Tuesday, July 23, 2024

WEBINAR - H-1Bs FOR REGISTERED NURSES

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, July 30th, 2024 from 1:00-2:00 pm Eastern (12:00-1:00 pm Central).

Join us for this FREE webinar to learn more about:

  • Specialty Occupation Criteria
  • Potential H-1B Filing Approaches
  • H-1B Cap Exemption
  • H-1B RN Filing Trends

PLEASE JOIN US!

Thursday, July 11, 2024

AUGUST 2024 VISA BULLETIN: EB-3 RETROGRESSION LOOMS

The Department of State has just issued the August 2024 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.

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

There was small movement forward for India Categories EB-2 and EB-3 with priority dates moving forward nearly one month, but the remaining preference categories made no movement from July 2024.

The Visa Bulletin noted again that demand and number use has remained high in the EB-3 visa category. Although retrogression was not necessary for August, it will likely be necessary to either retrogress the final action date or make the category “Unavailable” in September.

Wednesday, July 10, 2024

WEBINAR - H-1Bs FOR REGISTERED NURSES

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, July 30th, 2024 from 1:00-2:00 pm Eastern (12:00-1:00 pm Central).

Join us for this FREE webinar to learn more about:

  • Specialty Occupation Criteria
  • Potential H-1B Filing Approaches
  • H-1B Cap Exemption
  • H-1B RN Filing Trends

PLEASE JOIN US!

Tuesday, June 11, 2024

JULY 2024 VISA BULLETIN: ALL EB-3 VISAS HAVE BEEN EXHAUSTED

The Department of State has just issued the July 2024 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.

Employment-
based

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

INDIA

MEXICO

PHILIPPINES

1st

C

01NOV22

01FEB22  

C

C

2nd

15MAR23

01MAR20

15JUN12

15MAR23

15MAR23

3rd

01DEC21

01SEP20

22SEP12

01DEC21

01DEC21

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

This Visa Bulletin essentially means that there will not be any more employment-based immigrant visas issued this fiscal year.  The August Visa Bulletin will likely retrogress or make unavailable all EB-3 dates. 

Friday, May 31, 2024

USCIS TEXAS SERVICE CENTER TEMPORARILY CLOSED DUE TO SEVERE WEATHER

On May 28, 2024, the USCIS Texas Service Center temporarily suspended the intake of all petitions, applications, and other benefit requests due to widespread and severe weather. This temporary closure has caused delays in the delivery of all immigration applications, petitions, or immigration requests sent to the USCIS Texas Service Center.

Courier services will re-attempt delivery once the Texas Service Center re-opens, and petitioners and applicants do not need to take further action. At this time, USCIS has not announced when the Texas Service Center will re-open.

If a petition or application has been returned to its sender, USCIS advises those petitioners and applicants refile at their earliest convenience. 

In critical situations, petitioners or applicants affected by the intake disruption may request filing flexibilities, by calling theUSCIS Contact Centerat 800-375-5283. USCIS can consider relief on a case-by-case basis. If your case has been affected by the Texas Service Center’s temporary closure, please reach out to your Musillo Unkenholt legal team to determine what the best course of action is in your case.

Wednesday, May 8, 2024

JUNE 2024 VISA BULLETIN: SLOW TO NO MOVEMENT

The Department of State has just issued the June 2024 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.

Employment-based

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

INDIA

MEXICO

PHILIPPINES

1st

C

01SEP22

01MAR21

C

C

2nd

15JAN23

01FEB20

01APR12

15JAN23

15JAN23

3rd

22NOV22

01SEP20

15AUG12

22NOV22

22NOV22

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

All dates mirrored the April and May 2024 Visa Bulletins in all relevant dates, except for India EB-3 which advanced one week.  We continue to not expect any meaningful progression for the remainder of the US fiscal year. The US fiscal year ends on September 30, 2024.

Monday, April 15, 2024

USCIS ISSUES NEW GUIDANCE ON THE VALIDITY PERIOD OF MEDICAL EXAMS

On April 04, 2024, The U.S. Citizenship and Immigration Services (USCIS) issued a policy alert announcing official guidance in the USCIS Policy Manual clarifying the validity period of Form I-693, Report of Immigration Medical Examination and Vaccination Record, also known as the medical exam. Generally, all green card applicants are required to submit a valid medical exam to prove to the USCIS that the applicant’s green card application cannot be denied for health-related reasons. According to the USCIS, all medical examinations signed by a Civil Surgeon on or after November 1, 2023, will remain valid indefinitely.

The welcomed change in policy is due to technological advances in public health which allow civil surgeons to share some of the applicant’s medical data directly with the Centers for Disease Control and Prevention (CDC) and local U.S. health departments. Subsequently, a medical exam signed by a civil surgeon on or after Nov. 1, 2023, will never expire. Prior to this change, all properly completed medical exams were valid for only two years from the date of the civil surgeon’s signature.

However, the USCIS reminds applicants, that even in cases where an applicant’s medical exam is facially valid, USCIS officers do have the authority to request a new or updated medical exam if the reviewing officer has reason to believe the applicant’s medical condition has changed or if the reviewing officer has reason to believe the medical exam does not accurately reflect the applicant’s medical condition.  If you have any questions about how this guidance may impact your application, please contact Musillo Unkenholt.  

Thursday, April 11, 2024

MAY 2024 VISA BULLETIN: ANALYSIS

The Department of State has just issued the May 2024 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.

Employment-based

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

INDIA

MEXICO

PHILIPPINES

1st

C

01SEP22

01MAR21

C

C

2nd

15JAN23

01FEB20

01APR12

15JAN23

15JAN23

3rd

22NOV22

01SEP20

15AUG12

22NOV22

22NOV22

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

All dates mirrored the April 2024 Visa Bulletin.  We do not expect any meaningful progression for the remainder of the US fiscal year.  The US fiscal year ends on September 30, 2024.

Wednesday, April 10, 2024

AUTOMATIC EXTENSION OF CERTAIN EADs INCREASES TO 540 DAYS

USCIS has announced a temporary final rule increasing the automatic extension period for certain employment authorization documents (EADs) from 180 days to 540 days.

The rule applies to eligible workers with pending renewal applications filed on or after October 27, 2023, and to those who file renewal applications between April 8, 2024, and September 30, 2025.

Eligible workers include, but are not limited to:

  • E-1/2/3 spouses (A17);
  • L-1 spouses (A18);
  • Certain H-1B spouses; and
  • Workers with pending Adjustment of Status applications (C9).

A full list of the eligible categories may be found on the USCIS website here.

The temporary final rule follows a previous measure from 2022 that increased the EAD automatic extension period for workers with renewal applications filed before October 27, 2023.

USCIS estimates the temporary final rule will benefit 800,000 workers and 60,000 to 80,000 employers by preventing prevent lapses in work authorization.

From now until June 7, 2024, USCIS invites comments from the public on whether the automatic extension period for EADs should be permanently increased to 540 days or whether a different solution should be implemented.

MU Law encourages workers with pending EAD renewal applications to contact their MU immigration attorney to determine if they qualify for the automatic 540 EAD extension.

Please refer to the USCIS press release for further details. Comments may be submitted on the Federal Register until June 7, 2024.

Monday, April 8, 2024

Webinar on USCIS Online Filing for H-1Bs

MU Law will be hosting a FREE webinar for our clients and friends on Friday, April 12, 2024 at 12PM Eastern (11AM Central).

Join us for this FREE webinar to learn more about the USCIS' new online filing for H1Bs.

Friday, March 22, 2024

USCIS ANNOUNCES EXTENSION OF H-1B REGISTRATION PERIOD

On March 21, 2024, USCIS announced that they would be extending the registration period for the 2024 (fiscal year 2025) H-1B cap registration.

The initial registration opened at noon eastern on March 6, 2024 and was scheduled to run through noon eastern on March 22, 2024. The registration period will now run through noon eastern on March 25, 2024. The extension of the registration period is due to a temporary USCIS outage that was experienced by some registrants.

The registration process during this extended period will remain the same and USCIS still intends to notify registrants that they are selected by March 31, 2024.

Monday, March 11, 2024

APRIL 2024 VISA BULLETIN: ANALYSIS

The Department of State has just issued the April 2024 Visa Bulletin, which is the sixth of the 2024 US fiscal year.  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.

Employment-based

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

INDIA

MEXICO

PHILIPPINES

1st

C

01SEP22

01MAR21

C

C

2nd

15JAN23

01FEB20

01APR12

15JAN23

15JAN23

3rd

22NOV22

01SEP20

15AUG12

22NOV22

22NOV22

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

Philippines and All Other EB-3 continued slow, pace forward, moving ahead just over 60 days to November 2022. China and India EB-3 remained at September 1, 2020 and while India progressed just one month to August 15, 2012.  

There is a similar story in EB-2.  China and India EB-2 as each moved ahead one month.  Philippines and All Other EB-2 advanced approximately 60 days to January 15, 2023.

MU Law expects similar paced progress in the next few months, followed by a slowdown and we get closer to the end of the fiscal year over the summer months. 

Wednesday, February 14, 2024

MARCH 2024 VISA BULLETIN: ANALYSIS

The Department of State has just issued the March 2024 Visa Bulletin, which is the sixth of the 2024 US fiscal year.  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.

Employment-based

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

INDIA

MEXICO

PHILIPPINES

1st

C

15JUL22

01OCT20

C

C

2nd

22NOV22

01JAN20

01MAR12

22NOV22

22NOV22

3rd

08SEP22

01SEP20

01JUL12

08SEP22

08SEP22

Table B: Dates of Filing

The USCIS is expected to use the Table a Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

Philippines and All Other EB-3 continued slow, although uninspiring, progress by one week to September 8, 2022. China and India EB-3 remained at their February Visa Bulletin dates, September 1, 2020 and July 1, 2012, respectively.  

There is a similar story in EB-2.  China and India EB-2 remained at their February Visa Bulletin dates, January 1, 2020 and March 1, 2012.  Philippines and All Other EB-2 advanced one week to November 22, 2022.

MU Law expects similar progress in the next few months, followed by a slowdown and we get closer to the end of the fiscal year.