Volume Twenty Three, Number Five

SHUSTERMAN’S IMMIGRATION UPDATE is the Web’s most popular e-mail newsletter regarding US immigration laws and procedures with over 60,000 subscribers located in more than 150 countries. It is written by a former INS Trial Attorney (1976-82) with over 40 years of experience practicing immigration law.

Published by the Law Offices of Carl Shusterman, 600 Wilshire Blvd, Suite 1550, Los Angeles, California, 90017. Phone: (213) 623-4592 x0.

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Client Reviews

Shusterman’s Immigration Update May 2018

TABLE OF CONTENTS

1. H-1B Lottery Selections Made by USCIS: What’s Next?
2. State Department Visa Bulletin for May 2018 & Predictions for FY2018
3. Immigration Government Processing Times
4. Facebook Live – Engage with Our Attorneys in Real Time
5. Success Story: Hire an Attorney Who Will Fight for You
6. Immigration Trivia Quiz: Immigrant Food Product Founders
7. Ask Mr. Shusterman: Supreme Court Delivers Big Victory for Immigrants
8. Shusterman’s Upcoming Immigration Seminars
9. Jobs & Green Cards for RNs & MedTechs: Free Legal Help!
10. Winner for Our April Immigration Trivia Quiz

NEWS FLASHES

• AILA Files Amicus Brief on Administrative Closure Authority in Matter of Castro-Tum – On February 16, AILA and other organizations filed an amicus brief in Matter of Castro-Tum, a case the Attorney General Jeff Sessions referred to himself for reviewing issues relating to administrative closure. The brief argues that immigration judges have the ability to administratively close a case and continuances are not an acceptable substitute.

• California Immigration Law Places Employers in Tough Position – On April 23, SHRM (Society for Human Resources Management) published an article containing tips for employers who are caught in the middle between Federal and California immigration laws. Attorney Shusterman is quoted in the article.

• California OKs Limited National Guard Troop Deployment – About 200 California National Guardsmen have traveled to El Centro and San Diego, where they will help federal authorities target transnational criminal gangs, human traffickers, and illegal firearm and drug smugglers.

• DACA: Court Rules That New Applications Must Be Accepted – On April 24, U.S. District Judge John Bates blocked the Trump administration’s attempt to rescind DACA, marking the third time a federal court has ruled against efforts to scrap the popular program. The judge stayed his decision for 90 days and gave the DHS the opportunity to better explain its reasoning for canceling it. If DHS fails to do so, it “must accept and process new as well as renewal DACA applications.”

• DHS Announces End to TPS for Nepal – On April 26, 2018, Secretary of Homeland Security Kirstjen M. Nielsen announced her decision to terminate the Temporary Protected Status (TPS) designation for Nepal with a delayed effective date of 12 months to allow for an orderly transition before the designation terminates on June 24, 2019.

• H-2B Cap Relief for FY2018 – On March 23, President Trump signed a spending bill which provides that the DHS Secretary, in consultation with the Secretary of Labor, has the authority to raise the cap on H-2B visas upon determining that there is an economic need among American businesses for additional H-2B visas in FY 2018.

• ICE Ends Automatic Release of Pregnant Women Detained – Immigration and Customs Enforcement (ICE) announced that it was ending its general practice of releasing pregnant women from immigration jail. Under its new policy, pregnant women will only be released from detention on a case-by-case basis, ending the presumption of release.

• Immigration Courts Struggle to Hold ICE Accountable for Unlawful Conduct – Investigative series by ProPublica and the Philadelphia Inquirer, where the authors found numerous cases in which ICE agents and police officers allegedly engaged in racial profiling, conducted warrant-less searches, detained people without probable cause, fabricated evidence, and, in one extreme instance, solicited a bribe.

• President Trump Signs Memo Ordering End to “Catch and Release” Immigration Policy – On April 6, the White House issued a memo on terminating “Catch and Release” policy in which persons fleeing from persecution in their countries who present themselves at the US border are released from detention while waiting for their cases to be processed.

• State Department Proposes that Visa Applicants Submit Social Media – On March 29, the State Department proposed that all US visa applicants be required to submit their social media usernames, email addresses, phone numbers, and international travel from the last 5 years.

• Travel Ban Lifted for Chad – On April 11, President Trump removed Chad from the list of countries whose citizens are banned from getting visas to come to the US. The central African state has improved the sharing of information about suspected terrorists, and has taken steps to make its passports more secure according to a White House statement.

• USCIS Launches New E-Verify Website – On April 10, USCIS rolled out a new E-Verify website. The new website provides information about E-Verify and Form I-9, Employment Eligibility Verification, including employee rights and employer responsibilities in the employment verification process. E-Verify.gov allows employers to enroll in E-Verify directly and permits current users to access their accounts. Individuals with my E-Verify accounts can also access their accounts through E-Verify.gov

• USCIS Will Destroy Undeliverable Documents After 60 Business Days – On April 2, USCIS started to destroy permanent residence cards, employment authorization cards, and travel documents returned as undelivered by USPS after 60 business days if USCIS was not contacted by the recipient to be provided with their correct address.

1. H-1B Lottery Selections Made by USCIS: What’s Next?

 

The number of cap-subject H-1B petitions submitted by employers during the first week of April fell for the second year in a row. Approximately 190,000 petitions were filed, down from 199,000 last year and 236,000 the year before. Over 95,000 of the submissions were for persons who have advanced degrees from universities in the United States.

Read more…

2. State Department’s Visa Bulletin for May 2018 – Predictions for FY2018

• • • • Visa Bulletins from 2002 to the Present

EMPLOYMENT CATEGORIES

The May Visa Bulletin contains one significant retrogression and a couple of noteworthy advancements in the employment-based categories.

The EB-1 category for persons born in China and India went from being current in March back to January 1, 2012 in April, a retrogression of over 6 years. This is due to significant demand. In May, both China and India EB-1 remain frozen.

EB-2 China advances by almost 1 month while EB-2 India remains frozen at December 22, 2008.

The best news is that India EB-3 for professionals and skilled workers advances 3 months. However, EB-3 for China and the Philippines fails to advance.

The EB-4 category for El Salvador, Guatemala and Honduras remains frozen while EB-4 Mexico moves forward by 10 weeks.

EB-5 for Chinese investors remains frozen at July 22, 2014 while EB-5 Vietnam retrogressses to the same date.

Below are the State Department’s Charlie Oppenheim’s predictions (4-13-18) for the movement of employment-based priority dates for the rest of the fiscal year:

Under the assumption that it takes roughly five months for I-485s to be processed to completion, it is not surprising that there were several dramatic final action date advancements in the April Visa Bulletin. The motivation for and timing of these movements was to spur demand that would result in full visa number usage before the end of the fiscal year on September 30, 2018. Since it is unlikely that most May I-485 filings will be processed to completion before the end of the fiscal year, many employment-based preference categories hold their April final action dates in the May Visa Bulletin, with only modest advancements in a few select categories. These advancements were made in an abundance of caution, based on data Charlie received from USCIS regarding the number of pending cases. Categories in which final action dates will remain the same include:

EB-1 China and India;
EB-2 India;
EB-3 China and Philippines;
EB-4 El Salvador, Guatemala and Honduras, and
EB-5 China.

There are only five categories with modest advancements:

EB-2 China will move forward one month to September 1, 2014;
EB-3 India will advance three months to May 1, 2008;
EB-3 Other Workers China and India will advance one and three months respectively, to May 1, 2007 and May 1, 2008; and
EB-4 Mexico will advance roughly five weeks to October 22, 2016.

As Charlie predicted, EB-5 Vietnam became oversubscribed, due to high demand, and will assume a final action date of July 22, 2014 in May, tracking to EB-5 China.

The following chart tells the story of the EB numbers in detail for May 2018:

A. APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

	World	China	El Salvador, Guatemala, Honduras	India	Mexico	Philippines	Vietnam
1st	Current	1-01-12	Current	1-01-12	Current	Current	Current
2nd	Current	9-01-14	Current	12-22-08	Current	Current	Current
3rd	Current	6-01-15	Current	5-01-08	Current	1-01-17	Current
Unskilled	Current	5-01-07	Current	5-01-08	Current	1-01-17	Current
4th	Current	Current	12-15-15	Current	10-22-16	Current	Current
5th	Current	7-22-14	Current	Current	Current	Current	7-22-15

B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS– These dates indicate when immigrant applicants can send adjustment of status applications without having to wait for their priority dates to become current.

	World	China	El Salvador, Guatemala, Honduras	India	Mexico	Philippines
1st	Current	Current	Current	Current	Current	Current
2nd	Current	2-01-15	Current	4-01-09	Current	Current
3rd	Current	1-01-16	Current	9-01-08	Current	7-01-17
Unskilled	Current	6-01-08	Current	9-01-08	Current	7-01-17
4th	Current	Current	4-15-16	Current	Current	Current
5th	Current	9-01-14	Current	Current	Current	Current

 

FAMILY-BASED CATEGORIES

F-1 Unmarried Adult Sons & Daughters of US Citizens

F-2A Spouses & Children of LPRs

F-2B Unmarried Adult Sons & Daughters of LPRs

F-3 Married Sons & Daughters of US citizens

F-4 Brothers & Sisters of US Citizens

An applicant’s priority date is the day that the government received the I-130 Petition. For more on family-based visas and how you can shorten your application time, see Attorney Shusterman’s video near the top of this page.

VISA BULLETIN – FAMILY

The worldwide family-based categories advance in May between 2 and 5 weeks except for 1st preference category which remains frozen.

India F4 (brothers and sisters of US citizens) advances by 2 weeks.

The Mexican family-based categories move forward by 3 to 9 weeks and the Philippines between 1 and 6 weeks.

Below are the State Department’s Charlie Oppenheim’s predictions (4-13-18) for the movement of family-based priority dates for the rest of the fiscal year:

Most family-based preference petitions are processed through the National Visa Center and U.S. consulates abroad, which accept applications based on the “filing date” rather than the final action date. As a result, Charlie has excellent visibility into demand in these categories, enabling a slow and steady progression of the final action dates with much less volatility than is seen in the employment-based preference categories. Final action dates advance modestly in May for all family-based preference categories, except FB-1 China, India and Worldwide, which hold at the April dates. There is no retrogression in any of the family-based preference categories in May.

The following charts tell the story in detail:

A. APPLICATION FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

 

	World	China	India	Mexico	Philippines
1st	4-08-11	4-08-11	4-08-11	11-15-96	1-22-06
2A	6-01-16	6-01-16	6-01-16	4-22-16	6-01-16
2B	5-15-11	5-15-11	5-15-11	12-01-96	12-15-06
3rd	2-01-06	2-01-06	2-01-06	9-01-95	4-01-95
4th	10-01-04	10-01-04	3-01-04	01-08-98	2-01-95

B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS– These dates indicate when immigrant applicants can send adjustment of status applications without having to wait for their priority dates to become current.

	World	China	India	Mexico	Philippines
1st	1-08-12	1-08-12	1-08-12	7-15-98	10-08-07
2A	9-22-17	9-22-17	9-22-17	9-22-17	9-22-17
2B	9-08-11	9-08-11	9-08-11	5-22-97	9-08-07
3rd	9-08-06	9-08-06	9-08-06	9-22-98	7-22-95
4th	4-01-05	4-01-05	12-01-04	5-08-98	10-15-95

 

3. Immigration Government Processing Times

We link to the most recent immigration waiting times for each of the four USCIS Service Centers, the National Benefits Center and the Administrative Appeals Office. We also link to the processing times of all of the 83 USCIS District Offices and Sub-offices. We link to the Labor Department’s page entitled “Processing dates for labor certification applications”. Finally, we link to the State Department’s “Visa Wait Times” page.

Read more…

4. Facebook Live – Engage with Our Attorneys in Real Time

In May, attorneys from our law firm will discuss a wide range of immigration topics, including: employment-based work visas and green cards, what employers need to know about immigration, family-based immigration, immigration for E-2 and EB-5 investors and much more.

Facebook Live allows us to provide some tips and information regarding immigration law. It also provides viewers the opportunity to ask questions during the broadcast.

See the chart below for a schedule of dates, attorneys and subjects:

Date	Attorney	Subject
TBA	Belma Chinchoy	How to Pick a Winning Project for EB-5
May 9	Jennifer Rozdzielski and Giselle Sotelo	5 Helpful Tips on Immigration Court
May 16	Que Hirschi and Cheryl Gertler	How to Respond to H-1B Cap Case RFE’s
May 23	Carl Shusterman and Cheryl Gertler	The Road to a Green Card for Recent University Graduates

 

You can watch videos of our most recent Facebook Live sessions below:

EB-5 Investor Green Cards

Preparing for Your USCIS Interview

Ganado Su Casa Un Tribunal De Inmigracion

Winning Your Case in Immigration Court

Our goal is to help you understand how immigration laws, regulations and procedures affect you.

5. Success Story: Hire an Attorney Who Will Fight for You

Cheryl Gertler, Esq.
As they say – never give up. Perseverance, strategic thinking and working with a good immigration attorney are the keys to obtaining permanent resident status.

Our client whom we will call Amanda had been in the U.S. working in TN status for almost 5 years when she came to our office. She had been working as a management consultant for a local manufacturing company and was interested in remaining in the U.S. on a permanent basis. Her employer was willing to sponsor her for a green card. That was the good news. But, there were other factors to consider when creating her case strategy.

Which green card category? How far could we go in the green card process before her current TN status expired? What was the strategy for her to stay and continue working lawfully in the US until a decision was made? What, if any, backup plans were available?

There were also questions about Amanda’s qualifications. She did not have a college degree, her work experience was with multiple companies spread over a long period of time, some of the companies had gone out of business, there were gaps in her resume, and so on.

We addressed each issue, spoke with Amanda and her employer on a regular basis, and came up with a plan of action. As is typical in today’s immigration environment, there were some bumps along the way. Each time, we met or spoke with Amanda and the employer to discuss the options and revise the strategy as appropriate.

In the end, notwithstanding an audit and a Request for Evidence, the PERM application was certified, and the I-140 Immigrant Petition was approved. As a bonus, along the way, a petition for Amanda was selected in the H-1B lottery, giving us a backup plan. With good timing and a bit of luck, Amanda was able to maintain her lawful status and work authorization throughout the entire process.

Amanda was recently scheduled by the USCIS for an adjustment of status interview. We accompanied Amanda to the interview and her application for permanent residence was approved.

She recently received her permanent resident card and is going home to Canada for a well-deserved visit with her family.

Congratulations, Amanda!

 

(More Success Stories…)

6. Immigration Trivia Quiz

Quiz Removed

7. Ask Mr. Shusterman: Supreme Court Delivers Big Victory for Immigrants

On April 17, the US Supreme Court ruled in Sessions v. Dimaya that a Filipino man with 2 burglary convictions who had become a US permanent resident as a child is entitled to a hearing before an Immigration Judge where he can apply for relief from removal.

Read more…

8. Shusterman’s Upcoming Immigration Seminars

Federal Bar Association
Immigration Law Conference
Memphis, Tennessee
May 18-19, 2018
Topic: Employment-Based Immigration

American Immigration Lawyers Association
AILA Annual Conference
San Francisco, California
June 13-16, 2018
Topic: Doing the Math – Addressing the Complexities of the CSPA

Professionals in Human Resources Association: Los Angeles Chapter
Los Angeles, California
June 20, 2018
Topic: Complying with Both Federal and State Immigration Laws

Professionals in Human Resources Association: Ventura Chapter
Ventura, California
June 21, 2018
Topic: Complying with Both Federal and State Immigration Laws

Professionals in Human Resources Association: North Orange County Chapter
Orange County, California
July 19, 2018
Topic: Complying with Both Federal and State Immigration Laws

UC Immigrant Legal Services Center
Irvine, California
July 30, 2018
Topic: Preparing a Client for a Consular Interview

Professionals in Human Resources Association: Riverside Chapter
Riverside, California
August 9, 2018
Topic: Complying with Both Federal and State Immigration Laws

America Immigration Lawyers Association
Lima, Peru
November 16, 2018
Topic: Dissecting Unlawful Presence and Preparing Your Client for Visa Interviews Abroad

 

9. Jobs & Green Cards for RNs & MedTechs – Free Legal Help!

Are you a Registered Nurse or a Medical Technologist or a Speech Language Pathologist who is looking for a job in the US?

What if you could find a job, a work visa, and green cards for you and your family to live in the US? And what if the cost to you for all of this was zero dollars?

Hard to believe? Let me explain:

Our law firm represents over 100 hospitals across the country, and the nurse shortage in the US is coming back.

Our hospitals are in need of hundreds of RNs as well as Medical Technologists and other healthcare professionals. They are looking for both US and foreign-born RNs, and they will pay all of our attorneys’ fees, USCIS filing fees and more!

We have a video and a web page for those who are interested in applying for employment and sponsorship.

If you are a foreign nurse, a medical technologist or a speech language pathologist and need a job in the US and the job requires a work visa and/or green card, please do the following:

Send an e-mail message to egarcia@shusterman.com

In your message, please provide the following information:

1. Have you passed the NCLEX exam?
2. Do you have a current RN license in the US? If so, from what state(s)?
3. Have you taken and passed the IELTS or TOEFL exam?
4. Do you have a valid VisaScreen certificate?
5. Do you have any immediate family members accompanying you to the United States (spouse and children)?
6. Have you ever been petitioned by any US sponsor and hold an old priority date? If so, what is your priority date?
7. If you are present in the US, what is your current immigration status?
8. What is your RN background (area of expertise)?
9. What is your country of birth?
10. What is your country of citizenship?
11. What is your phone number?

If you are a CLS or a Speech Language Pathologist, please amend the above questions accordingly.

We will forward your response to our hospitals, and if they are interested, they will contact you. Please do not contact our law firm until after you hear from one of our hospitals.

We look forward to helping you!

10. Winner for Our April 2018 Immigration Trivia Quiz

Quiz Removed

Here is the message we received from our winner, Matthew:

“Hi there – not going to let another month go un-won, my answers are the following:

• • 1. Chloe Kim, both parents from South Korea
    2. Nathan Chen, both parents from China
    3. Thomas Hong, both parents from South Korea
    4. Mirai Nagasu, parents from Japan”

 

Congratulations, Matthew! And thank you for keeping up with our newsletter!

Carl Shusterman

Certified Specialist in Immigration Law, State Bar of California
Immigration and Naturalization Service (INS) Attorney (1976-82)
Member of AILA Board of Governors (1988-97)
Law Offices of Carl Shusterman, 600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
Phone: (213) 623-4592 x0, Fax: (213) 623-3720

“USCIS Director Cissna is part of a team of Trump officials who share a common mission: Reduce legal immigration and break the cycle whereby international students come to America, are later hired by U.S. companies and become Americans. Trying to end something so historically beneficial to America is wrong-headed and damaging to the country.”

– Stuart Anderson, Executive Director of the National Foundation for American Policy

 

Shusterman’s Immigration Update May 2018 – Quick Links

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May 2018