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REGISTER FOR MU HEALTHCARE IMMIGRATION WEBINAR ON AUGUST 1

MU Law is pleased to announce afree healthcare immigration webinar on August 1, 2017 at 3PM ET for all clientsand friend of the firm.  It is ideal for US employers, staffing companies,recruiters, and others interested in healthcare immigration.
 The Healthcare Immigration Seminarwill feature these topics:
  • Green card Immigration for Nursesand Physical Therapists (Schedule A occupations)
  • Filing for Green card when you havean Unanticipated Worksite
  • Visa Screens and Healthcare WorkerCertificates
  • FCCPT and the future of PTimmigration
  • H-1B visas for PTs, OTs, Med Techs,and other allied healthcare workers
  • Managing Social Security Numbersand Licensure
  • H-1B cap-exempt entities
  • Immigration under the Trumpadministration
  • Legislative and Regulatory changesthat may be on the horizon

PORTING AN I-485 TO A NEW EMPLOYER

Last year the USCIS issued newguidance regarding when a foreign national can port his/her I-485.  Under the American Competitiveness in theTwenty-First Century Act (AC21) a foreign national can change his/her employeror job during the green card process once the I-485 has been pending for 180day or more.

When changing positions, the greencard applicant and their new employer, must file a form I-485(j) with the USCISconfirming the new employer is taking over the green card case, agrees to paythe prevailing wage, and that the new position is the same or similar to theposition described in the green card application.

The USCIS will consider thetotality of the circumstances when determining if the green card job and thenew job are the same or similar.  Specifically,2016 memo describes how Immigration Officers can review the occupation codesassigned to both jobs by the Department of Labor when determining if the twojobs are the same or similar.

Evidence that the positions are thesame or similar can include:
  • ·        The job duties of both positions;
  • ·        The skills, expertise, education, training,licenses or certifications specifically required to perform each job;
  • ·        The wages offered for each job; and
  • ·        Any other material and credible evidencerelevant to the determination.

Green card applicants can also porttheir I-485s when, in their new position, they are primarily responsible formanaging the same or similar function of their original job.  For example, if a PT is promoted to Senior PTand supervises other PTs and PTAs.  It isalso acceptable for the applicant to manage workers in a different occupationif the change in position is a normal career progression.  For instance, if an OT is promoted to RehabManager, the OT may be supervising other OTs as well as OTAs, PTs, PTAs, SLPs,and others.

VISA BULLETIN PROJECTIONS FOR THE REST OF 2017

The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration Lawyers Association.  Charlie Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month.
This month’s Check In With Charlie featured projections for EB2 and EB3, which are the most popular categories for readers of this Blog.  Here are some of this month’s highlights, along with our analysis:
EB-2 Worldwide.  Although there may be a retrogression in September, the Worldwide EB-2 should return to current in October and remain there for the rest of this calendar year.

EB-2 India.  This category is expected to use the full allotment of visas in September, which may result in the category becoming temporarily unavailable.  It should have a July 2008 date in October 2017.

EB-3 Worldwide.  This category will remain current or close to current for the foreseeable future.

EB-3 India.  This category will advance several months in September 2017.  However, because of expected demand in FY 2018 for EB-3 Worldwide, we will not see fast progress after October 2017.  India EB-3 benefited in FY 2017 because demand for Worldwide EB-3 was light, resulting in Worldwide EB-3 numbers spilling into India EB-3.

EB-3 Philippines.  In FY 2018, we will not see this category move nearly as fast as it did in FY 2017. We will have a better idea of where Phils EB-3 is headed with the publication of the October 2017 Visa Bulletin, which is the first of FY 2018.

AUGUST 2017 VISA BULLETIN: ANALYSIS

The Department of State has just issued the August 2017 Visa Bulletin.  This is the eleventh Visa Bulletin of Fiscal Year 2017.  This blog post analyzes this month’s Visa Bulletin.


NOTE: Please be sure to read our Post, “What does the August Visa Bulletin Mean?”

August 2017 Visa Bulletin

Applications with these dates may be approved for their Green Card (Permanent Residency card).

EB 
Class 
All Other  
CHINA       
INDIA     
MEXICO   
PHIL’PNES    
EB-1
C
01JAN12
01JAN12 
C
C
EB-2
01APR15
22APR13
22JUL08 
01APR15
01APR15
EB-3
C 
01JAN12
15JUL06 
C 

01JUN15       


MU Law Analysis

All Other:  The EB-2 has been current for many years.  The slight retrogression is temporary and will revert back to Current in October 2017.  The EB-3 progression has long been effectively current, and is, in fact, current in August.

China (mainland-born):   The DOS instituted a retrogression for China EB-1 with the June Visa Bulletin, which remains.  The continued high level of demand for EB-1 numbers for USCIS adjustment of status applicants has required the establishment of a date for June. It is expected that this EB-1 retrogression will last until October 2017. 

The China EB-2 date again moved up, by one month.  The DOS notes that there has been an extremely large increase in EB-3s during the past month. The China EB-3 date remains at January 2012, which is where it was in July.  It is now slower than China EB-2. 

India:  As with China, India EB-1 now is retrogressed.  It is expected that this EB-1 retrogression will last until October 2017. 

EB-2 India held steady.  EB-3 India jumped into 2006, last month, which was a pleasant surprise.  It moved up again, this time into mid-2006.  The DOS is clearly trying to ensure that all visa numbers are used in FY2016. 


Mexico: Mirrors All Other in all aspects.

Philippines: EB-3 moved ahead one full year!  This is the second straight one year progression.   The Philippine EB-3 number essentially cleaned out all of the 2010, 2011, 2012, 2013, 2014 and half of 2015 EB-3 visas in less than one year.  This is even more positive than we expected.  

Our internal metrics see the Philippine EB-3 number continuing to progress at a rapid clip for the rest of 2017.


The retrogression of the EB-2 (Phils) number is nothing to be concerned about.  It will return to Current in October 2017.  Note that all EB-2s retrogressed, which reflects heavier demand than usual in the entirety of the EB-2 category.  

POST H-1B CAP 2017 & TRUMP ADMINISTRATION WEBINAR

______________________________________________________________________________________________
Comejoin us as MU Law explores the latest legal topics on the H-1B Cap 2017 &the Trump Administration by hosting a free educational webinar
Who’s Invited?
Clients& Friends
When?
June29, 2017 @ 3PM / 12PM PT
Where? 
TheWebinar will take place on Livestorm.co 
Please click the link below to register
Pleaseregister for the conference at Livestorm.co
Youwill be provided a link for the event once registered! 
______________________________________________________________________________________________
Thisyear, the H-1B cap was reached in the first week with approximately 199,000petition filings. Our webinar will feature in a range of topics including:
Alternatives for employees not chosen in this year’s CAP;Preparing your employee for the consulate interview; H-1B Dependency Rule &Issues with staffing companies; H1-B Amendments; Site Visits, and more.
Thewebinar will also have a special update on the new Trump Administration. MULaw’s Chris Musillo, who has recently traveled to Washington DC, will providean update on what potential changes will be coming to employment-basedimmigration considering the new administration and recently issues memos.
Thewebinar will last for approximately 90 minutes, including a liveQ&A session at the end.
We hope to see you there! 
______________________________________________________________________________________________
Formore information on the agenda of the webinar, please see below. Thank you.
  1. H-1B Cap 
    • Alternatives for employees not chosen in this year’s CAP
    • Preparing your employee for the consulate interview
    • On-boarding an employee
  2. H-1Bs in 2017
    • H-1B Dependency Rule (LCA & 50/50 rule) 
    • H-1B issues for Staffing Companies and Third-Party Placements
      • What is Third-Party Placement v. In-House work?
    • March 31, 2017 Computer Programmer Memo
      • Rescinds the December 22, 2000 Terry Way memo issues to the Nebraska Service Center 
      • Implications for future H-1B filings 
    • H-1B Amendments 
      • Short Term Placement Rule (30-day rule)
      • Amendment pending but employee is now moving to new work site. What is the Employer’s strategy? 
      • Employee is still abroad but work site changes
      • Pending H-1B CAP case but the assignment no longer exists 
    • Site visits
      • How can the Employer prepare for a site visit? 
      • How can you prepare your employee for a site visit? 
  3. Immigration in the era of the Trump Administration
    • Traveling and Consular Process
    • Potential regulatory changes 
    • Potential legislative changes 
  4. Q&A

VISA BULLETIN UPDATE: PHILS EB-3 SHOULD ADVANCE INTO 2015

The Department of State’s VisaBulletin guru, Charlie Oppenheim, hosts monthlymeetings with the American Immigration Lawyers Association.  Charlie Oppenheim is the Department of State’sChief of the Control and Reporting Division. He is the officer who isresponsible for producing the Visa Bulletin each month.
This month’s Check In With Charliefeatured predictions about EB2 and EB3, which are the most popular categoriesfor readers of this Blog.  Here are someof this month’s highlights:
Philippine EB-3:  Charlieexpects to aggressively move this category into mid/late 2015 before the end ofthe fiscal year (September 30, 2017).  MULaw believes that the category will continue to be positive, although we do notexpect that the significant progression will continue once the Visa Bulletin afterthe fiscal year, because demand for Philippine EB-3 was heavy in 2016.  Having said that, we do expect continuedsteady movement forward.
Worldwide EB-3:  Thiscategory should continue to be effectively current, with a retrogression ofonly a few weeks/months.
India EB-2:  Charlie expectsminimal movement forward.  Charlie claimsthat 40 percent of the India EB-2 demand is from India EB-3 upgrades.
India EB-3.  This number will be aggressive advanced becauseWorldwide EB-3 demand has slowed.  As amatter of process, unused Worldwide EB-3 numbers spill into the slowest EB-3category (India).

JULY 2017 VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has just issued the June 2017 Visa Bulletin.  This is the ninth Visa Bulletin of Fiscal Year 2017.  This blog post analyzes this month’s Visa Bulletin.

July 2017 Visa Bulletin

Final Action Dates

Applications with these dates may be approved for their Green Card (Permanent Residency card).

EB 
Class 
All Other  
CHINA       
INDIA     
MEXICO   
PHIL’PNES    
EB-1
C
01JAN12
01JAN12 
C
C
EB-2
C 
22MAR13
22JUL08 
C
C
EB-3
08JUN17 
01JAN12
15FEB06 
08JUN17 

15MAY14       
MU Law Analysis

All Other:  The EB-2 has been current for many years.  The EB-3 progression continues to be effectively current.

China (mainland-born):   The DOS instituted a retrogression for China EB-1 with the June Visa Bulletin.  The continued high level of demand for EB-1 numbers for USCIS adjustment of status applicants has required the establishment of a date for June. It is expected that this EB-1 retrogression will last until October 2017. 

The China EB-2 date again moved up, but only a few weeks.  The DOS notes that there has been an extremely large increase in EB-3s during the past month. The China EB-3 date retrogressed.  It is now slower than China EB-2. This was predicted last month.

India:  As with China, India EB-1 now is retrogressed.  It is expected that this EB-1 retrogression will last until October 2017. 

EB-2 India moved up about two weeks.  EB-3 India jumped into 2006, which is a pleasant surprise.  It is not what we expected.  The DOS is clearly trying to ensure that all visa numbers are used in FY2016. 


Mexico: Mirrors All Other in all aspects.

Philippines: EB-3 moved ahead one full year!  The Philippine EB-3 number essentially cleaned out all of the 2010, 2011, 2012, 2013, and half of 2014 EB-3 visas in about 7 months.  This is even more positive than we expected.  (Our note from September 2016: “This is consistent with internal MU Law analysis which sees this category progressing into 2013 by the Summer of 2017.”).  

Our internal metrics see the Philippine EB-3 number continuing to progress at a rapid clip for the rest of 2017.


DOL ANNOUNCES HEIGHTENED ENFORCEMENT

On June 6, 2017 US Secretary of Labor,Alexander Acosta, announced new Department of Labor (DOL) actions to enforcework visa programs.  This announcementwas made in support of President Trump’s Executive Orderon Buy American and Hire American.

The Secretary’s actions areoutlined in a newsrelease issued by the DOL. Secretary Acosta has determined it is the policyof the DOL to vigorously and actively enforce laws governing visaprograms.  The DOL actions forenforcement include:

  • The DOL Wage and Hour Division will conduct more civilinvestigations and site visits.
  • The DOL Employment and Training Administration willdevelop and propose changes to the LCA (Labor Condition Application) as well asother forms to better identify violations and fraud.  Among other things,the DOL will be looking at how to better monitor LCA filings for violations andprevent fraud with regard to the:
    • exemptions for H-1B dependent employers where the employeehas a master’s degree or greater or makes $60,000/year or more;
    • the rate of pay listed on the LCA; and
    • the worksite location(s) listed on the LCA.
  • The DOL will actively coordinatewith and refer cases to the Inspector General and Attorney General in cases of criminal fraud,which is outside the DOL’s jurisdiction.
  • There will be additional trainingof DOL Officers to detect civil and criminal fraud.
  • The DOL will continue to work withthe US Department of Justice and US Department of Homeland Security toinvestigate, detect, and prevent fraud in all visa programs.

The DOL Office of the InspectorGeneral has posted some recent cases on its website.

DINNER AT AILA

Are you an immigration attorney whois going to the AILA Annual Conference in New Orleans?  If so, andif you do not have plans on Thursday evening, please join us fordinner.
For the last several years a groupof AILA lawyers who practice in healthcare have gotten together for a dinner onthe Thursday of AILA Annual week. Most years we have about 15-20 peopleattend. Every year a few new people join the group.

It is a great chance to catch upwith old friends (and new ones!). It is a casual event. If you are an AILAattorney who is interested in attending this year’s dinner, please let me know howmany will be attending from your group by June 16. Friends, spouses, etc. arealso welcome.
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About Us

Musillo Unkenholt LLC is a full-service immigration law firm headquartered in Cincinnati, Ohio, serving clients throughout the United States and the world.

Our attorneys have vast experience in an array of immigration processes.

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302 West Third Street, Suite 710
Cincinnati, OH 45202

Phone: 513.381.VISA (8472)

info@muimmigration.com

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