DECEMBER 2019 VISA BULLETIN: ANALYSIS AND PREDICTIONS
November 20, 2019
The Department of State hasjust issued the December2019 Visa Bulletin. This is the third Visa Bulletin of Fiscal Year 2020. This blogpost analyzes this month's Visa Bulletin.
December 2019 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 | 15JUN18 | 15MAY17 | 01JAN15 | 01JUN18 |
| 2nd | C | 22JUN15 | 15MAY09 | C |
| 3rd | C | 01NOV15 | 01JAN09 | 01MAR18 |
MU Law Analysis
All Other: Although All Other EB-1has a slight retrogression, the EB-2 and EB-3 categories remained current andare expected to remain current for the foreseeable future.
China: EB-2 did progress by threemonths. The EB-2 and EB-3 remaininverted, in spite of the fact that China EB-3 did not progress at all. Over the course of FY2020 we expect EB-2 tocatch up to EB-3 and the two categories to stay roughly equal.
India: As with China, the EB-2and EB-3 dates remain inverted. Therewas no material progress in either category. We expect very little progress in either category in future months.
Philippines: Weremain surprised by the slow progress of EB-3. The DOS indicated that demand for Adjust ofStatus cases is tamping down the promotion of dates. Of course, Philippines EB-3 uses much lessAdjust of Status visas than other categories, which makes this explanationsuspect. We still find the EB-3 prioritydate to be too conservative, but at this point we are no longer predicting asrosy progressions in early 2020.
MU IS MOVING OUR OFFICE – WE WILL BE CLOSED NOV 14, 15
November 8, 2019
Musillo Unkenholt will be moving itsoffices on Thursday November 14 and Friday November 15. Accordingly, the law office will be closedover those two days.
Our new office will be at 302 W. Third Street. The official address is:
Musillo Unkenholt LLC
302 West Third Street, Suite 710
Cincinnati, OH 45202
All government agencies have beennotified about the move, including USCIS and DOL. We do not expect any interruption in mail orservice.
We are very excited for the move. We have outgrown our current space. Our new space is 50% larger than our currentspace.
Ifyou are in the Cincinnati area on December 13, please let us know. We will be having an open house in theafternoon.
FEDERAL JUDGE BLOCKS TRUMP’S HEALTH INSURANCE RULE
November 4, 2019
Over the weekend, afederal judge blocked Pres. Trump’s health insurance rule forimmigrant visa applicants. Underthe rule, all intending immigrants would have had to prove that theywere going to enroll in a qualifying health insurance plan within 30 days ofentering the US.
There is no timetable for how long thetemporary restraining order will remain in effect.
USCIS ANNOUNCES FEE INCREASE EFFECTIVE DECEMBER 2, 2019
November 1, 2019
On October 30, 2019 the USCIS announced a proposedrule to increase the premium processing fee. The premium processing fee will be raisedfrom $1,410 to $1,440. The fee increasewill go into effect on December 2, 2019.
Premium processing is an optional servicecurrently authorized for certaintypes of cases, notably filing an H-1B or an I-140. The system allowspetitioners to request 15 day processing of these cases if they pay an extrafee. The premium processing fee is paid in addition to the base filing fee andany other applicable fees.
The USCIS is almost entirely funded by thefees paid by applicants and petitioners for immigration benefits. The USCIS indicates this increase of thepremium processing fee reflects the full amount of inflation from theimplementation of the premium processing fee in June 2001 through August 2019based on the Consumer Price Index for all Urban Consumers (CPI-U).
NFAP: H-1B DENIAL RATES NEARLY 25%
October 30, 2019
According to a newstudy by the National Foundation for American Policy, H-1B denialrates for cap-subject petitions has risen “from 6% in FY 2015 to 24% throughthe third quarter of FY 2019”. Perhapsmore amazing, 12% of extension/amendment H-1Bs are also being denied.
This NFAP study updates prior NFAPH-1B studies from April2019 and August2019. All of the NFAP data iscollected from the USCIS Employer Data hub.
These denials have a grave impact onUS healthcare, especially in rural areas who are increasingly relying onforeign-trained labor to augment incredible staffing shortage. Among the most popular occupations for H-1Bsare: Physical Therapist, Occupational Therapists, and Medical Technologists.
MUwill be holding a webinar on Wednesday November 13, 2019 at 2PM / 11AM PT. Thiswebinar will provide an analysis of current RFE trends and how to beat theUSCIS’s RFE and get your case approved. AGENDAAND REGISTER HERE
HEALTHCARE EMPLOYERS WILL NEED TO UPDATE THEIR HEALTH INSURANCE ENROLLMENT POLICIES
October 21, 2019
Background
Most foreign educated nurses enter theUS through Consular Processing. Becauseof the newPresidential Proclamation that goes into effect on November 3, 2019,Musillo Unkenholt recommends that all US employers of foreign nurses -- and allConsular Processed immigrant visas -- immediately evaluate their corporatehealth insurance programs. Becauseimmigrants will now need to be enrolled in health insurance programs within 30days of entry into the US, employer policies may need to be renegotiated.
MU suggests that employers take thesesteps:
First, review your health insurancepolicy to confirm that new immigrants will be immediately eligible to enroll inhealth insurance programs.
Second, draft a letter outlining theemployer’s health insurance program for immigrants who are attending ConsularProcess interviews after November 3, 2019.
Third, continually follow up withthese immigrants to make sure that they are enrolled in health insuranceprograms within 30 days of entry into the US.
Frequently Asked Questions About thenew Presidential Proclamation on Health Insurance
If the employer’s program currentlycalls for new employees to enroll in more than 30 day will this be a problemunder the new Proclamation?
Yes. Immigrants must be offered the ability to be activated in theiremployer’s health insurance policy within 30 days of entry into the US.
Does the 30 day clock start from whenthe immigrant reports to work or from when the immigrant enters the US?
The 30 day clock starts from when theimmigrant enters the US. Theemployee's start date is irrelevant.
What if the immigrant wants to take afew weeks and visit family before beginning with our company?
It does not matter. The immigrant must be enrolled in the healthinsurance program before the 30th day after entry to the US.
What if the immigrant fails to enrollin the health insurance program within 30 days?
The immigrant could conceivably befound to have committed immigration fraud, and could, theoretically, bedeportable. There is no liability on the part of the employer if the employeefails to enroll.
Can I ask the immigrant to enroll inmarket-based state health insurance plan?
Yes. But the market-based state health insurance plan must be unsubsidized bya US government entity.
Does an employer have to enrollspouses and children of dependents?
In order for spouses and children tobe approved for their immigrant visa they must prove to the Embassy/Consularofficial that they will be enrolled in a health insurance plan within 30 daysof entry into the US. Therefore, thespouses and children must either be eligible for enrollment on the employer’splan within 30 days of entry into the US or they must convince theEmbassy/Consular official that they will be covered under alternative healthinsurance.
Some of my immigrants enter the US toactivate their SSN and state license, but then exit the US after a fewdays. These immigrants then re-enter the USafter their SSN and state license is issued. When do these immigrants need to be enrolled under a health insurancepolicy?
Even though theseimmigrants will be quickly leaving the US, it is still necessary that theyprove to the Embassy/Consular official that they will obtain health insurancewithin 30 days of their initial entry.
NOVEMBER 2019 VISA BULLETIN: ANALYSIS AND PREDICTIONS
October 17, 2019
TheDepartment of State has just issued the November2019 Visa Bulletin. This is the second Visa Bulletin of FiscalYear 2020. This blog post analyzes this month's Visa Bulletin.
November2019 Visa 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 | 01JUN18 | 01FEB17 | 01JAN15 | 01JUN18 |
| 2nd | C | 15MAR15 | 13MAY09 | C |
| 3rd | C | 01NOV15 | 01JAN09 | 01FEB18 |
MU LawAnalysis (all references are to Table A unless noted)
All Other: AlthoughAll Other EB-1 has a slight retrogression, the EB-2 and EB-3 categoriesremained current and are expected to remain current for the foreseeable future.
China: The EB-2and EB-3 remain inverted, in spite of the fact that China EB-3 did not progressat all. Over the course of FY2020 weexpect EB-2 to catch up to EB-3 and the two categories to stay roughly equal.
India: As withChina, the EB-2 and EB-3 dates remain inverted. There was no material progress in either category. We expect very little progress in eithercategory in future months.
Philippines: Aswe expected, EB-3 leapt forward almost 4 months. We still find the implementation of the EB-3priority date to be too conservative. MUexpects that this date will continue to rapidly move in the coming months, andcould return to current in early 2020.
ANALYSIS OF CURRENT RFE TRENDS AND HOW TO GET YOUR CASE APPROVED
October 16, 2019
Don'tforget to register for our free webinar happening Wednesday November 13, 2019 at 2PM / 11AM PT. We hope to seeyou there! Click the REGISTER linkon the right to sign up!
Register Here
This webinar will provide an analysis of current RFE trends and how to beat the USCIS’s RFE and get your case approved.
This webinar will provide an analysis of current RFE trends and how to beat the USCIS’s RFE and get your case approved.
Webinar Agenda:
1. H-1B issues
· Specialty Occupation
· Availability of Work
· Right to Control
2. I-140 Issues
· Bona Fide Offer
· Ability to Pay
3. I-485 Issues
· Maintenance of Status
o F-1 to Green Card
o H-1B to Green Card
4. Q&A
PLEASE JOIN US!
NEW “PUBLIC CHARGE” RULE SUSPENDED
October 15, 2019
On Friday, October 11, 2019three Federal Judges in three separate cases stopped the USCIS fromimplementing the newpublic charge rule, which included using the new versions of the I-485,I-129, and I-539 as well as the implementation of the newform I-944. Until final decisions in these three cases are issued orthe injunction is lifted, USCIS will accept the older versions of theforms.
In addition, late last week,the Department of State created their own public charge rule to mimic the newUSCIS rule. According to the latest information, the Department of Staterule will still go into effect on October 15, 2019 as planned. Thoseobtaining their green card through an Embassy interview will likely needadditional documentation to provide at the Embassy interview. Consultwith your MU attorney in this regard.
CBS News:
UPDATE: The State Department public charge rule will takeeffect tomorrow—but it won't be implemented until a new form is approved, per a@StateDept official via CBS News.
CBS News:
The State Department public charge rule will take effect tomorrow—but it won't be implemented until a new form is approved, per a @StateDept official.— Camilo Montoya-Galvez (@camiloreports) October 15, 2019
So, it will not be implemented tomorrow, per the official.
DHS' public charge rule was blocked Friday:https://t.co/97o96v6lUU