CGFNS, ICN LAUNCH RESEARCH WEBSITE

The International Centre on Nurse Migration (ICNM) was created by the Commission on Graduates of Foreign Nursing Schools (CGFNS) International and the International Council of Nurses (ICN). ICNM develops and promotes research, policy and information on global nurse migration. 

The ICMN has launched a website aimed at being a significant resource for research and information.  The website is www.intlnursemigration.org.  From their press release:

The new website features a bold, user-friendly web interface to easily access news, resources, and ICNM publications. eSource, a new website feature, offers a platform for new and experienced researchers to share articles, reports, papers or presentations on migration related issues with other researchers and the public.

DOS: WE HOPE TO PROGRESS PHILS EB-3 IN THE SUMMER

AILA has discussed the Philippine EB-3 retrogression with Charlie Oppenheim, who is the Department of State’s Chief of the Visa Control and Reporting Division.  Mr. Oppenheim is the person at DOS who writes and produces the Visa Bulletin.

While he cannot speculate as to future dates, he “hopes to advance the cut-off date throughout the summer.”  This statement is consistent with MU Law’s April 14, 2015 blog posting on this issue.

USCIS demand for Philippine EB-3 visa numbers has increased.  The DOS says that 2,000 Philippine EB-3 visa numbers were requested in the six week period leading to the publication of the may Visa Bulletin, which is a massive increase from Fiscal Year 2014 (Oct 1, 2013 – Sept 30, 2014).  FY2014 saw a total of 3,275 Philippine EB-3 immigrant visas used.

MU Law expects that the Philippine EB-3 number will return to 2014 or even 2015 in the forthcoming months.  However if Philippine EB-3 demand continues the Philippine EB-3 number may eventually retrogress negatively, although it is too early to specifically estimate Visa Bulletin dates in calendar year 2016.

MU LAW H-1B TELECONFERENCE APRIL 22, 2015

MU Law will be holding a free teleconference for our clients on April 22,
2015 at 2PM ET / 11AM PT.  Interested clients should email MU’s Annalisa
Smith, who can register you for the teleconference.

The agenda will include:

1.       H-1B cap update.

2.       Analysis of the new H-1B ruling, Matter of Simeio Solutions, which
mandates a new or amended H-1B petition whenever there is a change in the
employment location.

3.       What the new Visa Bulletin means for the Philippines EB-3
category.

4.       Hot topics in PERM adjudications.

5.       Legislative update.

BREAKING: MANILA EMBASSY TO EXPEDITE EB3 IMMIGRANT VISA APPOINTMENTS

The US Embassy in Manila has waived the requirement for making an appointment for a visa interview for those who are affected by the retrogression (priority dates on or after July 01, 2007) and have never been interviewed. Once applicants have all the required documents and have completed the medical examinations at St. Luke's Extension Clinic, they may come to the Embassy's Immigrant Visa Check-in Counter on any workday between 7:30 a.m. and 8:30 a.m. from April 15, 2015 through April 28, 2015 for the visa interview.

More on their webpage:

http://manila.usembassy.gov/immigrant-visa/retrogression-of-may2015-cut-off-dates5.html

MAY 2015 VISA BULLETIN

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

The big news was the massive retrogression of the Philippines EB-3.  This was completely unexpected.  MU Law believes that the Philippine EB-3 retrogression is a temporary situation that should correct itself in the second half in 2015.  Please read our blog post from April 14, 2015 for deeper analysis on the state of the Philippine EB-3.

The news was much better for the other categories.  India EB-2 has progressed to April 15, 2008, although India EB-3 only moved up one week to January 15, 2004.  All Other EB-3 moved into January 2015, which is also the date for Mexico’s EB-3.

China EB-2 improved to June 1, 2012 and EB-3 is now at May 1, 2011.  Both of these dates continue to progress positively.

Employment- Based	All Other	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JUN12	15APR08	C	C
3rd	01JAN15	01MAY11	15JAN04	01JAN15	01JUL07

VISA BULLETIN: PHILIPPINES EB-3 RETROGRESSED TO 2007: WHAT DOES THIS MEAN?

The May 2015 Visa Bulletin, released April 13, 2015, contained a major surprise for Philippines EB-3.  That visa number was retrogressed to July 2007.  While this was unwelcome news, MU Law has checked with several sources and it is our sense is that this retrogression is a temporary blip in immigrant visa processing for Philippines EB-3 applicants.  Because there are very few Philippine EB-3 applications between 2009-2013, MU Law believes that the Philippines EB-3 date will return to at least 2014, although this may not happen until Fiscal Year 2016 begins in October 2015.

Philippine EB-3 applicants have claimed many older priority dates from the high demand era of 2007-2009.  The Department of State had progressed the Philippine EB-3 number over the last year in an effort to spur these older applicants into filing their immigrant visa applications.  The retrogression is recognition that this effort to spur older immigrant visa applicants has worked.  The DOS now has had to tap on the breaks in order to process these older immigrant visa applications. 

MU Law expects that the Philippines EB-3 number will remain in 2007 for the June 2015 Visa Bulletin.  Because July is the start of the fourth and final fiscal quarter, the July 2015 Visa Bulletin may include a progression of the Philippine EB-3 date if overall demand for immigrant visas is low.  It is common for the fourth fiscal quarter to include dramatic improvements in visa bulletin dates.  For example, the Philippines EB-3 number advanced from November 07 (May 2014 Visa Bulletin) to January 09 (July 2014 Visa Bulletin) to April 2011 (September 2014 Visa Bulletin).

With the start of the next fiscal year (FY2016) in October 2015, the DOS should progress the Philippine EB-3 date to 2014.  The DOS will then steadily increase the date throughout FY2016, perhaps even making the Philippines EB-3 date current early in FY2016.

H-1B CAP REACHED AT 233,000

U.S. Citizenship and Immigration Services (USCIS) has just announced that it has received nearly 233,000 H-1B petitions during the April 1-7 filing period.  This figure includes both regular H-1B cap-subject petitions and H-1B petitions filed for the advanced degree exemption.  This is the largest number of H-1B cap-subject petitions ever received.  About 36% of the H-1Bs will be accepted and 64% will be returned. 

Earlier today, USCIS used a computer-generated random selection process, or “H-1B lottery,” to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing. 

It is expected that it will take until mid-May before the H-1B lottery winners and losers are notified.  USCIS will begin premium processing for H-1B cap cases no later than May 11, 2015. 

NEW H-1B NOW REQUIRED WHEN AN H-1B WORKER CHANGES LOCATION

In a dramatic change ignoring 20 years of past precedent, the

USCIS' Administrative Appeals Office has decided that a new H-1B

petition must be filed every time an H-1B employee changes worksites, if

the new worksite is outside of the original metropolitan area.

Effective immediately all MU Law client-employers must file new or amended

H-1B petitions to protect these H-1B workers.  This will dramatically and

negatively change the process for many H-1B employers, especially those

employers in the staffing and consulting industries.  These industries

should expect to spend additional time and cost preparing and filing

previously unnecessary H-1B amendment petitions.

The AAO decision is titled, Matter of Simeio Solutions, LLC.

MU'S SCHNEIDER NOMINATED FOR PROFESSIONALISM AWARD

Congratulations! MU's Maria Schneider has been nominated for the Cincinnati Bar Association's Young Lawyer Section Professionalism Award. This award honors the YLS member who best demonstrates respect toward colleagues, his or her clients, and the judiciary. The recipient of this award is an individual who reveres the legal process and all who are involved in it and encourages others to do likewise.

USCIS TO ALLOW DUAL INTENT, 240 WORK AUTHORIZATION FOR H-1B1, CW-1, E-3

The USCIS has proposed regulations that will allow H-1B1, CW-1, and E-3 visa holders to have dual intent.  The proposed regulation will also grant extended work authorization to these visa status holders who timely file their visa status extension petitions.  These changes will bring these three categories into harmony with similar employment-based visa status programs, such as the H-1B and the L-1.

Allowing dual intent will remove an unnecessary legal headache when these visa status holders apply for permanent residency.  Currently, H-1B1, CW-1 and E-3 visa status holders must be extremely careful when preparing their green card petitions or risk running afoul of the immigrant intent rule.  Strictly speaking, these visa status holders cannot intend to file for US Permanent Residency.

Granting extended work authorization is also a welcome for these visa status holders.  Under the current interpretation these workers were forced to stop working unless their visa status extension was approved prior to the expiration of the initial visa status.  When the new rule is finalized, those in H-1B1, CW-1, and E-3 visa status will be allowed to work during the pendency of their visa status extension petition, even if the extension petition is not approved before the expiration of the prior status.  This work authorization is for 240 days, per 8 CFR 274a.12(b)(20).

These visa categories were all established in the mid-2000s.  The H-1B1 provides an H-1B-like visa status for Singaporean and Chilean nationals.  The E-3 functions similarly for Australian nationals.  These visas were approved by Congress when trade deals were struck with these three countries.  The advantage of these visas is that they are not subject to the H-1B cap.  There are quotas for these categories, although none of the quotas have veer been reached.

The CW-1 is transitional visa used for foreign nationals seeking to enter the Commonwealth of the Northern Marianas Islands.  The CW-1 visa was set to sunset in 2014, but recent legislation extends the transitional visa until December 31, 2019.

Healthcare workers who work in occupations that require at least a Bachelor degree may qualify for these visas.  Typically we see these visas used by Physical Therapists, Occupational Therapists, Doctors, Pharmacists, and Speech Language Pathologists.