Healthcare Blog

MULaw will be hosting a FREE webinar for our clients and friends onTuesday, May 16, 2023 at 2PM Eastern (1PM Central).

Joinus for this FREE webinar to learn more about:

• Green Card Process for Schedule A
• Healthcare Worker Certificates
• PERM for Healthcare Workers
• H-1Bs for Healthcare Workers
• Priority Dates/Retrogression Predictions

MU Law will be hosting a FREE webinar for ourclients and friends on Thursday, April 20, 2023 at 3PM Eastern (2PM Central).

Join us for this FREE webinar to learn more about:

·        Whatis Retrogression? Why did this happen?

·        Philippinesand ROW 

·        Whata Healthcare Worker should continue to do during Retrogression  

·        Alternativesto an EB-3?

·        Analysisand Prediction for FY 2024

PLEASE JOIN US!

The Department of State just issued the May 2023 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin 

Table A: Final Action Dates --Applications with these dates may be approved for their Green Card (PermanentResidency card) or Immigrant Visa appointment.

USCIS

TheUSCIS is expected to use Table A: Final Action Dates chart for I-485employment-based filings. A Beneficiary must be current on the above Table Achart in order to file their I-485, Adjustment of Status applications. See: USCISVisa Bulletin Dates

MU Law Analysis 

The May 2023 Visa Bulletinretrogressed Philippines and Worldwide EB-3 to June 1, 2022.  This means that unless the Beneficiary has apriority date earlier than June 1, 2022, they will unfortunately not be able toproceed with a visa appointment.  MU Lawexpects that this June 1, 2022 date will not progress until at least October 1,2023.  The October 2023 Visa Bulletin,which should be released by the State Department in mid-September 2023, will bethe next time that we may see forward movement in the EB-3 category. 

On the good news front, China EB-3actually progressed five months to April 1, 2019.  China EB-2, India EB-3 and India EB3remained unchanged.  Philippine andROW EB-3 Other Workers, which is the category for occupations such as NurseAides, remains retrogressed but held steady to January 2020.

 Effective March 31, 2023, USCISno longer requires that the medical exam (Form I-693) be submitted to USCISwithin 60 days of the civil surgeon’s signature.  Medical exams remain valid for two yearsafter the civil surgeon’s signature, regardless of when the underlying immigrationapplication was submitted to USCIS, including I-485 applications for greencards. 

USCIS indicates that this new policywill allow the USCIS to process I-485 applications more expeditiously insteadof requesting updated medical exams.  USCISalso clarified that civil surgeons must use the current edition of Form I-693as of the date of the civil surgeon’s signature and comply with the CDC’sTechnical Instructions for Civil Surgeons in effect at the time of thecivil surgeon’s signature.

Beginning May 30, 2023, consular fees required forcertain nonimmigrant visas will be raised according to an updated Schedule of Fees published in theFederal Register.

The fee changes to be put in effect are:

• The application processing fee for non-petitionbased nonimmigrant visas (such as B-1/B-2 and F-1 visas) will be raised from$160 to $185.
• The application processing fee for H, L, O, P, Q,and R nonimmigrant visas will be raised from $190 to $205.
• The fee for E category nonimmigrant visas will beraised from $205 to $315.
• The processing fee for Border Crossing Cards forMexican citizens age 15 and over will be raised from $160 to $185.

On March 23, 2023, the U.S.Citizenship and Immigration Services (USCIS) announcedthe end of certain flexibilities initially introduced during the COVID-19pandemic. Prior to March 23, 2023, applicants and petitioners were granted an automatic60-day extension when responding to certain notices and requests.

Effective immediately, notices and requestsdated after March 23, 2023, must be responded to by the deadline listed in thenotice or request. This includes:

• Requests for Evidence;
• Continuations to Request Evidence(N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminateregional centers;
• Notices of Intent to Withdraw TemporaryProtected Status; and
• Motions to Reopen an N-400 Pursuantto 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Applicants who wish to file FormI-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on aDecision in Naturalization Proceedings, must also comply with the deadlinesstated on the form instructions.

Upon request, the USCIS will continueto provide certain flexibilities on a case-by-case basis if the petitioner orapplicant is affected by an emergency or unforeseen circumstance, such as suchas natural catastrophes, national emergencies, or severe illness.

USCIS has announced that it has received more than 85,000 registrations duringthe registration period to reach the fiscal year (FY) 2024 H-1B cap. Musillo Unkenholt has begun the process of notifying clients if their caseswere selected or not selected in the H-1B lottery. Selected cases can file anH-1B petition with USCIS beginning April 1, 2023 through June 30, 2023. 

“Winning”the lottery does not guarantee an H-1B approval.  Petitioners filing H-1Bcap-subject petitions, including those petitions eligible for the advanceddegree exemption, must still establish eligibility for petition approval at thetime the petition is filed and through adjudication, based on existingstatutory and regulatory requirements.

Occasionally,the USCIS does not receive enough H-1B cap petitions during the April 1-June 30period to meet the 85,000 H-1B annual limit.  If this happens, USCIS willconduct subsequent lottery selections until it has approved 85,000 H-1Bpetitions.

On March 16, 2023, USCIS announced that theywill beginissuing Alien Documentation, Identification, and Telecommunication (ADIT)stamps through the mail forqualifying Lawful Permanent Residents (LPRs).

An ADIT stamp provides temporary evidence of LPRstatus and can be requested in situations where a LPR cannot rely on theirGreen Card for evidence of status. An ADIT stamp can be requested when:

1. The LPR no longer has their GreenCard; or
2. The LPR’s Green Card expired while aForm I-90, Application to Replace Permanent Resident Card; Form I-751, Petitionto Remove Conditions on Residence; or, Form N-400, Application forNaturalization is pending and anyautomatic extension of their green card has also expired.

Previously, a LPR had to make anappointment with a USCIS field office and have their passport physicallystamped to obtain an ADIT stamp. Now in qualifying cases USCIS will issue ADITstamps by mail.

 Thenew procedure for obtaining an ADIT stamp through the mail is:

1.  The LPR calls the USCIS contact centerat 800-375-5283 and explains why they need temporary evidence of LPR status.
2. The LPR identifies themselves andprovides their mailing address. At this time, USCIS will check whether themailing address provided can receive UPS or FedEx express mail. Since USCISwill issue the stamp via UPS or Fedex, a P.O. Box should not be provided as themailing address as P.O. Boxes only receive USPS mail.
3. If USCIS determines that the LPRqualifies to receive an ADIT stamp through the mail, then they will mail a FormI-94 with an ADIT stamp, DHS seal, and a printed photo of the LPR from USCISsystems.

In cases where there is an urgent needfor an ADIT stamp, USCIS will provide an appointment at a Field Office.Additionally, USCIS will not issue an ADIT stamp via mail if they cannotconfirm the LPR’s identity or address, or if they do not have a useable photoof the LPR in their systems.

The Department of Staterecently issued the April 2023 Visa Bulletin. This blog post analyzes this month's VisaBulletin. 

Visa Bulletin 

Table A: Final Action Dates -- Applications with thesedates may be approved for their Green Card (Permanent Residency card) orImmigrant Visa appointment. 

Table B: Dates of Filing

The USCIS will be using Table A: Final ActionDates chart for I-485 employment-based filings. A beneficiary must be currenton the above Table A chart in order to file their I-485, Adjustment of Statusapplications. See: USCIS Visa BulletinDates   

MU Law Analysis 

This month again there wasgood news and bad news for the retrogressed EB-2 and EB-3 categories. 

There was a retrogression in allcategories of EB-2 except China due to high demand. Philippineand ROW retrogressed by four months whereas India unexpectedlyretrogressed by nine months.  

The newsremains positive for Philippine and Worldwide EB-3, where dates held atCurrent. China EB-3 progressed three months, which wasunexpected, good news. 

Increased demand in the EmploymentThird category may necessitate the establishment of a worldwide final actiondate (including Mexico and Philippines) in the coming months. This means thatall EB-3 categories are expected to retrogress by the end of the fiscal year.

EB-3 OtherWorkers, which is the category for occupations such as Nurse Aides, remainsretrogressed but held steady to January 2020 for Philippine andROW.