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September 26, 2015
Uncategorized

REVISED VISA BULLETIN REVEALS TONE DEAF USCIS

On late Fridayafternoon the USCIS and DOS issued a revisedOctober 2015 Visa Bulletin. The newrevised Visa Bulletin has a devastating impact on those in the US and whoqualify as China EB-2, India EB-2, and Philippines EB-3.

Revised October2015 Visa Bulletin (Changes in bold)

Employment- Based	All Other	CHINA – mainland born	INDIA	PHILIPPINES
1st	C	C	C	C
2nd	C	01JAN13	01JUL09	C
3rd	01SEP15	01OCT13	01JUL05	01JAN10

Original October2015 Visa Bulletin

Employment- Based	All Other	CHINA – mainland born	INDIA	PHILIPPINES
1st	C	C	C	C
2nd	C	01MAY14	01JUL11	C
3rd	01SEP15	01OCT13	01JUL05	01JAN15

The USCIS published a stilted “explanation”for the revision,

Following consultations with the Departmentof Homeland Security (DHS), the Dates for Filing Applications for somecategories in the Family-Sponsored and Employment-Based preferences have beenadjusted to better reflect a timeframe justifying immediate action in theapplication process.

For the most part I stay away from commentaryon this blog. Not today.

This revised Visa Bulletin meansthat the majority of people who could have filed their I-485s on October 1,2015, now must indefinitely wait. Allowinglong-suffering workers the flexibility that would come with the filing ofI-485s would have been excellent policy. Implementing that policy was excellentgovernment action. Implementing thepolicy and then rescinding the policy is incompetence.

These government bureaucrats aretone-deaf to the actual human beings behind these petitions. These agencies had tenmonths to implement this system. Theidea that these agencies only consulted in the last two weeks ispreposterous.

Many of these immigrant workers spentthousands of dollars hiring counsel to prepare their Applications. They took time off from their jobs to subjectthemselves to ridiculously unnecessary (and costly) medical examinations.

Worse than the dollars spent and thetime spent is the crushing of these immigrants’ hope. These are the immigrants who continually get trashedby an immigration system that cannot get out of its own way.

There are already rumors that theUSCIS and DOS are being threatened with lawsuits. There is also a rumor that the USCIS and DOSmay not want to repeat the fiasco that was the Visa Gate in 2007, and thereforemay rescind this Revised Visa Bulletin.

September 25, 2015
Uncategorized

FCCPT: ICMT CLAIMS ARE FALSE

TheForeign Credentialing Commission on Physical Therapy (FCCPT) has posted notice on its website that theIndian College of Management & Technology is making false claims about itsrelationship with FCCPT. FCCPT issued a cease and desist letter to ICMT on August 26, 2015.

Accordingto FCCPT, ICMT claims to provide “A Program 100% Approved and Accepted byF.C.C.P.T, USA”. FCCPT comments that “ICMThas no working relationship with FCCPT, and FCCPT has not approved courseworkcompleted at ICMT. FCCPT accepts some coursework completed at ICMT studycenters for recognized Indian Universities with recognized physiotherapyeducation programs. However, all credits must be granted by the Universities.” FCCPT reminded applicants to limit their coursework to recognized educational institutions if the applicants want their coursework to be credited.

September 23, 2015
Uncategorized

AAIHR CODE OF ETHICS

Because of thelong‐term personnel shortages in the healthcare industry, foreign‐educated andtrained personnel must play a part in the solution to the healthcare problemthat America is facing. Stakeholders are actively trying to abate this problemthrough investments in foreign educated personnel.

These investmentswill only be sustainable if the standards of this industry meet the highstandards set by the healthcare industry. The Ethical Code developedby the AAIHR takes a 360 degree approach to ethical recruitment and ensuresresponsible international healthcare recruitment.

As a member of theAAIHR Code of Ethics Committee, I have seen the Code work in practice. Our office has endorsed the AAIHR Code ofEthics. If you are a stakeholder in theworld on international healthcare recruitment, please consider endorsing theCode and/or joining the AAIHR.

September 16, 2015
Uncategorized

MORE NEWS AND ANALYSIS ON THE NEW VISA BULLETIN

AILA has published anew Q&A with Charlie Oppenheim, who is the DOS’ Visa Bulletinguru. Charlie points out a number ofinteresting points about the newVisa Bulletin.

The DOS may notalways publish a monthly Dates of Filing chart. If it does not publish a chart, then the only I-485s that will be acceptedby USCIS are those petitions with priority dates earlier than the “Final Action”chart. Each month, the Visa Bulletin will indicate whether USCISwill accept adjustment applications during the upcoming month.

The new VisaBulletin will not slow the overall processing times for immigrant visas.

Charlie does notexpect the “Final Action” chart to retrogress for the foreseeable future. The DOS expects to be able to give better forewarningwhen retrogression may occur. The “whiplash”effect of dates moving aggressively forward and backward is expected to nolonger occur because the DOS will have much better data regarding the actualnumber of immigrant visas that are being demanded.

The “Dates ofFiling” Visa Bulletin chart is not expected to change much from month to month,but when it does move it is expected to move only forward, albeit slightly.

The “Dates ofFiling” chart always has always existed but its application was limited toConsular Process petitions. Overseasimmigrant visa petitioners have always received their NVC Fee Bills severalmonths earlier than indicted by the Visa Bulletin. The only change that has occurred is that theDOS is now publishing this chart.

September 9, 2015
Uncategorized

NEW VISA BULLETIN ALLOWS EARLY FILING OF I-485s

In a ground-breaking change, the Departmentof State and the USCIS have changed their process for accepting I-485,Applications for Adjustment of Status. Adjustmentof Status applications will now be accepted earlier than when the priority dateis current.

The Department of State will nowpublish two Employment-based Visa Bulletin charts each month: (1) ApplicationFinal Action Dates (dates when visas may finally be issued); and (2) Dates forFiling Applications (earliest dates when applicants may be able to apply).

The earlier filing of the I-485 hasseveral direct benefits for both employers and employees:

Applicants can file for their EmploymentAuthorization Documents (EADs) concurrently with their I-485. This allows Applicants to take advantage ofthe AC-21 rule for same or similar employment. This also allows applicant to work at second jobs.
Applicants can file for their AdvanceParoles (APs) concurrently with their I-485. This allows Applicants to travel without having to obtain a new visastamp.
Spouses of applicants can applyfor both EADs and APs. This allowsspouse’s work authorization.
Fewer H-1B amendments and extensionsshould need to be filed. None of theH-1B amendment rules apply to people who hold EADs.

If you are an employer or anemployee who can now file an I-485, please contact our office sothat we can prepare and file your I-485.

The new October2015 Visa Bulletin is:

A. APPLICATION FINAL ACTION DATES

This Chartis comparable to the old Visa Bulletin.

Employment- Based	All Other	CHINA – mainland born	INDIA	PHILIPPINES
1st	C	C	C	C
2nd	C	01JAN12	01MAY05	C
3rd	15AUG15	15OCT11	08MAR04	01JAN07

B. DATES FOR FILING OF EMPLOYMENT-BASEDVISA APPLICATIONS

Applicantsfor immigrant visas who have a priority date earlier than the cut-offdate in the chart may:

ConsularApplicants: assemble and submit requireddocuments to the Department of State’s National Visa Center, following receiptof notification from the National Visa Center containing detailed instructions.

Adjustmentof Status Applicants: file Adjustment of Status, EAD and APs.

Employment- Based	All Other	CHINA – mainland born	INDIA	PHILIPPINES
1st	C	C	C	C
2nd	C	01MAY14	01JUL11	C
3rd	01SEP15	01OCT13	01JUL05	01JAN15

September 1, 2015
Uncategorized

USCIS ALLOWS ANYONE TO PAY IMMIGRANT FEE

InFebruary 2013, the USCISlaunched a new Immigrant visa fee of$165.00 for Consular Processed Immigrant Visa (green card) appointments. This fee does not apply to I-485, Applicationsfor Adjustment of Status.

Applicantspay online through the USCIS website after they receive their visa package fromDepartment of State and before they depart for the United States.

USCIShas now simplified the process for payingthe USCIS Immigrant Fee online in their electronic immigration system. USCIS says that the revised payment processreduces the amount of information an immigrant must provide to USCIS.

Notably,anyone can now pay the fee, as long as they have the immigrant’s AlienRegistration Number (A-Number) and DOS Case ID.

TheUSCISImmigrant Fee is required for individuals immigrating to the United Statesas lawful permanent residents. USCIS uses this fee to process, produce, anddeliver Permanent Resident Cards (Green Cards).

August 28, 2015
Uncategorized

REMINDER: MU Law Client Conference Call

The agenda for the teleconferenceincludes:

* H-1B onboarding starts Oct 1: Whatdo employers need to do to stay compliant?

* When does my H-1B worker have tostart working? The 30/60 day rule.

* Update on the Simeio Solutionscase and Amended H-1Bs.

* When do I have to start paying anH-1B worker’s salary?

* Form I-9 compliance

* E-Verify compliance

* Managing Social Security numberissues.

* Handling Professional licensureissues.

* Working with the Consulate forH-1B Visa Issuance.

* H-1B cap 2015 final numbers andprojections for 2016

Please contact your MU immigrationattorney if you have any questions about this MU Visa Advisor or any other immigration issue.

August 25, 2015
Uncategorized

USCIS DISCONTINUING LEGACY E-FILING

USCISis discontinue its legacy e-Filingsystem and will be rolling out a new system called the ElectronicImmigration System. A date for the launchof the new system has not been announced.

USCISexpects that the new system will be faster, more secure, and easier to upgradeand update. Importantly, the new systemswill have high data security standards.

Thelast day to start new forms in the present system is August 30, 2015. The oldsystem will be decommissioned on September 20, 2015. After September 20, all forms must be filedvia hard, paper copy.

Thelegacy e-Filing system has offered online filing for several USCIS forms,although it was never widely accepted by users. MU Law rarely used the e-filing system, as it offered no tangiblebenefits to petitioners and had several detriments.

Itremains to be seen if the new proposed system will enhance user experience. It is worth noting that the Department of Labor’son-line PERM system just celebrated its 10^th anniversary. While the PERM system is not perfect, it achievesits goals and is a good model for the USCIS to emulate.

August 20, 2015
Uncategorized

MU LAW CLIENT CONFERENCE CALL

Musillo Unkenholt will hold a free teleconference on Thursday September 3, 2015 at 3PM ET / 12 noon PT. All clients and friends of the firm are encouraged to dial-in to the call. If you would like to register for the call, please send an email to: Annalisa@muimmigration.com.

The agenda for the teleconference includes:

* H-1B onboarding starts Oct 1: What do employers need to do to stay compliant?
* When does my H-1B worker have to start working? The 30/60 day rule.
* Update on the Simeio Solutions case and Amended H-1Bs.
* When do I have to start paying an H-1B worker’s salary?
* Form I-9 compliance
* E-Verify compliance
* Managing Social Security number issues.
* Handling Professional licensure issues.
* Working with the Consulate for H-1B Visa Issuance.
* H-1B cap 2015 final numbers and projections for 2016

Please contact your MU immigration attorney if you have any questions about this MU Visa Advisor or any other immigration issue.

August 12, 2015
Uncategorized

SEPTEMBER 2015 VISA BULLETIN

The Department of State has just released the September 2015 Visa Bulletin. This is the final Visa Bulletin of the 2015 Fiscal Year. In mid-September the DOS will issue the first Visa Bulletin of Fiscal Year 2016.

The bizarre retrogression of the Philippines EB-3 continues. Although the July Visa Bulletin showed that Philippine EB-3 was unavailable, and the August 2014 Visa Bulletin showed a June 1, 2004 priority date, this Visa Bulletin lists December 22, 2004. This means that there are a few available visas for this fiscal year. Please read our blog post from May 19 for deeper analysis on the state of the Philippine EB-3.

India EB-3 and China EB-3 also have priority dates of December 22, 2004.

All Other EB-3 is essentially current, with a date of August 15, 2015. This is great news for all EB-3s, other than Philippine, China, and India.

India EB-2 retrogressed to January 1, 2006, reflecting continued heavy demand in this category. As mentioned above, India EB-3 continued to move steadily. It is now at December 22, 2004.

China EB-2 also reflected heavy demand, retrogressing back to Jan 1, 2006.

Employment- Based	All Other	CHINA – mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JAN06	01JAN06	C	C
3rd	15AUG15	22DEC04	22DEC04	15AUG15	22DEC04

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