Health Care Blog

Therecently published April Visa Bulletin advanced the Date for Filing, orChart B, for the employment-based, second preference (EB-2) category for Indiaa whole year, to September 1, 2014. In addition, USCIS also updated its website to reflect that foreign nationals mayuse this Date for Filing, or Chart B, date in applying for adjustment ofstatus.

Withthis publication, USCIS released a statement encouraging those eligible toapply under EB-2, to go ahead and apply. In conjunction with thisrecommendation, USCIS is also encouraging eligible applications to request totransfer pending adjustment of status cases to EB-1 or EB-2 categories if theymeet the following criteria:

1.   A visa is unavailable to them in theEB-3 category;

2.   They have a pending or approved FormI-140; and

3.   A visa is available in the EB-1 orEB-2 category.

Ifyou have any questions regarding your eligibility for the above benefits,please reach out to your MU attorney. The full USCIS statement on this topic isavailable here.

The Department of State has just issued the April 2022 Visa Bulletin.  This is the seventh Visa Bulletin of FiscalYear 2022. This blog post analyzes this month’s Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates — Applications with these dates may beapproved for their Green Card (Permanent Residency card) or Immigrant Visaappointment.

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

The chart stayed similar to the past month’s Visa Bulletin.  One bright spot was that India EB-2 movedahead by 2+ months, which should allow additional long-delayed Indian nationalsto apply for their green cards.  Unfortunately,China EB-2, India EB-3, and China EB-3 stayed the same. 

The news remained positive for Philippines and Worldwide EB-3,where dates held at Current.  However, there is one important note at the end ofthis month’s Visa Bulletin, which bears watching in future months, as it wouldaffect both Philippinesand Worldwide EB-3,

F.AVAILABILITY OF EMPLOYMENT THIRD PREFERENCE “OTHER WORKERS” (EW) NUMBERS

Highnumber use in the Employment Third Preference “Other Workers” (EW) category maynecessitate the establishment of a worldwide final action date as early as Juneto hold number use within the maximum allowed under the Fiscal Year 2022 annuallimit. This situation will be continually monitored, and any necessaryadjustments will be made accordingly.

TheUSCIS’s annual H-1BCap lottery registration window will close on Friday, March 18, 2022 atnoon Eastern. All entries into the Fiscal Year 2023 lottery must besubmitted by noon Eastern on Friday, March 18, 2022 to be registered andeligible for selection.

MusilloUnkenholt encourages registering all candidates as soon as possible to avoid anytechnical issues or delays.

Ifan employer has candidates they would like to enter into the lottery, theemployer should reach out to their Musillo Unkenholt attorney as soon aspossible.

TheUSCIS intends to notify registrants selected in the first round of the lotteryby March 31, 2022. The USCIS is expects to conduct multiple rounds of selectionuntil it reaches the 85,000 H-1B quota. Registrants not selected by March 31may still be selected during a later ro    und.

OnFebruary 28, 2022, USCIS announced that they received a sufficientnumber of petitions to reach the 65,000 H-1B regular cap and 20,000 H-1Bmaster’s cap, for fiscal year 2022 (October 2021 to October 2022).  It is important to note, this announcementis for registrations submitted in March 2021. New registrations for fiscal year 2023 (October 2022 to October 2023)can be submitted.

Forall non-selected cases, the attorney of record and petitioner should havereceived a non-selection notification through the registration on the USCISwebsite. The status for registrations properly submitted, but not selected,will state: Not Selected: not eligible to file an H-1B cap petition based onthis registration.

USCISwill continue to accept H-1B cap exempt petitions and H-1B petitions forworkers that have previously been counted against the cap.

The DHS hasproposed a new “fair and humane” Public Charge rule meant to clarify its existing policy. The proposedrule is very similar to the current policy, but refines the forms of aidconsidered under the test.

Unlike theDHS’s 2019 attempt to enact a Public Charge rule intended to restrictimmigration, the new proposal should not create additional hurdles forimmigrants. Under the new proposal, only four specific forms of public assistancewould be considered in a Public Charge determination:

• Supplemental Security Income (SSI);
• Cash assistance for income maintenance under theTemporary Assistance for Needy Families (TANF) program;
• State, Tribal, territorial, and local cash assistancefor income maintenance; and
• Long-term institutionalization at governmentexpense. 

The DHSspecifically excludes from the proposed rule:

• Supplemental Nutrition Assistance Program (SNAP);
• Children’s Health Insurance Program;
• Most Medicaid benefits (except for long-terminstitutionalization at government expense;
• Housing benefits;
• Transportation vouchers;
• Disaster assistance received under the StaffordAct;
• Pandemic assistance;
• Benefits received via a tax credit or deduction;
• Social Security, government pensions, or otherearned benefits.   

Additionally,specific categories of noncitizens would be exempted from public charge groundinadmissibility under the proposed rule, including:

• Refugees and asylees;
• TPS;
• Special immigration juveniles;
• T and U nonimmigrant;, and
• Self-petitioners under the Violence Against WomenAct (VAWA).

Following its recent News Alert urging eligible applicants to switch employment-based categories, USCIS has issued guidance via its “Green Card for Employment-Based Immigrants” webpage on filing a request to transfer the underlying basis of an eligible Adjustment of Status application from the third preference category to the first or second. 

USCIS may, in its discretion, grant a transfer request if the following criteria are met:

• You have continuously maintained eligibility for adjustment of status;
• Your adjustment of status application based on the original Form I-140 is still pending;
• You are eligible for the new immigrant category; and
• You have a visa immediately available in the new immigrant category.

The Department of State hasjust issued March2022 Visa Bulletin.  This is the sixth VisaBulletin of Fiscal Year 2022. This blog post analyzes this month’s VisaBulletin.

Visa Bulletin

Table A: Final Action Dates — Applications with these dates may beapproved for their Green Card (Permanent Residency card) or Immigrant Visaappointment.

Table B: Dates of Filing

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

MU Law Analysis

India EB-2 moved ahead by four months, which should allow some long-delayedIndian nationals to apply for their green cards.  Unfortunately, India EB-3 did not moveahead.  There was a note at the end ofthis month’s bulletin that says that if EB-5 demand emerges, the surplus ofextra visas that has been flowing into India EB-2 will disappear.  This may result in a retrogression of IndiaEB-2 in future months.

The news remains positive for Philippines and Worldwide EB-3,where dates held at Current.  They areexpected to stay Current for the foreseeable future.

China’sEB-2 and EB-3 numbersremain unchanged for March 2022.  Weexpect low to no progress in these categories for the rest of FY 2022.

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, February 8, 2022 at 3PM Eastern (2PM Central). Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

Join us for this FREE webinar to learn more about:

• H-1B Cap Basics, Registration Process, and Projections
• What is an H-1B Specialty Occupation?
• H-1B Dependency
• Special Issues for Staffing Companies and Third-Party Placements
• Cap-gap for F-1s as well as CPT/OPT maintenance
• Employer-Employee relationships, end-client documentation
• Green Card instead of an H-1B
• Top 10 things H-1B employers can do to stay compliant 

Leading US news media company, NBC, has done an in-depthreport on the important value foreign educated nurses provide US patients.  The AAIHR, the leading trade association forforeign healthcare recruitment, is prominently featured in this video piece.

WATCHVIDEO

BeginningMarch 1, 2022 through March 18, 2022, H-1B Electronic Registration forcap-subject petitions will take place. This marks the third year that USCIS hasutilized electronic registration.

The H-1B Cap Initial Registration windowopens at 12:00 p.m. Eastern Time on March 1, 2022 and closes at 12:00 p.m.Eastern Time on March 18, 2022. During this window, potential beneficiariesmust be registered by their employer in order to be considered for selection inthe H-1B CAP.  

USCIS intends to inform employers byMarch 31, 2022 which beneficiaries were selected via users’ myUSCIS accounts.While the registration process requires minimal biographical information abouteach beneficiary, the beneficiary must meet all H-1B eligibility requirementsat the time of filing the full H-1B petition. 

Employers who have not participatedin a previous year’s electronic registration process will need to first createan H-1B Registrant account on myUSCIS beforesubmitting any registrations. Employers who previously created an H-BRegistrant account will be able to utilize their existing account for thisyear’s registration. Each beneficiary registered will incur a nominal $10fee due to USCIS. 

Employers are encouraged to contacttheir MU immigration attorney as soon as possible to begin preparing their H-1BCap registrations.