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JUNE 2015 VISA BULLETIN

The Department of State has just released the June 2015 Visa Bulletin. This is the ninth Visa Bulletin of the 2015 Fiscal Year.  


The retrogression of the Philippines EB-3 continues.  To insure that no Philippine EB-3 visas are issued, the Department of State has again moved the Philippine EB-3 back, this time to January 1, 2005.

This cannot be good news, although MU still believes that the dates will progress in the second half in 2015.  Please read our blog post from April 14, 2015 for deeper analysis on the state of the Philippine EB-3.  This  month’s forthcoming Check-in with Charlie will also likely provide some insight. 

The news was much better for the other categories.  India EB-2 leaped ahead to October 1, 2008, which is a progression of almost six months.

India EB-3 only moved up one week to January 22, 2004.  All Other EB-3 moved into February 15, 2015, which is also the date for Mexico’s EB-3.

China EB-2 improved one full year to June 1, 2013 and EB-3 is now at September 1, 2011.  Both of these dates continue to progress positively.

Employment- Based
All Other
 CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JUN13 1OCT08 C C
3rd 15FEB15 01SEPT11 22JAN04 15FEB15 01JAN07

REMINDER: H-4 EADs CAN BE FILED 5/26

Earlier this year USCISannounced that the long-awaitedH-4 EAD rule will go into effecton May 26, 2015. The fullregulation was also published.  We are still awaiting a FAQ from USCIS, whichwas promised in the spring.  An MU Law FAQis at the end of this blog post.
Under the new H-4 EADrule, the H-4 spouse may obtain an EAD card in two instances.   (1)Either the principal H-1B worker has to have had a PERM Application pending forat least one year or (2) the principal H-1B worker has to have an approvedI-140. 
H-4 spouses who meet oneof the two conditions may file an I-765, Application for EmploymentAuthorization.  Ordinarily, I-765 Applications are approved in 90-120days.  Accordingly, H-4 spouses whoqualify should be able to begin working in September 2015.
Musillo Unkenholt H-4 FAQ
Can I file before May26, 2015?
No.  The USCIS will not accept EAD applicationsuntil May 26, 2015.
How long will it takethe USCIS to process the EAD Application?
Traditionally EADApplications take 90-120 days until approval.
Can I work upon thefiling of the EAD Application?
No.  The EAD mustbe approved?
Who qualifies for thenew H-4 EAD card?
Certain H-4 spouses mayfile for the new H-4 EAD.  Children who hold H-4 status are ineligible forthe EAD.
Which H-4 spouses mayfile for an EAD?
In order to decide ifyou qualify for the H-4, we must look to the underlying H-1B statusholder.  The USCIS elected to apply the rule first set forth in Section106 of AC21.  The H-1B worker must either:
A.  Hold anapproved I-140, Petition for Alien Worker.  The approved I-140 does notneed to be from his present employer; or
B.  Have a prioritydate that is at least one year old.  A priority date can be established bythe filing of a PERM Application or a Form I-140.
May an H-4 spouse filefor an EAD if the H-4 spouse holds (A) an approved I-140 or (B) one year haspassed since the filing of a PERM or I-140?
No.  The USCISlooks to the H-1B worker to meet A or B, above.  It is irrelevant if theH-4 meets A or B.
Are there anylimitations on the work that I can perform on an H-4 EAD?  For instance,is there a prevailing wage?  Am I limited only to certain types of jobs?
No.  There are nosuch limitations.  You can work for any employer, at any rate (aboveminimum wage), and in any occupation.
What should I do if Iwant to file an H-4 EAD?

EAD Applications do notrequire an attorney’s assistance, although many people find it helpful to havean attorney assist in the process.  If you would like MU Law to help,please contact us.

USCIS HAS COMPLETED DATA ENTRY FOR THE H-1B LOTTERY

USCIS announced May 4, 2015, that it has completed dataentry of all fiscal year 2016H-1B cap-subject petitions selected in their computer-generated randomprocess.   

With this announcement, USCIS acknowledgesthat H-1B receipt notices have been mailed. Petitioners have probably not received all possible H-1B receipt noticesbecause these Receipt notices are snail-mailed.
USCIS should shortly begin returning all H-1B cap-subjectpetitions that were not selected.  Due tothe high volume of filings, the time frame for returning these petitions isuncertain.  Based on past years, MU Law believesthat it may take longer than one month until all petitions are returned.

USCIS will issue an announcement once all the petitions havebeen returned.

CGFNS, ICN LAUNCH RESEARCH WEBSITE

The International Centreon Nurse Migration (ICNM) was created by the Commission on Graduates of ForeignNursing Schools (CGFNS) International and the International Council of Nurses(ICN). ICNM develops and promotes research, policy and information on globalnurse migration. 
The ICMN has launched awebsite aimed at being a significant resource for research and information.  The website is www.intlnursemigration.org.  From their press release:
The new website features a bold, user-friendly webinterface to easily access news, resources, and ICNM publications. eSource, anew website feature, offers a platform for new and experienced researchers toshare articles, reports, papers or presentations on migration related issueswith other researchers and the public.

DOS: WE HOPE TO PROGRESS PHILS EB-3 IN THE SUMMER

AILA has discussedthe Philippine EB-3 retrogression with Charlie Oppenheim, who is theDepartment of State’s Chief of the Visa Control and Reporting Division.  Mr. Oppenheim is the person at DOS who writesand produces the Visa Bulletin.
While he cannot speculateas to future dates, he “hopes to advance the cut-off date throughout the summer.”  This statement is consistent with MU Law’sApril 14, 2015 blog posting on this issue.
USCIS demand for PhilippineEB-3 visa numbers has increased.  The DOSsays that 2,000 Philippine EB-3 visa numbers were requested in the six weekperiod leading to the publication of the may Visa Bulletin, which is a massiveincrease from Fiscal Year 2014 (Oct 1, 2013 – Sept 30, 2014).  FY2014 saw a total of 3,275 Philippine EB-3 immigrantvisas used.
MU Law expects thatthe Philippine EB-3 number will return to 2014 or even 2015 in the forthcomingmonths.  However if Philippine EB-3 demandcontinues the Philippine EB-3 number may eventually retrogress negatively,although it is too early to specifically estimate Visa Bulletin dates in calendaryear 2016.

MU LAW H-1B TELECONFERENCE APRIL 22, 2015

MU Law will be holding a free teleconference for our clients on April 22,
2015 at 2PM ET / 11AM PT.  Interested clients should email MU’s Annalisa
Smith, who can register you for the teleconference.

The agenda will include:

1.       H-1B cap update.

2.       Analysis of the new H-1B ruling, Matter of Simeio Solutions, which
mandates a new or amended H-1B petition whenever there is a change in the
employment location.

3.       What the new Visa Bulletin means for the Philippines EB-3
category.

4.       Hot topics in PERM adjudications.

5.       Legislative update.

BREAKING: MANILA EMBASSY TO EXPEDITE EB3 IMMIGRANT VISA APPOINTMENTS

The US Embassy in Manila has waivedthe requirement for making an appointment for a visa interview for those whoare affected by the retrogression (priority dates on or after July 01, 2007)and have never been interviewed. Once applicants have all the requireddocuments and have completed the medical examinations at St. Luke’s ExtensionClinic, they may come to the Embassy’s Immigrant Visa Check-in Counter on anyworkday between 7:30 a.m. and 8:30 a.m. from April 15, 2015 through April 28,2015 for the visa interview.
More on their webpage:

http://manila.usembassy.gov/immigrant-visa/retrogression-of-may2015-cut-off-dates5.html

MAY 2015 VISA BULLETIN

The Department of State has just released the May 2015 Visa Bulletin. This is the eighth Visa Bulletin of the 2015 Fiscal Year.  

The big news was the massive retrogression of the Philippines EB-3.  This was completely unexpected.  MU Law believes that the Philippine EB-3 retrogression is a temporary situation that should correct itself in the second half in 2015.  Please read our blog post from April 14, 2015 for deeper analysis on the state of the Philippine EB-3.
The news was much better for the other categories.  India EB-2 has progressed to April 15, 2008, although India EB-3 only moved up one week to January 15, 2004.  All Other EB-3 moved into January 2015, which is also the date for Mexico’s EB-3.
China EB-2 improved to June 1, 2012 and EB-3 is now at May 1, 2011.  Both of these dates continue to progress positively.

Employment- Based
All Other
 CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JUN12 15APR08 C C
3rd 01JAN15 01MAY11 15JAN04 01JAN15 01JUL07

VISA BULLETIN: PHILIPPINES EB-3 RETROGRESSED TO 2007: WHAT DOES THIS MEAN?

The May2015 Visa Bulletin, released April 13, 2015, contained a major surprise forPhilippines EB-3.  That visa number wasretrogressed to July 2007.  While thiswas unwelcome news, MU Law has checked with several sources and it is our senseis that this retrogression is a temporary blip in immigrant visa processing forPhilippines EB-3 applicants.  Because thereare very few Philippine EB-3 applications between 2009-2013, MU Law believesthat the Philippines EB-3 date will return to at least 2014, although this maynot happen until Fiscal Year 2016 begins in October 2015.
Philippine EB-3 applicantshave claimed many older priority dates from the high demand era of 2007-2009.  The Department of State had progressed the PhilippineEB-3 number over the last year in an effort to spur these older applicants intofiling their immigrant visa applications. The retrogression is recognition that this effort to spur olderimmigrant visa applicants has worked.  TheDOS now has had to tap on the breaks in order to process these older immigrantvisa applications. 
MU Law expects thatthe Philippines EB-3 number will remain in 2007 for the June 2015 VisaBulletin.  Because July is the start ofthe fourth and final fiscal quarter, the July 2015 Visa Bulletin may include aprogression of the Philippine EB-3 date if overall demand for immigrant visasis low.  It is common for the fourthfiscal quarter to include dramatic improvements in visa bulletin dates.  For example, the Philippines EB-3 number advancedfrom November 07 (May 2014 Visa Bulletin) to January 09 (July 2014 VisaBulletin) to April 2011 (September 2014 Visa Bulletin).
With the start ofthe next fiscal year (FY2016) in October 2015, the DOS should progress the PhilippineEB-3 date to 2014.  The DOS will thensteadily increase the date throughout FY2016, perhaps even making the PhilippinesEB-3 date current early in FY2016.

H-1B CAP REACHED AT 233,000

U.S. Citizenship and Immigration Services (USCIS) hasjust announced that it has received nearly233,000 H-1B petitions during the April 1-7 filing period.  This figure includes both regular H-1Bcap-subject petitions and H-1B petitions filed for the advanced degreeexemption.  This is the largestnumber of H-1B cap-subject petitions ever received.  About 36% of the H-1Bs will be accepted and 64%will be returned. 
Earlier today, USCIS used a computer-generated random selectionprocess, or “H-1B lottery,” to select enough petitions to meet the 65,000general-category cap and the 20,000 cap under the advanced degree exemption.USCIS will reject and return all unselected petitions with their filing fees,unless the petition is found to be a duplicate filing. 
It is expected that it will take until mid-May before the H-1B lotterywinners and losers are notified.  USCISwill begin premium processing for H-1B cap cases no later than May 11,2015. 
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