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US DEPARTMENT OF HOMELAND SECURITY ANNOUNCES NEW “PUBLIC CHARGE” RULE

On August14, 2019 the Department of Homeland Security (DHS) announced anew “public charge” rule; this rule will go into effect on October 15,2019.  Under a longstanding law and policy, if immigration authoritiesdetermine someone is “likely to become a public charge” the US can deny theapplicant’s green card or other visa to the US.  A public charge issomeone who is dependent on the government, through benefits programs. The Trump Administration’s new rule changes the standard by the DHS determineswhether a foreign national is likely to become a public charge.

Underthe previous policy, DHS examined whether an intending immigrant was primarilydependent on public benefits.  Under the newrule, immigration officers will examine whether immigrants arelikely at any time to become a public charge, using amulti-factor test. 

Public benefitsunder the new rule include:
  1. Any federal, state, or local cash assistance, including:

    1.   Social Security Income (SSI)
    2.  Temporary Assistance for Needy Families (TANF)
    3.  Government programs for income maintenance often called “general assistance”

  1. Supplemental Nutrition Assistance Program (SNAP) also known as food stamps
  2. Section 8 Housing Assistance
  3. Medicaid, with certain exceptions
  4. Public Housing under Section 

Theimmigration officer will take into account a broad range of factors andconsider all of the following when making a determination if the foreignnational visa applicant is likely to become a pubic charge:

  1. Receipt ofa public benefit for more than 12 months in the aggregate within a 36 monthperiod
  2. Age
  3. Health
  4. Familystatus
  5. Educationand skills
  6. Assets,resources, and financial status


Thisrule will apply to all applicants for any type of visa, though it is expectedthat the immigration officers will look most closely at those applying for agreen card.  Employment-based visa applicants should be treated favorablybecause, by virtue of their employer-sponsor, they have guaranteed employmentand income in the United States.  However, policy experts forecast thatthis rule will likely be applied inconsistently and cause fewer legalimmigrants to enter the United States.

SEPTEMBER 2019 VISA BULLETIN: ANALYSIS

The Department of State has just issued the September2019 Visa Bulletin. This is the final Visa Bulletin of Fiscal Year2019. This blog post analyzes this month’s Visa Bulletin. 
September 2019 Visa Bulletin
Table A: Final Action Dates — Applications withthese dates may be approved for their Green Card (Permanent Residency card) orImmigrant Visa appointment.
Employment-
based
All Other
CHINA
INDIA
PHILIPPINES
1st
01OCT17
01JAN14
U
01OCT17
2nd
01JAN18
01JAN17
08MAY09
01JAN18
3rd
01JUL16
01JAN14
01JUL05
01JUL16
Table B: Dates for Filing — The DOS may work onapplications with these dates. But the Visa cannot be approved until the dateis current per Table A.
Employment-
based
All Other
CHINA
INDIA
PHILIPPINES 
1st
01SEP18
01OCT17
01OCT17
01SEP18
2nd
C
01JUN17
01JUN09 
C
3rd
C
01JUN16
01APR10
C
MULaw Analysis (all references are to Table A unless noted)
Asalways happens in August and September, the dates have retrogressed, oftenmaking the numbers effectively unavailable. This is common.  The USCIS and DOSare making sure to use all available visa numbers, without exceeding the legalquotas.
Numbers will onceagain be available for applicants beginning October 1, 2019 under the FY-2020annual numerical limitations.  ForOctober, the first month of fiscal year 2020, the DOS expects to return toreturn the final action dates to those which applied for July.  Clickthis link to see the July dates.

CGFNS, AHA, PNAA ALL OPPOSE BILL RESTRICTING NURSES

CGFNSInternational, the US’ issuer on Visa Screens for nurses and other alliedhealthcare professions, hasissued a letter to its Pennsylvania senators expressing concern overS.386 Fairness bill.  That bill woulddecimate healthcare immigration into the US, asexplained in our March blog post. The letter also notes that the American Hospital Association and thePhilippine Nurses Association of America also do not support the bill.
The letter, whichis signed by CGFNS President and CEO Franklin Shaffer, explains that while thebills’ aims are understandable, the consequence of the bill would be to createvisa retrogressions for every country. Shaffer asks that the bill is modified to ensure that healthcareprofessionals, including nurses, are not negatively impacted by this bill. 
There has been anintense effort to modify the bill to protect US patients by continuing to allowbadly needed nurses and healthcare professionals into the US.  A competitive bill, sponsoredby Sen. Rand Paul and titled the BELIEVE Act, would meet both aims:eliminate the unfair per country quotas, while still allowing nurses andhealthcare professionals into the US. 

SEN. PAUL’S BELIEVE ACT IS MERIT BASED IMMIGRATION

Sen. Ran Paul (R-KY) has introduced abill, theBELIEVE Act, that greatly improves the US employment-based visasystem. 
Sen. Rand Paul’s act expandsemployment-based immigration visas, provides additional visas for Schedule Ashortage occupations, ends per-country caps on employment-based immigrationgreen cards, and allow spouses and children of temporary workers to legallywork.  All while still providing all thesame protections for American workers in an economy where nearly everyqualified American worker currently has a job.
As the CatoInstitute says, the
The BELIEVEAct would do more to move the United States toward a merit-based system thanany other legislation introduced this congress. No legislation since the 2013immigration reform bill that passed the Senate would increase skilledimmigration more than this bill. A fourfold increase in employment-basedpermanent immigration would bring the United States more in line with theCanadian system.
Importantly, the BELIEVE Act considersthe needs of US healthcare patients.  Itprovides additional visas for nurses and physical therapists, which will helpall Americans, especially in rural communities where the nursing shortage ismost dire.
For instance, Chattanoogaarea healthcare facilities and hospitals just announced that they cannot find nurses, despite Chattanoogaarea schools producing 500 nurses per year and despite more than 6,500registered nurses living in the county. CHI Memorial is now offering $20,000 sign-on bonuses to new nurses.  These shortagesare rampantthroughout the US.

Sen. Paul should be commended forproducing legislation that serves all interests needs, except those who want torestrict immigration into the US. Musillo Unkenholt strongly supports this bill.  If you are a healthcare facility or hospitalwho is willing to help support this bill, please contact Chris.

MUSILLO UNKENHOLT TURNS TEN – MU WILL BE CLOSED ON JULY 26

By Chris Musillo

July 1, 2019marks ten years since Musillo Unkenholt began. America itself was founded on July 4, 1776.  It was serendipitous to birth an immigrationlaw firm over the same week as the country itself was birthed.  In celebration of our tenth birthday, MU willbe closed on Friday July 26.  We will behaving a food and drink tasting event out of the office.  We are being chauffeured toa number of cool places here in Cincinnati!

I hope that youwill indulge me with a little history on our special birthday. 

Cindy Unkenholtand I launched the firm by choosing a name that continues to confuse the legalprofession: Musillo Unkenholt.  VeryItalian, and very, very German.  

Besides the twoof us, we started with five paralegals: Rita, Jenna, Amy, Kathryn, andMary.  Three of these five are still hereat MU: Rita, Jenna, and Amy.  The factthat I remain working with these three stars fills me with daily happiness.

These three setthe MU culture, and the others who work here embody it and enhance it.  It is fashionable right now to talk about anoffice “growing” a culture.  We have had agreat culture from MU’s first day.  Weare creative and dedicated.  We don’tcheat the work – we work hard.  Everyonetakes tremendous pride and ownership over a successful case.

We are dedicated,and yet we have fun too.  We go toballgames, happy hours, firm lunches, road trips, and parties.  We give back to our community. We treat each other with immense respect.  And we also eat a lot of cupcakes. 

The culture isevident in a significant way: the long tenure of these special people.  In ten years, we have never had an attorney quitthe law firm.  We have had very fewparalegals leave the firm.  Theconsistency of our team is because of the culture that is set by the people.  Let me tell you a little about these amazingpeople.

In spite ofretiring a few years ago, Cindy remains one of my closest friends.  It would have been impossible to start thisfirm without her.  Her willingness totake this chance with me is something that will fill me for the rest of mylife.  She supported me when I needed tobe supported.  She also challenged mewhen I needed to be challenged.  Some ofmy favorite memories with Cindy are the early days, when she and I workedthrough the processes that are necessary to start a business: websites, payroll,insurance, leases, budgets, bank accounts, and a thousand other things.  I am so glad that she continues to be a partof the firm, regularly showing up at MU events. 

These ten yearshave been a rich journey that would not have been rich without Rita, Jenna, andAmy.  These three outstanding women arethe lifeblood of the firm.  They haveworked on the hardest cases, and for the largest and most demanding clients.  They have put in countless hours in these tenyears (As I type this, on a Saturday morning at my desk, Jenna is across thehall working on a case).  I cannot thankthem enough. 

Rita recently earneda promotion to become MUs Human Resource Manager, although she still pitches inas a paralegal during busy times.  Shewas my first hire back in 1999.  She hasa dedication, an energy, and a sense of ownership of MU that is incomparable.  She is always the first one at the office, andsometimes, the last to leave. 

Jenna constantlygoes far beyond what any employer should ask of her.  Her passion for the work has brought clientsto tears of joy.  These thankful clientshave sent her beautiful emails and gifts to recognize her part in making theirAmerican dream come true.  Like Rita, Jenna’swork ethic is unbounded.

Amy has a unique senseof honing in on exactly what the client needs. It is most evident in herability to communicate confusing immigration concepts in a clean style.  This ability has put many, many client’sminds at ease.  But that’s not her onlytalent: Amy’s baking skills are responsible for the cupcakes.

Our attorney teamis outstanding.  I was proud to inviteMaria into the partnership this past January. She has been at MU since 2011, and quickly fell into the MU way of doingthings.  She is a smart, hardworkinglawyer, who has blossomed into much more than just a co-leader.  She takes her leadership skills beyond the MUdoors.  She founded the Cincinnati BarAssociation’s Immigration Committee. That proved so successful that they asked her to join the CBABoard.  She teaches at the University ofCincinnati’s Law School as an Adjunct Professor.  She came into the firm with a passion for immigrants– a passion that even drove her to marry one! 

Anshu is our nextlongest tenured lawyer.  Her ability to workthrough any problem with grace under fire is something that everyone shouldenvy.  She never gets frazzled, no matterthe challenge in front of her.  Sheconcentrates entirely on the solution.  It’sremarkable.  Maria and I can’t wait to bringher into the partnership.

Shabnam was ourfirst student law clerk that we offered the opportunity to join MU, a decisionthat has worked out so well that we repeated it with Allyson, Olivia, Rob, andsoon, Megan.  John is our only lateralattorney, and we’re lucky that he left Montreal to come back to Cincinnati.  This group shares strategies, and genuinelycares about each other’s success.  Wehave great and productive attorney meetings where the energy for the workreally shows.

Beyond the threeoriginals, we have an enormously talented group of paralegals.  Nicole was an old friend who took a few yearsaway from paralegal work, came back, and hasn’t missed a beat.  She is laser-focused on getting cases filedand approved.  We plucked Annalisa rightout of paralegal school and, as with Shabnam and the attorneys, has been such apleasure to work with that we repeated the practice with Heather, Candice,Julia, Ally, and Tyler. 

Ana, Mary, Tina,Denna, Gwendolyn, Aigerim, and Tess, came to MU from a variety of differentbackgrounds.  Some are immigrants or comefrom first-generation families.  Some arenatives.  All are Americans.  And all are very much appreciated.  Like the US itself, the diversity of our team’spersonality, race, gender, vibrancy, and background, enhances the experiencethat we all have with each other.

This entireexperience would be impossible without our inspiring clients.  These businesses are not just from here inGreater Cincinnati, but from Florida, Texas, New York, New Jersey, Iowa,California, Washington DC, Maine, Alabama, Missouri, Tennessee, Pennsylvania,and, well now that I think about it, every state.  We have even secured a visa for healthcareworker in rural Alaska.

Many of thebusiness clients started with us from the day that we opened the law firm’sdoors.  Many started small and have developedinto exciting companies.  Together theyemploy thousands of immigrants, and tens of thousands of Americans.  They serve literally millions of people.  They have grown as we have grown.  The product of these client relationships isexponential.  

The owners andleaders of these companies are not just business colleagues, but genuine friends.  We call and email and text at weird hours andon weekends.  I have been to many of theirhomes.  I have met their spouses,children, and parents. 

Our clients arefrom countless countries around the world, most often from the Philippines andIndia.  I have worked with thousands ofwonderful people from these two lovely countries helping them achieve what myown family achieved a generation ago: legal passage to the US to a place thatlets them maximize their talents.  I havehad the chance to visit both countries and have a deep appreciation for theirvalues and ethos, and maybe a little too much of an appreciation for theirfood. 

Beyond these twoincredible countries, MU has worked with clients from nearly every country inEurope, much of Asia, Africa, and North and South America.  Still we can do more.  We have not yet immigrated any penguins fromAntarctica. 

The next tenyears will be exciting.  Immigration is adynamic area of law.  We will be moving our office into larger space in the fall, having outgrown our home at 205 WFourth Street. 

We have astalwart group of experienced employees who continue set a model tone.  We have a collection of younger employees whoinfuse this place with enormous energy.  Thankyou to everyone who has been a part of ten wonderful years.  I can’t wait to see what happens over thenext ten.

With anincredible amount of thankfulness and gratitude,
Chris

ROLL CALL: US HEALTH CARE WOULD COLLAPSE WITHOUT FOREIGN NURSES

An article in Roll Call highlights thesignificant damage that the Fairness Act would do to American healthcare, apoint that we have raised in the past.  As we said then,
The Fairness for High-Skilled Immigrants Acthas a worthwhile aim: eliminating the incredibly long backlog for Indian EB2and EB3 applicants.  Musillo Unkenholt is in favor of the bill,provided that it is modified in a way to allow nurses to continue to come tothe US.  As it is currently structured, the Fairness for High-SkilledImmigrants Act would eliminate nurse immigration into the US.
Fortunately, there is a betterway.  Last week, Sen.Rand Paul (R-KY) introduced the BELIEVE Act.  This Act merges the Fairness Act withincreased employment-based immigration numbers and preserves visas for thoseoccupations that are in such short supply that the importation of these workershas no negative impact on the wages and working conditions of US labor.  Musillo Unkenholt strongly supports theBELIEVE Act.

AUGUST 2019 VISA BULLETIN: ANALYSIS AND FAQ

The Department of State has just issued the August2019 Visa Bulletin. This is the eleventhVisa Bulletin of Fiscal Year 2019. This blog post analyzes this month’s VisaBulletin. 
August 2019 Visa Bulletin
Table A: Final Action Dates — Applications with these datesmay be approved for their Green Card (Permanent Residency card) or Immigrant Visaappointment.
Employment-
based
All Other
CHINA
INDIA
PHILIPPINES
1st
01JUL16
01JUL16
01JAN15
01JUL16
2nd
01JAN17
01JAN17
02MAY09
01JAN17
3rd
01JUL16
01JAN16
01JAN06
01JUL16
Table B: Dates for Filing — The DOS may work onapplications with these dates. But the Visa cannot be approved until the dateis current per Table A.
Employment-
based
All Other
CHINA
INDIA
PHILIPPINES 
1st
01SEP18
01OCT17
01OCT17
01SEP18
2nd
C
01FEB17
01JUN09 
C
3rd
C
01JUN16
01APR10
C
MU Law Analysis (all references are to Table A unless noted)
TheDOS has retrogressed nearly all categories in August.  This happens almost every year.  It is nothing to be concerned about.  The DOS noted that:
The implementation of the above mentioneddates is expected to be only a temporary issue.  For October, the firstmonth of fiscal year 2020, every effort will be made to return these finalaction dates to those which applied for July.
FAQ
Musillo Unkenholt has received many emails and phone callsfrom people who have questions about this Visa Bulletin.  We have put together this FAQ for all readersof the MU Law Blog.
Q.  Why do the August and September Visa Bulletinsalways have unusual progressions and retrogressions?
A. These two Visa Bulletins are the final two Visa Bulletinsof the US Fiscal Year, which runs from October 1 – September 30.  The DOSmust make sure that it uses all 140,000 employment-based immigrant visas. If it does not use all 140,000 immigrant visas, then the visas do not roll overinto the next fiscal year.  On the other hand, the DOS cannot use morethan 140,000 immigrant visas or else they violate federal law.  
Q. The Philippine and All Other EB2 retrogressed for thefirst time in many years.  Does this mean that the Philippine EB2 and AllOther dates will permanently be retrogressed?
A.  No.  This is a temporary retrogression thatwill only last until October 1, 2019.  The DOS expects that the OctoberVisa Bulletin will be Current for both Philippines and All Other EB-2.
Q.  If I have an interview will I still be able to getmy green card?
A.  If you have an interview before July 31, you willbe able to get your green card.  Howeverif you do not have an interview until August or September, the interview may bepostponed until October.
Q. At what rate will the Philippine EB-3 and All Other EB-3move in 2019 and 202?
A.  The DOS indicated that the Philippine EB-3 and AllOther EB-3 should remain Current or almost Current after October 1.  After October, we expect continued favorableVisa Bulletins for these categories.
Please post any otherquestions to the blog or Facebook and we will try to timely answer.

IMMIGRATION 101: AN OVERVIEW OF EMPLOYMENT-BASED IMMIGRATION OPTIONS

MU Law will be hosting afree webinar for our clients and friends on Wednesday August 21, 2019 at 2PM /11AM PT. Interested clients and friends can register for our webinar byclicking on the link below.
This webinar will providea high level overview of a variety of work visa classifications.  An Immigration 101 session, this webinar willgive clients a general understanding of the visa options available for employeesat all levels of any organization.   
Webinar Agenda:
  • Overview of H-1Bs
  • OPT and CPT work authorization for students
  • Free Trade Visas, i.e. TN, H-1B1, and E-3
  • Visas for Entrepreneurs, e.g. L-1A, L-1B, E-1, and E-2
  • Summary of the green card process for employees
  • Q&A
PLEASE JOIN US!

JULY 2019 VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has just issued the July2019 Visa Bulletin. This is the tenth Visa Bulletin of Fiscal Year2019. This blog post analyzes this month’s Visa Bulletin. 
July 2019 Visa Bulletin
Table A: Final Action Dates — Applications with these dates may beapproved for their Green Card (Permanent Residency card) or Immigrant Visaappointment.
Employment-
based
All Other
CHINA
INDIA
PHILIPPINES
1st
22APR18
08MAY17
01JAN15
22APR18
2nd
C
01NOV16
24APR09
C
3rd
C
01JAN16
01JUL09
C
Table B: Dates for Filing — The DOS may work onapplications with these dates. But the Visa cannot be approved until the dateis current per Table A.
Employment-
based
All Other
CHINA
INDIA
PHILIPPINES 
1st
01SEP18
01OCT17
01OCT17
01SEP18
2nd
C
01FEB17
01JUN09 
C
3rd
C
01JUN16
01APR10
C
MU Law Analysis (all references are to Table A unless noted)
All Other: TheEB-1 category stayed still.  We do notsee any retrogression in the future for EB2 or EB3, other than the usualretrogression at the end of the Fiscal Year.
China:  China EB-1 moved three months.  China EB-2 moved 3 months, a fifteen-monthprogression so far in 2019’s calendar months. EB-3 also moved ahead about three months — which reflects continueddemand in EB-3, likely related to the many EB-3 “downgrades”.  EB-2 remains superior to EB-3.
India: There was verylittle movement in any of the Indian categories.  EB-1 will almost surely not move in FY 2019.  We do not expect any significant Indianmovement this fiscal year.  Longer term,we are slightly more optimistic about India EB-3, which should progress fasterthan EB-2.

Philippines: The EB-3 iscurrent!  We do not expect anyretrogression in the near future.  Greatdays for Philippine employment-based nationals.

US DEPARTMENT OF STATE ADDS QUESTION REGARDING SOCIAL MEDIA ACCOUNTS

TheUS Department of States (DOS) has added a question to both the immigrant visaapplication (DS-260) and non-immigrant visa application (DS-160) asking for theapplicant’s social media information. Specifically, the form asks which social media platforms the applicanthas used in the last five years and provides a dropdown with a list ofoptions.  Once the platform is selected,the form requires the applicant provide his/her username or handle for the socialmedia account.  The US DOS will reviewany social media the applicant uses to collaborate, share information, andinteract with others in an effort to heighten security and further vetapplicants for entrance to the US. 

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