Musillo Unkenholt Law | Healthcare Immigration Blog

June 10, 2014
Uncategorized

JULY 2014 VISA BULLETIN

The Department of State has just released the July 2014 Visa Bulletin. This is the tenth Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.

The Philippines EB-3 jumped again. It is now into 2009, which is a two year jump in the last two months.

India EB-2 also dramatically moved forward. It progressed four years to September 2008.

The Chinese EB-3 number stayed back at October 2006.

The All Other EB-3 held steady as well. It remains at April 2011. Our sense is that it will not progress until the next US fiscal year.

Employment- Based	All Chargeability Areas Except Those Listed	China – mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JUL09	01SEP08	C	C
3rd	01APR11	01OCT06	01NOV03	01APR11	01JAN09

June 4, 2014
Uncategorized

US EXTENDS CW-1 PROGRAM THROUGH 2019

Since 2008, the UShas sought to harmonize the immigration laws of the Commonwealth of theNorthern Mariana Islands (CNMI) with the mainland US. Part of this initiative was the establishmentof a CNMI-OnlyTransitional Worker (CW-1) visa classification allows employers in the CNMIto apply for temporary permission to employ nonimmigrant workers who areotherwise ineligible to work under other nonimmigrant worker categories. The CW-1classification provides a method for transition from the former CNMI foreignworker permit system to the U.S. immigration system. The law also provides a CW-2 for dependentsof CW-1 visa entrants.

On June 3, 2014,the US Department of Labor announced that itwas extending this program through December 31, 2019. The CW-1 program had been set to expire atthe end of this year.

Philippinenationals make up a large number of the CW-1 visas that are granted. The US Embassy – Manila has a webpage dedicated toexplaining the CW-1 process.

The largest islandin the CNMI is Saipan, where 90% of the CNMI population resides. For this reason many people use the “Saipan”to mean “CNMI”.

May 28, 2014
Uncategorized

MAKING THE PAYMENT FOR THE PRODUCTION OF YOUR GREEN CARD

US Green cards areeither approved domestically through the I-485, Adjustment of Status process,or approved abroad through the Consular process. When the approval is made atthe Consulate, the immigrant must make a final payment of $165 to the USCISbefore they will start the production of the green card.

The $165 USCISImmigrant Visa fee is for the cost of producing the green card. This payment must be made through the USCIS ELIS (Electronic Immigrant System)on-line payment system.

MU Law encouragesyou to make this payment after you receive the immigrant visa packet from theUS Consulate or Embassy, before you come to the US. Until this payment is made the USCIS will notstart production on your green card.

Atthe time of your interview at the U.S. embassy or consulate, the DOSinterviewing officer should give you a USCIS Immigrant Fee handout. Thisdocument provides instructions on how to pay the $165 immigrant fee andincluded your A-Number and DOS Case ID. Your A-Number and DOS Case ID arelocated in the top right corner.

May 20, 2014
Uncategorized

OPTIONS FOR FOREIGN STUDENTS ON OPT

One of the largest blocks ofapplications for the H-1B cap is foreign students who are currently working onOPT (optional practical training). Students who are authorized to work on OPTwill hold an employment authorization document (EAD) or card. The validity dates of the student’s workauthorization under OPT will be printed on the face of the card.

Students with work authorizationunder OPT whose H-1B has been chosen under the cap are eligible for cap-gapwork authorization. The student should present the H-1B receipt notice tohis/her international student office. The school will issue a new I-20 tothe student extending his/her work authorization to October 1 when the H-1Bwill take effect.

If the student’s H-1B has not beenchosen under the cap, the student must stop working on the end date of his/herOPT authorization. The student then has the following options:

1. If the employer participates ine-verify and the student’s degree is in a STEM (science, technology,engineering, and mathematics) field, the student may qualify for an extensionof their OPT.

2. The student can change to adifferent immigration status, such as H4 or L2.

3. The student can return to schoolto seek a new degree. The student should contact his/her school to havehis/her SEVIS record updated or transferred to a new school.

4. The student can depart the USand return to his/her home country.

At the end of the OPT period, the studenthas a sixty day grace period during which the student is not authorized to workbut is authorized to remain in the US to conclude his/her affairs and pursueone of the options above.

May 14, 2014
Uncategorized

H-4 EAD RULE IS ELIGIBLE FOR COMMENT

The Department ofHomeland Security has formally proposed theH-4 EAD rule. The rule, if passed asdrafted, will allow H-4 spouses of H-1B holders to obtain EAD employmentauthorization. Several major news publications,including Bloomberg BNA, have picked up on the news. MU Law attorney Chris Musillo was interviewedfor theBloomberg article.

DHS estimates thatthis rule will allow about 100,000 H-4 spouses to obtain work authorization, representinga tiny proportion of the overall workforce (0.0647%), and that figure assumesthat every single possible H-4 spouse immediately files for the work authorization.

On the other handthe enactment of the regulation will provide tangible benefits for the H-4 spouseswho will be able to enter the labor market earlier than they would haveotherwise been able to due to lack of visa availability. The DHScontinues,

While there would be obvious financialbenefits to the H-4 spouse and the H-1B nonimmigrant’s family, there is alsoevidence that participating in the U.S. workforce and making gains insocio-economic attainment has a high correlation with smoothing an immigrant’sintegration into American culture and communities.

The comment periodwill remain open until July 11, 2014. After that the DHS must review the comments and issue a final publishedlaw.

NOTE – the Bloomberg article is reproduced with permission from Daily Labor Report, 87 DLRA-3 (May 6, 2014). Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>

Bloomberg DHS Regs Story.pdf

May 7, 2014
Uncategorized

JUNE 2014 VISA BULLETIN

The Department of State has just released the June 2014 Visa Bulletin. This is the ninth Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.

The Philippines EB-3 continued to move steadily. It is now into 2008.

The Chinese EB-2 and EB-3 are no longer inverted. The Chinese EB-3 moved all the way back to October 2006. It remains to be seen if the Chinese EB-2 and EB-3 swap places again in the next US fiscal year, which starts October 1, 2014.

The All Other EB-3 moved back as well. It is now April 2011. Our sense is that it will not progress until the next US fiscal year.

The Indian numbers basically remained the same.

Employment- Based	All Chargeability Areas Except Those Listed	China – mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	22MAY09	15NOV04	C	C
3rd	01APR11	01OCT06	15OCT03	01APR11	01JAN08
Other Workers	01APR11	01JAN03	15OCT03	01APR11	01JAN08

May 6, 2014
Uncategorized

MANY H-4s NOW ALLOWED TO GET EADs

Asexpected the Department of Homeland Security has just issueda press release announcing that some H-4 nonimmigrants will be allowed toapply for EAD (Employment Authorization Documents) cards. H-4 nonimmigrants are spouses of H-1Bworkers. The EAD cards will allow H-4spouses to work in any occupation. Thisis a major change that has been consideredfor several years.

Inorder to qualify for the EAD card the principal H-1B worker must have either:

1. Anapproved I-140; or

2. APERM Application (Labor Certification) that has been pending for at least one year.

Thisproposed rule will help many H-4 spouses who are prohibited from working becauseof retrogression. At a press conference this morning, the DHS indicated that 97,000 H-4 spouses would be immediately eligible for the EAD. It is an enormous stepin the right direction and DHS and Deputy Secretary Alejandro Mayorkas deservespraise for their effort to produce a meaningful, well-thought out rule aimed attreating fairly the people who are playing by the rules.

UPDATE (MAY 9 2014): It looks like the rule will be published on May 12 and the comment period will end 60 days later.

May 1, 2014
Uncategorized

FOREIGN NATIONAL’S TRAVEL HISTORY NOW ON-LINE

The U.S. Customs and Border Protection(CBP) discontinuedpaper I-94 cards in May 2013, replacing them with an electronic I-94record, which is accessible through www.cbp.gov/I94.

Now the CBP is rolling out the latestenhancement of that service: a five year historic record off a foreign national’sarrival and departure history. Foreign nationalswill need their name, date of birth, and passport information, in order toaccess their travel history. The databaseis solely for entries and exits from the U.S. It does not identify changes of status, extensions of stay, oradjustments of status granted by U.S. Citizenship and Immigration Services.

April 28, 2014
Uncategorized

VISA BULLETIN PREDICTIONS FOR SUMMER 2014

Everyfew months Charlie Oppenheim of the Department of State discussespredictions for future Visa Bulletins. MULaw has spoken with Mr. Oppenheim several times in the past and have alwaysfound that his projections are well thought out and very accurate.

Here are hisprojections for a recent conversation with AILA:

India EB-2: before the end of the summer IndiaEB-2 will be into 2008.
Worldwide EB-2: no major changes.
Worldwide EB-3, including Philippines: ashappens every summer, EB-3 may retrogress and evenbecome unavailable until the new fiscal year that starts October 1, 2014.
China EB-3: demand has been steady since theChina EB-2 and China EB-3 dates flip-flopped. China EB-3 may retrogress his summer.
National Visa Center: the NVC is now sending out Fee Bills 8-12months in advance of the expected priority date becoming current. Previously, the NVC had been sending out theFee Bills 12-18 months in advance.

April 24, 2014
Uncategorized

500,000 UNFILLED RN JOBS BY 2022

The OccupationalOutlook Handbook (OOH) is a treasure trove of data. Government agencies, politicians, andemployers use this data to analyze and assess trends in US employment. The 2014 editionof the OOH shows that job openings in nursing is expected to outpace almostall other occupations. In fact, healthcareoccupations in fields like Physical Therapy, Occupational Therapy,Audiologists, and Home Health dominate the list of fastest-growing occupations.

Traditionally,America has been welcoming to immigrants in occupational zones that Americanshave been unwilling to fill. WhetherCongress recognizes this fact and improves the pathway for these workers tocome to the US is still an open question.

Organizations suchas FWD.us and the Partnership for a New American Economyare working exceptionally hard to convince legislators of the potential gainsto the US economy by strategic immigration policy. One of their recent projects has been to showthe impact of immigration on a state by state basis, called Map The Impact. Map The Impact allows users to see the local impacton restrictive immigration.

For instance, wecan learn that there will be 60,000 open nursing positions in Florida alone bythe end of the decade. There will beanother 10,000 open positions in the small state of New Mexico.

There have beensome recent indications that the Republican’s animosity to immigration reformmay be thawing. Republicans such as likelyPresidential candidate Jeb Bush and Arizona Sen. Jeff Flake haverecently spoke positively of immigration reform. For America’s sake, let’s hope others arelistening.

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