Uncategorized Archives | Page 30 of 107

October 2, 2019
Uncategorized

INCREASING SITE VISITS FOR STEM OPTs

TheAmerican Immigration Lawyers Association (AILA) hasreceived reports of SEVP officers conducting site visits to confirmthe details of students’ STEM OPT employment and that the Petitioner is incompliance with their attestations on the I-983.

Visitscan be either random or based on a complaint. For random visits, SEVP officers havetypically contacted the STEM OPT employee’s manager 1-2 days before the visitis to be conducted. For a complaint, there will likely be no notice given bythe SEVP officer.

Fromreported visits, the visits generally last 1-2 hours at the STEM OPT worksite.According to the DHS’s website, the visits will address:

1. How the salary of the STEM OPTemployee is determined;

2. Whether there are sufficient resourcesfrom the Petitioner to provide supervision and training of the employee; and

3. Whether the Petitioner is maintainingan employer-employee relationship with the employee.

Itis important to review your STEM OPT employee’s I-983 forms and ensure that theemployer team (especially the manager listed on the I-983) and the employee arefamiliar with the details of employment and the training plan.

September 30, 2019
Uncategorized

UPDATE ON THE FAIRNESS FOR HIGH SKILLED IMMIGRANTS ACT

After several weeks ofcontentious negotiations, a deal has been struck to preserve nurse immigrationinto the US through the Fairnessfor High-Skilled Immigrants Act (H.R. 1044). The AAIHR, of which Musillo Unkenholt is theonly law firm member, led the fight to preserve these visas. The AAIHRissued this press release in which they thanked Senators Perdue (R-GA),Paul (R-KY),and Young (R-IN) who were instrumental in crafting the deal.

The deal is still subject totwo hurdles:

1. Any Senator can blockthe deal. While most Senators havesigned off on the deal there may still be some Senators who are holdingout. Senator Durbin (D-IL) remains ablock on the bill. Inthis video, Sen. Durbin explains his reasoning for holding out.

2. The deal is stillsubject to approval by President Trump, who is expected to sign the bill intolaw if it can get past the Senate.

If the two hurdles are notovercome, the status quo stays in place, which means 12-15-year delays for manyEB-2 and EB-3 Indians.

If the bill goes through,the new law will:

First, over a three-yearphase-in, eliminate the per-country cap on employment based green cards. This would be great news for Indian-bornimmigrants, halving their retrogression to 7-8 years.

Second, preserve 4,400 visasfor Schedule A occupations – Registered Nurses and Physical Therapists.

Third, there will beadditional burdens on H-1Bs in all industries. The details of the additional H-1B rules are forthcoming.

Again, the bill is notlaw. Negotiations remain ongoing betweenSen Lee (R-UT), who is the Fairness Act’s champion, and Sen. Durbin.

September 27, 2019
Uncategorized

H-4/ EAD RULE WILL CONTINUE UNTIL SPRING 2020 AT THE “EARLIEST”

Ina filing with a federal judge, USCIS indicated that it has delayed therevocation of the H-4/EAD rule. USCISsays that “the earliest possible publication date” of the revocation is spring2020. This is good news for H-4 /EADholders.

Thereare rumors that the USCIS has badly miscalculated the negative impact on the USeconomy, which is why the revocation of the rule has been ongoingfor two years. Rules of thistype must be approved by the Office of Management and Budget, which likely hascalled into question USCIS’ calculations.

Even if a rule ispublished by USCIS, it will have to offer the rule to the public for notice andcomment, a process that will likely receive much scrutiny and could furtherdelay the Trump Administration’s attempts at revocation.

September 23, 2019
Uncategorized

OCTOBER 2019 VISA BULLETIN: ANALYSIS

TheDepartment of State has just issued the October2019 Visa Bulletin. This is the first Visa Bulletin of FiscalYear 2020. This blog post analyzes this month’s Visa Bulletin.

October2019 Visa Bulletin

Table A:Final Action Dates — Applications with these dates may be approved for theirGreen Card (Permanent Residency card) or Immigrant Visa appointment.

Employment- based	All Other	CHINA	INDIA	PHILIPPINES
1st	22APR18	01NOV16	01JAN15	22APR18
2nd	C	01JAN15	12MAY09	C
3rd	C	01NOV15	01JAN09	15OCT17

Table B:Dates for Filing — The DOS may work on applications with these dates. But theVisa cannot be approved until the date is current per Table A.

Employment- based	All Other	CHINA	INDIA	PHILIPPINES
1st	01JUL19	01SEP17	15MAR17	01JUL19
2nd	C	01AUG16	01JUL09	C
3rd	C	01MAR17	01FEB10	C

MU LawAnalysis (all references are to Table A unless noted)

AllOther: Although AllOther EB-1 has a slight retrogression, the EB-2 and EB-3 categories remainedcurrent and are expected to remain current for the foreseeable future.

China: The EB-2 and EB-3 inverted again, asEB-3 has a favorable priority date than EB-2. Over the course of FY2020 we expect EB-3 to catch up to EB-2 and the twocategories to stay roughly equal.

India: As with China, the EB-2 and EB-3dates have inverted. We expect verylittle progress in either category, although EB-2 may move slightly quickerthan EB-3 in future months.

Philippines: We find the implementation of the15OCT17 priority date puzzling. This isalmost surely a too conservative projection by DOS. MU expects that this date will rapidly movein the coming months, and could return to current in early 2020.

September 18, 2019
Uncategorized

MUSILLO UNKENHOLT WELCOMES LINDA ASH AND ELIZA STONE

MusilloUnkenholt (MU) is pleased to welcome Linda Ash and Eliza Stone to the lawfirm. Ash and Stone met more than a decade ago while working at a largeregional law firm in Cincinnati. In2017, they formed Ash & Stone, LLP where they practiced primarilybusiness-based immigration law.

Bornin Canada, Ash has a twenty-nine year legal career and has lived in Argentinaand Iran, as well as Canada and the US. Ash provides both foreign anddomestic employers, across a wide range of industries, with immigration adviceand expertise. Ash is a graduate of the University of Arizona and SalmonP. Chase College of Law. Stone started her practice at an establishedregional law firm before becoming in-house counsel for an international companyand later a large university. Stone provides employment immigrationadvice to clients of varying sizes. Stone is fluent in both Polish andGerman and graduated from New York University and the University of CincinnatiCollege of Law.

MUrecently celebrated its ten year anniversary. MU attorneys practicealmost exclusively employment-based immigration and the firm’s clients include large public and private companies as well assmall start-up, entrepreneurial ventures.

September 16, 2019
Uncategorized

ANALYSIS OF CURRENT RFE TRENDS AND HOW TO GET YOUR CASE APPROVED

MULaw will be hosting a free webinar for our clients and friends on Wednesday November13, 2019 at 2PM / 11AM PT. Interested clients and friends can register for ourwebinar by clicking on the link below.

Register Here

This webinar will provide an analysis of current RFE trends and how to beat theUSCIS’s RFE and get your case approved.

WebinarAgenda:

1. H-1B issues

· Specialty Occupation

· Availability of Work

· Right to Control

2. I-140 Issues

· Bona Fide Offer

· Ability to Pay

3. I-485 Issues

· Maintenance of Status

o F-1to Green Card

o H-1Bto Green Card

4. Q&A

PLEASEJOIN US!

September 9, 2019
Uncategorized

US CITIZENSHIP AND IMMIGRATION SERVICE ANNOUNCES FEE FOR PRE-REGISTRATION FOR H-1BS

On September 4, 2019 the USCISannounced a new proposed rule thatrequires employers preparing to file H-1B cap-subject petitions to pay a $10fee for each electronic registration the employer submits to USCIS. The USCIS is funded by fees collected forfilings and plans to use the registration fees to cover the costs ofimplementing the new pre-registration system.

In January 2019 the USCISintroduced an electronic registration requirement for employers seeking to fileH-1B cap-subject petitions. Underthe January 2019 rule, all H-1B lottery petitions will need to be electronically pre-registered duringthe H-1B pre-registration period from April 1-7. After thepre-registration period has concluded, USCIS will run the H-1Blottery. All H-1B lottery winners will then submit the actual H-1Bpetition.

After consideringpublic feedback, USCIS decided to suspend the electronic pre-registrationrequirement until the April 2020 cap season in order to complete user testingand ensure the system and process are fully functional.

August 19, 2019
Uncategorized

US DEPARTMENT OF HOMELAND SECURITY ANNOUNCES NEW “PUBLIC CHARGE” RULE

On August14, 2019 the Department of Homeland Security (DHS) announced anew “public charge” rule; this rule will go into effect on October 15,2019. Under a longstanding law and policy, if immigration authoritiesdetermine someone is “likely to become a public charge” the US can deny theapplicant’s green card or other visa to the US. A public charge issomeone who is dependent on the government, through benefits programs. The Trump Administration’s new rule changes the standard by the DHS determineswhether a foreign national is likely to become a public charge.

Underthe previous policy, DHS examined whether an intending immigrant was primarilydependent on public benefits. Under the newrule, immigration officers will examine whether immigrants arelikely at any time to become a public charge, using amulti-factor test.

Public benefitsunder the new rule include:

Any federal, state, or local cash assistance, including:

Social Security Income (SSI)
Temporary Assistance for Needy Families (TANF)
Government programs for income maintenance often called “general assistance”

Supplemental Nutrition Assistance Program (SNAP) also known as food stamps
Section 8 Housing Assistance
Medicaid, with certain exceptions
Public Housing under Section

Theimmigration officer will take into account a broad range of factors andconsider all of the following when making a determination if the foreignnational visa applicant is likely to become a pubic charge:

Receipt ofa public benefit for more than 12 months in the aggregate within a 36 monthperiod
Age
Health
Familystatus
Educationand skills
Assets,resources, and financial status

Thisrule will apply to all applicants for any type of visa, though it is expectedthat the immigration officers will look most closely at those applying for agreen card. Employment-based visa applicants should be treated favorablybecause, by virtue of their employer-sponsor, they have guaranteed employmentand income in the United States. However, policy experts forecast thatthis rule will likely be applied inconsistently and cause fewer legalimmigrants to enter the United States.

August 15, 2019
Uncategorized

SEPTEMBER 2019 VISA BULLETIN: ANALYSIS

The Department of State has just issued the September2019 Visa Bulletin. This is the final Visa Bulletin of Fiscal Year2019. This blog post analyzes this month’s Visa Bulletin.

September 2019 Visa Bulletin

Table A: Final Action Dates — Applications withthese dates may be approved for their Green Card (Permanent Residency card) orImmigrant Visa appointment.

Employment- based	All Other	CHINA	INDIA	PHILIPPINES
1st	01OCT17	01JAN14	U	01OCT17
2nd	01JAN18	01JAN17	08MAY09	01JAN18
3rd	01JUL16	01JAN14	01JUL05	01JUL16

Table B: Dates for Filing — The DOS may work onapplications with these dates. But the Visa cannot be approved until the dateis current per Table A.

Employment- based	All Other	CHINA	INDIA	PHILIPPINES
1st	01SEP18	01OCT17	01OCT17	01SEP18
2nd	C	01JUN17	01JUN09	C
3rd	C	01JUN16	01APR10	C

MULaw Analysis (all references are to Table A unless noted)

Asalways happens in August and September, the dates have retrogressed, oftenmaking the numbers effectively unavailable. This is common. The USCIS and DOSare making sure to use all available visa numbers, without exceeding the legalquotas.

Numbers will onceagain be available for applicants beginning October 1, 2019 under the FY-2020annual numerical limitations. ForOctober, the first month of fiscal year 2020, the DOS expects to return toreturn the final action dates to those which applied for July. Clickthis link to see the July dates.

August 7, 2019
Uncategorized

CGFNS, AHA, PNAA ALL OPPOSE BILL RESTRICTING NURSES

CGFNSInternational, the US’ issuer on Visa Screens for nurses and other alliedhealthcare professions, hasissued a letter to its Pennsylvania senators expressing concern overS.386 Fairness bill. That bill woulddecimate healthcare immigration into the US, asexplained in our March blog post. The letter also notes that the American Hospital Association and thePhilippine Nurses Association of America also do not support the bill.

The letter, whichis signed by CGFNS President and CEO Franklin Shaffer, explains that while thebills’ aims are understandable, the consequence of the bill would be to createvisa retrogressions for every country. Shaffer asks that the bill is modified to ensure that healthcareprofessionals, including nurses, are not negatively impacted by this bill.

There has been anintense effort to modify the bill to protect US patients by continuing to allowbadly needed nurses and healthcare professionals into the US. A competitive bill, sponsoredby Sen. Rand Paul and titled the BELIEVE Act, would meet both aims:eliminate the unfair per country quotas, while still allowing nurses andhealthcare professionals into the US.

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