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H-4 EAD COMMENT PERIOD HAS ENDED

Earlier this year theUSCIS proposeda rule that, if enacted will allow H-4 spouses to file for work authorization.  The rule, if passed as drafted, will allowH-4 spouses of H-1B holders to obtain EAD employment authorization.

Under the law, whena new rule such as this is proposed, the USCIS must give the public 60 days tocomment on the proposed rule.  Thatcomment period ended on Friday July 11.  TheUSCIS will now sort through the comments. Computerworld notes that adoption of the proposedrule is “all but assured.”  The timing ofthe “assured” approval is unknown at this time.

The Computerworld article has an interestingdiscussion about the types of comments that have been received and how anautomated tool can mine the comments for trends.  For instance, out of 6,035 non-uniquecomments, “453 were exact duplicates of 10 different comments.”

AUGUST 2014 VISA BULLETIN

The Department of State has just released the August 2014 Visa Bulletin.  This is the eleventh Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.  

The Philippines EB-3 jumped again.  It is now at June 2010, which is a three year jump in the last three months.

India EB-2 also moved forward.  It progressed to January 2009.

The Chinese EB-3 number continued to move dramatically and inconsistently.  It is now at November 2008.  

The All Other EB-3 held steady as well.  It remains at April 2011.  Our sense is that it will not progress until the next US fiscal year.

Employment- Based
All Chargeability Areas Except Those Listed
 CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08OCT09 22JAN09 C C
3rd 01APR11 01NOV08 08NOV03 01APR11 01JUN10

FIVE YEARS AS MU LAW

Today marks the five year anniversary of the Musillo Unkenholt LLC law firm. We are proud of the work that we have done here on behalf of our many clients.   The “unsung” heroes of the firm are our experienced paralegal team, many who have been with us for the entire five years.  Thanks to everyone for all your support over these five years!

VISA PROJECTIONS FOR THE NEXT FEW MONTHS

MU Lawyers were atAILA’s annual convention in Boston last week. In discussing the Visa Bulletin with several attorneys, and piecing togethersome information from DOS officials, here are our unofficial projections forthe remainder of Fiscal Year 2014, which ends September 30, 2014.
EB-1  
EB-1 is expected tostay current through the Fiscal Year.
EB-2
China:  Chinese EB-2 numbers could progress, although itdoes not appear that it will move too quickly.
India:  Indian EB-2 numbers jumped dramatically betweenMay and June 2014, progressing nearly four years to September 2008.  Our sense is that the Indian EB-2 number willcontinue to stay in 2008, and will continue to progress because the DOS doesnot want a single visa to go unused in this category.  The number may temporarily become unavailablein September 2014, which is common.
All Other: Allother EB-2 should remain Current for the remainder of the Fiscal Year.
EB-3
China: Chinese EB-3numbers have been on a wild ride this year. They were into 2012 for much of the year before a massive retrogressionin June.  There is a sense that the DOSis unsure just how many numbers are needed. MU Law’s read is that the number will progress this summer, perhapsseveral years.  Again, the DOS is tryingto insure that all numbers in this category are used.
India: The DOS hasthis category accurately projected.  As aresult India EB-3 will continue its very slow progression.
Philippines:  It seems unlikely that this number will getinto 2010.  That having been said, thenumber should progress steadily in FY 2015.

All Other:  The DOS tapped the breaks on this number in June,stalling it at April 2011.  MU Law’s senseis that the number will progress before becoming temporarily unavailable laterin the Summer. 

WANT TO HAVE DINNER AT AILA ANNUAL?

For the lastseveral years a group of AILA lawyers who practice in healthcare have gottentogether for a dinner on the Thursday of AILA Annual week. We have about 15 people signed up already.  It is a great chance to catch up with old friends (andnew ones!). It is a casual event.

If you are an AILAattorney who is interested in attending this year’s dinner, please let me know how many willbe attending from your group by Monday. Friends, spouses, etc. are alsowelcome.

COULD REP. CANTOR’S LOSS HELP IMMIGRATION REFORM?

Well, in spite ofmy headline the answer is probably not, but there is some hope.
Rep. Cantor (R-VA)was the second-in-command in the Republican-majority House ofRepresentatives.  It is generallybelieved that any material Immigration Reform measure must be driven by theHouse Republicans.  Rep. Cantor wasgenerally known to be a pro-business Republican, who was helping push forimmigration reform behind-the-scenes, or at least that is what his primaryopponent, Dave Brat, led central Virginians to believe.  Mr. Brat’s shocking primary upset on Tuesdayseems to mean that immigrationreform is dead for 2014.

So could Rep.Cantor’s loss actually help?

It seems unlikelybut it may not be as bad as it seem today. For one, other immigration-friendly southern Republicans, such as Sen.Lindsay Graham (R-SC), coasted to primary victories.  Second, and the reason for my provocativeheadline, is Rep. Kevin McCarthy (R-CA). Rep. McCarthy is the next-in-line for Rep. Cantor’s No. 2 positionwithin the House Republican leadership. As thisarticle in the Irish Central points out, Rep. Cantor “represents a centralCalifornia district where pro-immigrant issues, immigrant issues, such as theneed for immigrant labor among the huge farming concerns, are critical.  His district is 35 percent Latino and he ison record as favoring a version of immigration reform.”
Yet again leadershipon the issue turns back to the Majority Leader Rep. John Boehner(R-OH).  Rep. Boehner has straddled theline between the pro and anti-immigration wings of his party, a line that seemsaimless.  If he can articulate a strategyimmigration reform might have a chance. For now, all we have is glimmers of hope.

JULY 2014 VISA BULLETIN

The Department of State has just released the July 2014 Visa Bulletin.  This is the tenth Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.  

The Philippines EB-3 jumped again.  It is now into 2009, which is a two year jump in the last two months.

India EB-2 also dramatically moved forward.  It progressed four years to September 2008.

The Chinese EB-3 number stayed back at October 2006.  

The All Other EB-3 held steady as well.  It remains at April 2011.  Our sense is that it will not progress until the next US fiscal year.

Employment- Based
All Chargeability Areas Except Those Listed
China – mainland born
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
2nd
C
01JUL09
01SEP08
C
C
3rd
01APR11
01OCT06
01NOV03
01APR11
01JAN09

US EXTENDS CW-1 PROGRAM THROUGH 2019

Since 2008, the UShas sought to harmonize the immigration laws of the Commonwealth of theNorthern Mariana Islands (CNMI) with the mainland US.  Part of this initiative was the establishmentof a CNMI-OnlyTransitional Worker (CW-1) visa classification allows employers in the CNMIto apply for temporary permission to employ nonimmigrant workers who areotherwise ineligible to work under other nonimmigrant worker categories. The CW-1classification provides a method for transition from the former CNMI foreignworker permit system to the U.S. immigration system.  The law also provides a CW-2 for dependentsof CW-1 visa entrants.
On June 3, 2014,the US Department of Labor announced that itwas extending this program through December 31, 2019.  The CW-1 program had been set to expire atthe end of this year.
Philippinenationals make up a large number of the CW-1 visas that are granted.  The US Embassy – Manila has a webpage dedicated toexplaining the CW-1 process.
The largest islandin the CNMI is Saipan, where 90% of the CNMI population resides.  For this reason many people use the “Saipan”to mean “CNMI”.

MAKING THE PAYMENT FOR THE PRODUCTION OF YOUR GREEN CARD

US Green cards areeither approved domestically through the I-485, Adjustment of Status process,or approved abroad through the Consular process. When the approval is made atthe Consulate, the immigrant must make a final payment of $165 to the USCISbefore they will start the production of the green card.
The $165 USCISImmigrant Visa fee is for the cost of producing the green card.  This payment must be made through the USCIS ELIS (Electronic Immigrant System)on-line payment system.
MU Law encouragesyou to make this payment after you receive the immigrant visa packet from theUS Consulate or Embassy, before you come to the US.  Until this payment is made the USCIS will notstart production on your green card.
Atthe time of your interview at the U.S. embassy or consulate, the DOSinterviewing officer should give you a USCIS Immigrant Fee handout. Thisdocument provides instructions on how to pay the $165 immigrant fee andincluded your A-Number and DOS Case ID. Your A-Number and DOS Case ID arelocated in the top right corner.
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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.

Contact

302 West Third Street, Suite 710
Cincinnati, OH 45202

Phone: 513.381.VISA (8472)

info@muimmigration.com

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