WEBINAR: Immigration under the Trump Administration

The forthcoming Trump Administration’s proposed immigration policies may have significant implications for employers.  Join our  FREE webinar on Wednesday, November 20th at 2pm EST to explore new regulations, compliance strategies, and best practices for adapting to these changes.

Discussion topics will include:

• Overview of the policies attempted and enacted in Trump’s first term

• Potential Administrative Changes to Employment-Based Visa Programs

• Possible legislative initiatives in 2025

• I-9, E-Verify and Compliance Requirements: What employers can do to ensure compliance?

PLEASE JOIN US!

December 2024 Visa Bulletin: Slight Movement Forward for India

The Department of State has just issued the December 2024 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Dates for Filing

The USCIS will use the Table B Dates for Filing chart for I-485 employment-based filings in December 2024. See: USCIS Visa Bulletin Dates

MU Law Analysis

EB-1, EB-2, EB-3: The Visa Bulletin for categories EB-2 India and EB-3 India moved forward 2 weeks and 1 week, respectively, in the Final Action Dates Chart. All other categories have not changed.

The January 2025 Visa Bulletin is expected to progress forward to begin the new fiscal quarter. In previous years, the January Visa Bulletin has progressed several months in employment-based categories. 

USCIS DATA ON SCHEDULE A NURSES 2018-2022

In April 2022, MU filed a Freedom of Information Act (FOIA) request, requesting a complete dataset of all I-140 registered nurse immigrant petitions approved between Fiscal Year (FY) 2018 – Fiscal Year 2022.  The USCIS finally responded, producing a 443 page list of I-140 immigrant petitions approved between FY 2018 – FY 2022 for registered nurses. MU has summarized the data provided by the USCIS below:

 

	FY 2018	FY 2019	FY 2020	FY2021	FY 2022
Total # of Approved RN I-140s	3905	5695	7484	7489	12095

 

As indicated by the data produced by the USCIS, there has been a steady increase in the number of approved I-140 immigrant petitions for registered nurses, with a notable jump in FY 2022, reflecting a critical need among U.S. employers for foreign national registered nurses. The demand among U.S. employers, coupled with a growing nursing workforce shortage should persuade Congress to embrace legislation, such as the Healthcare Workforce Resilience Act, which seeks to address the nation’s shortage of nurses in the aftermath of the COVID-19 pandemic.

In summary, the data produced by USCIS not only illustrates the urgent demand for foreign national registered nurses but also reinforces the need for legislative measures to address this critical shortage in healthcare.

International Education Evaluations, LLC Now Authorized to Issue Visa Screens

As of October 25, 2024, USCIS has added International Education Evaluations, LLC to the list of organizations authorized to issue certificates and certified statements for Registered Nurses. Notice of the organization’s addition was provided in the Federal Register.

Immigration regulations require that when filing a nonimmigrant or immigrant petition for certain healthcare occupations, including Registered Nurses, the Petitioner must include a healthcare worker’s certificate (sometimes called a Visa Screen) from an authorized credentialing organization.

The immigration regulations expressly authorize the Commission on Graduates of Foreign Nursing Schools (CGFNS), the National Board for Certification in Occupational Therapy (NBCOT), and the Foreign Credentialing Commission on Physical Therapy (FCCPT), to issue valid healthcare workers’ certificates.

USCIS may also approve additional organizations for issuance of certificates by providing notice in the Federal Register. MU previously published an August 2021 blog post on the addition, via Federal Register notice, of Josef Silny Associates, Inc. to the list of authorized organizations.

Department of State Launches AVITS Website for Appointment Scheduling

On September 30, 2024, the Department of State launched Applicant Visa Information Tracking System (AVITS), a new scheduling website for US visa applicants in certain countries.

AVITS will replace the previous scheduling system, US Travel Docs, for visa applicants applying for visas at US embassies located in the following countries:

• Belgium
• Burkina Faso
• Cameroon
• Côte d’Ivoire
• Democratic Republic of the Congo
• France
• The Gambia
• Ghana
• Liberia
• The Netherlands
• Nigeria
• Rwanda
• Senegal
• Sierra Leone

Appointments scheduled on the previous website will remain on the original date selected. Applicants whose appointment was scheduled on the previous website must create a new account on AVITS using their previously registered email address.

November 2024 Visa Bulletin: Visa Numbers at a Standstill

The Department of State has just issued the November 2024 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Dates for Filing

The USCIS will use the Table B Dates for Filing chart for I-485 employment-based filings in November 2024. See: USCIS Visa Bulletin Dates

MU Law Analysis

EB-1, EB-2, EB-3: The Visa Bulletin for categories EB-1, EB-2, and EB-3 made no movement from October 2024 in the Final Action Dates or Dates of Filing chart.

NCHWA: NURSE SHORTAGE TO CONTINUE THROUGH AT LEAST 2036

The National Center for Health Workforce Analysis projects a 9 percent nursing workforce shortage through 2036.  The problem will be particularly acute in non-metro areas, where the shortage is expected to grow to 14%.  The ten states with the largest projected RN shortages in 2036 are: Georgia (29%), California (26%), Washington (26%), New Jersey (25%), North Carolina (23%), New Hampshire (23%), South Carolina (21%), Maryland (20%), Michigan (19%), and Oregon (16%).

The current shortage is about 250,000 and is expected to grow to a shortage of 350,00 full-time registered nurses in 2026.

The National Center for Health Workforce Analysis (NCHWA) collects data, conducts research, and generates information about the U.S. health care workforce to inform and support Public- and private-sector decision making. Learn about the National Center for Health Workforce Analysis.

Legislation proposed by Rep. Bayer (D-VA) calls for 20,000 nurse visas for rural shortage areas.  Unfortunately, that legislation has probably been introduced too late in this congressional term to pass both houses of Congress before the term ends on December 31, 2024.

PHILIPPINE NURSES CHOOSING TO WORK ABROAD

Philippines nurses seem to be choosing contract positions with an aim toward moving abroad.   ABS-CBN News reports that ACT-Teachers party-list Rep. France Castro questioned why there did not appear to be an increase in permanent (Plantilla) healthcare positions in the last year.   

Rep. Angelica Natasha Co speculated that healthcare workers opt for temporary or contractual positions when they have plans to work abroad.  Last year saw one of the greatest numbers of Philippine nurses enter the US in many years, as the American nursing shortage continues to get worse.  As of 2021, about 300,000 Philippine nurses worked abroad.

USCIS EXTENDS GREEN CARD VALIDITY TO 36 MONTHS FOR RENEWALS

On September 18, 2024, USCIS issued a news alert that Lawful Permanent Residents (aka Green Card holders) who properly file Form-I-90 to replace an expired or soon-to-expire Green Card will receive an automatic 36-month extension, as opposed to the previous 24-month extension.

Receipt notices received on or after September 10, 2024 for Form I-90 should now include updated language granting Green Card holders the automatic 36-month extension. On September 10, 2024, USCIS began printing amended receipt notices for individuals with pending I-90s.

To evidence their lawful status, Green Card holders may present the updated I-90 receipt notice with their expired green card. This will allow Green Card holders to continue working and traveling, despite experiencing long processing delays to replace their expired Green Card.

Lawful Permanent Residents who no longer have their Green Card are not eligible for the automatic 36-month extension, but they may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center in order to obtain an Alien Documentation, Identification, and Telecommunications (ADIT) stamp to prove their status while waiting to receive their replacement Green Card.

October 2024 Visa Bulletin: Movement Forward for EB-3

The Department of State has just issued the October 2024 Visa Bulletin, the first of the new Fiscal Year. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates - Consular applicants with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Dates of Filing - Adjustment of Status applicants with these priority dates or earlier may file their Form I-485:

MU Law Analysis

EB-1 and EB-2: The Visa Bulletin for categories EB-1 and EB-2 made nearly no movement from September 2024. Only China EB-1 and EB-2 made forward progress of less than a month.

EB-3: The EB-3 categories for Rest of World, Mexico, and Philippines moved forward roughly 2 years from the September 2024 visa bulletin, closely mirroring the June 2024 visa bulletin which was issued before the DOS began rolling back visa numbers for the rest of the fiscal year.

EB-3 India moved forward less than one month, while EB-3 China retrogressed 5 months from the September 2024 Visa Bulletin.

EB-1, EB-3, EB-4, and EB-5 Green Cards Unavailable through September 2024

Last week, the Department of State announced that all available Green Cards had been issued for EB-1 and EB-4 categories.

The Department of State announced earlier last month that the limits had been reached for EB-3 and EB-3 Other Workers and EB-5 unreserved categories.

For any category that is announced as “Unavailable”, Green Cards will not be issued to consular applicants completing an Immigrant Visa interview under that category, and Adjustment of Status applications filed under that category will not be approved until the new fiscal year, which begins October 1, 2024.

The following categories are now unavailable until October 1, 2024:

• EB-1
• EB-3
• EB-3 other workers
• EB-4
• EB-5 unreserved

As discussed in MU's blog on the September 2024 visa bulletin, visa unavailability is temporary through September 2024, and new immigrant visa numbers will become available in all categories beginning October 1, 2024.

SEPTEMBER 2024 VISA BULLETIN: EB-3 RETROGRESSED

The Department of State has just issued the September 2024 Visa Bulletin. 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.

The USCIS will use the Table A Final Action chart for I-485 employment-based filings in September 2024. See: USCIS Visa Bulletin Dates

MU Law Analysis

There was no movement forward for any employment-based category, and the EB-3 category for Philippines, Mexico, and Rest of World retrogressed an additional year, which the Department of State cautioned in the July 2024 and August 2024 Visa Bulletins.

The Visa Bulletin notes that the EB-3 category for Philippines, Mexico, and Rest of World are rapidly approaching the annual limit for FY-2024. If the annual limit of any category is reached, the Department of State will immediately make the preference category “unavailable”, and no further requests for numbers will be honored.

Finally, the Department of State indicated that it anticipates final action dates will advance in October 2024.

FAQ

In response to the many questions received about this Visa Bulletin, Musillo Unkenholt provides the following FAQ:

Q.  Why do visa categories often retrogress in September?

A. The Department of State has a limited number of immigrant visas it may issue each fiscal year, which runs from October 1 – September 30. The Department of State must avoid issuing excess immigrant visa numbers before the end of the fiscal year or else it violates federal law. 

The issuance totals in the categories retrogressed in September are rapidly approaching the annual limit for FY-2024, necessitating the Visa Bulletin’s retrogression in order to slow down issuance rates. 

Q. Does this mean that the Philippine EB3 and Rest of World dates will permanently be retrogressed?

A.  No. This is a temporary retrogression in effect for the month of September. The Department of State anticipates final action dates will advance in October 2024, when the new fiscal year begins.

Q.  If I have an interview, but my priority date will retrogress in September, will I still be able to get my green card?

A.  If you have an interview before August 31, you will be able to get your green card.  However, if you do not have an interview until September, the interview may be postponed until your priority date becomes current again.

If you have questions on this month’s Visa Bulletin, please reach out to your MU attorney directly or Contact Us.

SEPTEMBER 2024 VISA BULLETIN: EB-3 RETROGRESSED

The Department of State has just issued the September 2024 Visa Bulletin. 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.

The USCIS will use the Table A Final Action chart for I-485 employment-based filings in September 2024. See: USCIS Visa Bulletin Dates

MU Law Analysis

There was no movement forward for any employment-based category, and the EB-3 category for Philippines, Mexico, and Rest of World retrogressed an additional year, which the Department of State cautioned in the July 2024 and August 2024 Visa Bulletins.

The Visa Bulletin notes that the EB-3 category for Philippines, Mexico, and Rest of World are rapidly approaching the annual limit for FY-2024. If the annual limit of any category is reached, the Department of State will immediately make the preference category “unavailable”, and no further requests for numbers will be honored.

Finally, the Department of State indicated that it anticipates final action dates will advance in October 2024.

FAQ

In response to the many questions received about this Visa Bulletin, Musillo Unkenholt provides the following FAQ:

Q.  Why do visa categories often retrogress in September?

A. The Department of State has a limited number of immigrant visas it may issue each fiscal year, which runs from October 1 – September 30. The Department of State must avoid issuing excess immigrant visa numbers before the end of the fiscal year or else it violates federal law. 

The issuance totals in the categories retrogressed in September are rapidly approaching the annual limit for FY-2024, necessitating the Visa Bulletin’s retrogression in order to slow down issuance rates. 

Q. Does this mean that the Philippine EB3 and Rest of World dates will permanently be retrogressed?

A.  No. This is a temporary retrogression in effect for the month of September. The Department of State anticipates final action dates will advance in October 2024, when the new fiscal year begins.

Q.  If I have an interview, but my priority date will retrogress in September, will I still be able to get my green card?

A.  If you have an interview before August 31, you will be able to get your green card.  However, if you do not have an interview until September, the interview may be postponed until your priority date becomes current again.

If you have questions on this month’s Visa Bulletin, please reach out to your MU attorney directly or Contact Us.

UPDATE: USCIS Has Completed Second Round of H-1B Cap Selections

On Monday, August 5, USCIS announced in a News Alert that it had completed its second round of H-1B CAP selections in the Fiscal Year 2025 H-1B Cap lottery (FY 2025 refers to CAP registrations filed in March 2024).

Those with selected second-round registrations received a selection notice in their https://my.uscis.gov/ account, which includes details of when and where to file. An H-1B cap-subject petition must be properly filed within the filing period indicated on the selection notice. Most second-round selection notices indicate a filing window of August 8, 2024 – November 7, 2024. In all cases, the period for filing the H-1B cap-subject petition will be at least 90 days. 

USCIS Will Select a Second Round of H-1B Cap Registrations

The USCIS has announced in a News Alert that it will select a second round of H-1B registrations in the Fiscal Year 2025 H-1B Cap lottery (FY 2025 refers to CAP registrations filed in March 2024).

The second round of selections indicates that not enough H-1B petitions were submitted between April 1, 2024 and June 30, 2024 to meet the total 85,000 H-1B CAP. In its News Alert, USCIS clarified that it will not be conducting a second selection for the advanced degree exemption (the master’s cap), as enough master’s cap petitions were received to meet the 20,000 FY 2025 masters cap. The second round of selection will therefore include both master’s and regular cap registrations.

USCIS will announce once the second-round selection process is completed. Those with selected second-round registrations will receive a selection notice in their https://my.uscis.gov/ account, which includes details of when and where to file.

WEBINAR - H-1Bs FOR REGISTERED NURSES

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, July 30th, 2024 from 1:00-2:00 pm Eastern (12:00-1:00 pm Central).

Join us for this FREE webinar to learn more about:

• Specialty Occupation Criteria
• Potential H-1B Filing Approaches
• H-1B Cap Exemption
• H-1B RN Filing Trends

PLEASE JOIN US!

AUGUST 2024 VISA BULLETIN: EB-3 RETROGRESSION LOOMS

The Department of State has just issued the August 2024 Visa Bulletin. 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.

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

There was small movement forward for India Categories EB-2 and EB-3 with priority dates moving forward nearly one month, but the remaining preference categories made no movement from July 2024.

The Visa Bulletin noted again that demand and number use has remained high in the EB-3 visa category. Although retrogression was not necessary for August, it will likely be necessary to either retrogress the final action date or make the category “Unavailable” in September.

WEBINAR - H-1Bs FOR REGISTERED NURSES

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, July 30th, 2024 from 1:00-2:00 pm Eastern (12:00-1:00 pm Central).

Join us for this FREE webinar to learn more about:

• Specialty Occupation Criteria
• Potential H-1B Filing Approaches
• H-1B Cap Exemption
• H-1B RN Filing Trends

PLEASE JOIN US!

JULY 2024 VISA BULLETIN: ALL EB-3 VISAS HAVE BEEN EXHAUSTED

The Department of State has just issued the July 2024 Visa Bulletin. 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.

Employment- based	All Chargeability  Areas Except Those Listed	CHINA- mainland  born	INDIA	MEXICO	PHILIPPINES
1st	C	01NOV22	01FEB22	C	C
2nd	15MAR23	01MAR20	15JUN12	15MAR23	15MAR23
3rd	01DEC21	01SEP20	22SEP12	01DEC21	01DEC21

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

This Visa Bulletin essentially means that there will not be any more employment-based immigrant visas issued this fiscal year.  The August Visa Bulletin will likely retrogress or make unavailable all EB-3 dates. 

USCIS TEXAS SERVICE CENTER TEMPORARILY CLOSED DUE TO SEVERE WEATHER

On May 28, 2024, the USCIS Texas Service Center temporarily suspended the intake of all petitions, applications, and other benefit requests due to widespread and severe weather. This temporary closure has caused delays in the delivery of all immigration applications, petitions, or immigration requests sent to the USCIS Texas Service Center.

Courier services will re-attempt delivery once the Texas Service Center re-opens, and petitioners and applicants do not need to take further action. At this time, USCIS has not announced when the Texas Service Center will re-open.

If a petition or application has been returned to its sender, USCIS advises those petitioners and applicants refile at their earliest convenience. 

In critical situations, petitioners or applicants affected by the intake disruption may request filing flexibilities, by calling the USCIS Contact Center at 800-375-5283. USCIS can consider relief on a case-by-case basis. If your case has been affected by the Texas Service Center’s temporary closure, please reach out to your Musillo Unkenholt legal team to determine what the best course of action is in your case.

JUNE 2024 VISA BULLETIN: SLOW TO NO MOVEMENT

The Department of State has just issued the June 2024 Visa Bulletin. 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.

Employment-based	All Chargeability  Areas Except Those Listed	CHINA- mainland  born	INDIA	MEXICO	PHILIPPINES
1st	C	01SEP22	01MAR21	C	C
2nd	15JAN23	01FEB20	01APR12	15JAN23	15JAN23
3rd	22NOV22	01SEP20	15AUG12	22NOV22	22NOV22

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

All dates mirrored the April and May 2024 Visa Bulletins in all relevant dates, except for India EB-3 which advanced one week.  We continue to not expect any meaningful progression for the remainder of the US fiscal year. The US fiscal year ends on September 30, 2024.

USCIS ISSUES NEW GUIDANCE ON THE VALIDITY PERIOD OF MEDICAL EXAMS

On April 04, 2024, The U.S. Citizenship and Immigration Services (USCIS) issued a policy alert announcing official guidance in the USCIS Policy Manual clarifying the validity period of Form I-693, Report of Immigration Medical Examination and Vaccination Record, also known as the medical exam. Generally, all green card applicants are required to submit a valid medical exam to prove to the USCIS that the applicant’s green card application cannot be denied for health-related reasons. According to the USCIS, all medical examinations signed by a Civil Surgeon on or after November 1, 2023, will remain valid indefinitely.

The welcomed change in policy is due to technological advances in public health which allow civil surgeons to share some of the applicant’s medical data directly with the Centers for Disease Control and Prevention (CDC) and local U.S. health departments. Subsequently, a medical exam signed by a civil surgeon on or after Nov. 1, 2023, will never expire. Prior to this change, all properly completed medical exams were valid for only two years from the date of the civil surgeon’s signature.

However, the USCIS reminds applicants, that even in cases where an applicant’s medical exam is facially valid, USCIS officers do have the authority to request a new or updated medical exam if the reviewing officer has reason to believe the applicant’s medical condition has changed or if the reviewing officer has reason to believe the medical exam does not accurately reflect the applicant’s medical condition.  If you have any questions about how this guidance may impact your application, please contact Musillo Unkenholt.  

MAY 2024 VISA BULLETIN: ANALYSIS

The Department of State has just issued the May 2024 Visa Bulletin. 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.

Employment-based	All Chargeability  Areas Except Those Listed	CHINA- mainland  born	INDIA	MEXICO	PHILIPPINES
1st	C	01SEP22	01MAR21	C	C
2nd	15JAN23	01FEB20	01APR12	15JAN23	15JAN23
3rd	22NOV22	01SEP20	15AUG12	22NOV22	22NOV22

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

All dates mirrored the April 2024 Visa Bulletin.  We do not expect any meaningful progression for the remainder of the US fiscal year.  The US fiscal year ends on September 30, 2024.