MU LAW IS NOW ON LINKED IN
July 11, 2017
MU Law has a vibrant social media presence, which now includes Linked In.
If you are on Linked In, please take a moment a follow MU Law on Linked In. We will be cross-posting articles and items of interest.
We also have 1000+ followers on Facebook. Are you one of our followers? If not, please follow us there too!
POST H-1B CAP 2017 & TRUMP ADMINISTRATION WEBINAR
June 26, 2017
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Comejoin us as MU Law explores the latest legal topics on the H-1B Cap 2017 &the Trump Administration by hosting a free educational webinar
Who's Invited?
Clients& Friends
When?
June29, 2017 @ 3PM / 12PM PT
Where?
TheWebinar will take place on Livestorm.co
Please click the link below to register
Pleaseregister for the conference at Livestorm.co
Youwill be provided a link for the event once registered!
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Thisyear, the H-1B cap was reached in the first week with approximately 199,000petition filings. Our webinar will feature in a range of topics including:
Alternatives for employees not chosen in this year’s CAP;Preparing your employee for the consulate interview; H-1B Dependency Rule &Issues with staffing companies; H1-B Amendments; Site Visits, and more.
Thewebinar will also have a special update on the new Trump Administration. MULaw’s Chris Musillo, who has recently traveled to Washington DC, will providean update on what potential changes will be coming to employment-basedimmigration considering the new administration and recently issues memos.
Thewebinar will last for approximately 90 minutes, including a liveQ&A session at the end.
We hope to see you there!
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Formore information on the agenda of the webinar, please see below. Thank you.
- H-1B Cap
- Alternatives for employees not chosen in this year's CAP
- Preparing your employee for the consulate interview
- On-boarding an employee
- H-1Bs in 2017
- H-1B Dependency Rule (LCA & 50/50 rule)
- H-1B issues for Staffing Companies and Third-Party Placements
- What is Third-Party Placement v. In-House work?
- March 31, 2017 Computer Programmer Memo
- Rescinds the December 22, 2000 Terry Way memo issues to the Nebraska Service Center
- Implications for future H-1B filings
- H-1B Amendments
- Short Term Placement Rule (30-day rule)
- Amendment pending but employee is now moving to new work site. What is the Employer's strategy?
- Employee is still abroad but work site changes
- Pending H-1B CAP case but the assignment no longer exists
- Site visits
- How can the Employer prepare for a site visit?
- How can you prepare your employee for a site visit?
- Immigration in the era of the Trump Administration
- Traveling and Consular Process
- Potential regulatory changes
- Potential legislative changes
- Q&A
VISA BULLETIN UPDATE: PHILS EB-3 SHOULD ADVANCE INTO 2015
June 21, 2017
The Department of State’s VisaBulletin guru, Charlie Oppenheim, hosts monthlymeetings with the American Immigration Lawyers Association. Charlie Oppenheim is the Department of State’sChief of the Control and Reporting Division. He is the officer who isresponsible for producing the Visa Bulletin each month.
This month’s Check In With Charliefeatured predictions about EB2 and EB3, which are the most popular categoriesfor readers of this Blog. Here are someof this month’s highlights:
Philippine EB-3: Charlieexpects to aggressively move this category into mid/late 2015 before the end ofthe fiscal year (September 30, 2017). MULaw believes that the category will continue to be positive, although we do notexpect that the significant progression will continue once the Visa Bulletin afterthe fiscal year, because demand for Philippine EB-3 was heavy in 2016. Having said that, we do expect continuedsteady movement forward.
Worldwide EB-3: Thiscategory should continue to be effectively current, with a retrogression ofonly a few weeks/months.
India EB-2: Charlie expectsminimal movement forward. Charlie claimsthat 40 percent of the India EB-2 demand is from India EB-3 upgrades.
India EB-3. This number will be aggressive advanced becauseWorldwide EB-3 demand has slowed. As amatter of process, unused Worldwide EB-3 numbers spill into the slowest EB-3category (India).
JULY 2017 VISA BULLETIN: ANALYSIS AND PREDICTIONS
June 9, 2017
The Department of State has just issued the June 2017 Visa Bulletin. This is the ninth Visa Bulletin of Fiscal Year 2017. This blog post analyzes this month's Visa Bulletin.
July 2017 Visa Bulletin
July 2017 Visa Bulletin
Final Action Dates
Applications with these dates may be approved for their Green Card (Permanent Residency card).
Applications with these dates may be approved for their Green Card (Permanent Residency card).
EB Class | All Other | CHINA | INDIA | MEXICO | PHIL'PNES |
EB-1 | C | 01JAN12 | 01JAN12 | C | C |
EB-2 | C | 22MAR13 | 22JUL08 | C | C |
EB-3 | 08JUN17 | 01JAN12 | 15FEB06 | 08JUN17 | 15MAY14 |
MU Law Analysis
All Other: The EB-2 has been current for many years. The EB-3 progression continues to be effectively current.
China (mainland-born): The DOS instituted a retrogression for China EB-1 with the June Visa Bulletin. The continued high level of demand for EB-1 numbers for USCIS adjustment of status applicants has required the establishment of a date for June. It is expected that this EB-1 retrogression will last until October 2017.
The China EB-2 date again moved up, but only a few weeks. The DOS notes that there has been an extremely large increase in EB-3s during the past month. The China EB-3 date retrogressed. It is now slower than China EB-2. This was predicted last month.
India: As with China, India EB-1 now is retrogressed. It is expected that this EB-1 retrogression will last until October 2017.
EB-2 India moved up about two weeks. EB-3 India jumped into 2006, which is a pleasant surprise. It is not what we expected. The DOS is clearly trying to ensure that all visa numbers are used in FY2016.
The China EB-2 date again moved up, but only a few weeks. The DOS notes that there has been an extremely large increase in EB-3s during the past month. The China EB-3 date retrogressed. It is now slower than China EB-2. This was predicted last month.
India: As with China, India EB-1 now is retrogressed. It is expected that this EB-1 retrogression will last until October 2017.
EB-2 India moved up about two weeks. EB-3 India jumped into 2006, which is a pleasant surprise. It is not what we expected. The DOS is clearly trying to ensure that all visa numbers are used in FY2016.
Mexico: Mirrors All Other in all aspects.
Philippines: EB-3 moved ahead one full year! The Philippine EB-3 number essentially cleaned out all of the 2010, 2011, 2012, 2013, and half of 2014 EB-3 visas in about 7 months. This is even more positive than we expected. (Our note from September 2016: "This is consistent with internal MU Law analysis which sees this category progressing into 2013 by the Summer of 2017.").
Our internal metrics see the Philippine EB-3 number continuing to progress at a rapid clip for the rest of 2017.
Our internal metrics see the Philippine EB-3 number continuing to progress at a rapid clip for the rest of 2017.
DOL ANNOUNCES HEIGHTENED ENFORCEMENT
June 8, 2017
On June 6, 2017 US Secretary of Labor,Alexander Acosta, announced new Department of Labor (DOL) actions to enforcework visa programs. This announcementwas made in support of President Trump’s Executive Orderon Buy American and Hire American.
The Secretary’s actions areoutlined in a newsrelease issued by the DOL. Secretary Acosta has determined it is the policyof the DOL to vigorously and actively enforce laws governing visaprograms. The DOL actions forenforcement include:
- The DOL Wage and Hour Division will conduct more civilinvestigations and site visits.
- The DOL Employment and Training Administration willdevelop and propose changes to the LCA (Labor Condition Application) as well asother forms to better identify violations and fraud. Among other things,the DOL will be looking at how to better monitor LCA filings for violations andprevent fraud with regard to the:
- exemptions for H-1B dependent employers where the employeehas a master’s degree or greater or makes $60,000/year or more;
- the rate of pay listed on the LCA; and
- the worksite location(s) listed on the LCA.
- The DOL will actively coordinatewith and refer cases to the Inspector General and Attorney General in cases of criminal fraud,which is outside the DOL’s jurisdiction.
- There will be additional trainingof DOL Officers to detect civil and criminal fraud.
- The DOL will continue to work withthe US Department of Justice and US Department of Homeland Security toinvestigate, detect, and prevent fraud in all visa programs.
DINNER AT AILA
June 2, 2017
Are you an immigration attorney whois going to the AILA Annual Conference in New Orleans? If so, andif you do not have plans on Thursday evening, please join us fordinner.
For the last several years a groupof AILA lawyers who practice in healthcare have gotten together for a dinner onthe Thursday of AILA Annual week. Most years we have about 15-20 peopleattend. Every year a few new people join the group.
It is a great chance to catch upwith old friends (and new ones!). It is a casual event. If you are an AILAattorney who is interested in attending this year’s dinner, please let me know howmany will be attending from your group by June 16. Friends, spouses, etc. arealso welcome.
USCIS DENYING GREEN CARDS TO OVERQUALIFIED BSN NURSES
May 30, 2017
MU Law is aware that the USCIS hasbeen denying/issuing RFE/NOIDs on I-140s when nurses hold a BSN. The USCIS somehow has been finding that BSNnurses are not qualified for nursing positions that require an Associate’sdegree in nursing (ASN). USCIS claimsthat the I-140 should be denied because the BSN does not meet the exactrequirements on the ETA Form 9089.
This is ridiculous decision-makingby USCIS. The BSN is, of course, ahigher degree than an Associate’s degree. BSN nurses are more than qualified for these positions. The law is clearthat any I-140 beneficiary can have additional skills, experience, or educationbeyond the requirements stated in the ETA Form 9089 and still meet the minimumrequirements of the position.
MU Law and others have reached outto USCIS through AILA, suggesting that this is a training issue at USCIS . As per a recentAILA update, USCIS is looking into this issue. We hope to have a positive update soon.
CHECKING IN ON THE VISA BULLETIN
May 24, 2017
The Department of State’s VisaBulletin guru, Charlie Oppenheim, hosts monthlymeetings with the American Immigration Lawyers Association. Charlie Oppenheim is the Department of State’sChief of the Control and Reporting Division. He is the officer who isresponsible for producing the Visa Bulletin each month.
This month’s Check In With Charliefeatured predictions about EB2 and EB3, which are the most popular categoriesfor readers of this Blog. Here are someof this month’s highlights:
EB-3 Worldwide. Charlieexpects EB-3 Worldwide to continue to be “effectively current” for theforeseeable future.
EB-3 India. Charlie predicts that the July final action date forEB-3 India will advance to October 15, 2005, which he reiterated at a May 18,2017 meeting with AILA in Washington, D.C.
EB-2 India. Previously, Charlie believed that this category willrecover to FY2017’s final action date. Unfortunately, he no longer believes this tobe the case. This category mayretrogress or exhaust in August, until October 1, 2017.
EB-3 Philippines. Charliedid not comment on EB-3 Philippines, but MU Law’s internal tracking indicatesthat this category will continue to progress at the same rate as the last fewmonths.
H-1B CAP UPDATE
May 23, 2017
On May 3, 2017, the USCIS announcedthat it completedthe data entry for the 2017 (FY 2018) H-1B cap season. MU Law believes that it has received all ofthe H-1B receipts that it will receive this year. Our in-house receipt numbers mirror the overall42% receipt number.
H-1BCap Approval Notices and RFEs. Lastweek, Musillo Unkenholt received its first 2017 H-1B cap approval notices. We have also received our first 2017 H-1B capRequests for Evidence. It is unclear howlong it will take the USCIS to issue approvals and RFEs for the H-1B capcases.
H-1BReturned Petitions. MusilloUnkenholt has not yet received any returned H-1B cap-subject petitions fromUSCIS. Last year, we continued toreceive unselected petitions into August. Our hope is that the USCIS will be faster in light of the 20% decline inH-1B cap petition filings.
H-1BPremium Processing. What is alsounknown is the state of the Premium Processing Service (PPS) for H-1Bpetitions. In March the USCIS revealedthat it would be suspendingPPS for all H-1B petitions, including cap-subject, amendments, andextensions, for as long as 6 months. A 6-monthsuspension of H-1B PPS means that H-1B PPS could be suspended until October 1,2017. USCIS has made no announcement asto whether it will shorten the H-1B PPS suspension since so few H-1B cappetitions were filed.