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  1. March Visa Bulletin: Time For Congress To End The 7% Per-Country Limitation


    The State Department released the March 2018 Visa Bulletin today. As Congress is currently debating immigration policy, this would be a perfect time for Congress to end the outmoded and unfair 7% per-country limitation.


    Employment-Based Categories

    The worldwide employment-based categories all remain current.

    There is considerable movement for persons born in mainland China. The EB-2 category advances by 4 months while EB-3 for professionals and skilled workers moves ahead by 7 months. EB-3 for unskilled workers advances by over 2 months while EB-5 for investors remains frozen.


    The gains are more modest for persons born in India. The EB-2 category advances by 3 weeks while EB-3 moves ahead by 2 months.

    Philippines EB-3 adva
    nces by 2 1/2 months.

    Mexico EB-4 moves forward by 1 month while EB-4 for El Salvador, Guatemala and Honduras remains frozen.



    Family-Based Categories

    The worldwide family-based categories, all of which are backlogged for years, each inch forward by 1 to 6 weeks.

    The family-based categories for Mexico and the Philippines, some of which are backlogged not just years but decades, advance from 1 week to 2 months with the exception of the Mexico 3rd which remains frozen at June 22, 1995, more than 10 years longer than the worldwide category.

    The 4th preference category for India moves forward by 3 weeks to February 1, 2004.



    What Congress Needs to Do


    Millions of people who have been playing by the rules have been waiting in line for green cards, some over 20 years, all because when the law was written over 50 years ago, Congress imposed a severe 7% per-country limitation on the number of persons born in a particular country who are permitted to immigrate to the US annually.



    This outdated system has produced many unfair and undesirable results. Brothers and sisters of US citizens who are born in the Philippines and Mexico are forced not only to have to wait in line for over 20 years to get a green card, but to have to leave their “aged-out” children behind when they do.


    Scientists and computer engineers can get H-1B visas to work in the US irrespective of their countries of birth, but if they happen to be born in China or India, they are forced to wait in line many additional years to obtain green cards. Had they been born in a country like Cuba or Iraq, the process would be relatively quick and straight forward. This is very unfair and outdated, and needs to be changed.


    Since Congress is debating immigration policy this week, this would be a great time to finally fix the outdated 7% per-country limitation. Remove it in the employment-based categories and raise it in the family-based categories.

    Updated 02-12-2018 at 04:05 PM by CShusterman

  2. VISA BULLETIN MARCH 2018: ANALYSIS AND PREDICTIONS

    by , 02-12-2018 at 01:02 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

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


    March 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
    C
    C
    C
    C
    EB-2
    C
    01DEC13
    15DEC08
    C
    C
    EB-3
    C
    15NOV14
    01JAN07
    C
    01MAY16


    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
    C
    C
    C
    EB-2
    C
    01FEB13
    08FEB09
    C
    C
    EB-3
    C
    01JAN16
    01JAN08
    C
    01OCT16


    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): Both China EB-2 and EB-3 favorably progressed, each by two months in Table A. The China EB-3 remains more favorable than Chinese EB-2. The odd situation of China EB-3 progressing faster than China EB-2 will remain to be the case for the foreseeable future. A note at the end of the February Visa Bulletin says that both China EB-2 and EB-3 should move several months in the near future.


    India: Both India EB-2 and EB-3 progressed. EB-2 only progressed by one week. EB-3 moved ahead by 4 weeks. A note at the end of the February Visa Bulletin says that India EB-3 should move 1-3 months in the near future.

    Mexico: Mirrors All Other in analysis.

    Philippines: The Philippine EB-3 date moved two months, which is its best movement in FY2018. This may reflect the fact that I-485 processing times may slow because of the new I-485 EB interview requirement. If EB I-485 interview times slow, it will cause the DOS to free up more visas for Consular Processing petitions. This is also reflected in the fact that EB-3 Table B moved three months. A note at the end of the February Visa Bulletin says that we should expect one month movements in EB-3. MU is slightly more optimistic than this projection.

    __________
    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, Twitterand LinknedIn.


    Updated 02-12-2018 at 03:54 PM by CMusillo

  3. Letters of the Week: February 12 - February 18

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