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  • Articles RSS Feed

    Published on 04-18-2013 03:03 PM

    Bloggings on Nurse and Allied Health Immigration

    Chris Musillo


    The USCIS has begun processing the 124,000 timely-field H-1B cap-subject petitions.* *Because the H-1B category was oversubscribed, the USCIS will be returning approximately 15,000-20,000 H-1B petitions, after accounting for improperly filed and/or denied H-1B petitions.*

    Between April 1-5 the USCIS registered each timely-field H-1B case into their system.* Each timely-filed H-1B cap-subject petition was given a filing number.* Once all 124,000 petitions were registered into the system, the USCIS randomly chose 85,000 winning petitions.* This “H-1B lottery” was held about 10 days ago.

    The USCIS now has started processing winning premium processing petitions.* Contrary to incorrect internet rumors, this does not mean that premium processing petitions were given any benefit in the lottery.* The USCIS has confirmed on multiple occasions that non-premium petitions had the exact same chance of winning the H-1B lottery.

    Processing of winning petitions consists of confirming proper filing fee payment and data entry of H-1B petitions onto USCIS internal computer system.* Once the H-1B petition is processed, Premium Processing adjudicators begin to assess the approvability of the petition.*
    MU Law has had several H-1B premium processing ...
    Published on 04-18-2013 01:19 PM

    Immigration Bill Makes Serious Progress

    by Greg Siskind

    Immigration Bill Makes Serious Progress

    I've written an op-ed in the Memphis Commercial Appeal that can be found here.

    Published on 04-18-2013 12:45 PM

    Section by Section Summary of Senate Immigration Bill - Title IV - Non-Immigrant Visas

    by Greg Siskind

    Section by Section Summary of Senate Immigration Bill - Title IV - Non-Immigrant Visas

    This is it for the night. I haven't gotten to the H-2B and W visa provisions in this section yet, but the H-1B and L-1 changes are in. More tomorrow.

    Published on 04-17-2013 05:15 PM

    Section by Section Summary of Senate Immigration Bill - Title II - Legal Immigration Reform

    by Greg Siskind

    This is my summary of the legal immigration section of Title II. The legalization and AgJobs sections are not done yet. This is the section dealing mainly with green cards. A few surprises -

    Per country quotas are abolished after all

    Some nice new language on the reentry bars

    The welcome replacement of the green card lottery with the points system

    Rollover of unused visas from year to year

    The return of a much more generous V visa for family members

    Raising the age to 18 for adoptions and 21 for stepchildren.

    Anyway, I'm turning next to the non-immigrant visas. Enjoy.


    S. 744 - Title II summary
    Published on 04-17-2013 04:55 PM

    Immigration Reform: Will the Perfect Become the Enemy of the Good? By Roger Algase

    by Roger Algase

    Bloggings: Immigration Reform: Will the Perfect Become the Enemy of the Good? By Roger Algase

    The following comments are based on a quick preliminary look at the 19-page summary of the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 which was released on April 16. They are first impressions only. More detailed comments will appear in future posts, based not only on this summary, but on a reading of the full text of the bill, which has also been released. 

    Based on a first impression of the summary, there is a great deal to like in the bill, as well as some things not to like. As a whole, the bill appears to be a carefully thought out and sincere attempt to bring our immigration system in line with the needs of 21st -century America, by providing up to 11 million unauthorized immigrants (as well as some of their family members who have already been deported!) a fair chance to live and work in the US in provisional legal status in the US, as well as to travel in and out of the country. 

    Immigrants in provisional status would be allowed to apply for green cards after 10 years, but there are serious questions about how many of them would actually get green cards, or when.

    The bill ...

    Published on 04-17-2013 04:32 PM

    Bloggings on Nurse and Allied Health Immigration

    Chris Musillo

    Senate CIR Outline Released

    by Chris Musillo

    An Outline of the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, which is the Senate’s "Gang of Eight" bill, has been released.  MU Law has posted a copy of the 17-page Outline on our Doc Stoc page.

    It is important to recognize that this is just an Outline.  Several of the Outline's bullet points are inconsistent and outright contradictory with other bullet points.  It is also important to note that the bill is far from becoming law.  The Senate will have hearings to amend the bill throughout April and May. 

    If the bill passes the Senate Judiciary Committee and the Senate as a whole, a separate Comprehensive Immigration Reform bill will be announced in the House of Representatives.  The House bill will also have to pass that chamber and then be remedied with the Senate bill.  Only then will it be presented to President Obama for signature.  The key take-away is that this bill is still many steps from becoming law. 

    Keeping in mind that the final CIR may look different than this one, this MU Law Visa Advisor only highlights several key items that will be of interest to our clients and friends.  Also, although the 17-page Oultine includes sections on Border Protection and Undocumented Worker Legalization we have not summarized these areas of the law in this MU Law Visa Advisor since they are of lesser interest to our clients and friends.  

    Here is the brief MU Law Summary of the Senate's CIR bill:


    -          The Senate CIR bill calls for an immediate elimination of retrogression for currently-pending green card applications.  If this provision is true as listed in the Summary hundreds of thousands of long-delayed EB-2 and EB-3 applications would be immediately eligible for Adjustment of Status, Immigrant Visa appointments, and Green card issuance.  It is unclear how the USCIS and State Department would handle this immense overload of applications.


    Published on 04-17-2013 04:18 PM
    Published on 04-17-2013 03:43 PM

    Immigration reform includes- "buy a house- get a US residence visa!"

    by Tahmina Watson

    In all the discussions of immigration reform, I don’t think much mention was made of this provision- the JOLT Act – (Jobs Originated through Launching Travel Act. of 2013).  Some important gems are added to the bill including premium processing for tourist visas at the consulates.

    Ever since there was introduction of the bill that stated that one could reside in the US by purchasing a house, I have had frequent questions about when that law will pass.  Well, now is the time to talk about it again! A reminder of our article iss here -”Buy a house and get a green card”

    The Comprehensive Immigration Reform Bill 2013 includes provisions on buying a house to reside in the US. Here is a summary:

    • Canadian ...
    Published on 04-17-2013 03:27 PM

    Startup Visa Provisions under Comprehensive Immigration Reform Bill 2013!

    by Tahmina Watson

    Startup Act Blog pic

    The comprehensive immigration reform bill 2013 finally provides the long and anxiously awaited Startup Visa Act provisions.  Titled – Investing in New Venture, Entrepreneurial Startups and Technologies, the provisions include a non-immigrant visa category and an immigrant visa category.

    A qualified entrepreneur can apply for this visa.  A qualified entrepreneur means:

    1. Has significant ownership in a US business
    2. Is employed in a senior executive position
    3. Submits a business plan to the USCIS, and
    4. Had a substantial role in the founding or early stage growth and development of such US business entity.

    Invest Non-Immigrant Visa:

    • Initial admission for 3 years
    • May be renewed for an additional 3 years, if during the most recent 3 year period alien did the following:
      • Created at least 3 full-time jobs AND received $250,000 qualified investment.


    • Created at least 3full-time jobs AND during the 2 year period ending on the date extension applied for generated at least $200,000 annual revenue.
    • May obtain a renewal for up to 2 one-year periods for a waiver from ...
    Published on 04-17-2013 02:19 PM

    To the Security Officers of the World: Thank You

    by Jason Dzubow

    To the Security Officers of the World: Thank You

    In light of the terrorist attack in Boston earlier this week, I wanted to write about security at Immigration Courts, USCIS, and the Asylum Offices.

    As of this writing, we don’t know who perpetrated the attack on the Boston Marathon. But we do know that as residents of a free society, we are vulnerable. We also know that people who would harm others have all too easy access to powerful weapons: guns, explosives, you name it.


    Don’t ...

    Published on 04-17-2013 01:05 PM

    Senate Immigration Bill – The Good, The Bad, The Ugly

    by Prerna Lal

    The U.S. Capitol dome and U.S. Senate in Washington

    The Senate immigration bill dropped last night and I’ve finally done a quick-read through. These are my initial thoughts about the legislation -

    The Good

    • DREAM Act - No age cap on the DREAM Act and DACA grantees would be grandfathered into the RPI program
    • Asylum – No one-year asylum bar and the ability to file a motion to reopen if asylum claim was denied merely due to one-year bar issues. Permits qualified stateless individuals to apply for lawful permanent resident status
    • A two-track merit-based system, which takes into account family, employment, length of residence education and skills, to be implemented five years after enactment of the bill.
    • Child Status Protection: Clarification on retention of priority date for all children who age-out of family, employment and diversity-based visas. This overturns Matter of Wang and better put an end to the ongoing litigation now at the Supreme Court.
    • International adoption harmonization allows adoption of foreign-born children till age of 18 (as opposed to 16)
    • Relief for orphans and widowed spouses who were deported prior to abolition of “widow penalty” can now be paroled into the U.S. and considered for adjustment of status
    • Equal treatment for all stepchildren, as in the age until which step-children can be considered child is amended from 18 to 21.
    • New family V Visa - Creates a new nonimmigrant visa for families with approved petitions to work and live in the U.S. while waiting for their green card. Allows other familymembers including siblings to visit the U.S. for up to 60 days per year
    • Lawful ...
    Published on 04-16-2013 03:56 PM

    Bolour for AILA Board of Governors Campaign Statement

    by Ally Bolour


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