from Trump's own wife Melania Trump.

    This is her statement, as reported on June 17:

    "Mrs. Trump hates to see children separated from their families...She believes we need to be a country that follows all laws, but also a country that governs with heart."

    https://www.cnn.com/2018/06/17/polit...ion/index.html

    Though the above is politely phrased, it is obvious that America's First Lady is here accusing her own husband, the president of the United States, of pursuing a heartless policy. Has anything like this ever happened before in American history?

    However, in one very fundamental respect, the deliberate cruelty that Trump is showing toward children whose ethnicity and skin color does not fit in with his own vision of what America should look like is far from being new in this country's history. I will have more to say about this in my next comment on this topic.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 06-18-2018 at 01:25 PM by ImmigrationLawBlogs

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