Tuesday, May 16, 2023

HEALTHCARE IMMIGRATION WEBINAR

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, May 16, 2023 at 2PM Eastern (1PM Central).

 

Join us for this FREE webinar to learn more about

  • Green Card Process for Schedule A
  • Healthcare Worker Certificates
  • PERM for Healthcare Workers
  • H-1Bs for Healthcare Workers
  • Priority Dates/Retrogression Predictions

PLEASE JOIN US!

Monday, May 15, 2023

JUNE 2023 VISA BULLETIN

The Department of State just issued the June 2023 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin 

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

 

EB

All Other

CHINA

INDIA

PHILIPPINES

EB-1

C

01FEB22

01FEB22

C

EB-2

15FEB22

08JUN19

01JAN11

15FEB22

EB-3

01JUN22

01APR19

15JUN12

01JUN22

Other workers

01JAN20

01SEP15

15JUN12

01JAN20

USCIS

The USCIS is expected to use Table A: Final Action Dates chart for I-485 employment-based filings. A Beneficiary must be current on the above Table A chart to file their I-485, Adjustment of Status applications. See: USCIS Visa Bulletin Dates

MU Law Analysis 

There was virtually no change between the June 2023 Visa Bulletin and the May 2023 Visa Bulletin, which is unsurprising given that the May 2023 VB was notably retrogressed, indicating that the State Department has probably allocated most of this fiscal year’s visas. 

The only change on the above chart was that China EB-3 Other Workers progressed four months to September 15, 2015.

The June 2023 Visa Bulletin included a statement indicating that all India EB-3 visas have been utilized. 

E. VISA AVAILABILITY IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR INDIA

Steady number use and high demand in the EB-3 category for India will most likely necessitate retrogression of the EB-3 final action date for India as early as next month to hold number use within the maximum allowed under the FY-2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

Tuesday, May 9, 2023

MU CELEBRATES NATIONAL NURSES WEEK

MU Law is pleased to recognize that May 6th to May 12th is National Nurses Week in the United States. National Nurses Week is a weeklong celebration of the significant contributions nurses have and continue to make in America. 

Nurses make up the largest part of the health care workforce, with more than four million registered nurses, almost one million licensed practical nurses, and over 300,000 nurse practitioners nationwide. While it is a large profession, there is still room for more nurses to overcome longstanding staffing shortages and meet growing demand in the future. 

Every day, nurses go above and beyond to provide heroic and life-saving care. At MU we are proud to honor nurses for their amazing dedication and commitment to their patients, their patient’s families, and our nation’s most vulnerable communities.

To all the nurses who read this page, THANK YOU for all that you do!

To read more about the history of National Nurses Week, check out the American Nurses Association’s website.

Monday, May 1, 2023

USCIS RECEIVES AN INCREDIBLE 750,000 H-1B CAP REGISTRATIONS FOR ONLY 85,000 SLOTS

USCIS announced that it has received a record 758,994 eligible registrations for the FY 2024 (March 2023) H-1B cap season.  This is substantially more than the 483,927 registrations in the FY 2023 (March 2022) H-1B cap season, a 60% increase.

Here are the H-1B registrations totals for the last several fiscal years.








USCIS has notified H-1B cap lottery winners.  H-1B winners have until June 30, 2023 to submit their full H-1B cap petition to the USCIS for adjudication.

The USCIS report acknowledges that there may be “misuse” of the H-1B cap registration system.  At the AILA Spring Conference, USCIS said that it expects to make investigations that could lead to both civil and criminal penalties for people who fraudulently filed multiple H-1B petitions.

As has been the case since the launch of the on-line registration system in March 2020, the USCIS will continue to update the H-1B cap winners list.  Additional winners may be selected in subsequent rounds until March 2024. USCIS is not expected to notify any H-1B lottery entrants of non-selection until all 85,000 H-1B cap approval notices have been issued.

Friday, April 28, 2023

HEALTHCARE IMMIGRATION WEBINAR

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, May 16, 2023 at 2PM Eastern (1PM Central).

 

Join us for this FREE webinar to learn more about:

  • Green Card Process for Schedule A
  • Healthcare Worker Certificates
  • PERM for Healthcare Workers
  • H-1Bs for Healthcare Workers
  • Priority Dates/Retrogression Predictions

PLEASE JOIN US!

Tuesday, April 18, 2023

EB-3 RETROGRESSION WEBINAR

MU Law will be hosting a FREE webinar for our clients and friends on Thursday, April 20, 2023 at 3PM Eastern (2PM Central).

Join us for this FREE webinar to learn more about:

·         What is Retrogression? Why did this happen?

·         Philippines and ROW 

·         What a Healthcare Worker should continue to do during Retrogression  

·         Alternatives to an EB-3?

·         Analysis and Prediction for FY 2024

 

PLEASE JOIN US!

Thursday, April 13, 2023

MAY 2023 VISA BULLETIN: EB-3 RETROGRESSION

The Department of State just issued the May 2023 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin 

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

 

EB

All Other

CHINA

INDIA

PHILIPPINES

EB-1

C

01FEB22

01FEB22

C

EB-2

15FEB22

08JUN19

01JAN11

15FEB22

EB-3

01JUN22

01APR19

15JUN12

01JUN22

Other workers

01JAN20

15APR15

15JUN12

01JAN20

USCIS

The USCIS is expected to use Table A: Final Action Dates chart for I-485 employment-based filings. A Beneficiary must be current on the above Table A chart in order to file their I-485, Adjustment of Status applications. See: USCIS Visa Bulletin Dates

MU Law Analysis 

The May 2023 Visa Bulletin retrogressed Philippines and Worldwide EB-3 to June 1, 2022.  This means that unless the Beneficiary has a priority date earlier than June 1, 2022, they will unfortunately not be able to proceed with a visa appointment.  MU Law expects that this June 1, 2022 date will not progress until at least October 1, 2023.  The October 2023 Visa Bulletin, which should be released by the State Department in mid-September 2023, will be the next time that we may see forward movement in the EB-3 category. 

On the good news front, China EB-3 actually progressed five months to April 1, 2019.  China EB-2, India EB-3 and India EB3 remained unchanged.  Philippine and ROW EB-3 Other Workers, which is the category for occupations such as Nurse Aides, remains retrogressed but held steady to January 2020.

Thursday, April 6, 2023

MEDICAL EXAMS NOW VALID FOR TWO YEARS – USCIS ENDS 60 DAY SIGNATURE RULE

 Effective March 31, 2023, USCIS no longer requires that the medical exam (Form I-693) be submitted to USCIS within 60 days of the civil surgeon’s signature.  Medical exams remain valid for two years after the civil surgeon’s signature, regardless of when the underlying immigration application was submitted to USCIS, including I-485 applications for green cards. 

USCIS indicates that this new policy will allow the USCIS to process I-485 applications more expeditiously instead of requesting updated medical exams.  USCIS also clarified that civil surgeons must use the current edition of Form I-693 as of the date of the civil surgeon’s signature and comply with the CDC’s Technical Instructions for Civil Surgeons in effect at the time of the civil surgeon’s signature.

Tuesday, April 4, 2023

DEPARTMENT OF STATE RAISES NONIMMIGRANT VISA CONSULAR FEES

Beginning May 30, 2023, consular fees required for certain nonimmigrant visas will be raised according to an updated Schedule of Fees published in the Federal Register.

The fee changes to be put in effect are:

  • The application processing fee for non-petition based nonimmigrant visas (such as B-1/B-2 and F-1 visas) will be raised from $160 to $185.
  • The application processing fee for H, L, O, P, Q, and R nonimmigrant visas will be raised from $190 to $205.
  • The fee for E category nonimmigrant visas will be raised from $205 to $315.
  • The processing fee for Border Crossing Cards for Mexican citizens age 15 and over will be raised from $160 to $185.

Friday, March 31, 2023

USCIS ANNOUNCES END OF COVID-RELATED FLEXIBILITIES

On March 23, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced the end of certain flexibilities initially introduced during the COVID-19 pandemic. Prior to March 23, 2023, applicants and petitioners were granted an automatic 60-day extension when responding to certain notices and requests.

Effective immediately, notices and requests dated after March 23, 2023, must be responded to by the deadline listed in the notice or request. This includes:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional centers;
  • Notices of Intent to Withdraw Temporary Protected Status; and
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Applicants who wish to file Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, must also comply with the deadlines stated on the form instructions.

Upon request, the USCIS will continue to provide certain flexibilities on a case-by-case basis if the petitioner or applicant is affected by an emergency or unforeseen circumstance, such as such as natural catastrophes, national emergencies, or severe illness.

Tuesday, March 28, 2023

FISCAL YEAR 2024 H-1B LOTTERY COMPLETE

USCIS has announced that it has received more than 85,000 registrations during the registration period to reach the fiscal year (FY) 2024 H-1B cap.  Musillo Unkenholt has begun the process of notifying clients if their cases were selected or not selected in the H-1B lottery. Selected cases can file an H-1B petition with USCIS beginning April 1, 2023 through June 30, 2023. 

“Winning” the lottery does not guarantee an H-1B approval.  Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements.

Occasionally, the USCIS does not receive enough H-1B cap petitions during the April 1-June 30 period to meet the 85,000 H-1B annual limit.  If this happens, USCIS will conduct subsequent lottery selections until it has approved 85,000 H-1B petitions.

Monday, March 27, 2023

USCIS BEGINS ISSUING ADIT STAMPS VIA MAIL FOR QUALIFYING LAWFUL PERMANENT RESIDENTS

On March 16, 2023, USCIS announced that they will begin issuing Alien Documentation, Identification, and Telecommunication (ADIT) stamps through the mail for qualifying Lawful Permanent Residents (LPRs).

An ADIT stamp provides temporary evidence of LPR status and can be requested in situations where a LPR cannot rely on their Green Card for evidence of status. An ADIT stamp can be requested when:

  1. The LPR no longer has their Green Card; or
  2. The LPR’s Green Card expired while a Form I-90, Application to Replace Permanent Resident Card; Form I-751, Petition to Remove Conditions on Residence; or, Form N-400, Application for Naturalization is pending and any automatic extension of their green card has also expired.

Previously, a LPR had to make an appointment with a USCIS field office and have their passport physically stamped to obtain an ADIT stamp. Now in qualifying cases USCIS will issue ADIT stamps by mail.

 The new procedure for obtaining an ADIT stamp through the mail is:

  1.  The LPR calls the USCIS contact center at 800-375-5283 and explains why they need temporary evidence of LPR status.
  2. The LPR identifies themselves and provides their mailing address. At this time, USCIS will check whether the mailing address provided can receive UPS or FedEx express mail. Since USCIS will issue the stamp via UPS or Fedex, a P.O. Box should not be provided as the mailing address as P.O. Boxes only receive USPS mail.
  3. If USCIS determines that the LPR qualifies to receive an ADIT stamp through the mail, then they will mail a Form I-94 with an ADIT stamp, DHS seal, and a printed photo of the LPR from USCIS systems.

In cases where there is an urgent need for an ADIT stamp, USCIS will provide an appointment at a Field Office. Additionally, USCIS will not issue an ADIT stamp via mail if they cannot confirm the LPR’s identity or address, or if they do not have a useable photo of the LPR in their systems.

Wednesday, March 22, 2023

APRIL 2023 VISA BULLETIN: ANALYSIS AND PREDICTION

The Department of State recently issued the April 2023 Visa Bulletin. This blog post analyzes this month's Visa Bulletin. 

Visa Bulletin 

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

 

EB 

All Other 

CHINA 

INDIA 

PHILIPPINES 

1st 

01FEB22

01FEB22

2nd 

01JUL22

 08JUN19

01JAN11

01JUL22

3rd 

 01NOV18

15JUN12

Other workers

01JAN20

01OCT14

15JUN12

01JAN20

Table B: Dates of Filing

The USCIS will be using Table A: Final Action Dates chart for I-485 employment-based filings. A beneficiary must be current on the above Table A chart in order to file their I-485, Adjustment of Status applications. See: USCIS Visa Bulletin Dates   

MU Law Analysis 

This month again there was good news and bad news for the retrogressed EB-2 and EB-3 categories. 

There was a retrogression in all categories of EB-2 except China due to high demand. Philippine and ROW retrogressed by four months whereas India unexpectedly retrogressed by nine months.  

The news remains positive for Philippine and Worldwide EB-3, where dates held at Current. China EB-3 progressed three months, which was unexpected, good news. 

 

Increased demand in the Employment Third category may necessitate the establishment of a worldwide final action date (including Mexico and Philippines) in the coming months. This means that all EB-3 categories are expected to retrogress by the end of the fiscal year.


EB-3 Other Workers, which is the category for occupations such as Nurse Aides, remains retrogressed but held steady to January 2020 for Philippine and ROW.