DHS TO CREATE FILIPINO WWII VETERANS PAROLE PROGRAM

This blog generally focuses on employment based immigration, especially those in the healthcare area.  Today's’ blog post is not that.  Today’s blog post is focused on a new USCIS veterans Parole program for Filipino WWII veterans.  Since so many healthcare works are of Filipino descent, we though that this item was worthwhile for our readership.

The new program may enable Filipino family members to provide support and care to their aging veteran family members who are U.S. citizens or lawful permanent residents.

USCIS has merely announced their intention to establish the program.  It is not yet effective.   Any applications received before the program is implemented may be denied. USCIS will inform the public when the application process is in place.  Register to receive email USCIS updates.

SUNSET OF 50/50 H-1B FILING FEES

In 2010, Congress passed Public Law 111-230.  PL 111-230 raised H-1B and L-1 filing fees for employers who have over 50 employees with more than 50% of these employees in H-1B or L-1 status.  H-1B petitions were assessed an additional $2,000 in filing fees.  L-1 petitioners were assed $2,250 in additional filing fees.  These additional fees did not stay with USCIS but were deposited into the US government’s general treasury fund, ostensibly to fund border security.  PL 111-230 was original to end in 2014, but was re-authorized until September 30, 2015.

At this time, PL 111-230 has not been reauthorized and so 50/50 employers no longer need to pay the additional filing fees.  AILA has confirmed that USCIS is aware of the ending of PL 111-230.

REVISED VISA BULLETIN REVEALS TONE DEAF USCIS

On late Friday afternoon the USCIS and DOS issued a revised October 2015 Visa Bulletin.  The new revised Visa Bulletin has a devastating impact on those in the US and who qualify as China EB-2, India EB-2, and Philippines EB-3. 

Revised October 2015 Visa Bulletin (Changes in bold)

Employment- Based	All Other	CHINA - mainland born	INDIA	PHILIPPINES
1st	C	C	C	C
2nd	C	01JAN13	01JUL09	C
3rd	01SEP15	01OCT13	01JUL05	01JAN10

Original October 2015 Visa Bulletin

Employment- Based	All Other	CHINA - mainland born	INDIA	PHILIPPINES
1st	C	C	C	C
2nd	C	01MAY14	01JUL11	C
3rd	01SEP15	01OCT13	01JUL05	01JAN15

The USCIS published a stilted “explanation” for the revision,

Following consultations with the Department of Homeland Security (DHS), the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process.

For the most part I stay away from commentary on this blog.  Not today.

This revised Visa Bulletin means that the majority of people who could have filed their I-485s on October 1, 2015, now must indefinitely wait.  Allowing long-suffering workers the flexibility that would come with the filing of I-485s would have been excellent policy.  Implementing that policy was excellent government action.  Implementing the policy and then rescinding the policy is incompetence.

These government bureaucrats are tone-deaf to the actual human beings behind these petitions.   These agencies had ten months to implement this system.  The idea that these agencies only consulted in the last two weeks is preposterous. 

Many of these immigrant workers spent thousands of dollars hiring counsel to prepare their Applications.  They took time off from their jobs to subject themselves to ridiculously unnecessary (and costly) medical examinations. 

Worse than the dollars spent and the time spent is the crushing of these immigrants’ hope.  These are the immigrants who continually get trashed by an immigration system that cannot get out of its own way. 

There are already rumors that the USCIS and DOS are being threatened with lawsuits.  There is also a rumor that the USCIS and DOS may not want to repeat the fiasco that was the Visa Gate in 2007, and therefore may rescind this Revised Visa Bulletin.  

FCCPT: ICMT CLAIMS ARE FALSE

The Foreign Credentialing Commission on Physical Therapy (FCCPT) has posted notice on its website that the Indian College of Management & Technology is making false claims about its relationship with FCCPT.  FCCPT issued a cease and desist letter to ICMT on August 26, 2015. 

According to FCCPT, ICMT claims to provide “A Program 100% Approved and Accepted by F.C.C.P.T, USA”.  FCCPT comments that “ICMT has no working relationship with FCCPT, and FCCPT has not approved coursework completed at ICMT. FCCPT accepts some coursework completed at ICMT study centers for recognized Indian Universities with recognized physiotherapy education programs. However, all credits must be granted by the Universities.”   FCCPT reminded applicants to limit their coursework to recognized educational institutions if the applicants want their coursework to be credited.

AAIHR CODE OF ETHICS

Because of the long‐term personnel shortages in the healthcare industry, foreign‐educated and trained personnel must play a part in the solution to the healthcare problem that America is facing. Stakeholders are actively trying to abate this problem through investments in foreign educated personnel.

These investments will only be sustainable if the standards of this industry meet the high standards set by the healthcare industry. The Ethical Code developed by the AAIHR takes a 360 degree approach to ethical recruitment and ensures responsible international healthcare recruitment.

As a member of the AAIHR Code of Ethics Committee, I have seen the Code work in practice. Our office has endorsed the AAIHR Code of Ethics.  If you are a stakeholder in the world on international healthcare recruitment, please consider endorsing the Code and/or joining the AAIHR.

MORE NEWS AND ANALYSIS ON THE NEW VISA BULLETIN

AILA has published a new Q&A with Charlie Oppenheim, who is the DOS’ Visa Bulletin guru.  Charlie points out a number of interesting points about the new Visa Bulletin. 

• The DOS may not always publish a monthly Dates of Filing chart.  If it does not publish a chart, then the only I-485s that will be accepted by USCIS are those petitions with priority dates earlier than the “Final Action” chart.  Each month, the Visa Bulletin will indicate whether USCIS will accept adjustment applications during the upcoming month.

• The new Visa Bulletin will not slow the overall processing times for immigrant visas. 

• Charlie does not expect the “Final Action” chart to retrogress for the foreseeable future.  The DOS expects to be able to give better forewarning when retrogression may occur.  The “whiplash” effect of dates moving aggressively forward and backward is expected to no longer occur because the DOS will have much better data regarding the actual number of immigrant visas that are being demanded.

• The “Dates of Filing” Visa Bulletin chart is not expected to change much from month to month, but when it does move it is expected to move only forward, albeit slightly.

• The “Dates of Filing” chart always has always existed but its application was limited to Consular Process petitions.  Overseas immigrant visa petitioners have always received their NVC Fee Bills several months earlier than indicted by the Visa Bulletin.  The only change that has occurred is that the DOS is now publishing this chart.

NEW VISA BULLETIN ALLOWS EARLY FILING OF I-485s

In a ground-breaking change, the Department of State and the USCIS have changed their process for accepting I-485, Applications for Adjustment of Status.  Adjustment of Status applications will now be accepted earlier than when the priority date is current. 

The Department of State will now publish two Employment-based Visa Bulletin charts each month: (1) Application Final Action Dates (dates when visas may finally be issued); and (2) Dates for Filing Applications (earliest dates when applicants may be able to apply). 

The earlier filing of the I-485 has several direct benefits for both employers and employees:

• Applicants can file for their Employment Authorization Documents (EADs) concurrently with their I-485.  This allows Applicants to take advantage of the AC-21 rule for same or similar employment.  This also allows applicant to work at second jobs.
• Applicants can file for their Advance Paroles (APs) concurrently with their I-485.  This allows Applicants to travel without having to obtain a new visa stamp.
• Spouses of applicants can apply for both EADs and APs.  This allows spouse’s work authorization.
• Fewer H-1B amendments and extensions should need to be filed.  None of the H-1B amendment rules apply to people who hold EADs.

If you are an employer or an employee who can now file an I-485, please contact our office so that we can prepare and file your I-485.

The new October 2015 Visa Bulletin is:

A. APPLICATION FINAL ACTION DATES

This Chart is comparable to the old Visa Bulletin.

Employment- Based	All Other	CHINA - mainland born	INDIA	PHILIPPINES
1st	C	C	C	C
2nd	C	01JAN12	01MAY05	C
3rd	15AUG15	15OCT11	08MAR04	01JAN07

B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may:

• Consular Applicants:  assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.

• Adjustment of Status Applicants: file Adjustment of Status, EAD and APs.

Employment- Based	All Other	CHINA - mainland born	INDIA	PHILIPPINES
1st	C	C	C	C
2nd	C	01MAY14	01JUL11	C
3rd	01SEP15	01OCT13	01JUL05	01JAN15

USCIS ALLOWS ANYONE TO PAY IMMIGRANT FEE

In February 2013, the USCIS launched a new Immigrant visa fee  of $165.00 for Consular Processed Immigrant Visa (green card) appointments.  This fee does not apply to I-485, Applications for Adjustment of Status.

Applicants pay online through the USCIS website after they receive their visa package from Department of State and before they depart for the United States.

USCIS has now simplified the process for paying the USCIS Immigrant Fee online in their electronic immigration system.  USCIS says that the revised payment process reduces the amount of information an immigrant must provide to USCIS.

Notably, anyone can now pay the fee, as long as they have the immigrant’s Alien Registration Number (A-Number) and DOS Case ID.

The USCIS Immigrant Fee is required for individuals immigrating to the United States as lawful permanent residents. USCIS uses this fee to process, produce, and deliver Permanent Resident Cards (Green Cards).

REMINDER: MU Law Client Conference Call

Musillo Unkenholt will hold a free teleconference on Thursday September 3, 2015 at 3PM ET / 12 noon PT.  All clients and friends of the firm are encouraged to dial-in to the call.  If you would like to register for the call, please send an email to: Annalisa@muimmigration.com.

The agenda for the teleconference includes:

* H-1B onboarding starts Oct 1: What do employers need to do to stay compliant?

* When does my H-1B worker have to start working?  The 30/60 day rule.

* Update on the Simeio Solutions case and Amended H-1Bs.

* When do I have to start paying an H-1B worker's salary?

* Form I-9 compliance

* E-Verify compliance

* Managing Social Security number issues.

* Handling Professional licensure issues.

* Working with the Consulate for H-1B Visa Issuance.

* H-1B cap 2015 final numbers and projections for 2016

Please contact your MU immigration attorney if you have any questions about this MU Visa Advisor or any other immigration issue.

USCIS DISCONTINUING LEGACY E-FILING

USCIS is discontinue its legacy e-Filing system and will be rolling out a new system called the Electronic Immigration System.  A date for the launch of the new system has not been announced.

USCIS expects that the new system will be faster, more secure, and easier to upgrade and update.  Importantly, the new systems will have high data security standards.

The last day to start new forms in the present system is August 30, 2015. The old system will be decommissioned on September 20, 2015.  After September 20, all forms must be filed via hard, paper copy. 

The legacy e-Filing system has offered online filing for several USCIS forms, although it was never widely accepted by users.  MU Law rarely used the e-filing system, as it offered no tangible benefits to petitioners and had several detriments. 

It remains to be seen if the new proposed system will enhance user experience.  It is worth noting that the Department of Labor’s on-line PERM system just celebrated its 10^th anniversary.  While the PERM system is not perfect, it achieves its goals and is a good model for the USCIS to emulate.

MU LAW CLIENT CONFERENCE CALL

Musillo Unkenholt will hold a free teleconference on Thursday September 3, 2015 at 3PM ET / 12 noon PT.  All clients and friends of the firm are encouraged to dial-in to the call.  If you would like to register for the call, please send an email to: Annalisa@muimmigration.com.

The agenda for the teleconference includes:

* H-1B onboarding starts Oct 1: What do employers need to do to stay compliant?
* When does my H-1B worker have to start working?  The 30/60 day rule.
* Update on the Simeio Solutions case and Amended H-1Bs.
* When do I have to start paying an H-1B worker's salary?
* Form I-9 compliance
* E-Verify compliance
* Managing Social Security number issues.
* Handling Professional licensure issues.
* Working with the Consulate for H-1B Visa Issuance.
* H-1B cap 2015 final numbers and projections for 2016

Please contact your MU immigration attorney if you have any questions about this MU Visa Advisor or any other immigration issue.

SEPTEMBER 2015 VISA BULLETIN

The Department of State has just released the September 2015 Visa Bulletin. This is the final Visa Bulletin of the 2015 Fiscal Year.  In mid-September the DOS will issue the first Visa Bulletin of Fiscal Year 2016.

The bizarre retrogression of the Philippines EB-3 continues.  Although the July Visa Bulletin showed that Philippine EB-3 was unavailable, and the August 2014 Visa Bulletin showed a June 1, 2004 priority date, this Visa Bulletin lists December 22, 2004.    This means that there are a few available visas for this fiscal year.  Please read our blog post from May 19 for deeper analysis on the state of the Philippine EB-3.

India EB-3 and China EB-3 also have priority dates of December 22, 2004.

All Other EB-3 is essentially current, with a date of August 15, 2015.  This is great news for all EB-3s, other than Philippine, China, and India.

India EB-2 retrogressed to January 1, 2006, reflecting continued heavy demand in this category.  As mentioned above, India EB-3 continued to move steadily. It is now at December 22, 2004.  

China EB-2 also reflected heavy demand, retrogressing back to Jan 1, 2006.

Employment- Based	All Other	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JAN06	01JAN06	C	C
3rd	15AUG15	22DEC04	22DEC04	15AUG15	22DEC04

DOL EXPECTS TO REDUCE PERM AUDIT TIMES

Registered Nurses and Physical Therapists are exempt from the Department of Labor PERM Application process because they are Schedule A occupations.  This is a great relief because it saves considerable time.  Other healthcare occupations, notably Occupational Therapist and Speech Language Pathologists, must still avail themselves of the PERM process.

PERM Applications usually take several months to prepare because before a PERM Application can be filed, the employer must test the labor market with a variety of advertisements that may be placed in newspapers, on the internet, and via hard copy Notice posting. 

After the labor market test is complete, the PERM Application is electronically filed with the Department of Labor.  The electronic filing sets the Application’s “priority date”.  The DOL electronically reviews the Application.  The DOL presently is reviewing PERM Applications that have December 2014 priority dates.

A percentage of PERM Applications are selected for auditing.  The audit selection process is generally random, although some factors can increase an Applications chance of being selected.  The biggest downside of the Audit is the processing time. 

The DOL is presently reviewing PERM Applications with a priority date of March 2014, which is about one and a half years from the date of the initial filing of the PERM Application.  If one assumes about 6 months for the pre-filing labor market test, then the total processing time for the PERM process is almost two years.

Fortunately the DOL appears to be aware of the backlogs.  At a recent meeting between AILA and the Office of Foreign Labor Certification, the OFLC said that it expects to see a “considerable reduction” in the audit processing queue.

NVC ERRONEOUSLY TERMINATING IMMIGRANT VISA APPLICATIONS

The National Visa Center has been issuing erroneous letters indicating that immigrant visa applications will be terminated because neither the applicants nor their attorneys have contacted the NVC within one year of notification of the availability of a visa.  These letters are often erroneous because applicants and their attorneys have contacted the NVC during the prior one year.  It appears that the emailed letters were sent by the NVC during the last week of July 2015.  The NVC is aware of their mistake and is taking steps to correct the erroneous letters. A similar issue arose in November 2014.

If you have received one of these emails, MU Law advises you to contact the NVC to make sure that they do not close your immigrant visa application.

The NVC has the right to ordinarily close applications under INA §203(g) for failure to contact the NVC within one year of notification of the availability of a visa.

GREEN CARD SIGNATURES UNNECESSARY

Green Cards (also known as Permanent Resident Cards) do not always include the Permanent Resident’s signature on the face of the card.  Beginning in February 2015, the USCIS began waiving the signature requirement for individuals who filed for their Green Card from abroad through the Embassy or Consulate in the home country.   The USCIS may waive the signature requirement in other limited circumstances, such as for children under the age of 18 or individuals physically unable to provide a signature.

When the Green Card is issued without a signature, the card will say “Signature Waived” on the front and back of the card where a signature would normally be located.

Green Cards identify the holder as a Lawful Permanent Resident of the United States and are proof of identity and work authorization.  Green Cards which say “signature waived” are valid for I-9 purposes, as long as the Green Card is unexpired.

USCIS ISSUES FINAL GUIDANCE ON AMENDED H-1B PETITIONS AFTER SIMEIO SOLUTIONS

The USCIS has again revised its interpretation of the opinion that it issued in the controversial Simeio Solutions decision.  The revised Final Guidance says that the Simeio Solutions decision will not be applied retroactively, which is a significant change from the USCIS’ May 26, 2015 Guidance.  The revised Final Guidance now says that these actions must be taken:

Date of H-1B employee's move	Action
On or before April 9, 2015	No amended H-1B is needed.
April 9 - August 19, 2015	Amended H-1B must be filed before Jan. 15, 2016.
After August 19, 2015	Must file an amended H-1B once LCA is certified.

H-1B employers should note that generally an H-1B employer has 30 days from the date of the move to file the amended H-1B.  Accordingly, we advise that MU Law is informed of the move immediately, so that we can prepare the LCA and the amended H-1B filing.

The revised Final Guidance reconfirmed that an amended H-1B petition is NOT required if the geographical move is within an “area of intended employment.”  An “area of intended employment” is generally the same as a Metropolitan Statistical Area.  Likewise, an amended H-1B petition is NOT required if the H-1B employee is attending training sessions, seminars, conferences, etc. of a short duration.

The revised Final Guidance also confirms that if an employer's amended H-1B petition is denied, but the original petition remains valid, the H-1B employee may return to work at the place of employment covered by the original petition.

DOS: EB-3s MAY MOVE AHEAD “A FEW MONTHS” IN SEPTEMBER

AILA’s “Check In with Charlie” is a monthly discussion with the Department of State’s officer who sets the monthly Visa Bulletin.  This month’s Check In revealed that Charlie thinks that EB-3 China, EB-3 India and EB-3 Philippines all have the potential to move forward a few months in September.  Whether or not the dates move will depend on demand for EB-3 Worldwide through early August.  

Charlie also predicts EB-3 Worldwide and EB-3 Mexico will continue to advance in September.  He expects that these categories dates may hold steady starting in October for a month or two.  This will allow the DOS to see if greater demand from the recent advancement of the cut-off date results in these categories.

India and China EB-2 is expected to remain unchanged for the next month.

USCIS AGAIN ACCEPTING H-1B EXTENSION PREMIUM PROCESSING

Effective immediately the USCIS is again accepting H-1B premium processing extensions petitions, ending a seven week suspension of the program.

In May, the USCIS suspended premium processing for all H-1B extension petitions.  The suspension was because the USCIS feared that the volume of H-1B extension petitions would surge due to the new H-4 EAD rule. 

Rumors persisted that the USCIS might end the suspension earlier than the previously announced July 27 reenactment date.  USCIS closely monitored the demand for the H-4 EADs and are confident that the implementation of the H-4 EAD program has worked well.  Accordingly, the suspension of the H-1B extension premium processing program is over.

AUGUST 2015 VISA BULLETIN

The Department of State has just released the August 2015 Visa Bulletin. This is the eleventh Visa Bulletin of the 2015 Fiscal Year.  

The bizarre retrogression of the Philippines EB-3 continues.  Although the July Visa Bulletin showed that Philippine EB-3 was unavailable, this month shows a date: June 1, 2004.  This means that there are a few available visas for this fiscal year.  Please read our blog post from May 19 for deeper analysis on the state of the Philippine EB-3.

All Other EB-3 is essentially current, with a date of July 15, 2015.  This is great news for all EB-3s, other than Philippine, China, and India.

India EB-2 remained at October 1, 2008. On the other hand, India EB-3 leapt ahead.  It is now at June 2004.  

China EB-2 improved another two and a half months to December 15, 2013 and EB-3 remained at September 1, 2011.  The story was much different for China EB-3, which retrogressed back to 2004.  Just a few months ago, China EB-3 had actually progressed further than EB-2.  There is now a nearly ten year gap between these two categories.

Employment- Based	All Other	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15DEC13	1OCT08	C	C
3rd	15JUL15	01JUN04	01JUN04	15JUL15	01JUN2004

The Visa Bulletin also included this notice:

D. CHINA-MAINLAND BORN EMPLOYMENT THIRD, AND THIRD OTHER WORKER VISA AVAILABILITY There was an extremely large increase in applicant demand reported for consideration in the determination of the August cut-off dates. Therefore, it has been necessary to retrogress the Employment Third, and Third Other Worker cut-off dates to hold number use within the FY-2015 annual limit. Every effort will be made to return those categories to the previously announced July cut-off dates as quickly as possible under the FY-2016 annual limits. Those limits will take effect October 1, 2015.