Webinar - H1Bs for Registered Nurses

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, August 22, 2023 from 2:00-3:00 pm Eastern (1:00-2:00 pm Central).

 

Join us for this FREE webinar to learn more about:

• H1Bs for Registered Nurses – Schedule A vs. H1B Timeline
• Registered Nurse Beneficiary Requirements
• Registered Nurse Position Requirements (BS in Nursing)
• H1Bs for Registered Nurses at Cap Exempt Institutions
• Staffing Companies vs. Direct Placement

 

PLEASE JOIN US!

USCIS EXPANDS MYPROGRESS TO FORM I-765 AND FORM I-131

U.S. Citizenship and Immigration Services recently announced they will be expanding myProgress (formerly known as personalized processing times) to Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document. myProgress was previously available to applicants with an online USCIS account who had filed Form N-400, Application for Naturalization; Form I-90, Application to Replace Permanent Resident Card; or Form I-130, Petition for Alien Relative.

myProgress is a tool created by the USCIS to provide personalized estimates of wait times for “major milestones” on an applicant’s case. According to the USCIS, the estimated wait times are based on historical patterns of cases with similar facts. However, the USCIS did note that these wait times are not guaranteed, as the USCIS cannot take into consideration all possible processing delays.

To view estimated wait times via myProgress, applicants must first create a USCIS online account or log into their existing account and select their pending application. Applicants should see a myProgress tab, which displays the estimated wait time until their case has a decision. This tab will also display a check mark beside three milestones as they are completed:

• Confirmation that the application was received;
• Biometric services appointment (if required) has been completed; and
• The decision on the pending case.

myProgress will not provide information about the applicant’s eligibility to file an Outside of Normal Processing Time service request. To determine their eligibility, Applicants will still be required to visit the public Check Case Processing Times webpage.

WHAT DOES THE AUGUST RETROGRESSION MEAN FOR FUTURE PRIORITY DATES?

The retrogression cut-off in the EB3 category pushed back priority dates to 2020.  While a retrogression is never great news, this retrogression is not as dramatic as it might seem at first look.  Our sense is that when the October 2023 visa bulletin is published, it will show an EB-3 (non-India and non-China) with a mid-2022 priority date.  However, because the Department of State is not forthcoming with their demand and usage data, please assume large error bars around our projection.

A significant retrogression of priority dates is common nearly every summer.  Visa numbers began to run out toward September 30, which is the end of the fiscal year.  The DOS is trying to use the last of the 140,000 annual employment-based visas in September.  (Note- in some years the employment-based visa quota is greater than 140,000).  While the DOS could theoretically release all 140,000 immigrant visas on October 1 every year, they do not do this so that there is a steady stream of immigrant visas throughout the year.

In October an additional 140,000 EB visas will be allocated, which is why we expect the dates to progress again.  Again, it is difficult to be too precise with an October 2023 EB-3 projection because we do not know too much about the DOS’ demand and usage data.

AUGUST 2023 VISA BULLETIN: NO MORE VISAS

The Department of State just issued the August 2023 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 Other	CHINA- mainland  born	INDIA	MEXICO	PHILIPPINES
1st	01AUG23	01FEB22	01JAN12	01AUG23	01AUG23
2nd	01APR22	08JUL19	01JAN11	01APR22	01APR22
3rd	01MAY20	01JUN19	01JAN09	01MAY20	01MAY20

USCIS

The USCIS is expected to use Table A: Final Action Dates chart for I-485 employment-based filings. A Beneficiary must be current on the above Table A chart to file their I-485, Adjustment of Status applications. See: USCIS Visa Bulletin Dates

MU Law Analysis

As we explained last month, the DOS has almost exhausted all employment-based visas for FY 2023.  As a result, almost all categories retrogressed will retrogress even further in August, essentially ending visa issuance until the start of the next fiscal year on October 1, 2023.  There were some slight improvements in the Chinese dates probably reflecting strained US-Chinese relations and decreased demand related to COVID in the 2019-2022 time frame.

These EB-3 retrogressions mean that the USCIS and DOS overextended priority dates earlier in the year and did not see the demand for the visa numbers that were there.

The Visa Bulletin includes a Note about EB-3s, indicating that the demand exceeded the expectation.  Accordingly, MU does not expect any progression in EB-3 for the rest of the fiscal year.

Even the EB-1 dates were retrogressed, including the Indian date by 10 years.  The Visa Bulletin does say that the Indian EB-1 dates should return to at least February 2022 at the start of the next fiscal year.

USCIS EXPANDS PREMIUM PROCESSING FOR CHANGE OF STATUS APPLICATIONS TO F, M, OR J NONIMMIGRANT STATUS

USCIS announced that applicants filing Form I-539 seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status can now request premium processing on Form I-907 based on the following schedule:

• Effective June 13, USCIS now accepts I-907 requests filed via paper form or online for F, M, or J applicants with a pending I-539;
• Starting June 26, USCIS will accept I-907 requests filed together with I-539 applications seeking F, M, or J status;

This expanded premium processing is only available for change of status requests.  The I-907 request must be submitted in the same manner as the I-539 application, either online or snail mail.  The premium processing clock will start only once all I-539 applicants have completed biometrics.

The premium processing fee for F, M, and J change of status applicants is $1,750 and the processing time is 30 days.

USCIS GUIDANCE: EMPLOYMENT AUTHORIZATION DOCUMENTS BASED ON COMPELLING CIRCUMSTANCES

USCIS has issued a policy alert and has updated its policy manual to provide additional guidance on the compelling circumstances that may warrant the issuance of certain Employment Authorization Documents (EADs).

Under the current regulation, USCIS may, in its discretion, issue EADs to certain I-140 beneficiaries who, at the time of filing Form I-765: (1) hold E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status; (2) have an I-140 priority date that is not current according to the visa bulletin; and (3) can demonstrate compelling circumstances that justify the issuance of employment authorization.

An individual with a valid compelling circumstances-based EAD is considered by USCIS to be in a period of authorized stay, and therefore will not accrue unlawful presence.

In its updated policy manual, USCIS provides a non-exhaustive list of situations that could lead to a finding that compelling circumstances exist, including:

• serious illness and disability,
• employer dispute or retaliation,
• other substantial harm to the applicant, or
• significant disruption to the employer.

The updated policy manual also provides guidance on evidence an applicant could submit to demonstrate compelling circumstances such as:

• school or higher education enrollment records,
• mortgage records, or
• long-term lease records

Finally, USCIS confirms in its policy manual that a compelling circumstances-based EAD will be granted for a validity period of up to 1 year, with the possibility of subsequent renewal(s).

JULY 2023 VISA BULLETIN: ANALYSIS AND EXPECTATIONS

The Department of State just issued the July 2023 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.

 

EB	All Other	CHINA	INDIA	PHILIPPINES
EB-1	C	01FEB22	01FEB22	C
EB-2	15FEB22	08JUN19	01JAN11	15FEB22
EB-3	01FEB22	01APR19	01JAN09	01FEB22
Other workers	01JAN20	01SEP15	01JAN09	01JAN20

 

USCIS

The USCIS is expected to use Table A: Final Action Dates chart for I-485 employment-based filings. A Beneficiary must be current on the above Table A chart to file their I-485, Adjustment of Status applications. See: USCIS Visa Bulletin Dates

MU Law Analysis

This Visa Bulletin shows that the DOS has almost exhausted all employment-based visas for FY 2023.  All categories remained the same or retrogressed.

The two categories that retrogressed were EB-3 for All Other Countries, including the Philippines.  The date was moved back to Feb 1, 2022, from June 1, 2022, a four-month retrogression.   India EB-3 dropped back to January 1, 2009, which is a significant retrogression. 

These EB-3 retrogressions mean that the USCIS and DOS overplayed their progression earlier in the year and did not see the demand for the visa numbers that were clearly there. 

MU’s expectation is that we will see any more progression throughout FY23, through September 30, 2023.

The Visa Bulletin included these notes about the two retrogressed categories.

E. RETROGRESSION IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR REST OF WORLD COUNTRIES, MEXICO, AND PHILIPPINES

In the May 2023 Visa Bulletin, the EB-3 final action dates for Rest of World, Mexico, and the Philippines were established to keep number use within the FY 2023 annual limit. This was in part due to higher than expected demand from applicants with priority dates earlier than the established final action dates.  The Department and USCIS continue to see increased demand from these applicants, necessitating retrogression.  As a result, the Rest of World, Mexico, and Philippines EB-3 final action dates have retrogressed to 01FEB22. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

F. RETROGRESSION IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR INDIA

As readers were informed was possible in Item E of the June 2023 Visa Bulletin, it has become necessary to retrogress the EB-3 final action date for India effective in July. India’s EB-3 number use has been consistently robust throughout the fiscal year, and it is estimated that applicants chargeable to India will use all EB-3 numbers made available to them during this fiscal year, taking into account INA 202(a)(5) and INA 202(e), by the end of June. Thus, applicants from India are subject to a final action date of 01JAN09. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

TIME OPINION: TO SOLVE THE U.S. NURSING SHORTAGE CRISIS, THE COUNTRY MUST CHANGE ITS IMMIGRATION POLICIES

The United States is about to learn the hard way what happens when an entire generation of nurses retires without enough new clinicians to fill their shoes at the bedside.  That is how an opinion piece in Time magazine presents the US nursing crisis.  The opinion piece co-authored by HHS Secretaries Kathleen Sebelius (Obama) and Alex Azar (Trump) urges Congress to recapture unused visas for qualified international nurses to address the growing US nursing shortage.

The Secretaries plainly argue that,

This is a whole-of-America crisis and we need a whole-of-government response, including a sensible loosening of licensing requirements, prioritize positive patient outcomes by modernizing the responsibilities and standards of nursing, supporting expanded educational opportunities, and enabling lawful employment-based immigration.

The Congress would do well to heed the Secretaries warnings and embrace their solutions.

HEALTHCARE IMMIGRATION WEBINAR

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, May 16, 2023 at 2PM Eastern (1PM Central).

 

Join us for this FREE webinar to learn more about

• Green Card Process for Schedule A
• Healthcare Worker Certificates
• PERM for Healthcare Workers
• H-1Bs for Healthcare Workers
• Priority Dates/Retrogression Predictions

PLEASE JOIN US!

JUNE 2023 VISA BULLETIN

The Department of State just issued the June 2023 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.

 

EB	All Other	CHINA	INDIA	PHILIPPINES
EB-1	C	01FEB22	01FEB22	C
EB-2	15FEB22	08JUN19	01JAN11	15FEB22
EB-3	01JUN22	01APR19	15JUN12	01JUN22
Other workers	01JAN20	01SEP15	15JUN12	01JAN20

USCIS

The USCIS is expected to use Table A: Final Action Dates chart for I-485 employment-based filings. A Beneficiary must be current on the above Table A chart to file their I-485, Adjustment of Status applications. See: USCIS Visa Bulletin Dates

MU Law Analysis 

There was virtually no change between the June 2023 Visa Bulletin and the May 2023 Visa Bulletin, which is unsurprising given that the May 2023 VB was notably retrogressed, indicating that the State Department has probably allocated most of this fiscal year’s visas. 

The only change on the above chart was that China EB-3 Other Workers progressed four months to September 15, 2015.

The June 2023 Visa Bulletin included a statement indicating that all India EB-3 visas have been utilized. 

E. VISA AVAILABILITY IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR INDIA

Steady number use and high demand in the EB-3 category for India will most likely necessitate retrogression of the EB-3 final action date for India as early as next month to hold number use within the maximum allowed under the FY-2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

MU CELEBRATES NATIONAL NURSES WEEK

MU Law is pleased to recognize that May 6^th to May 12^th is National Nurses Week in the United States. National Nurses Week is a weeklong celebration of the significant contributions nurses have and continue to make in America. 

Nurses make up the largest part of the health care workforce, with more than four million registered nurses, almost one million licensed practical nurses, and over 300,000 nurse practitioners nationwide. While it is a large profession, there is still room for more nurses to overcome longstanding staffing shortages and meet growing demand in the future. 

Every day, nurses go above and beyond to provide heroic and life-saving care. At MU we are proud to honor nurses for their amazing dedication and commitment to their patients, their patient’s families, and our nation’s most vulnerable communities.

To all the nurses who read this page, THANK YOU for all that you do!

To read more about the history of National Nurses Week, check out the American Nurses Association’s website.

USCIS RECEIVES AN INCREDIBLE 750,000 H-1B CAP REGISTRATIONS FOR ONLY 85,000 SLOTS

USCIS announced that it has received a record 758,994 eligible registrations for the FY 2024 (March 2023) H-1B cap season.  This is substantially more than the 483,927 registrations in the FY 2023 (March 2022) H-1B cap season, a 60% increase.

Here are the H-1B registrations totals for the last several fiscal years.

USCIS has notified H-1B cap lottery winners.  H-1B winners have until June 30, 2023 to submit their full H-1B cap petition to the USCIS for adjudication.

The USCIS report acknowledges that there may be “misuse” of the H-1B cap registration system.  At the AILA Spring Conference, USCIS said that it expects to make investigations that could lead to both civil and criminal penalties for people who fraudulently filed multiple H-1B petitions.

As has been the case since the launch of the on-line registration system in March 2020, the USCIS will continue to update the H-1B cap winners list.  Additional winners may be selected in subsequent rounds until March 2024. USCIS is not expected to notify any H-1B lottery entrants of non-selection until all 85,000 H-1B cap approval notices have been issued.