Healthcare Immigration – Hammond Law Group LLC

Notice of Filing

Cynthia Perez — Sun, 27 Oct 2019 22:49:29 +0000

An employer who files an Application for Permanent Employment Certification (Form ETA 9089) is required to provide notice of the filing. The posting notice must be placed at the employer’s place of business for ten (10) consecutive business days with the exception of employers that can demonstrate that the employer’s operations are open on the weekends and that the position commonly includes weekend shifts. The notice must meet specific regulatory requirements such as including: the job title, job responsibilities, job requirements, etc.

On October 24, 2019, USCIS updated the Adjudicator’s Field Manual to provide a sample notice of filing an Application for Permanent Employment Certification (ETA Form 9089) that complies with all regulatory requirements. The sample can be accessed here.

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Update on the Fairness for High-Skilled Immigrants Act of 2019

Cynthia Perez — Mon, 14 Oct 2019 02:47:26 +0000

On July 2019, the House of Representatives passed HR 1044, called the “Fairness for High Skilled Immigration Act”. The bill is designed to limit employment based green cards. On September 17, 2019, the bill was blocked by Senator David Perdue from Georgia. One of the concerns centers around the impact that the bill would have on the recruitment of international RN’s from the Philippines. It is expected that Senator Perdue and Senator Lee will try and work out a compromise to protect this important industry. However, whether an agreement can be reached is still unknown. Additional insight about the current state of this bill can be found at the WSJ. Additionally, If you would like to follow the bill using the official Congressional web-site, you can access that here.

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Renewing your VisaScreen

Cynthia Perez — Tue, 01 Oct 2019 03:16:30 +0000

It’s always important to renew your VisaScreen before it expires. In addition to needing a valid VisaScreen every time you enter the US on a temporary work visa, you also need a valid VisaScreen on the day you file your Application to Adjust Status AND on the date the application is scheduled for an interview.

VisaScreens can take three or more months to renew, even longer if you also have to take the English test. You don’t want to have your Priority Date become current, only to discover you can’t file for several months because your VisaScreen needs to be renewed. Even worse, you don’t want to get a Request for Evidence (RFE) if your Application to Adjust status case is pending and then have your case denied because you could not get your VisaScreen renewed in time to respond to the Request for Evidence.

Until you have your green card in hand, always renew your VisaScreen before it expires.

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Fairness for High-Skilled Immigrants Act

Mike Hammond — Sat, 03 Aug 2019 21:54:45 +0000

Based upon information that we have, the Fairness for High Skilled Immigrants Act, which overwhelmingly passed the House in July and is being considered in the Senate as S. 386 is now dead. Obviously, in politics, things can change quickly but, for now, international RN’s looking to immigrate to the US can breathe a sigh of relief. If you have not heard how this bill (which sounds good on its face) would’ve impacted Sch A RN’s, check out this editorial in the Chicago Tribune.

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August Visa Bulletin

Mike Hammond — Thu, 18 Jul 2019 01:09:44 +0000

Last week, the Department of State (DOS) released the August Visa Bulletin and many people were shocked because the priority dates for all categories retrogressed, some all the way back to 2006. However, not to worry, this is simply a phenomenon that occurs near the end of the fiscal year when all immigrant visas (green cards) have been utilized. This is in reality, positive as it means that the USCIS (via I-485 approvals) and the US Consulates (via approval of CP cases) is using all available immigrant visas. The DOS expects that priority dates will return to July 2019 dates with the beginning of the new fiscal year on Oct 1st.

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Social Media Questions on Visa Applications

Cynthia Perez — Fri, 14 Jun 2019 23:45:34 +0000

On May 31, 2019, the Department of State introduced a new DS-160 form and DS-260 form, which expanded the type of data collected from applicants. The applications now requires applicants to list the social media outlets that they have used within the last five years. The forms have a drop-down menu that lists twenty (20) social media accounts, including popular media outlooks like: Facebook, Instagram, Google+, Myspace, Pinterest, Twitter, YouTube, LinkedIn, Flickr, and other lesser known social media outlets. The applicant completing the application must select and add all applicable social media outlets used and must list the user’s handles/user-names, passwords are not required.

There have been reports that the U.S. government has contracted with private vendors to search for specific data for DHS, which is why it is extremely important that all required data is disclosed as failure to do so could lead in a finding of misrepresentation. Although we have yet to see the impact of the form, there are numerous considerations that we strongly encourage our clients to consider such as: possible findings of misrepresentation, further review, additional security checks, and etc.

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H-1B Cap Premium Processing Update

Cynthia Perez — Mon, 10 Jun 2019 19:32:20 +0000

In order to help manage premium processing requests, USCIS had previously announced that they would offer premium processing in a two-phased approach during the FY 2020 cap season. The first phase, which started on May 20, included premium processing the FY 2020 cap-subject H-1B petitions requesting a change of status.

Starting today, June 10, 2019, USCIS will begin premium processing for all remaining FY 2020 H-1B cap-subject petitions. Petitioners may now file Form I-907, Request for Premium Processing Service, with the service center that is processing their petition.

Please note that starting today, USCIS has also temporarily suspended using pre-paid mailers to send notices. USCIS will use regular mail to send all final notices from June 10 to June 24, 2019.

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June Visa Bulletin

Mike Hammond — Fri, 24 May 2019 22:04:59 +0000

The Department of State has released the June Visa Bulletin There was a nice 4 month jump forward for EB3 Philippines and the EB2 and EB3 “All Other” countries categories remained current but, the rest of eh bulletin was disappointing with India EB3 not moving, the India EB2 jumping forward an amazing 3 days. The USCIS has announced that they will accept 485 filings based upon the Final Action Date chart, not the Dates for Filing chart.

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USCIS Announces Plan for Premium Processing of 2019 H-1B Lottery Cap Cases

Dwight Myfelt — Wed, 03 Apr 2019 03:14:20 +0000

USCIS has announced that on May 20, 2019, it will begin premium processing for FY 2020 cap-subject H-1B petitioners requesting a change of status on Form I-129, Petition for a Nonimmigrant Worker.

Petitioners who do not file Form I-907, Request for Premium Processing Service, concurrently with an FY 2020 cap-subject H-1B petition requesting a change of status must wait until premium processing begins on May 20 to submit Form I-907.

On March 19, USCIS announced that it would offer premium processing in a two-phased approach during the FY 2020 cap season to best manage premium processing requests without fully suspending it.

In the past few years, USCIS suspended all premium processing for H-1B petitions due to high demand. Based on feedback from the public, has decided to use this phased approach to benefit petitioners and ensure efficient premium processing.

The first phase includes FY 2020 cap-subject H-1B petitions requesting a change of status and the second phase will include all other FY 2020 cap-subject petitions.

Premium processing for all other FY 2020 cap-subject H-1B petitions will not begin until at least June 2019.

USCIS will notify the public with a confirmed date for premium processing for cap-subject petitioners not requesting a change of status.

At this time, premium processing for H-1B petitions that are exempt from the cap, such as extension of stay requests, remains available.

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USCIS Announces Plan for Premium Processing for H-1B Lottery Cap Cases Filed on April 1

Dwight Myfelt — Wed, 20 Mar 2019 22:20:32 +0000

USCIS has announced its plan for premium processing of cases H-1B lottery cap cases filed during the first week of April.

Premium processing will be offered in a two-phased approach so USCIS can best manage the premium processing requests without fully suspending it as in previous years.

Requesting Change of Status

The first phase will include FY 2020 cap-subject H-1B petitions requesting a change of status and the second phase will include all other FY 2020 cap-subject petitions.

Starting April 1, cap-subject lottery H-1B petitioners requesting a change of status on their I-129 will be allowed to request premium processing by concurrently filing Form I-907, Request for Premium Processing Service.

However, to prioritize data entry for cap-subject H-1B petitions, USCIS will not begin premium processing for these petitions immediately.

USCIS will begin premium processing for these petitions no later than May 20, 2019, and will notify the public before premium processing begins for these petitions.

If a petitioner does not file Form I-907 concurrently with an FY 2020 H-1B cap-subject petition requesting a change of status, the petitioner must wait until premium processing begins to submit Form I-907.

Until premium processing begins for these petitions, USCIS will reject any Form I-907 that is not filed concurrently with a cap-subject Form I-129. Petitioners must appropriately select response “b” for Item 4 in Part 2 of Form I-129 to be eligible to concurrently file Form I-907.

Not Requesting a Change of Status

Premium processing for all other FY 2020 cap-subject H-1B petitions will not begin until at least June 2019.

Cap-subject petitioners not requesting a change of status may not submit their premium processing request concurrently with their H-1B petition.

These petitioners will be eligible to upgrade to premium processing by filing Form I-907 once premium processing begins for this group.

USCIS will notify the public with a confirmed date for premium processing for cap-subject petitioners not requesting a change of status.

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