HEALTHCARE WORKFORCE RESILIENCE ACT PROVIDES NEEDED NURSES FOR US PATIENTS
May 1, 2020
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
April 29, 2020
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.
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
April 27, 2020
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
April 24, 2020
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.
PRESIDENTIAL PROCLAMATION REGARDING TEMPORARY HAULT TO IMMIGRATION DUE TO COVID-19
April 23, 2020
President Trumphas issued aPresidential Proclamation to temporarily stop the issuance of all immigrant visas (greencards) at Embassies abroad for sixty days effective midnight on April 23, 2020. Contrary to the overarching language used inthe President’s original tweet, the text of the Proclamation reveals that itwill have very little impact on business immigration.
Importantly, thisProclamation does not apply to those who are already in the United States andapplying for a green card, nor does it apply to those entering the US on anonimmigrant visa, such as H-1B, TN, L-1, for F-1. The Proclamation does not bar nonimmigrant visaextensions or transfers.
The Proclamation onlyapplies to all those who are:
- outside ofthe United States between April 23, 2020 – June 23, 2020; and
- not inpossession of either a valid immigrant visa or an official travel document,e.g. Advanced Parole; and
- Not one ofthe categories of immigrants who are exempt from the Proclamation.
- PermanentResidents of the US;
- Healthcareworkers and their immediate family members (including those family memberstraveling with the healthcare worker and those family members coming to the USat a later date);
- Otherindividuals coming to the US to perform work essential to combating, recoveringfrom, or alleviating the effects of Covid-19 and their immediate family members(including those family members traveling with the healthcare worker and thosefamily members coming to the US at a later date).
- Spousesand children of US Citizens;
- EB-5investors;
- Individualswho are entering to assist law enforcement or who are members of the US ArmedForces;
- SpecialImmigrants in the SI or SQ Class and their family members; and
- Any person whose entry isin the national interest of the US as determine by the Secretary of State orSecretary of Homeland Security.
GOVERNMENT AID, COVID-19, AND PUBLIC CHARGE CONCERNS
April 17, 2020
Since theCovid-19 outbreak, many questions have arisen concerning government aid, itsavailability to foreign nationals, and the impact acceptance of various typesof government aid will have on the public charge analysis. Below is a summary of the availablegovernment aid and information about its impact on foreign nationals’immigration situation.
Testing,Treatment, and (Potential) Vaccination
- Eligibility:Foreign nationals are eligible for testing, treatment, and any potentialvaccine related to Covid-19.
- PublicCharge: Being tested, treated, or vaccinated for Covid-19 will not beconsidered in the public charge analysis. The USCIS hasspecifically stated that “testing, treatment, and preventative care(including vaccines, if a vaccine becomes available) related to COVID-19” willnot be considered as part of a public charge determination.
CARESAct Stimulus
- Eligibility:Foreign nationals may be eligible for the Cares Act stimulus if the foreignnational has a social security number and is either (a) a permanent resident,a/k/a green card holder, or (b) has spent enough time in the US that theforeign national meets the IRS substantialpresence test.
- Individualswho have filed a tax return in 2018 and reported an Adjusted Gross Income (AGI)of up to $75,000 ($150,000 if married/filing jointly) may receive one‑time cashpayments of $1,200 ($2,400 if married plus $500 per child). Those with anAGI over $99,000 ($198,000 for married couples) will not receive a payment. Some payments may be less for individualswith an income over $75,000 ($150,000 for married couples) but under $99,000for individuals ($198,000 for married couples).
- PublicCharge: Accepting CARES Act stimulus payments will not be considered in thepublic charge analysis. Because theCARES Act stimulus payments are considered tax credits,they will not be considered under the public charge analysis. The public charge rule is clear that taxcredits, including the Earned Income Tax Credit and Child Tax Credit, are nottaken into account for the purpose of the public charge rule.
Unemployment
- Eligibility:Eligibility for unemployment varies from state to state. You should contact an employment law attorneyin your state to determine if you are eligible for unemployment benefits.
- Public Charge: Applying forand accepting unemployment will not be considered in the public chargeanalysis. The publiccharge rule explicitly states unemployment benefits are not considered“public benefits” under the public charge inadmissibility determination asunemployment is considered an earned benefits.
UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19
April 15, 2020
Dueto the COVID-19 pandemic, there are a variety of closures and suspensions ofimmigration services. Below is a summaryof all closures and suspensions at this time. This list is subject to change as new updates become available.
US Citizenship and Immigration Service:
ImmigrationFilings: The USCISrecently announced that it may excusesome delays in filing immigration cases in a timely manner. USCIS, in itsdiscretion, may excuse the failure to file on time if it was due toextraordinary circumstances beyond the applicant’s control, such as those thatmay be caused by COVID-19.
EffectiveMarch 20, 2020 the USCIS has announced the immediateand temporary suspension of premium processing on all I-129s (L-1s, H-1Bs,TNs) and I-140s.
Forall cases where an RFE (Request for Evidence) or NOID (Notice of Intent toDeny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow anautomatic 60-day extension to the due date.
Interviewsand In-Person Appointments:The USCIS has suspendedall in-person services until at least May 3, 2020. The USCIS has also announced that it will re-usebiometric information already on file in order to process applications forEmployment Authorization Documents (EADs).
ElectronicSignatures: Due tothe National Emergency, USCIS will accept scanned,faxed, or photocopied, original signatures.
Department of State:
USEmbassies: Effective March 20, 2020 the Department of States has also suspendedinterviews in an effort to slow the spread of Covid-19. If you are a medical professional, please seeour previous blogpost about interviews for medical professionals.
Travel Restrictions:
Outof the US: On March 19, 2020, the Department of State has issued a Level4 warning, advising all US Citizens to avoid all international travel.
Intothe US: Travel bans have been issued restricting travel to the US forindividuals who have traveled to severalcountries within in the last 14 days.
Thefollowing individuals are exempt from the travel ban:
- USCitizens and Lawful Permanent Residents;
- Spousesof US Citizens and Lawful Permanent Residents;
- Parentsor legal guardians of US Citizens of Lawful Permanent Residents, provided thatthe child is unmarried and under the age of 21;
- Siblingsof US Citizens or Lawful Permanent Residents, provided both are unmarried andunder the age of 21;
- Childrenwho are under the legal custody of US Citizens or Lawful Permanent Residents;and
- Other certain foreigngovernment and health officials.
StaySafe and Healthy and Please Remember to Wash Your Hands Regularly.
USCIS RECEIVES 275,000 H-1B CAP REGISTRATIONS
April 3, 2020
USCIS announced that it has received “nearly” 275,000 H-1B capregistration during the March 1-20 filing period, including petitions filed forthe advanced degree exemption. This isconsiderably more than the 190,000 H-1B petitions received during the April2018 (Fiscal Year 2019) filing period and 201,000 during the April 2019 (FY2020) filing period.
USCIS is in the process of notifyingH-1B cap lottery winners. Based on theCongressional H-1B cap of 85,000 H-1B cap winners, Petitioners should expectabout 31% of their H-1B cap filings to be H-1B cap winners because Congressonly allows the USCIS to approve H-1B cap petitions. H-1B winners have 90 days to submit their fullH-1B cap petition to the USCIS.
MU Law’s numbers track the USCISmacro-number. So far, we have receivednotice that about 30% of our total registrations are H-1B cap winners. MU Law is in the process of contacting H-1Bwinners.
Unlike in past years, the USCIS willcontinue to update the H-1B cap winners list. Therefore, additional winners may be added throughout the spring andsummer. USCIS is not expected to contactany H-1B lottery losers until all 85,000 approval notices are issued or the endof the 2021 fiscal year.
UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19
April 2, 2020
Due to the COVID-19 pandemic, thereare a variety of closures and suspensions of immigration services. Below is a summary of all closures andsuspensions at this time. This list issubject to change as new updates become available.
USCitizenship and Immigration Service:
Immigration Filings: USCIS will continue to perform dutiesthat do not involve contact with the public. Petitions will continue to be accepted for filing and adjudicated by theUSCIS. Effective March 20, 2020 theUSCIS has announced the immediateand temporary suspension of premium processing on all I-129s (L-1s,H-1Bs, TNs) and I-140s.
For all cases where an RFE (Requestfor Evidence) or NOID (Notice of Intent to Deny) was issued between March 1,2020 and May 1, 2020, the USCIS will allow an automatic 60 day extension to thedue date.
Interviews and In-Person Appointments: The USCIS has suspendedall in-person services until at least May 3, 2020. This cancellation includes interviews forgreen card cases and biometrics appointments. USCIS will send notices to allapplicants and petitioners with scheduled appointments impacted by this closureand all appointments will be automatically rescheduled when services resume. The USCIS has also announced that it will re-usebiometric information already on file in order to process applications forEmployment Authorization Documents (EADs).
Electronic Signatures: Due to the National Emergency, USCISwill accept scanned,faxed, or photocopied, original signatures. For forms that require an original “wet” signature, including the I-129,I-140, and I-485, USCIS will accept electronically reproduced originalsignatures for the duration of the National Emergency.
Departmentof State:
US Embassies: Effective March 20, 2020the Department of States has also suspendedinterviews in an effort to slow the spread of Covid-19. As resources allow, embassies and consulateswill continue to provide emergency services. Appointments and interviews willresume as soon as possible. If you are amedical professional, please see our previous blogpost about interviews for medical professionals.
TravelRestrictions:
Out of the US: On March 19, 2020, theDepartment of State has issued a Level4 warning, advising all US Citizens to avoid all international travel. US Citizens who do not live in the UnitedStates should arrange for immediate return to the US or prepare to remainabroad for an indefinite period of time. Many countries are experiencing COVID-19 outbreaks and are implementingtravel restrictions, quarantines, and closed borders.
Into the US: Travel bans have been issuedrestricting travel to the US for individuals who have traveled to: Austria,Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France,Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein,Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia,Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14days.
Thefollowing individuals are exempt from the travel ban:
- US Citizensand Lawful Permanent Residents;
- Spouses of USCitizens and Lawful Permanent Residents;
- Parents orlegal guardians of US Citizens of Lawful Permanent Residents, provided that thechild is unmarried and under the age of 21;
- Siblings ofUS Citizens or Lawful Permanent Residents, provided both are unmarried andunder the age of 21;
- Children whoare under the legal custody of US Citizens or Lawful Permanent Residents; and
- Other certainforeign government and health officials.
OnApril 11, 2020 officials will reassess COVID-19 travel bans.
Stay Safe and Healthy andPlease Remember to WashYour Hands Regularly