THE BLOG IS TWELVE YEARS OLD

I'm taking a brief time-out from the usual updates on healthcare immigration to note that this blog is now twelve years old!   The first blog post was on March 27, 2006 when I was with Hammond Law Group.  At that time, very few immigration law blogs existed.  The idea of a blog with such a narrow focus seemed a little naive, but thanks to a regular readership the blog has thrived.  

In November 2007 Sam at ILW.com asked if I would like to syndicate my blog through ILW.com, which I immediately agreed to do. Readership doubled.    ILW.com has been a leader in immigration law information and a great supporter.  ILW.com now houses about a dozen blogs.  This one was the second, after Greg Siskind’s blog.

The blog’s main page at Musillo.com regularly attracts 15,000 monthly page views, sometimes doubling or tripling that number.  The current iteration of the blog (since 2009) passed one million page views earlier this month!

The best part about the blog has been the people that have connected with me through the blog.  I've been in Senate staff meetings and had their senior staff tell me that were regular readers.  AILA's Annual Conference is always a fun time because there are always a few attendees who read my name tag and tell me that they are regular readers.  Readers are always commenting. They are the blog's lifeblood. 

Thanks to all of you for your kind words and input.

The blog is accessible through a number of channels.  I hope that you will keep reading and commenting.

Main Page: www.musillo.com
ILW.com syndication: http://blogs.ilw.com/nurse_immigration/
Subscribe via Email: (right hand side) www.musillo.com
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USCIS TO SUSPEND PPS FOR H-1B CAP CASES

USCIS will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This suspension is expected to last until Sept. 10, 2018.

During this time, USCIS will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap.

USCIS’ press release says that this temporary suspension will help them reduce overall H-1B processing times in these ways:

-Process long-pending petitions, which we have currently been unable to process due to the high volume of incoming petitions and the significant surge in premium processing requests over the past few years; and

-Prioritize adjudication of H-1B extension of status cases that are nearing the 240 day mark. 

Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap.  The H-1b cap is expected to be reached during the first week in April.

VISA BULLETIN APRIL 2018: MASSIVE PROGRESSIONS IN INDIA AND PHILIPPINES

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

April 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	MEXICO	PHIL'PNES
EB-1	C	01JAN12	01JAN12	C	C
EB-2	C	01AUG14	22DEC08	C	C
EB-3	C	01JUN15	01FEB08	C	01JAN17

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	MEXICO	PHIL'PNES
EB-1	C	C	C	C	C
EB-2	C	01FEB15	08FEB09	C	C
EB-3	C	01JAN16	01APR08	C	01JUL17

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

All Other:  The EB-2 has been current for many years.  The EB-3 is also current and is expected to remain current for the foreseeable future.

China (mainland-born):  Both China EB-2 and EB-3 favorably progressed, each by more than 6 months in Table A.  The China EB-3 remains more favorable than Chinese EB-2.  The odd situation of China EB-3 progressing faster than China EB-2 will remain to be the case for the foreseeable future.  The Chinese EB-1 date retrogressed back to 2012.  We will have a blog post about this shortly.

India:  Although EB-2 barely moved, EB-3 leaped ahead one year!  This is terrific news for Indian EB-3 cases.  While we do not think that another one year movement is in the future, it would not surprise us if the progress holds because (a) the 2007 Visa Gate situation has now passed, and (b) the 2007-12 recession led to a smaller number of green card filings than would have otherwise been filed.  The India EB-1 date retrogressed back to 2012.  We will have a blog post about this shortly.

Mexico: Mirrors All Other in analysis.

Philippines: While our internal measures indicated last month that we should be optimistic that Phils EB-3 would continue to move forward, we did not expect just how positive the progression would be.  Phils EB-3 is now at Jan 2017, which is only a 14 month retrogression. Great news indeed!

H-1B CAP SUPPLY AND DEMAND V. UNEMPLOYMENT RATE

In 2009, a mere 9,000 H-1Bs were received in the first month of H-1B processing.  It would be 264 days before the H-1B cap was reached.  In 2010, it took 300 days until the H-1B cap was reached.  In 2011, there were 236 days between the April 1, 2011 cap opening and the November 23, 2011 cap being reached.  Not coincidentally, the US employment rate from 2009-2011 ranged between eight and ten percent.

On the other hand, the H-1B cap was reached on the very first day in 2007, 2008, each year since 2013, mirroring the low unemployment rate.

The lack of H-1B petition filings in years when the unemployment rate is high is compelling evidence against the argument that internationally-trained workers are being used to displace American workers and lower US workers' salaries.

Why?  Because if H-1B visa labor was being used primarily to lower US workers’ salaries, then H-1B filing numbers would not correlate with US unemployment rates.  If anything, the reverse would happen because the incentive to reduce workers’ salaries is likely greater in a recessed economy, not less.

SEVEN THINGS TO REMEMBER ABOUT THE H-1B CAP

1.                   These types of cases are subject to the H-1B cap:

• International students working on an EAD card under an OPT or CPT program after having attended a U.S. school;
• International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case;
• Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1;- H-1B workers with a cap exempt organization; and
• Prospective international employees currently living abroad.

2.                   These types of cases that are not subject to H-1B cap:

• H-1B amendments/extensions/transfers
• When the employee has been in H-1B status for less than 6 years
• Trade Visas (H-1B1, E-3, TN-1) Chile, Singapore, Australia, Canada, Mexico
• MDs who have received a J-waiver of their 2 years foreign residency requirement.
• H-1Bs filed by institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization.

3.                   Employees with a U.S. master’s degree or higher get two chances at the H-1B cap.  The USCIS first runs a Masters Cap H-1B lottery to determine 20,000 lottery winners.  All H-1B applicants who lose this lottery are then placed in the general 65,000 H-1B lottery.

4.                   Cap-Gap Rule: USCIS automatically extends the H-1B status of OPT F-1 students who win the H-1B lottery.  The OPT F-1 status is extended through October 1, at which point the status converts to H-1B by operation of law.

5.                   An Employee does not have to hold H-1B status for the employer to initiate green card process. This can be started while the employee is on F-1 or most other statuses.

6.                We do not recommend that F-1 students travel outside the US while their H-1B cap petition is pending at USCIS.  USCIS may consider the petition to be abandoned.  If the F-1 student does travel, the employee is required to apply for an H-1B visa abroad before re-entering the US.

7.                   The employee’s proposed worksite may not change until the H-1B CAP petition is approved.  If the worksite changes the USCIS is inclined to deny the case.  If possible the H-1B cap petition should be upgraded via Premium Processing.  Upon approval of the H-1B, the employer can file an H-1B amendment.

H-1B CAP: PAST DEMAND AND 2018 DEMAND

This year’s H-1B filing date of April 1, 2018 is coming fast.  MU Law predicts that H-1B petitioners will file fewer than the 200,000 petitions that were filed last year.  

When the USCIS receives more H-1B petitions than slots available it holds an “H-1B lottery”.  Last year, the USCIS held an H-1B lottery because it received over twice as many H-1B petitions as there are slots available.

If you are considering filing an H-1B cap-subject petition, MU Law urges you to begin that process now.

The H-1B is usually associated with IT positons.  Most of the H-1B slots are used by IT professionals.  Many healthcare professions also qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.

International workers who are working in the U.S. on an H-1B visa with another H-1B employer are not subject to H-1B cap. These cases are commonly referred to as “H-1B transfer” cases and may be filed at any time throughout the year.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

Past H-1B Demand:

Year:	H-1B Cap Numbers:	Date H-1B Cap Reached:
H-1B 2003 (FY 2004)	65,000	October 1, 2003
H-1B 2004 (FY 2005)	65,000	October 1, 2004
H-1B 2005 (FY 2006)	85,000	August 10, 2005
H-1B 2006 (FY 2007)	85,000	May 26, 2006
H-1B 2007 (FY 2008)	85,000	April 1, 2007
H-1B 2008 (FY 2009)	85,000	April 1, 2008
H-1B 2009 (FY 2010)	85,000	December 21, 2009
H-1B 2010 (FY 2011)	85,000	January 25, 2011
H-1B 2011 (FY 2012)	85,000	November 22, 2011
H-1B 2012 (FY 2013)	85,000	June 11, 2012
H-1B 2013 (FY 2014)	85,000	April 1, 2013
H-1B 2014 (FY 2015)	85,000	April 1, 2014
H-1B 2015 (FY 2016)	85,000	April 1, 2015
H-1B 2016 (FY 2017)	85,000	April 1, 2016
H-1B 2017 (FY 2018)	85,000	April 1, 2017
H-1B 2018 (FY 2019)(projected)	85,000	April 1, 2018

VISA BULLETIN MARCH 2018: ANALYSIS AND PREDICTIONS

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

March 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	MEXICO	PHIL'PNES
EB-1	C	C	C	C	C
EB-2	C	01DEC13	15DEC08	C	C
EB-3	C	15NOV14	01JAN07	C	01MAY16

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	MEXICO	PHIL'PNES
EB-1	C	C	C	C	C
EB-2	C	01FEB13	08FEB09	C	C
EB-3	C	01JAN16	01JAN08	C	01OCT16

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

All Other:  The EB-2 has been current for many years.  The EB-3 is also current and is expected to remain current for the foreseeable future.

China (mainland-born):  Both China EB-2 and EB-3 favorably progressed, each by two months in Table A.  The China EB-3 remains more favorable than Chinese EB-2.  The odd situation of China EB-3 progressing faster than China EB-2 will remain to be the case for the foreseeable future.  A note at the end of the February Visa Bulletin says that both China EB-2 and  EB-3 should move several months in the near future.

India:  Both India EB-2 and EB-3 progressed.  EB-2 only progressed by one week.  EB-3 moved ahead by 4 weeks.  A note at the end of the February Visa Bulletin says that India EB-3 should move 1-3 months in the near future.

Mexico: Mirrors All Other in analysis.

Philippines: The Philippine EB-3 date moved two months, which is its best movement in FY2018. This may reflect the fact that I-485 processing times may slow because of the new I-485 EB interview requirement.  If EB I-485 interview times slow, it will cause the DOS to free up more visas for Consular Processing petitions.  This is also reflected in the fact that EB-3 Table B moved three months.  A note at the end of the February Visa Bulletin says that we should expect one month movements in EB-3. MU is slightly more optimistic than this projection.