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).