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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.
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.
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.
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:
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
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.
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.
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:
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:
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.
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.
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:
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.
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.
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 |
C |
01FEB22 |
01FEB22 |
C |
|
2nd |
01JUL22 |
08JUN19 |
01JAN11 |
01JUL22 |
|
3rd |
C |
01NOV18 |
15JUN12 |
C |
|
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.
