Musillo Unkenholt Law | Healthcare Immigration Blog

January 28, 2015
Uncategorized

H-1B TELECONFERENCE ON FEB 4

** REMINDER **

In anticipation of the H-1B cap filing date of April 1, 2015, MU Law will be holding a free teleconference for our clients on February 4, 2014 at 2PM / 11AM PT. Interested clients should email MU’s Annalisa Smith, who can register you for the teleconference.

Last year the H-1B cap was reached in the first week; we expect that the demand will be even greater this year. It is imperative that all H-1B cap-subject petitions are filled on April 1, 2015.

H-1B cap-subject petitions include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

In addition to the H-1B cap discussion, MU lawyers will also provide an employment-based immigration legislation update.

January 26, 2015
Uncategorized

THE BEST PROOF THAT THE H-1B IS NOT ABOUT TAKING JOBS

In 2009, a mere9,000 H-1Bs were received in the first month of H-1B processing. It would be 264 days before the H-1B cap wasreached. In 2010, it took 300 days untilthe H-1B cap was reached. In 2011, therewere 236 days between the April 1, 2011 cap opening and the November 23, 2011cap being reached. Not coincidentally,the USemployment rate from 2009-2011 ranged between eight and ten percent.

On the other hand,the H-1B cap was reached on the very first day in 2007, 2008, 2013 and 2014,mirroring the low unemployment rate.

The lack of H-1B petition filings in years when the unemployment rate is high is compelling evidenceagainst the argument that internationally-trained workers are being used todisplace American workers and lower US workers’ salaries.

Why? Because if H-1B visa labor was being usedprimarily to lower US workers’ salaries, then H-1B filing numbers would not correlate with US unemployment rates. Ifanything, the reverse would happen because the incentive to reduce workers’salaries is likely greater in a recessed economy, not less.

This logic isstraightforward and it is a shame that otherwisesuccessful people do not see employment visas for what they are — tools for growing industries to fill labor shortages. Organizations — and governments — work better when they work ondata and not on nonsense.

January 21, 2015
Uncategorized

H-1B TELECONFERENCE FEB 4, 2015

In anticipation of the H-1B capfiling date of April 1, 2015, MU Law will be holding a free teleconference forour clients on February 4, 2014 at 2PM / 11AM PT. Interested clientsshould email MU’s Annalisa Smith,who can register you for the teleconference.

Lastyear the H-1B cap was reached in the first week; we expect that the demand willbe even greater this year. It is imperative that all H-1B cap-subjectpetitions are filled on April 1, 2015.

H-1Bcap-subject petitions include:

*International students working on an EAD card under an OPT or CPT program afterhaving attended a U.S. school

*International employees working on a TN may need an H-1B filed for them inorder for them to pursue a permanent residency (green card) case

*Prospective international employees in another visa status e.g. H-4, L-2, J-1,F-1

*H-1B workers with a cap exempt organization

*Prospective international employees currently living abroad

Inaddition to the H-1B cap discussion, MU lawyers will also provide anemployment-based immigration legislation update.

January 20, 2015
Uncategorized

WILL THE PRESIDENT PUSH CONGRESS ON IMMIGRATION AND WILL IT MATTER IF HE DOES

President Obama isreadying this year’s State of theUnion address. The annual speech isgiven to Congress in late January.

Last year,he barelygave it a mention, stating, “If we are serious about economic growth, it is timeto heed the call of business leaders, labor leaders, faith leaders, and lawenforcement – and fix our broken immigration system.”

Congressfailed to act on his mild plea and no immigration measure passed Congress. Frustrated with Congress’ refusal to act, thePresident announced a large scale immigration reform measure in November, viaExecutive Action.

The broadproposal calls for immigration reform in a number of areas where the President believesthat he can act without Congressional action. About halfof the State’s Attorneys General have sued the President seeking to blockthe enactment of the plan outlined in November.

At thispoint it seems like the President and the Congress are unwilling to make anysteps toward a mutually acceptable immigration bill. House SpeakerBoehner seems more interested in Taylor Swift GIF’s than meaningful legislativemeasures.

January 14, 2015
Uncategorized

CHANGES TO THE MANILA MEDICAL EXAM PROCESS

The US Embassy –Manila has begun a newmedical exam process. EffectiveJanuary 5, 2015, St. Luke’s Medical Center Extension Clinic (SLMCEC) willrelease the medical exam results directly to the applicants unless instructedotherwise by the Panel Physician.

Immigrant Visaapplicants are reminded to bring the sealed medical exam report to theirscheduled interview at the U.S. Embassy Manila. If your medical exam pouch is tampered, the Embassy will instruct you toreturn your exam to the SLMCEC for resealing.

Detailedinformation about the medical exam process is available at the US Embassy’swebsite.

January 12, 2015
Uncategorized

FEBRUARY 2015 VISA BULLETIN

The Department of State has just released the February 2015 Visa Bulletin. This is the fifth Visa Bulletin of the 2015 US Fiscal Year, which began October 1, 2014.

The biggest news is the continued progression of the Philippines EB-3, the Worldwide-All Other (ROW) EB-3 date and the Mexican EB-3 date. These are all now at January 2014.

India EB-2 had a jump in dates as well. It moved seven month and is now at September 2005. India EB-3 continued to move ahead at a snail’s pace. It is December 2003.

The Chinese EB-2 and EB-3 number continued to move inconsistently. China EB-3 remains ahead of China EB-2 which has been the case for much of the last two years.

Employment- Based	All Other	CHINA – mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15MAR10	15SEP05	C	C
3rd	01JAN14	01SEP11	22DEC03	01JAN14	01JAN14

January 8, 2015
Uncategorized

EXECUTIVE ACTION EXPANDS THE USE OF THE EAD

MU’s Maria Schneider authored the Greater Cincinnati Human Resources Association‘s January Guest Blog opinion. Maria’s piece discusses President Obama’s recent Executive Action on Immigration and the expansion of the use of the Employment Authorization Document.

President Obama recently announced the Immigration Accountability Executive Actions (IAEA), a series of changes to immigration policy. At this time, only summary policies have been released; over the next few months, more details will emerge. The earliest of these changes will take effect in the first quarter of 2015.

The following four parts of the IAEA allow individuals to obtain work authorization in the form of an Employment Authorization Document (EAD)(read more on the GCHRA website).

January 7, 2015
Uncategorized

H-1 CAP INCREASE IN 2015?

With the New Year comes a newCongress and the potential for new legislation. Both houses of Congress are firmly in Republican hands, and so all legislationproposed and passed by this Congress will be Republican in nature.

Over the New Year holiday several publicationsindicated that an increased H-1B cap may be first up on the Republicanimmigration agenda. Computerworld suggeststhat the newCongress may move swiftly on increasing the H-1B cap. Reporter Patrick Thibodeau saysthat the Congress may move on the I Squared Act. The I Squared Act, which was authored by Sen.Orrin Hatch (R-UT) had bipartisan support when it wasfirst introduced in 2013.

The I Squared Act (ImmigrationInnovation Act) calls for the H-1B cap to increase to 115,000 per year, fromits current 85,000. Additionally, the H-1B cap would contain a “market-basedescalator” that would increase or decrease the H-1B cap as employer-demandebbed and flowed, although it could never fall below the 115,000threshold. It could conceivably rise ashigh as 300,000 over several years.

Yesterday the WashingtonPost reported that Sen. Hatch reiterated that

“The new Congress has anopportunity to enhance America’s competitive workforce through immigrationreform that will streamline the hiring process for high-skilled individualsentering the United States and by investing in STEM education and training.”

Presumably Sen. Hatch’s “opportunity”includes reviving last year’s I Squared Act.

President Obama has already laiddown his marker with abold Executive Order, which includes giving work permits to about 5 millionundocumented aliens. In using hisExecutive Order, President Obama has shown that he understands the power of thegovernment to effect change. His poweris however eclipsed by Congress’. It isCongress’ turn to act on that power.

December 17, 2014
Uncategorized

VISA BULLETIN PROJECTIONS FOR 2015

AILA holds a regularmeeting with the Department of State’s Charlie Oppenheim, who is the DOS’chief for producing the Visa Bulletin. MULaw has spoken with Mr. Oppenheim several times in the past and have alwaysfound that his projections are well thought out and very accurate.

India EB-2. Mr. Oppenheim suggests that India EB-2 may slightlyprogress in the first-half of 2015. Historically the Visa Office has waited until the summer to advance theIndia EB-2 date.

China EB-3. China EB-3 is expected to continue to advancesince demand has not yet been exceptional. However, as more and more ChinaEB-2 applicants “downgrade” their Application to EB-2, advancement will slow.

President Obama’s Recent ExecutiveAction. The Visa Office reminds usersthat the President’sExecutive Action is not expected to have any impact on the Visa Bulletin. While the Executive Action suggests thatAdjustment of Status applications will be able to be filed much earlier in thegreen card process, these “pre-filings” will not impact the priority dates.

December 10, 2014
Uncategorized

JANUARY 2015 VISA BULLETIN

The Department of State has just released the January 2015 Visa Bulletin. This is the fourth Visa Bulletin of the 2015 US Fiscal Year, which began October 1, 2014.

The Philippines EB-3 yet has again had a substantial progression. It is now at June 2013, which is a progression of six more months. It remains consistent with the All Other (ROW) EB-3 date and the Mexican EB-3 date.

India EB-2 remained stuck at February 2005. The India EB-2 date retrogressed by four years recently and it does not appear that any meaningful progression is imminent. India EB-3 continued to move ahead at a snail’s pace. It is December 2003.