US DEPARTMENT OF LABOR (DOL) RELEASES NEW LABOR CONDITION APPLICATION (LCA)

Effective Monday, November 19, 2018, the DOL released a new LCA (Form ETA-9035) which must be used on all immigration filings going forward. A certified LCA must be included in immigration filings for H-1B, H-1B1, and E-3 status.  The DOL generally certifies an LCA approximately 7-10 days after submission of the LCA to the DOL.    

Certified and date-valid LCAs in the old format can still be used in immigration filings, provided the LCAs have unused slots in the appropriate filing category, e.g. new employment, continuation of employment without change, etc. 

For all immigration filings, the new LCA requires the legal business name of the end-client(s) as well as the street address of the worksite(s) where the employee will physically work.

For H-1B masters cap petitions, the new LCA requires:

o   The name of the institution that awarded the employee’s master’s degree;

o   The field of study in which the employee’s master’s degree was awarded;

o   The date on which the employee’s master’s degree was awarded; and

o   Documentation substantiating the employee’s master’s degree information.

MU’s employer checklists for H-1B, H-1B1, and E-3 filings have been updated to request this information from employers at case initiation. 

DECEMBER 2018 VISA BULLETIN: TRENDS AND PREDICTIONS

The Department of State has just issued the December 2018 Visa Bulletin. This is the third Visa Bulletin of Fiscal Year 2019. This blog post analyzes this month's Visa Bulletin.

December 2018 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  Class	All Other	CHINA	INDIA	PHIL'PNES
EB-1	01JUL17	01SEP16	01SEP16	01JUL17
EB-2	C	01JUL15	01APR09	C
EB-3	C	08JUN15	01MAR09	15JUN17

Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.

EB  Class	All Other	CHINA	INDIA	PHIL'PNES
EB-1	01JUN18	01OCT17	01OCT17	01JUN18
EB-2	C	08SEP15	22MAY09	C
EB-3	C	01DEC15	01JAN10	01AUG17

MU Law Analysis (all references are to Table A unless noted)

All Other, Mexico: As we expected, the EB-1 category moved several months. We expect continued steady movement in this category for All Other.

China: Likewise, the China EB-1 category progressed several months. This category may not move as fast as All Other in the next few Visa Bulletins. China EB-2 moved two months, although EB-3 only advanced one week. We expect EB-3 to slightly outpace EB-2 in the next few Visa Bulletins.

India: The Indian EB-3 date moved two months, which was more than expected. There is a chance that EB-3 continues to move at this pace for the next few Visa Bulletins. We expect the slow/no progress to be standard for EB-2 in the first part of FY 2019.

Philippines: The EB-3 date again also only moved up by week, which is slower than we would have liked to have seen. While over the course of FY2019, we should eventually see the EB-3 priority date extend into CY2018, we do not expect too much movement in the next few Visa Bulletins.

USCIS ANNOUNCES THE TERMINATION OF SELF-SCHEDULED INFOPASS APPOINTMENTS

In 2019, the USCIS plans to expand its Information Services Modernization Program throughout the US. This expansion will end self-scheduled InfoPass appointments and instead applicants will use the USCIS website to view general how-to information, access processing times, check case status, and other information about the processing of immigration cases.

The USCIS states that the transition to the Information Services Modernization Program has already improved the delivery of emergency services which can only be provided in person. USCIS surveys and data determined that most people scheduling InfoPass appointments could obtain the same information by calling the USCIS or checking the USCIS website. 

Going forward, when the USCIS customer service representative online or on the phone determines an in-person appointment is necessary, the customer service representative will schedule the appointment for the applicant.