VISA REFUSALS AT THE US EMBASSY IN MANILA

Musillo Unkenholt is aware that the US Embassy in Manila has refused to approve almost any immigrant visa for the last 3 weeks.  The problem is, apparently, that the Embassy is mistakenly interpreting clauses in employment contracts between nurses and their US employers, perhaps based on some bad information that was sent to the Embassy. 

The problem seems to be localized in Manila.  Philippine nationals processing for immigrant visas at other embassies around the world are being issued their immigrant visas.  Likewise, other embassies are also issuing immigrant visas to non-Philippine nationals. 

We are working with clients, trade associations, and nurses to solve this problem.  It may take a little while to solve the problem but it is a fairly straightforward problem that will be solved, hopefully in the next few weeks.

REMINDER: NEW H-1B CAP REGISTRATION SYSTEM AND STRATEGIES FOR THE UPCOMING H-1B SEASON WEBINAR

MU Law will be hosting a free webinar for our clients and friends on Wednesday January 29, 2020 at 2PM / 11AM PT. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

This webinar will discuss the NEW H-1B cap registration system and strategies for the upcoming H-1B season.

Webinar Agenda:

·   NEW H-1B Cap Registration System

·   H-1B Cap Projections

·   What is a Specialty Occupation?

·   H-1B Dependency

·   Special Issues for Staffing Companies and Third Party Placements

·   What is Third- Party Placement v. In-House work?

·   Employer-Employee relationships, how to maintain them

·   Cap-gap for F-1s as well as CPT/OPT maintenance -

·   Top 10 things H-1B employers can do to stay compliant

·   Q&A

PLEASE JOIN US!

FEBRUARY 2020 VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has just issued the February 2020 Visa Bulletin. This is the fifth Visa Bulletin of Fiscal Year 2020. This blog post analyzes this month's Visa Bulletin.

February 2020 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	INDIA	PHILIPPINES
1st	15DEC18	22MAY17	01JAN15	01DEC18
2nd	C	01JUL15	19MAY09	C
3rd	C	01JAN16	08JAN09	01JUN18

MU Law Analysis

All Other: Although All Other EB-1 has a slight retrogression, the EB-2 category remained current and is expected to remain current for the foreseeable future.  The EB-3 is current, but the DOS expects to implement a retrogression in March.

China: EB-2 did not move, although EB-3 progressed by a month.  The EB-2 and EB-3 each progressed about one month.  Over the course of FY2020 we expect EB-2 and EB-3 to remain within a few months of each other.

India:  There was virtually no progress for India.  We continue to expect very little progress in either category in future months.

Philippines:  We were encouraged by the three-month progression in EB-3.  We remain surprised by the slow progress of EB-3, although we were encouraged by this month’s progression.  We think that there is a chance of continued progression in the next few months, although the enactment of All Other EB-3 retrogression may mean that fewer visas are available for the Philippines.

REMINDER: NEW H-1B CAP REGISTRATION SYSTEM AND STRATEGIES FOR THE UPCOMING H-1B SEASON WEBINAR

MU Law will be hosting a free webinar for our clients and friends on Wednesday January 29, 2020 at 2PM / 11AM PT. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

This webinar will discuss the NEW H-1B cap registration system and strategies for the upcoming H-1B season.

Webinar Agenda:

·   NEW H-1B Cap Registration System

·   H-1B Cap Projections

·   What is a Specialty Occupation?

·   H-1B Dependency

·   Special Issues for Staffing Companies and Third Party Placements

·   What is Third- Party Placement v. In-House work?

·   Employer-Employee relationships, how to maintain them

·   Cap-gap for F-1s as well as CPT/OPT maintenance -

·   Top 10 things H-1B employers can do to stay compliant

·   Q&A

PLEASE JOIN US!

BUSINESS IMMIGRATION OUTLOOK FOR 2020

There are some obvious areas where we can expect to see activity in business immigration 2020.  Here are a few topics that we will keeping our eye on this year:

New H-1B Cap Process

The USCIS has confirmed that it will use an electronic pre-registration system for 2020 (Fiscal Year 2021).  Under this program, H-1B petitioners and beneficiaries must be registered between March 1-20, 2020.  Please join us for a teleconference on the new H-1B registration system to learn more.  REGISTER.

H-1B Specialty Occupation Rule

The USCIS recently published notice that it intends to revise the definition of specialty occupation, with an aim to restricting the number of people who qualify for the H-1B visa.  It remains to be seen what the revised definition says and whether or not the USCIS oversteps its authority with a new rule.  The USCIS continually is sued on these issues and usually settles the case by reopening and approving the H-1B petition. 

H-1B Employer-Employee Rule

Likewise, USCIS will also seek to revise the H-1B rule by creating a stricter law on who can be an H-1B employer.  USCIS’ own regulation says that its aim is to “to better protect U.S. workers and wages,” which has traditionally been the Department of Labor, not the USCIS’ role.  Again, we expect to see lawsuits if the USCIS exceeds the rules set forth by Congress.

Recession of the H-4 / EAD rule

The Trump Administration has, for years, sought to eliminate the H-4/EAD rule.  A recent USCIS court filing indicates that the rule rescinding work authorization could happen in March. 

NEW H-1B CAP REGISTRATION SYSTEM AND STRATEGIES FOR THE UPCOMING H-1B SEASON WEBINAR

MU Law will be hosting a free webinar for our clients and friends on Wednesday January 29, 2020 at 2PM / 11AM PT. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

This webinar will discuss the NEW H-1B cap registration system and strategies for the upcoming H-1B season.

Webinar Agenda:

·   NEW H-1B Cap Registration System

·   H-1B Cap Projections

·   What is a Specialty Occupation?

·   H-1B Dependency

·   Special Issues for Staffing Companies and Third Party Placements

·   What is Third- Party Placement v. In-House work?

·   Employer-Employee relationships, how to maintain them

·   Cap-gap for F-1s as well as CPT/OPT maintenance -

·   Top 10 things H-1B employers can do to stay compliant

·   Q&A

PLEASE JOIN US!