Uncategorized Archives | Page 32 of 107

May 15, 2019
Uncategorized

JUNE VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has just issued the June2019 Visa Bulletin. This is theninth Visa Bulletin of Fiscal Year 2019. This blog post analyzes this month’sVisa Bulletin.

June 2019 Visa Bulletin

Table A: Final Action Dates — Applications with these datesmay be approved for their Green Card (Permanent Residency card) or ImmigrantVisa appointment.

EB Class	All Other	CHINA	INDIA	PHILIPPINES
EB-1	22APR18	22FEB17	01JAN15	22APR18
EB-2	C	01AUG16	19APR09	C
EB-3	C	15SEP15	01JUL09	01NOV18

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.

EB Class	All Other	CHINA	INDIA	PHILIPPINES
EB-1	01SEP18	01OCT17	01OCT17	01SEP18
EB-2	C	01NOV16	01JUN09	C
EB-3	C	01JAN16	01APR10	01JAN19

MU Law Analysis (all references are to Table A unless noted)

All Other: TheEB-1 category moved about 7 weeks. Weexpect continued steady movement in this category for All Other. We do not see any retrogression in the futurefor EB2 or EB3, other than the usual retrogression at the end of the FiscalYear.

China: China EB-2moved 2+ months, moving more than one year so far in 2019’s calendar months. EB-3 moved ahead half as fast – about threeweeks — which reflects continued demand in EB-3, likely related to the manyEB-3 “downgrades”. EB-2 remains superiorto EB-3.

India: There was verylittle movement in any of the Indian categories. EB-1 will almostsurely not move in FY 2019. We do notexpect any significant Indian movement this fiscal year. Longer term, we are slightly more optimisticabout India EB-3, which should progress faster than EB-2.

Philippines: TheEB-3 date leaped again. It should beinto 2019 shortly, and we do not expect any retrogression in the nearfuture.

May 7, 2019
Uncategorized

USCIS BLOCKED FROM ENFORCING UNLAWFUL PRESENCE MEMO AGAINST F-1 AND OTHER STUDENTS

Afederal district court judge hasissued a nationwide preliminary injunction, effective immediately, whichprohibits the USCIS from enforcing its “Accrual of Unlawful Presence andF, J, and M Nonimmigrants” Guidance Memo. That memo penalized F, J, and M international students for overstayingor violating the terms of their visas in extremely harsh, unprecedentedways. MU Law detailedthat Guidance Memo in September.

This is great newsfor F, J, and M nonimmigrants, including those who trained under CPT and OPT.

May 6, 2019
Uncategorized

NATIONAL NURSES WEEK

MULaw is pleased to recognize that this week is National Nurses Week. National Nurses Week is a weeklongcelebration of the significant contributions that nurses have and continue tomake in America. Nurse.com has a webpagespecially dedicated to National Nurses Week.

The specialsection focuses on the 200^th birthday of Florence Nightingale. Beyond her heroic work in the Crimean War, Nightingaleis credited with professionalizing the role of nurses.

Beyondhighlighting the work of Nightingale, the section has articles on nursingethics, nursing academics, career development, and advocacy. It is worth your time to spend a little whileon the page.

And to all the nurseswho read this page. THANK YOU for allthat you do!

April 26, 2019
Uncategorized

DOS: “CONTINUED AGGRESSIVE ADVANCEMENT” IN PHILIPPINE EB-3

The Department ofState’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration LawyersAssociation. Charlie Oppenheim is theDepartment of State’s Chief of the Control and Reporting Division. He is theofficer who is responsible for producing the Visa Bulletin each month.

In this month’s“Check In With Charlie,” Mr. Oppenheim discussed Philippine EB-3, saying thatBeneficiaries “should expectcontinued aggressive advancement in this category for the foreseeablefuture.” He noted that there has notbeen an increase in demand for these visas. Because of this lack of demand, “retrogression is unlikely to happen this FY since thereare numerous visa numbers available in this category and it is already thethird quarter of the federal FY.”

Othernotes of interest:

EB-1:there should be little or no movement in any EB-1 category.

EB-2Worldwide: will continue to be Current for the foreseeable future.

EB-2 and EB-3 India: slow or little progressions of one weekor less, although EB-3 could move a little faster. There has not yet been a surge of EB-2s“downgrading” to EB-3.

EB-2and EB-3 China: EB-2 could advanceseveral months at a time, while EB-3 will advance a few weeks at a time.

April 16, 2019
Uncategorized

MAY 2019 VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has just issued the May2019 Visa Bulletin. This is the eighthVisa Bulletin of Fiscal Year 2019. This blog post analyzes this month’s VisaBulletin.

May 2019 Visa Bulletin

Table A: Final Action Dates — Applications with these datesmay be approved for their Green Card (Permanent Residency card) or ImmigrantVisa appointment.

EB Class	All Other	CHINA	INDIA	PHILIPPINES
EB-1	01MAR18	22FEB17	22FEB17	01MAR18
EB-2	C	15MAY16	16APR09	C
EB-3	C	22AUG15	22JUN09	01JUN18

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.

EB Class	All Other	CHINA	INDIA	PHILIPPINES
EB-1	01SEP18	01OCT17	01OCT17	01SEP18
EB-2	C	01SEP16	01JUN09	C
EB-3	C	01JAN16	01APR10	01OCT18

MU Law Analysis (all references are to Table A unless noted)

All Other: TheEB-1 category moved one month. We expectcontinued steady movement in this category for All Other. We do not see any retrogression in the futurefor EB2 or EB3, other than the usual retrogression at the end of the FiscalYear.

China: China EB-2moved six weeks, moving about one year in 2019’s calendar months. EB-3 moved ahead half as fast – about threeweeks — which reflects continued demand in EB-3, likely related to the manyEB-3 “downgrades”.

India: There was verylittle movement in any of the Indian categories. EB-1 will almost surely not move in FY2019. We are slightly more optimisticabout India EB-3, which should continue to progress faster than EB-2.

Philippines: TheEB-3 date showed great progress, improving three more months. Thiscontinues a great year for EB3. Weexpect continued accelerated progress in June’s Visa Bulletin.

April 15, 2019
Uncategorized

USCIS RECEIVES 201,011 H-1B CAP PETITIONS

USCISannounced that it received 201,011 petitions during the filing period,including petitions filed for the advanced degree exemption. This is notably more than the 190,000 H-1Bpetitions received during the April 2018 filing period).

USCIS is in theprocess of running the H-1B lottery and notifying H-1B cap winners. Petitioners should expect about 36% of theirH-1B cap filings (non-US masters degrees) to be H-1B cap winners. Based on prior years, we will receive H-1Blottery winner receipts throughout April and May. Starting in June, we will receive the H-1Blottery loser petitions. Traditionallyif you do not receive a winner receipt notice by June 1, you have probably lostthe H-1B lottery.

April 8, 2019
Uncategorized

H-1B CAP 2019 HAS BEEN REACHED

As expected, USCIS has received more than 85,000 H-1B cap-subject petitions on the very first day of H-1B cap filings. They did not specify how many H-1B cap-subject petitions were received. We expect to know the overage within the next few weeks. Last year, the announcement happened on April 13.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap. USCIS will continue to accept and process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the

United States;

• Change the terms of employment for current H-1B workers;
• Amend the H-1B petition to notify the USCIS of the filing of a new LCA

and/or geographic change in employment;

• Allow current H-1B workers to change employers; and
• Allow current H-1B workers to work concurrently in a second,

contemporaneous part-time H-1B position.

March 19, 2019
Uncategorized

SEVEN THINGS TO REMEMBER ABOUT THE H-1B CAP

All H-1B cap cases must be filed by April 1, 2019. In anticipation of that deadline, here areseven things to remember about the H-1B cap.

1. These types of cases are subject to the H-1Bcap:

· International studentsworking on an EAD card under an OPT or CPT program afterhaving attended a U.S. school;

· Internationalemployees working on a TN may need an H-1B filed for them in order for them topursue a permanent residency (green card) case;

· Prospective internationalemployees in another visa status e.g. H-4, L-2, J-1, F-1;- H-1B workers with acap exempt organization; and

· Prospectiveinternational employees currently living abroad.

2. These types of cases that are not subject toH-1B cap:

· H-1B amendments/extensions/transfers

· When the employee hasbeen in H-1B status for less than 6 years

· Trade Visas (H-1B1,E-3, TN-1) Chile, Singapore, Australia, Canada, Mexico

· MDs who have receiveda J-waiver of their 2 years foreign residency requirement.

· H-1Bs filed by institutionof higher education (or its affiliated or related nonprofit entities), anonprofit research organization, or a government research organization.

3. Employees witha U.S. master’s degree or higher get twochances at the H-1B cap. TheUSCIS first runs an H-B cap lottery, including all cases. This is for the 65,000 H-1B regular capslots. Then, the USCIS runs a MastersCap H-1B lottery to determine 20,000 lottery winners.

4. Cap-Gap Rule:USCIS automatically extends the H-1B status of OPT F-1 students who win theH-1B lottery. The OPT F-1 status is extended through October 1, at whichpoint the status converts to H-1B by operation of law.

5. An Employee does not have to hold H-1B status for theemployer to initiate green card process. This can be started while the employeeis on F-1 or most other statuses.

6. We do notrecommend that F-1 students travel outside the US while their H-1B cap petitionis pending at USCIS. USCIS may considerthe petition to be abandoned. If the F-1student does travel, the employee is required to apply for an H-1B visa abroadbefore re-entering the US.

7.The employee’s proposed worksite may not change until the H-1B CAP petition isapproved. If the worksite changes the USCIS is inclined to deny thecase. If possible, the H-1B cap petition should be upgraded viaPremium Processing. Upon approval of the H-1B, the employer can filean H-1B amendment.

March 15, 2019
Uncategorized

APRIL 2019 VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has just issuedthe April2019 Visa Bulletin.This is the seventh Visa Bulletin of Fiscal Year 2019. This blog post analyzesthis month’s Visa Bulletin.

April 2019 Visa Bulletin

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

Class

All Other

CHINA

INDIA

PHILIPPINES

EB-1

01FEB18

22FEB17

01JAN18

EB-2

01APR16

09APR09

EB-3

01AUG15

22MAY09

01MAR18

Table B: Dates for Filing — The DOSmay work on applications with these dates. But the Visa cannot be approveduntil the date is current per Table A.

Class

All Other

CHINA

INDIA

PHILIPPINES

EB-1

01JUN18

01OCT17

01JUN18

EB-2

01JUL16

01JUN09

EB-3

01JAN16

01APR10

01JUL18

MU Law Analysis (all references are toTable A unless noted)

All Other: The EB-1 categorymoved one month. We expect continuedsteady movement in this category for All Other. We do not see any retrogression in the future for EB2 or EB3, other thanthe usual retrogression at the end of the Fiscal Year.

China: China EB-2 again moved threemonths, moving a almost one year in 2019’s calendar months. EB-3 actually retrogressed, which reflectscontinued demand in EB-3, likely related to the many EB-3 “downgrades”.

India: There was very little movementin any of the Indian categories. EB2moved just three days. EB3 moved onemonth. We are slightly more optimisticabout India EB-3, which should continue to progress faster than EB-2.

Philippines:The EB-3 date showed great progress, improving four more months. This continues a great year for EB3. We expect continued progress in May’s VisaBulletin.

March 13, 2019
Uncategorized

USCIS ALLOWS PREMIUM PROCESSING FOR ALL H-1B PETITIONS

EffectiveTuesday March 12, 2019, USCISwill again allow premium processing on all H-1B petitions. While this is welcome news, the window ofupgrading H-1B petitions to the Premium Processing Service may be short. In 2018, USCIS suspended premium processing onH-1B transfers and amendments effective September 11, 2018.

Theonly exceptions to the September 2018 USCISpremium processing suspension were for H-1B extensions (i) with thesame employer or (ii) H-1Bs for cap-exempt institutions, such as Universitiesor research organizations.

Accordingly,if you have a pending H-1B petition, you may only have a few months to upgradeto premium processing. It is impossibleto say what USCIS will do because the USCIS often makes these announcementswith very little warning. Conceivably,the USCIS may not even wait until September to suspend premium processing on H-1Btransfers and amendments.

Although no announcementhas been made, it is expected that USCIS will not allow April 1, 2019 cap-subjectH-1B petitions to take advantage of premium processing.

Archive for Uncategorized