CISSNA’S FIRST ACT: CONTINUE ASSAULT ON BUSINESS IMMIGRATION

New USCIS Director L. Francis Cissna’s first act as USCIS Director is to rescind a 2004 Memorandum that had eased burdens on nonimmigrant extension petitions.  In its place, USCIS issued a Memorandum instructing officers to revisit all prior findings of fact and law in extension petitions.  USCIS says that this new policy is, “more consistent with the agency’s current priorities and also advances policies that protect the interests of U.S. workers.”

Accordingly, employers and employees should expect delays in the adjudication of extension petitions. This new Memorandum will be used as authority for increased RFE and denials. 

AFTER LONG DELAYS CISSNA SWORN IN AS DIRECTOR OF USCIS; NIELSEN NOMINATED FOR DHS

To little fanfare, L. Francis Cissna was finally sworn in as Director of the USCIS.  Pres. Trump originally nominated Cissna in April.  There was little news coming out of Washington explaining the delay in Cissna’s appointment.  The lack of information led to plenty of speculation about the delay.  Cissna served in various capacities within the Department of Homeland Security, most recently as the Director, Immigration Policy within the DHS Office of Policy,

Delayed appointments are nothing new for this administration.  The DHS has been without a leader since Secy. Kelly became Pres. Trump’s Chief of Staff in July.  The administration finally nominated Kirstjen Nielsen earlier in October, more than two months since Secy. Kelly’s promotion.

Axios did not have favorable reporting on Ms. Nielsen,

“Nielsen is not a beloved figure at DHS; just as she wasn't inside the White House. She has a very sharp-elbowed approach to doing business and doesn't command anywhere near the respect that her predecessor, Kelly, did, according to more than half a dozen sources who've worked with her.”

NOVEMBER 2017 VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has just issued the November 2017 Visa Bulletin.  This is the second Visa Bulletin of Fiscal Year 2018.  This blog post analyzes this month's Visa Bulletin.

November 2017 Visa Bulletin

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	15JUN13	08OCT08	C	C
EB-3	C	01FEB14	15OCT06	C	15JAN16

MU Law Analysis

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):  China EB-1 reverted to Current.  Our sense is that it will stay Current for much of the fiscal year.  Both China EB-2 and EB-3 progressed one month.  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.

India:  India EB-2 progressed about one month, which is what we except the monthly progressions will be in FY 2018.  Unfortunately, India EB-3 did not move.  A few weeks ago, the DOS said that EB-3's progression will be "limited."  MU suspects that EB-3 will not progress at any notable rate until at least the India EB-3 date moves past the Visa Gate date of August 2007.

Mexico: Mirrors All Other in analysis.

Philippines:  The Philippine EB-3 number essentially cleaned out all of the 2010 through 2015 EB-3 visas in FY2017.  The demand for Philippines EB-3 numbers increased dramatically in 2016-17.  This increased demand will be the cause for slower progressions in the FY2018, probably progressing 1-2 months per Visa Bulletin.

NEW STREAMLINED PROCESS TO OBTAIN SIMULTANEOUS EAD AND SSN

Effective October 1, 2017, the US Citizenship and Immigration Service (USCIS) and the Social Security Administration (SSA) have instituted a new information-sharing partnership allowing foreign nationals to apply for an EAD (Employment Authorization Document) and a SSN (Social Security Number) at one time and on one form.

This should be helpful for those lawfully in the US and who are eligible for work authorization via an EAD, but who have previously not had social security numbers.  H-4/EAD, L-1/EADs, and spouses and children applying for I-485/EADs are some examples of people who will benefit from this new process.

EADs are documentation of the individual’s work authorization and can be shown to employers to satisfy the I-9 and e-verify tests.  EADs permit the foreign national to work for a finite period of time, listed on the EAD card.  SSNs are used to report wages to the government and to determine the individual’s eligibility for certain government benefits. 

Under the previous system, foreign nationals had to first obtain an EAD and then go to their local SSA Office and apply for an SSN separately.  The revised EAD Application (Form I-765) allows applicants to apply for an SSN or a replacement SSN card without visiting the SSA Office.  The USCIS will now transmit the SSN data to the SSA for processing.  Applicants will receive their EAD from the USCIS and their SSN card from the SSA within two weeks.