Health Care Blog

On August 23,2022, USCISannounced that they received a sufficient number of petitions toreach the 65,000 H-1B regular cap and 20,000 H-1B master’s cap, for fiscal year2023 (registrations filed in March 2022).

For allnon-selected cases, the attorney of record and petitioner should have receiveda non-selection notification through the registration on the USCIS website. Thestatus for registrations properly submitted, but not selected, will state: NotSelected: Not Selected – not eligible to file an H-1B cap petition based onthis registration.

USCIS willcontinue to accept H-1B cap exempt petitions and H-1B petitions for workersthat have previously been counted against the cap.

The Department of State has justissued the September 2022 Visa Bulletin.  This is the eleventh Visa Bulletin of FiscalYear 2022. This blog post analyzes this month’s Visa Bulletin.

Visa Bulletin

Table A:  FinalAction Dates — Applications with these dates may be approved for their GreenCard (Permanent Residency card) or Immigrant Visa appointment.

Table B: Datesof Filing

The USCIS is expected to use theTable B Dates of Filing chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

As is often the case toward theend of the fiscal year, there was not much movement as the USCIS and DOS seekto use the remaining visas in the fiscal year. We are repeating the samemessage as last month.

EB-3 OtherWorkers, which is the category for occupations that require less than two yearsof education or experience to perform the job, remains retrogressed to08May2019.  This date will not advanceuntil October 1, 2022, with the start of the new fiscal year. 

The India and China EB-2 categoriesremain unchanged.  EB-3 India and EB-3China advanced one month each.

The WW and Philippine EB-3remained current. We may see a retrogression of WW and Philippine EB-3 beforethe end of the fiscal year, once the full allotment of visas is exhausted. Thisis common, and nothing to be too concerned about, as we have explained in the past.

In the secondphase of its initiative to expand premium processingeligibility, on July 15, 2022, USCIS issued a news alert that its premium processing program will beexpanded again to include additional pending I-140 petitions filed under theEB-1 and EB-2 categories.

MU’s discussionon the first phase of the initiative can be found here.

Beginning Aug.1, 2022, USCIS will accept Form I-907 requests for:

·       EB-1 multinational executive and managerpetitions received on or before July 1, 2021; and

·        EB-2 NIW petitions received on or beforeAug. 1, 2021.

New (initial)I-140 filings for the categories above are not eligible for premiumprocessing at this time.

USCIS has 45 daysto issue an RFE, approval, or denial on cases that request premium processingfor these newly included Form I-140 classifications. Per USCIS’s I-907 website, the fee for filing Form I-140 requestingEB-1, EB-2, or EB-3 immigrant visa classification is $2,500.

USCIS will rejectany premium processing requests for the classifications above that are filedbefore the appropriate start date. 

On May 24, 2022, the Health Resources & ServicesAdministration (HRSA) of the US Department of Health and Human Services updatedtheir list of tests and scores acceptable for foreign healthcare workers. Thisfull list can be found here.

Upon this HRSA update, CGFNSInternational, Inc. stated that starting August 1, 2022, CGFNS will acceptadditional English exams for the VisaScreen process. Currently, CGFNS onlyaccepts the Test of English as a Foreign Language (TOEFLS) and InternationalEnglish Language Testing Systems (IELTS) for the English exam requirement ofthe VisaScreen.

CGFNS will be issuing anannouncement of the full details of the additional tests and score requirementson August 1, 2022. CGFNS has confirmed that they will accept the OccupationalEnglish Test (OET) and Pearson PTE Academic (PTE) for VisaSceen purposesstarting August 1, 2022. CGNFS has also stated that they will accept PTE andOET exams taken before August 1, 2022, as long as they are still valid on August1, 2022.

Acceptance of these additionalEnglish exams only applies to the CGFNS VisaScreen process, each state stillhas their own requirements for state licensure.

As we grow closer to September 30, 2022, USCIS issued a reminder toapplicants of the proper process regarding submitting Form I-693, Report ofMedical Examination and Vaccination Record. In order to ensure efficient processing,the Service recommends the following when submitting a medical exam Form I-693:

1.)  If you have already submitted yourForm I-485, Application to Register Permanent Residence or Adjust Status, thenyou should not send the Form I-693 separately until USCIS issuesa notice requesting the form be sent to them.

2.)  Similarly, if a Form I-693 was notincluded with your I-485 petition, and the underlying petition (I-130 or I-140)is approved, and your priority date is current on the final action chart, thenyou may want to schedule an appointment with a civil surgeon so that you canhave the completed I-693 on hand when the request arrives. To locate a civilsurgeon please visit the USCIS website here.

3.)  If you have not yet filed your I-485but are planning on filing it in the immediate future, USCIS recommends includinga completed form I-693 at the time of filing.

4.)  USCIS has temporarily extended thetime that the civil surgeon’s signature remains valid on the Form I-693 untilSeptember 30, 2022. Signatures currently are valid for two years from the datethe form is signed.

USCIShas the goal of using all the available employment-based immigrant visas (greencards) this fiscal year even with the increased number of immigrant visasavailable. Should you have any questions regarding your personal case, pleasereach out to your attorney or contact at MU.

The Department of State has just issued the August 2022 Visa Bulletin.  This isthe eleventh Visa Bulletin of Fiscal Year 2022. This blog post analyzes thismonth’s Visa Bulletin.

Visa Bulletin

Table A:  Final Action Dates –Applications with these dates may be approved for their Green Card (Permanent Residencycard) or Immigrant Visa appointment.

Table B: Dates of Filing

The USCIS is expected to use the Table B Dates of Filing chart forI-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

As is often the case toward the end of the fiscal year, there wasnot much movement as the USCIS and DOS seek to use the remaining visas in thefiscal year.

EB-3 Other Workers, which is the category for occupations thatrequire less than two years of education or experience to perform the job,remains retrogressed to 08May2019.  Thisdate will not advance until October 1, 2022, with the start of the new fiscalyear. 

The India and China EB-2 categories remain unchanged.  EB-3 India and EB-3 China advanced onemonth each.

The WW and Philippine EB-3 remained current.  We may see a retrogression of WW andPhilippine EB-3 before the end of the fiscal year, once the full allotment ofvisas is exhausted. This is common, and nothing to be too concerned about, as we have explained in the past.

In a memorandum issued on Saturday,July 2, 2022, USCIS announced a new policy that will broaden a TemporaryProtected Status (TPS) holder’s ability to permanently remain in the UnitedStates.

The memorandum announces USCISrescinded its decision in Matter of Z-R-Z-C, which barred TPSbeneficiary’s from using admittance to the United States after authorizedtravel as a way to satisfy the requirements to adjust status (file for a greencard).

The new policy allows TPS holders whoreturn to the United States after authorized travel to be considered “admittedand inspected” and “present in the United States pursuant to a lawfuladmission”. This will satisfy the law and give TPS holders a new path to applyfor permanent residency within the United States.

USCIS may also allow past, authorized travelof a TPS holder to count towards adjustment of status if the travel satisfiesthe following requirements:

·        The TPS holder obtained priorauthorization to travel abroad temporarily on the basis of being a TPSbeneficiary;

·        The TPS was not withdrawn, terminated,or expired during the period of travel;

·        The TPS holder returned to the UnitedStates in accordance with the authorization to travel; and

·        Upon return, the TPS holder wasinspected by immigration officers at a designated port of entry and paroled orotherwise permitted to pass into the United States in accordance with theTPS-based travel authorization.

If you are a TPS holder and havequestions about your specific situation, please reach out to your MU attorney.

As of Sunday, June 12, 2022, at 12:01 a.m. EDT, the CDCissued an order rescinding the requirement that inbound air travelers to the USfrom abroad present a negative COVID-19 test result taken no more than one daybefore departure or show documented recovery in the past 90 days.

The CDC still recommends that all travelers remain up todate with vaccinations and that travelers still test before, and after travel.Likewise, the CDC still encourages the usage of face masks in indoor publictransportation settings.

The CDC will continue to monitor the effects of thepandemic and reserves the right to reassess the need for a testing requirementshould the situation change.

MU will provide any updates should the CDC issue a neworder, but for now, the requirement is no longer I place. Should you have anyquestions or require additional information regarding personal travel plans pleasereach out to your designed MU attorney.

TheDepartment of State has just issued the July 2022 Visa Bulletin.  This isthe tenth Visa Bulletin of Fiscal Year 2022. This blog post analyzes thismonth’s Visa Bulletin.

VisaBulletin

Table A: Final Action Dates –Applications with these dates may be approved for their Green Card (PermanentResidency card) or Immigrant Visa appointment.

Table B: Dates of Filing

The USCISis expected to use the Table B Dates of Filing chart for I-485 employment-basedfilings. See: USCIS Visa Bulletin Dates

MU LawAnalysis

As wementioned last month, we have recently added another row, EB-3 OtherWorkers.  These are EB-3’s foroccupations that require less than two years of education or experience toperform the job.  Among healthcareoccupations, nurse aides are the common. The retrogression to 08May2019 probably reflects full usage of thiscategory in this fiscal year.

The Indiaand China EB-2 categories each advanced. India improved by three months and China improved by one month.

EB-3 India and EB-3 China will remain unchanged from May, as they did in June.  We do not expect forward progress in thesecategories for the rest of the fiscal year.

The WWand Philippine EB-3 remained current. We may see a retrogression of WW and Philippine EB-3 before the end ofthe fiscal year, once the full allotment of visas is exhausted.   Thisis common, and nothing to be too concerned about, as we have explained in the past.

USCIShas updated its Child Status Protection Act (CSPA) webpage to confirm that aninterfiling request, a written request to transfer the underlying basis of a pendingadjustment of status application, meets the “sought to acquire” requirementunder the CSPA.

Underthe CSPA, certain derivative, unmarried, child applicants for a Green Card areprotected from the risk of “aging out”, or reaching age 21, before their GreenCard Application is adjudicated by USCIS.

Tobe eligible for protection under the CSPA, an unmarried, child applicant whohas filed Form I-485 must seek to acquire lawful permanent resident statuswithin 1 year of a visa becoming available. This is referred to as the“sought to acquire” requirement.

Previously,the only ways to meet the “sought to acquire” requirement were as follows:

·        Filing Form I-485;

·        Submitting Form DS-260;

·        Paying the GreenCard fee to the Department of State;

·        Paying the FormI-864 review fee to the Department of State; or

·        Having a FormI-824 filed on one’s behalf.

USCIShas clarified that interfiling is also now included in the list above, as an interfilingrequest meets the “sought to acquire” requirement under the CSPA.