JANUARY 2019 VISA BULLETIN
December 17, 2018
TheDepartment of State has just issued the January 2019 VisaBulletin. This is the fourth Visa Bulletin of Fiscal Year 2019. Thisblog post analyzes this month's Visa Bulletin.
January2019 Visa Bulletin
Table A: Final Action Dates --Applications with these dates may be approved for their Green Card (PermanentResidency card) or Immigrant Visa appointment.
EB Class | All Other | CHINA | INDIA | PHILIPPINES |
EB-1 | 01OCT17 | 15DEC16 | 01DEC16 | 01OCT17 |
EB-2 | C | 01AUG15 | 01APR09 | C |
EB-3 | C | 08JUN15 | 01MAR09 | 22JUN17 |
Table B: Dates for Filing -- The DOS may work on applications with thesedates. But the Visa cannot be approved until the date is current perTable A.
EB Class | All Other | CHINA | INDIA | PHILIPPINES |
EB-1 | 01JUN18 | 01OCT17 | 01OCT17 | 01JUN18 |
EB-2 | C | 08SEP15 | 22MAY09 | C |
EB-3 | C | 01JAN16 | 01JAN10 | 01AUG17 |
MU LawAnalysis (all references are to Table A unless noted)
All Other,Mexico: As we expected, the EB-1 category again moved several months. We expect continued steady movement in thiscategory for All Other. We do not seeany retrogression in the future for EB2 or EB3, other than the usualretrogression at the end of the Fiscal Year.
China: Likewise,the China EB-1 category progressed several months. This category may not moveas fast as All Other in the next few Visa Bulletins. China EB-2 moved twomonths,
EB-3 didnot advance, reflecting high demand. Still, we expect EB-3 to slightly outpace EB-2 in the next few VisaBulletins.
India: IndiaEB-2 and EB-3 did not move. We expect the slow/no progress to be standard forEB-2 in the first part of FY 2019. Weare slightly more optimistic about India EB-3.
Philippines: The EB-3date again also only moved up by week, which is slower than we would have likedto have seen. While over the course ofFY2019, we should eventually see the EB-3 priority date extend into FY2018, wedo not expect too much movement in the next few Visa Bulletins.
TWO PROPOSED H-1B CAP MODIFICATIONS
December 5, 2018
The USCIS has publishedtwo proposed rules that will change H-1B cap processes. While the USCIS hopes that these two rulesare finalized in time for the April 2019 H-1B cap, the USCIS has not yetcommitted to a timeline. The public maycomment on the two proposed rules until January 2, 2019.
The two rules are:
1. Electronic pre-registration for the H-1Bcap. This is a proposed rule that has beenconsidered by USCIS since 2011. Underthe proposal, all H-1B lottery petitions will need to be electronically pre-registeredduring the H-1B pre-registration period from April 1-7. After the pre-registration period hasconcluded, USCIS will run the H-1B lottery. All H-1B lottery winners will then have 60 days to submit the actualH-1B petition. If implemented properly,this should save petitioners and the industry significant expense.
2. H-1B Masters Cap Allocation Preference. USCIS will technically re-engineer the waythat it conducts the H-1B lottery. Theresult of the re-engineering should mean that a slightly greater number of H-1B petitionswill be approved for US Masters Degree H-1B Beneficiaries than under thecurrent H-1B lottery. We previously explained this process on an earlier blog.
1. Electronic pre-registration for the H-1Bcap. This is a proposed rule that has beenconsidered by USCIS since 2011. Underthe proposal, all H-1B lottery petitions will need to be electronically pre-registeredduring the H-1B pre-registration period from April 1-7. After the pre-registration period hasconcluded, USCIS will run the H-1B lottery. All H-1B lottery winners will then have 60 days to submit the actualH-1B petition. If implemented properly,this should save petitioners and the industry significant expense.
2. H-1B Masters Cap Allocation Preference. USCIS will technically re-engineer the waythat it conducts the H-1B lottery. Theresult of the re-engineering should mean that a slightly greater number of H-1B petitionswill be approved for US Masters Degree H-1B Beneficiaries than under thecurrent H-1B lottery. We previously explained this process on an earlier blog.
US DEPARTMENT OF LABOR (DOL) RELEASES NEW LABOR CONDITION APPLICATION (LCA)
November 27, 2018
EffectiveMonday, November 19, 2018, the DOL released a new LCA(Form ETA-9035) which must be used on all immigration filings going forward. Acertified LCA must be included in immigration filings for H-1B, H-1B1, and E-3 status. The DOL generally certifies an LCAapproximately 7-10 days after submission of the LCA to the DOL.
Certifiedand date-valid LCAs in the old format can still be used in immigration filings,provided the LCAs have unused slots in the appropriate filing category, e.g.new employment, continuation of employment without change, etc.
Forall immigration filings, the new LCA requires the legal business name of theend-client(s) as well as the street address of the worksite(s) where theemployee will physically work.
ForH-1B masters cap petitions, the new LCA requires:
o Thename of the institution that awarded the employee’s master’s degree;
o Thefield of study in which the employee’s master’s degree was awarded;
o Thedate on which the employee’s master’s degree was awarded; and
o Documentationsubstantiating the employee’s master’s degree information.
MU’s employer checklists for H-1B, H-1B1, and E-3 filingshave been updated to request this information from employers at caseinitiation.
DECEMBER 2018 VISA BULLETIN: TRENDS AND PREDICTIONS
November 15, 2018
The Department of State has just issued the December 2018 VisaBulletin. This is the third Visa Bulletin ofFiscal Year 2019. This blog post analyzes this month's Visa Bulletin.
December 2018 Visa Bulletin
Table A: Final Action Dates -- Applications withthese dates may be approved for their Green Card (Permanent Residency card) orImmigrant Visa appointment.
December 2018 Visa Bulletin
Table A: Final Action Dates -- Applications withthese dates may be approved for their Green Card (Permanent Residency card) orImmigrant Visa appointment.
EB Class | All Other | CHINA | INDIA | PHIL'PNES |
EB-1 | 01JUL17 | 01SEP16 | 01SEP16 | 01JUL17 |
EB-2 | C | 01JUL15 | 01APR09 | C |
EB-3 | C | 08JUN15 | 01MAR09 | 15JUN17 |
Table B: Dates for Filing -- The DOS may work on applications with thesedates. But the Visa cannot be approved until the date is current perTable A.
EB Class | All Other | CHINA | INDIA | PHIL'PNES |
EB-1 | 01JUN18 | 01OCT17 | 01OCT17 | 01JUN18 |
EB-2 | C | 08SEP15 | 22MAY09 | C |
EB-3 | C | 01DEC15 | 01JAN10 | 01AUG17 |
MU Law Analysis (all references are toTable A unless noted)
All Other, Mexico: As we expected, the EB-1 categorymoved several months. We expectcontinued steady movement in this category for All Other.
All Other, Mexico: As we expected, the EB-1 categorymoved several months. We expectcontinued steady movement in this category for All Other.
China: Likewise, the China EB-1 category progressed several months. This category may not move as fast as AllOther in the next few Visa Bulletins. China EB-2 moved two months, although EB-3 only advanced one week. We expect EB-3 to slightly outpace EB-2 inthe next few Visa Bulletins.
India: The Indian EB-3date moved two months, which was more than expected. There is a chance that EB-3 continues to moveat this pace for the next few Visa Bulletins. We expect the slow/no progress tobe standard for EB-2 in the first part of FY 2019.
Philippines: The EB-3 date again also only moved up by week, which isslower than we would have liked to have seen. While over the course of FY2019, we should eventually see the EB-3priority date extend into CY2018, we do not expect too much movement inthe next few Visa Bulletins.
USCIS ANNOUNCES THE TERMINATION OF SELF-SCHEDULED INFOPASS APPOINTMENTS
November 5, 2018
In 2019, the USCIS plans to expand itsInformationServices Modernization Program throughout the US. This expansion will end self-scheduledInfoPass appointments and instead applicants will use the USCIS website to viewgeneral how-to information, access processing times, check case status, andother information about the processing of immigration cases.
The USCIS states that thetransition to the Information Services Modernization Program has alreadyimproved the delivery of emergency services which can only be provided inperson. USCIS surveys and data determinedthat most people scheduling InfoPass appointments could obtain the sameinformation by calling the USCIS or checking the USCIS website.
Going forward, when the USCIS customerservice representative online or on the phone determines an in-person appointmentis necessary, the customer service representative will schedule theappointment for the applicant.
USCIS MAY IMPROVE US MASTERS CHANCES AT H-1B LOTTERY
October 31, 2018
Bloombergreports that USCISis considering a proposal that will slightly improve the chances of US MasterDegree holders to win the H-1B lottery. If the proposed change had been in effect in April 2018 numbers, about2,700 more US Masters degree holders would have won the lottery, at the expenseof 2,700 regular H-1B cap winners (non-US Master’s degree). USCIS selects 85,000 H-1B cap lottery winnerseach April.
USCIShas signaled that it wants to reorder the way that it runs the lottery. Under the present lottery program, the USCISsegregates all of the H-1B beneficiaries who hold Masters degrees and runs a“Masters-only” lottery. It then takesall of the Masters lottery-losers, combines them with the regular H-1Bbeneficiaries and runs the regular-cap lottery.
Theproposal calls for the USCIS to reverse the process. The USCIS would run the regular lotteryfirst. The regular lottery would includeboth regular cap petitions and Master’s degree holders. Then, USCIS would take all Masters degreelosers and run a Masters lottery. Asshown in the 2018 example, the result would be that slightly more Mastersdegree holders would win the lottery at the expense of slightly fewernon-Masters cap beneficiaries.
REMINDER: USCIS POLICY MEMOS WEBINAR NOV. 7
October 24, 2018
As a reminder, MU is hosting a free webinar on November 7.
Over the last six months, the USCIS has issued several new policy memorandums. Join us for a webinar recapping these new memos and recent trends in adjudications. The webinar will cover:
- Denial Notices issued without an RFE/NOID
- Notice to Appear (NTA) issuance
- OPT/F-1 updates (including unlawful presence and 3rd party work-sites on OPT)
- H-1B 3rd party work-site and itinerary memo
- Rescission of deference to previous approvals
Please click the link below to register for the webinar.
This webinar is for MU Law clients and friends of the firm.
We look forward to speaking with you!
NOVEMBER 2018 VISA BULLETIN: TRENDS AND PREDICTIONS
October 12, 2018
The Department of State has justissued the November 2018 Visa Bulletin. Thisis the second Visa Bulletin of Fiscal Year 2019. This blog post analyzesthis month's Visa Bulletin.
November 2018 Visa Bulletin
Table A: FinalAction Dates -- Applications with these dates may be approved for their GreenCard (Permanent Residency card) or Immigrant Visa appointment.
Table B: Dates for Filing -- The DOS may work on applications with these dates.But the Visa cannot be approved until the date is current per Table A.
MU Law Analysis (allreferences are to Table A unless noted)
All Other, Mexico: Unfortunately no movement. Movement should start again in the next monthor two.
China: The Chinese dates barely moved in November. Weexpect the slow/no progress to be standard in the first part of FY 2019.
India: The Indian dates did not move in November. Weexpect the slow/no progress to be standard in the first part of FY 2019. After that we expect slow, but regularprogressions.
November 2018 Visa Bulletin
Table A: FinalAction Dates -- Applications with these dates may be approved for their GreenCard (Permanent Residency card) or Immigrant Visa appointment.
EB Class | All Other | CHINA | INDIA | PHIL'PNES |
EB-1 | 01APR17 | 01JUN16 | 01JUN16 | 01APR17 |
EB-2 | C | 15MAY15 | 26MAR09 | C |
EB-3 | C | 01JUN15 | 01JAN09 | 08JUN17 |
Table B: Dates for Filing -- The DOS may work on applications with these dates.But the Visa cannot be approved until the date is current per Table A.
EB Class | All Other | CHINA | INDIA | PHIL'PNES |
EB-1 | 01JUN18 | 01OCT17 | 01OCT17 | 01JUN18 |
EB-2 | C | 15JUN15 | 22MAY09 | C |
EB-3 | C | 08AUG15 | 01OCT09 | 01JUL17 |
MU Law Analysis (allreferences are to Table A unless noted)
All Other, Mexico: Unfortunately no movement. Movement should start again in the next monthor two.
China: The Chinese dates barely moved in November. Weexpect the slow/no progress to be standard in the first part of FY 2019.
India: The Indian dates did not move in November. Weexpect the slow/no progress to be standard in the first part of FY 2019. After that we expect slow, but regularprogressions.
Philippines: The EB-3 date moved up by week, which is agood sign, considering most other categories in this month’s Visa Bulletin didnot progress. Over the course of FY2019, we should eventually see the EB-3priority date extend into CY2018, both in Tables A and B.
USCIS ISSUES GUIDANCE ON NEW NOTICE TO APPEAR (NTA) POLICY
October 4, 2018
TheUSCIS has backtracked from a proposed policy change that would have placed H-1Band other employment-based workers immediately into deportation processing afterthe denial of a petition. USCIS hasdecided to only enforce this new policy for denials of:
- I-485, Adjustment of Status
- I-539, Application to Extend/Change Nonimmigrant Status(typically, H-4, F-1, and B-1/B-2).
Underthe revised policy, USCIS will send special letters to deniedapplicants if their I-94 card is expired. The special denial letter is designed to provide adequate notice toapplicants that they should depart the US. If the applicant does not timely depart the United States, USCIS mayissue a Notice to Appear (NTA). An NTAinitiates deportation proceedings. Youcan read more about the NTA policy on our earlierblog post.
USCISwill prioritize the issuance of an NTA in cases of:
- Criminal records
- Fraud or misrepresentation
- National security concern
TheUSCIS will continue to use prosecutorial discretion when issuing an NTA inthese instances on a case-by-case basis.