join us as MU Law explores the latest legal topics on the H-1B Cap 2017 &
the Trump Administration by hosting a free educational webinar
29, 2017 @ 3PM / 12PM PT
Webinar will take place on Livestorm.co
Please click the link below to register
will be provided a link for the event once registered!
year, the H-1B cap was reached in the first week with approximately 199,000
petition filings. Our webinar will feature in a range of topics including:
Alternatives for employees not chosen in this year’s CAP;
Preparing your employee for the consulate interview; H-1B Dependency Rule &
Issues with staffing companies; H1-B Amendments; Site Visits, and more.
webinar will also have a special update on the new Trump Administration. MU
Law’s Chris Musillo, who has recently traveled to Washington DC, will provide
an update on what potential changes will be coming to employment-based
immigration considering the new administration and recently issues memos.
webinar will last for approximately 90 minutes, including a live
Q&A session at the end.
We hope to see you there!
more information on the agenda of the webinar, please see below. Thank you.
- H-1B Cap
H-1Bs in 2017
- Alternatives for employees not chosen in this year's
- Preparing your employee for the consulate interview
- On-boarding an employee
Immigration in the era of
the Trump Administration
- H-1B Dependency Rule (LCA & 50/50 rule)
- H-1B issues for Staffing Companies and Third-Party
- What is Third-Party Placement v. In-House work?
- March 31, 2017 Computer Programmer Memo
- Rescinds the December 22, 2000 Terry Way memo issues
to the Nebraska Service Center
- Implications for future H-1B filings
- H-1B Amendments
- Short Term Placement Rule (30-day rule)
- Amendment pending but employee is now moving to new
work site. What is the Employer's strategy?
- Employee is still abroad but work site changes
- Pending H-1B CAP case but the assignment no longer
- Site visits
- How can the Employer prepare for a site visit?
- How can you prepare your employee for a site
- Traveling and Consular Process
- Potential regulatory changes
- Potential legislative changes
The Department of State’s Visa
Bulletin guru, Charlie Oppenheim, hosts monthly
meetings with the American Immigration Lawyers Association. Charlie Oppenheim is the Department of State’s
Chief of the Control and Reporting Division. He is the officer who is
responsible for producing the Visa Bulletin each month.
This month’s Check In With Charlie
featured predictions about EB2 and EB3, which are the most popular categories
for readers of this Blog. Here are some
of this month’s highlights:
Philippine EB-3: Charlie
expects to aggressively move this category into mid/late 2015 before the end of
the fiscal year (September 30, 2017). MU
Law believes that the category will continue to be positive, although we do not
expect that the significant progression will continue once the Visa Bulletin after
the fiscal year, because demand for Philippine EB-3 was heavy in 2016. Having said that, we do expect continued
steady movement forward.
Worldwide EB-3: This
category should continue to be effectively current, with a retrogression of
only a few weeks/months.
India EB-2: Charlie expects
minimal movement forward. Charlie claims
that 40 percent of the India EB-2 demand is from India EB-3 upgrades.
India EB-3. This number will be aggressive advanced because
Worldwide EB-3 demand has slowed. As a
matter of process, unused Worldwide EB-3 numbers spill into the slowest EB-3
The Department of State has just issued the June 2017 Visa Bulletin. This is the ninth Visa Bulletin of Fiscal Year 2017. This blog post analyzes this month's Visa Bulletin.
July 2017 Visa Bulletin
Final Action Dates
Applications with these dates may be approved for their Green Card (Permanent Residency card).
MU Law Analysis
All Other: The EB-2 has been current for many years. The EB-3 progression continues to be effectively current.
China (mainland-born): The DOS instituted a retrogression for China EB-1 with the June Visa Bulletin. The continued high level of demand for EB-1 numbers for USCIS adjustment of status applicants has required the establishment of a date for June. It is expected that this EB-1 retrogression will last until October 2017.
The China EB-2 date again moved up, but only a few weeks. The DOS notes that there has been an extremely large increase in EB-3s during the past month. The China EB-3 date retrogressed. It is now slower than China EB-2. This was predicted last month.
India: As with China, India EB-1 now is retrogressed. It is expected that this EB-1 retrogression will last until October 2017.
EB-2 India moved up about two weeks. EB-3 India jumped into 2006, which is a pleasant surprise. It is not what we expected. The DOS is clearly trying to ensure that all visa numbers are used in FY2016.
Mexico: Mirrors All Other in all aspects.
Philippines: EB-3 moved ahead one full year! The Philippine EB-3 number essentially cleaned out all of the 2010, 2011, 2012, 2013, and half of 2014 EB-3 visas in about 7 months. This is even more positive than we expected. (Our note from September 2016: "This is consistent with internal MU Law analysis which sees this category progressing into 2013 by the Summer of 2017.").
Our internal metrics see the Philippine EB-3 number continuing to progress at a rapid clip for the rest of 2017.
On June 6, 2017 US Secretary of Labor,
Alexander Acosta, announced new Department of Labor (DOL) actions to enforce
work visa programs. This announcement
was made in support of President Trump’s Executive Order
on Buy American and Hire American.
The Secretary’s actions are
outlined in a news
release issued by the DOL. Secretary Acosta has determined it is the policy
of the DOL to vigorously and actively enforce laws governing visa
programs. The DOL actions for
- The DOL Wage and Hour Division will conduct more civil
investigations and site visits.
- The DOL Employment and Training Administration will
develop and propose changes to the LCA (Labor Condition Application) as well as
other forms to better identify violations and fraud. Among other things,
the DOL will be looking at how to better monitor LCA filings for violations and
prevent fraud with regard to the:
- exemptions for H-1B dependent employers where the employee
has a master’s degree or greater or makes $60,000/year or more;
- the rate of pay listed on the LCA; and
- the worksite location(s) listed on the LCA.
The DOL Office of the Inspector
General has posted some recent cases on its website.
- The DOL will actively coordinate
with and refer cases to the Inspector General and Attorney General in cases of criminal fraud,
which is outside the DOL’s jurisdiction.
- There will be additional training
of DOL Officers to detect civil and criminal fraud.
- The DOL will continue to work with
the US Department of Justice and US Department of Homeland Security to
investigate, detect, and prevent fraud in all visa programs.
Are you an immigration attorney who
is going to the AILA Annual Conference in New Orleans? If so, and
if you do not have plans on Thursday evening, please join us for
For the last several years a group
of AILA lawyers who practice in healthcare have gotten together for a dinner on
the Thursday of AILA Annual week. Most years we have about 15-20 people
attend. Every year a few new people join the group.
It is a great chance to catch up
with old friends (and new ones!). It is a casual event. If you are an AILA
attorney who is interested in attending this year’s dinner, please let me know how
many will be attending from your group by June 16. Friends, spouses, etc. are