Wednesday, July 17, 2019

ROLL CALL: US HEALTH CARE WOULD COLLAPSE WITHOUT FOREIGN NURSES

An article in Roll Call highlights the significant damage that the Fairness Act would do to American healthcare, a point that we have raised in the past.  As we said then,

The Fairness for High-Skilled Immigrants Act has a worthwhile aim: eliminating the incredibly long backlog for Indian EB2 and EB3 applicants.  Musillo Unkenholt is in favor of the bill, provided that it is modified in a way to allow nurses to continue to come to the US.  As it is currently structured, the Fairness for High-Skilled Immigrants Act would eliminate nurse immigration into the US.

Fortunately, there is a better way.  Last week, Sen. Rand Paul (R-KY) introduced the BELIEVE Act.  This Act merges the Fairness Act with increased employment-based immigration numbers and preserves visas for those occupations that are in such short supply that the importation of these workers has no negative impact on the wages and working conditions of US labor.  Musillo Unkenholt strongly supports the BELIEVE Act.

Friday, July 12, 2019

AUGUST 2019 VISA BULLETIN: ANALYSIS AND FAQ

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

August 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.

Employment-
based
All Other
CHINA
INDIA
PHILIPPINES
1st
01JUL16
01JUL16
01JAN15
01JUL16
2nd
01JAN17
01JAN17
02MAY09
01JAN17
3rd
01JUL16
01JAN16
01JAN06
01JUL16

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.

Employment-
based
All Other
CHINA
INDIA
PHILIPPINES 
1st
01SEP18
01OCT17
01OCT17
01SEP18
2nd
C
01FEB17
01JUN09 
C
3rd
C
01JUN16
01APR10
C


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

The DOS has retrogressed nearly all categories in August.  This happens almost every year.  It is nothing to be concerned about.  The DOS noted that:

The implementation of the above mentioned dates is expected to be only a temporary issue.  For October, the first month of fiscal year 2020, every effort will be made to return these final action dates to those which applied for July.
FAQ

Musillo Unkenholt has received many emails and phone calls from people who have questions about this Visa Bulletin.  We have put together this FAQ for all readers of the MU Law Blog.

Q.  Why do the August and September Visa Bulletins always have unusual progressions and retrogressions?

A. These two Visa Bulletins are the final two Visa Bulletins of the US Fiscal Year, which runs from October 1 – September 30.  The DOS must make sure that it uses all 140,000 employment-based immigrant visas.  If it does not use all 140,000 immigrant visas, then the visas do not roll over into the next fiscal year.  On the other hand, the DOS cannot use more than 140,000 immigrant visas or else they violate federal law.  

Q. The Philippine and All Other EB2 retrogressed for the first time in many years.  Does this mean that the Philippine EB2 and All Other dates will permanently be retrogressed?

A.  No.  This is a temporary retrogression that will only last until October 1, 2019.  The DOS expects that the October Visa Bulletin will be Current for both Philippines and All Other EB-2.

Q.  If I have an interview will I still be able to get my green card?

A.  If you have an interview before July 31, you will be able to get your green card.  However if you do not have an interview until August or September, the interview may be postponed until October.


Q. At what rate will the Philippine EB-3 and All Other EB-3 move in 2019 and 202?

A.  The DOS indicated that the Philippine EB-3 and All Other EB-3 should remain Current or almost Current after October 1.  After October, we expect continued favorable Visa Bulletins for these categories.


Please post any other questions to the blog or Facebook and we will try to timely answer.

Wednesday, July 3, 2019

IMMIGRATION 101: AN OVERVIEW OF EMPLOYMENT-BASED IMMIGRATION OPTIONS


MU Law will be hosting a free webinar for our clients and friends on Wednesday August 21, 2019 at 2PM / 11AM PT. Interested clients and friends can register for our webinar by clicking on the link below.
This webinar will provide a high level overview of a variety of work visa classifications.  An Immigration 101 session, this webinar will give clients a general understanding of the visa options available for employees at all levels of any organization.   
Webinar Agenda:
  • Overview of H-1Bs
  • OPT and CPT work authorization for students
  • Free Trade Visas, i.e. TN, H-1B1, and E-3
  • Visas for Entrepreneurs, e.g. L-1A, L-1B, E-1, and E-2
  • Summary of the green card process for employees
  • Q&A
PLEASE JOIN US!