DEPARTMENT OF HOMELAND SECURITY PROPOSES NEW PUBLIC CHARGE RULE

The DHS has proposed a new “fair and humane” Public Charge rule meant to clarify its existing policy. The proposed rule is very similar to the current policy, but refines the forms of aid considered under the test.

Unlike the DHS’s 2019 attempt to enact a Public Charge rule intended to restrict immigration, the new proposal should not create additional hurdles for immigrants. Under the new proposal, only four specific forms of public assistance would be considered in a Public Charge determination:

• Supplemental Security Income (SSI);
• Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program;
• State, Tribal, territorial, and local cash assistance for income maintenance; and
• Long-term institutionalization at government expense. 

The DHS specifically excludes from the proposed rule:

• Supplemental Nutrition Assistance Program (SNAP);
• Children’s Health Insurance Program;
• Most Medicaid benefits (except for long-term institutionalization at government expense;
• Housing benefits;
• Transportation vouchers;
• Disaster assistance received under the Stafford Act;
• Pandemic assistance;
• Benefits received via a tax credit or deduction;
• Social Security, government pensions, or other earned benefits.   

Additionally, specific categories of noncitizens would be exempted from public charge ground inadmissibility under the proposed rule, including:

• Refugees and asylees;
• TPS;
• Special immigration juveniles;
• T and U nonimmigrant;, and
• Self-petitioners under the Violence Against Women Act (VAWA).

USCIS ISSUES GUIDANCE ON FILING REQUEST FOR “TRANSFER OF UNDERLYING BASIS”

Following its recent News Alert urging eligible applicants to switch employment-based categories, USCIS has issued guidance via its “Green Card for Employment-Based Immigrants” webpage on filing a request to transfer the underlying basis of an eligible Adjustment of Status application from the third preference category to the first or second. 

USCIS may, in its discretion, grant a transfer request if the following criteria are met:

• You have continuously maintained eligibility for adjustment of status;
• Your adjustment of status application based on the original Form I-140 is still pending;
• You are eligible for the new immigrant category; and
• You have a visa immediately available in the new immigrant category.

Filing Requirements

Any request to transfer underlying basis must be made in writing.

Certain requests to transfer underlying may also require a completed Supplement J to confirm the validity of the job offered.

New Filing Location

USCIS has created a new centralized location for receipt of transfer requests that are accompanied by a Supplement J.

Additional Guidance from USCIS

• Submitting a new adjustment of status application is not required to transfer the underlying basis of a pending Form I-485 and will not result in faster adjudication of the benefit request.
• If requesting a transfer of underlying basis through the new address, medical examination forms should NOT be submitted with the request. 
• If USCIS grants a request to transfer the underlying basis of your Form I-485 to a different employment-based category, the transfer request resets the 180-day clock for eligibility for the portability provisions of the American Competitiveness in the Twenty-First Century Act.

Clients are encouraged to contact their MU attorney regarding any request for Transfer of Underlying Basis to ensure that this type of filing is handled properly.

MARCH 2022 VISA BULLETIN: ANALYIS AND PREDICTIONS

The Department of State has just issued March 2022 Visa Bulletin.  This is the sixth Visa Bulletin of Fiscal Year 2022. This blog post analyzes this month's Visa Bulletin.

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.

 

EB	All Other	CHINA	INDIA	PHILIPPINES
1st	C	C	C	C
2nd	C	01MAR19	01MAY13	C
3rd	C	22MAR18	15JAN12	C

Table B: Dates of Filing

The USCIS is expected to use the Table B Dates of Filing chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

India EB-2 moved ahead by four months, which should allow some long-delayed Indian nationals to apply for their green cards.  Unfortunately, India EB-3 did not move ahead.  There was a note at the end of this month’s bulletin that says that if EB-5 demand emerges, the surplus of extra visas that has been flowing into India EB-2 will disappear.  This may result in a retrogression of India EB-2 in future months.

The news remains positive for Philippines and Worldwide EB-3, where dates held at Current.  They are expected to stay Current for the foreseeable future.

China’s EB-2 and EB-3 numbers remain unchanged for March 2022.  We expect low to no progress in these categories for the rest of FY 2022.

REMINDER-H-1B 2022 CAP WEBINAR

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, February 8, 2022 at 3PM Eastern (2PM Central). Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

Join us for this FREE webinar to learn more about:

• H-1B Cap Basics, Registration Process, and Projections
• What is an H-1B Specialty Occupation?
• H-1B Dependency
• Special Issues for Staffing Companies and Third-Party Placements
• Cap-gap for F-1s as well as CPT/OPT maintenance
• Employer-Employee relationships, end-client documentation
• Green Card instead of an H-1B
• Top 10 things H-1B employers can do to stay compliant 

PLEASE JOIN US!

NBC VIDEO: FOREIGN NURSES HELP ABATE NURSING SHORTAGE

Leading US news media company, NBC, has done an in-depth report on the important value foreign educated nurses provide US patients.  The AAIHR, the leading trade association for foreign healthcare recruitment, is prominently featured in this video piece.

WATCH VIDEO

H-1B REGISTRATION WINDOW ANNOUNCED

Beginning March 1, 2022 through March 18, 2022, H-1B Electronic Registration for cap-subject petitions will take place. This marks the third year that USCIS has utilized electronic registration.

The H-1B Cap Initial Registration window opens at 12:00 p.m. Eastern Time on March 1, 2022 and closes at 12:00 p.m. Eastern Time on March 18, 2022. During this window, potential beneficiaries must be registered by their employer in order to be considered for selection in the H-1B CAP.  

USCIS intends to inform employers by March 31, 2022 which beneficiaries were selected via users’ myUSCIS accounts. While the registration process requires minimal biographical information about each beneficiary, the beneficiary must meet all H-1B eligibility requirements at the time of filing the full H-1B petition. 

Employers who have not participated in a previous year’s electronic registration process will need to first create an H-1B Registrant account on myUSCIS before submitting any registrations. Employers who previously created an H-B Registrant account will be able to utilize their existing account for this year’s registration. Each beneficiary registered will incur a nominal $10 fee due to USCIS. 

Employers are encouraged to contact their MU immigration attorney as soon as possible to begin preparing their H-1B Cap registrations.