Monday, May 20, 2019

USCIS FINISHES H-1B LOTTERY

USCIS has finished the data entry for all FY 2020 H-1B cap-subject petitions.  Musillo Unkenholt continues to see H-1B checks being cashed and continues to receive H-1B receipt notices in our mail.  Therefore H-1B cap-subject petitioners should not lose hope yet if they have not received an H-1B receipt notice.  We expected that we will continue to see H-1B receipts for the next two weeks.

After the final H-1B receipt notices are sent by USCIS, they will begin returning all H-1B cap-subject petitions that were not selected.  In past years it has taken USCIS 1-2 months to complete this process.  Musillo Unkenholt does not expect the final H-1B returns until late June or early July.

Wednesday, May 15, 2019

JUNE VISA BULLETIN: ANALYSIS AND PREDICTIONS


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

June 2019 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     
PHILIPPINES    
EB-1
22APR18
22FEB17
01JAN15
22APR18
EB-2
C
01AUG16
19APR09 
C
EB-3
C
15SEP15
01JUL09 
01NOV18

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     
PHILIPPINES    
EB-1
01SEP18
01OCT17
01OCT17
01SEP18
EB-2
C
01NOV16
01JUN09 
C
EB-3
01JAN16
01APR10

01JAN19
  
MU Law Analysis (all references are to Table A unless noted)

All Other: The EB-1 category moved about 7 weeks.  We expect continued steady movement in this category for All Other.  We do not see any retrogression in the future for EB2 or EB3, other than the usual retrogression at the end of the Fiscal Year.

China: China EB-2 moved 2+ months, moving more than one year so far in 2019’s calendar months.  EB-3 moved ahead half as fast – about three weeks -- which reflects continued demand in EB-3, likely related to the many EB-3 “downgrades”.  EB-2 remains superior to EB-3.

India: There was very little movement in any of the Indian categories.  EB-1 will almost surely not move in FY 2019.  We do not expect any significant Indian movement this fiscal year.  Longer term, we are slightly more optimistic about India EB-3, which should progress faster than EB-2.

Philippines: The EB-3 date leaped again.  It should be into 2019 shortly, and we do not expect any retrogression in the near future. 

Tuesday, May 7, 2019

USCIS BLOCKED FROM ENFORCING UNLAWFUL PRESENCE MEMO AGAINST F-1 AND OTHER STUDENTS

A federal district court judge has issued a nationwide preliminary injunction, effective immediately, which prohibits the USCIS from enforcing its "Accrual of Unlawful Presence and F, J, and M Nonimmigrants” Guidance Memo.  That memo penalized F, J, and M international students for overstaying or violating the terms of their visas in extremely harsh, unprecedented ways.  MU Law detailed that Guidance Memo in September. 

This is great news for F, J, and M nonimmigrants, including those who trained under CPT and OPT.

Monday, May 6, 2019

NATIONAL NURSES WEEK

MU Law is pleased to recognize that this week is National Nurses Week.  National Nurses Week is a weeklong celebration of the significant contributions that nurses have and continue to make in America.  Nurse.com has a webpage specially dedicated to National Nurses Week. 

The special section focuses on the 200th birthday of Florence Nightingale.  Beyond her heroic work in the Crimean War, Nightingale is credited with professionalizing the role of nurses. 

Beyond highlighting the work of Nightingale, the section has articles on nursing ethics, nursing academics, career development, and advocacy.  It is worth your time to spend a little while on the page. 

And to all the nurses who read this page.  THANK YOU for all that you do!