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JUNE 2020 VISA BULLETIN: PROGRESS FOR PHILS AND WW EB-3; EB-1

The Department of State hasjust issued the June 2020 Visa Bulletin. This is the ninth VisaBulletin of Fiscal Year 2020. This blog post analyzes this month’s VisaBulletin.
June 2020 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.
Employment-
based
All Other
CHINA
INDIA
PHILIPPINES
1st
C
15AUG17
08JUN16
C
2nd
C
01NOV15
12JUN09
C
3rd
08NOV17
15JUN16
01APR09
08NOV17
MU Law Analysis
This was anothereagerly anticipated Visa Bulletin.  TheDOS moved the Philippines and Worldwide EB-3 ahead by 10 months,which is encouraging.  The Indian andChinese EB-3 dates moved ahead one month, which is also a promising sign.It would not surprise us to see another big progression in the July VisaBulletin, especially for the Philippines and Worldwide EB-3s. 
The EB-1 movements were also reassuring.  India EB-1 progressed 10 months.  China EB-1 advanced by a month.  The Indian and Chinese EB-2 dates alsomoved ahead, with India progressing by 10 days and China by one month.  These progressions could mean that more visanumbers flow down to other categories.
MU continues to believe that the StateDepartment should be accelerating these dates at a faster rate and will need toaggressively accelerate the dates in the next few months in order to ensurethat all visas are used in fiscal year 2020. We have said this for several months.  Very few immigrant visas have been issued inthe last 60 days because of the COVID-19 crisis. 
Conspiracy rumors are out there.  Some are speculating that the White House is interfering andillegally holding back progressions. The State Department did not include anycomments at the end of the Visa Bulletin. This lack of transparency from the State Department is feeding thespeculation.  At the very least the StateDepartment should explain how it expect to use this year’s full allotment ofimmigrant visas.

TWENTY HOUSE CO-SPONSORS ON HR 6788 (HWRA)

Everyone has been working hard to drumup support for the HWRA in the Senate. We have not however forgotten about the Houseand bill HR 6788.  We are pleased toannounce that the bill now has 20 co-sponsors in the House of Representatives.We continue to have a bipartisan mix of House members from both the Democratsand Republicans, which is the best way to advance this important legislation.

Rep. Cole, Tom [R-OK-4]*

Rep. Finkenauer, Abby [D-IA-1]*

Rep. Bacon, Don [R-NE-2]*   

Rep. Rose, Max [D-NY-11]   

Rep. Woodall, Rob [R-GA-7]  

Rep. Cox, TJ [D-CA-21]  

Rep. O’Halleran, Tom [D-AZ-1]   

Rep. Swalwell, Eric [D-CA-15]   

Rep. Yoho, Ted S. [R-FL-3]   

Rep. Khanna, Ro [D-CA-17]   

Rep. Meng, Grace [D-NY-6]   

Rep. Peters, Scott H. [D-CA-52]   

Rep. Moolenaar, John R. [R-MI-4]   

Rep. Stewart, Chris [R-UT-2]   

Rep. Brooks, Susan W. [R-IN-5]   

Rep. Blunt Rochester, Lisa [D-DE-At Large]   

Rep. Johnson, Eddie Bernice [D-TX-30]   

Rep. Hayes, Jahana [D-CT-5]  

Rep. Hartzler, Vicky [R-MO-4] 

Rep. Bishop, Sanford D., Jr. [D-GA]

FOURTEEN SENATE CO-SPONSORS ON HWRA S.3599

Everyone has been working hard behindthe scenes to drum up support for the HWRA. We are pleased to announce that the bill now has 14 co-sponsors in the Senate. We continue to have a bipartisan mix of Senators from both the Democratsand Republicans, which is the best way to advance this important legislation. In addition to Sen. Perdue (R-GA), we have:

Cosponsor
Sen. Durbin, Richard J. [D-IL]*
Sen. Young, Todd [R-IN]*
Sen. Coons, Christopher A. [D-DE]*
Sen. Cornyn, John [R-TX]*
Sen. Leahy, Patrick J. [D-VT]*
Sen. Paul, Rand [R-KY]
Sen. Carper, Thomas R. [D-DE]
Sen. Lankford, James [R-OK]
Sen. Wyden, Ron [D-OR]
Sen. Rounds, Mike [R-SD]
Sen. King, Angus S., Jr. [I-ME]
Sen. Ernst, Joni [R-IA]
Sen. Moran, Jerry [R-KS]

HWRA HOUSE BILL FORMALLY INTRODUCED

Members Brad Schneider (D-IL), Tom Cole (R-OK), Abby Finkenauer(D-IA), and Don Bacon (R-NE) introduced the HWRA into the US House ofRepresentatives on May 8, 2020.  This isthe House version of Senate bill S. 3599.  As with the Senate co-sponsors, this isanother strong, bipartisan group of Representatives who are doing right by USpatients and valuing the contributions of hard-working immigrants.
If enacted, the HWRA would:
-Grantvisas to doctors (15,000), nurses (25,000), and their families (unreserved);
-ExemptHWRA visas from the per-country cap;
-InstructDHS and DOS to prioritize these visa appointments so that these fully-qualifiednurses can enter the US as fast as their visa appointments can be scheduled;and
-Mandatethat employers attest that these immigrants will not displace an Americanworker.

HWRA FORMALLY INTRODUCED AND ASSIGNED S.3599

MusilloUnkenholt is pleased to report that the Healthcare WorkforceResilience Act hasbeen introduced into the Senate and assigned S. 3599.
Thebill is up to six co-sponsors! 
ThreeRepublicans: David Perdue (GA), Todd Young (IN), and John Cornyn (TX).
ThreeDemocrats: Dick Durbin (IL), Chris Coons (DE), and Patrick Leahy (VT).
Weexpect to continue to grow this strong base of original co-sponsors.  We shortly will be announcing a companionbill in the House, with another impressive group of House members.
Youmay want to follow us on Facebook or Twitter for breaking news on thisimportant bill.

HEALTHCARE WORKFORCE RESILIENCE ACT FAQ

MusilloUnkenholt is pleased to report that the Healthcare Workforce Resilience Act hasbeen introduced into Congress.  The HWRAis smart, positive legislation that will increasing the supply of nurses anddoctors into the US.  These twooccupations are among the shortest supplied occupations by US workers.  Musillo Unkenholt and the AAIHR have been working closely with theseoffices for the last two months, assisting congressional staffers in draftingthis legislation.
Thisis our FAQ about the legislation.
Howdoes this help nurses and doctors currently in retrogression?
Ifthe HWRA becomes law, all nurses and doctors whose visa applications arecurrently retrogressed immediately become current.  Likewise, any nurse or doctor whose I-140 isfiled any time before 90 days after PresidentTrump’s Emergency Declaration on COVID-19 also receives aretrogression-free visa, although there is an overall quota of 25,000 for RNsand 15,000 for MDs. 
Whatis retrogression?
Thereare thousands of fully qualified nurses and doctors who have been approved for US greencards but who are not in the US because of “visa retrogression.”  “Visa retrogression” is when a fullyqualified visa applicant has to wait for a visa to become available because theEB-3 visa category is oversubscribed. Right now, fully qualified Philippine and worldwide nurses must wait fouryears for a visa appointment because of the visa retrogression.  Indian nurses and doctors have a twelve year wait.
Thislegislation prioritizes fully qualified nurses and doctors by utilizing a portion of thehundreds of thousands of visas that have been authorized by Congress but havegone unused.
Doesthis legislation add any visas into the quota?
No. Thislegislation does not add visas to the overall visa quotas.  Likewise, it does not take visas from anyother occupation.
TheHWRA uses visas that Congress had previously authorized, but had gone unusedfrom 1992-2020. 
Canspouse and children also receive immigrant visas?
Yes.  Spouse and under-21 children obtain visas atthe same time as the nurse.  They mayalso follow to join.  These familymembers do not count against the overall 25,000 RN and 15,000 MD visa quota.
Arethese nurses qualified to work in the US?
Absolutely.  Before any nurse can enter the US, the nursemust have:

(i)         Passed the US nursing licensing exam;
(ii)   Graduated from a university that isequivalent to a US nursing school;
(iii)      Passed an English fluency examination; and
(iv)      A spotless overseas nursing license. 

Whatprotections are there for US labor?

Before the visais issued, the employer must attest that the foreign trained nurse “has notdisplaced and will not displace a United States worker.’’

HEALTHCARE WORKFORCE RESILIENCE ACT PROVIDES NEEDED NURSES FOR US PATIENTS

MusilloUnkenholt is pleased to report that theHealthcare Workforce Resilience Act will be introduced into Congress nextweek.  The HWRA is smart, positivelegislation that will increase the supply of nurses and doctors into theUS.  These two occupations are among theshortest supplied occupations by US workers. Musillo Unkenholt and the AAIHR havebeen working closely with these offices for the last two months, assisting congressionalstaffers draft this legislation.
Ifthe HWRA becomes law, all nurses and doctors whose visa applications arecurrently retrogressed immediately become current.  Likewise, any nurse or doctor whose I-140 isfiled anytime before 90 days after PresidentTrump’s Emergency Declaration on COVID-19 is also expected to have aretrogression-free visa, although there is an overall quota of 25,000 visas forRNs and 15,000 visas for MDs.  Thelegislation contains language asking the USCIS and Embassies and Consulates toexpedite these petitions.  The HWRAadmirably contains US worker protections, guaranteeing that no US worker isdisplaced.
TheHWRA has a strong set of original co-sponsors in the Senate: Sens. Perdue(R-GA), Young (R-IN), Durbin (D-IL), and Coons (D-DE).  This is an impressive bipartisan set ofSenators with decades of experience leading legislative initiatives. 
Insum, the HWRA, with respect to nurses, does the following:
-Allowsall fully-qualified foreign-educated nurses to have their visas granted, ifthey are currently in the retrogression queue or file their I-140s within ninetydays of the President’s Emergency Declaration; and

-Instructs DHS andDOS to prioritize these visa appointments so that these fully-qualified nursescan enter the US as fast as their visa appointments can be scheduled.

SAY IT AGAIN: THE H-1B DOES NOT TAKE AWAY US WORKER’S JOBS

I run a version of this post every few years.  Here is the 2015version. The Economist liked the chart in that version of the post, replicatingit here.  The data leads to the unimpeachable conclusion that the H-1B visa doesnot take away US workers jobs.  The H-1Bvisa fills jobs in industries where it is nearly impossible to find qualified US workers.
In 2009, a mere 9,000 H-1Bs were received in the first month ofH-1B processing.  It would be 264 daysbefore the H-1B cap was reached. In 2010, it took 300 days until the H-1B capwas reached.  In 2011, there were 236days between the April 1, 2011 cap opening and the November 23, 2011 cap beingreached.  Not coincidentally, the USemployment rate from 2009-2011 ranged betweeneight and ten percent.
On the other hand, the H-1B cap was reached on the very first dayin 2007, 2008, and every year since 2013, mirroring the low unemployment rate.

My chart from 2015.
 
The lack of H-1B petition filings in years when the unemploymentrate is high is compelling evidence against the argument thatinternationally-trained workers are being used to displace American workers andlower US workers’ salaries.
Why?  Because if H-1B visalabor was being used primarily to lower US workers’ salaries, then H-1B filingnumbers would not correlate with US unemployment rates.  If anything, the reverse would happen becausethe incentive to reduce workers’ salaries is likely greater in a recessedeconomy, not less.
The President and his hackneyed hatchet man Steven Millerdo not believe in data.  The Presidentrecently signed a ridiculous Executive Orderlimiting permanent residency visas (green cards) for 60 days.  The Order accomplishes nothing, but may setthe table for a broader visa ban, which could include H-1Bs and other temporaryvisas.
Millerrecently said that “the most important thing isto turn off the faucet of new immigrant labor,” as if this will save Americanjobs.  It won’t.  Limiting immigrant labor has never saved asingle American job and it never will. 
Miller is plainly not interested in the Americaneconomy.  He gave away his real interest whenhe said that the temporary banwould limit “chains of follow-on migration.”  That is Miller’s real interest: stopping allforms of legal migration, which he believes waters down American culture.  His goal is to centrally plan American culture in his image.
Politicians should see employment visas for what they are — tools forgrowing industries to fill labor shortages.  Organizations — and governments — workbetter when they work on data and not on nonsense and rhetoric.
____
Here is an updated version of the chart.  The most important part of the data looks atthe spike in unemployment from 2008-2014.  It is worth nothing that since 2014 we have had record levels of H-1Bpetitions, and full employment.

(Click on the chart to expand)

USCIS EXTENDS SUSPENSION OF IN-PERSON SERVICES DUE TO COVID-19

The USCIS has extended its suspension of all in-person services until atleast June 4, 2020.  This cancellation includes interviews forgreen card cases, Naturalization ceremonies, and biometrics appointments. USCISwill send notices to all applicants and petitioners with scheduled appointmentsimpacted by this closure and all appointments will be automatically rescheduledwhen services resume. 
The USCIS will re-use biometric information alreadyon file in order to process applications for Employment Authorization Documents(EADs). 
USCIS staff continue to adjudicate cases and completework that does not involve contact with the public.  USCIS will provide emergency services wherethe situation warrants doing so.

MAY 2020 VISA BULLETIN

TheDepartment of State has just issued the May 2020 Visa Bulletin. This isthe eighth Visa Bulletin of Fiscal Year 2020. This blog post analyzes thismonth’s Visa Bulletin.
May 2020Visa Bulletin
Table A:Final Action Dates — Applications with these dates may be approved for theirGreen Card (Permanent Residency card) or Immigrant Visa appointment.
Employment-
based
All Other
CHINA
INDIA
PHILIPPINES
1st
C
15JUL17
01AUG15
C
2nd
C
01OCT15
02JUN09
C
3rd
01JAN17
15MAY16
01MAR09
01JAN17
MU LawAnalysis
This was an eagerlyanticipated Visa Bulletin, but it disappointed. MU continues to believe that the State Department will need toaggressively accelerate the dates in the next few months in order to ensurethat all visas are used in fiscal year 2020. The fact that the State Department did not include any comments at theend of the Visa Bulletin, after such a long delay in publication, was alsodiscouraging.  MU will be askingquestions to the DOS in order to try and get more answers.  We will publish those answers as they becomeavailable.

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Our attorneys have vast experience in an array of immigration processes.

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