Shusterman’s Immigration Update October 2018
Volume Twenty Three, Number Ten
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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Shusterman’s Immigration Update October 2018
TABLE OF CONTENTS
1. What You Need to Know as the New Fiscal Year Begins
2. State Department Visa Bulletin for October 2018 & Predictions for FY2019
3. Immigration Government Processing Times
4. Facebook Live – Engage with Our Attorneys in Real Time
5. Success Story: What to Do When USCIS Fails to Follow the Law
6. Immigration Trivia Quiz: Immigrant Horror Film Directors
7. Ask Mr. Shusterman – The Real Reason the Suspension of H-1B Premium Processing Was Expanded & Extended by the USCIS
8. Shusterman’s Upcoming Immigration Seminars
9. Jobs & Green Cards for RNs & MedTechs: Free Legal Help!
10. Winner for September Immigration Trivia Quiz!
Shusterman’s Immigration Update October 2018 – NEWS FLASHES
- AG Sessions Limits Power of Judges to Terminate Removal Proceedings – On September 18, Attorney General Jeff Sessions issued an opinion in Matter of S-O-G- and F-D-B- which states that “…immigration judges have no inherent authority to terminate removal proceedings even though a particular case may pose sympathetic circumstances”.
- DHS Proposal Would Allow Detention of Families for Years – DHS/HHS notice of proposed rulemaking to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles and would terminate the Flores Settlement Agreement. The rule would create an “alternative” to the existing licensed program requirement for family residential centers, including the ability to detain family units together during the entirety of their immigration proceedings. Comments are due by November 6.
- DHS Proposes Rule on Public Assistance – On September 21, the Department of Homeland Security (DHS) published a proposed rule which would dramatically expand who is inadmissible to the US as a “public charge”. Currently, a person is a public charge if they are accepting, or are likely to accept, cash public assistance. The new rule would expand this to include non-cash public assistance such as housing vouchers, food stamps and low-cost prescription drugs.
- Geographical Area of an EB-5 Regional Center — On August 24, USCIS released a memo announcing that it is updating guidance in its Policy Manual regarding a regional center’s geographic area requests to expand the geographic area, and how such requests affect the filing of Form I-526, Immigrant Petition by Alien Entrepreneur. USCIS stated that the updated policy guidance “is controlling and supersedes any prior guidance.”
- Green Card Lottery Starts October 3rd – The DV-2020 Green Card Lottery begins this Wednesday, October 3 at 12:00pm EDT and ends on November 6 at 12:20pm EST. 50,000 people from around the world will qualify for green cards through the lottery. You can apply online.
- State Department Releases Internal Guide to Travel Ban Waivers – In September, the State Department, in response to a Freedom of Information Act request, released an internal guide for officers which describes who is affected by the Travel Ban, and what factors to consider in deciding who is eligible for a waiver.
- Trump to Reduce Number of Refugees to an All-Time Low – Secretary of State Michael Pompeo announced the administration’s proposal to resettle up to 30,000 refugees under the FY2019 refugee ceiling, which would represent the lowest ceiling since the refugee program was created in 1980.
- USCIS Raises Fees for Premium Processing of I-129 and I-140 Petitions – USCIS announced that it is raising the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on October 1, 2018. The fee will increase to $1,410 from the current fee of $1,225.
1. What You Need to Know as the New Fiscal Year Begins
Immigration rules continue to change on a week-to-week, and sometimes, a day-to-day basis. Here is what you need to know about immigration policy as the Federal fiscal year begins:
1. Congress Continues to Fund the Federal Government
Congress has continued to fund the DHS and other federal agencies through December 7, 2018.
This means that certain federal immigration programs which are not permanent will continue to exist including the EB-5 Regional Center Program, E-Verify, the Conrad 30 Program for Physicians and Non-Ministerial Religious Workers.
However, the budget does not fund the proposed border wall between the US and Mexico.
2. Green Card Applicants can Use the Filing Day Charts for Adjustment of Status
As explained in detail in Topic #2 below, the USCIS has agreed to allow applicants for adjustment of status to use the Filing Day Charts in the October Visa Bulletin to apply even though their priority dates may not be current.
3. USCIS Has Been Given Free-Reign to Issue NTAs
The USCIS memorandum allowing the USCIS to skip issuing RFEs and NOIDs when they deny applications for immigration benefits became effective on October 1st. Instead, when a denial leaves an applicant without a lawful immigration status, the USCIS is free to issue a Notice to Appear before an Immigration Judge in removal proceedings.
4. Persons Using Public Benefits Could Be Disqualified from Receiving Visas and Green Cards
In late September, the Administrative Board issued a proposed regulation which would prevent non-citizens from qualifying for visas or green cards if they are receiving – or are likely to receive – certain public benefits including Medicaid, food stamps, housing vouchers, etc.
The rule would only apply to persons who enroll in any of these programs after the final rule is enacted. It would not apply to refugees, applicants for asylum and immigrants who obtain such benefits for their US citizen children.
It is important to remember that under current law, many immigrants are not eligible for certain public benefits until they have had a green card for a certain number of years.
We will continue to follow these and other current and proposed immigration policies in future issues of this newsletter.
2. State Department’s Visa Bulletin for October 2018 – Predictions for FY2019
On September 14, USCIS announced that it would accept adjustment of status applications based on the “Dates for Filing” chart for both family-based and employment-based cases. Since DOS’s Charlie Oppenheim sets the “Dates for Filing” based on where he expects the final action dates will be in the next 8 to 12 months, these charts are also helpful in understanding how far the final action dates are likely to advance in the near term. Understanding these charts can help immigrants and their attorneys plan accordingly.
EMPLOYMENT-BASED CATEGORIES
The employment-based (EB) categories in the visa bulletin are as follows:
An applicant’s priority date is the day that the government received the employer’s PERM application. However, if a PERM application is not required, the priority date is the date the government received an EB visa petition (I-140, I-526). Watch our EB videos to see various methods of shortening your waiting time for a green card.
State Department’s Charlie Oppenheim’s Predictions for EB Categories
EB-1. For October, EB-1 Worldwide along with all other countries except China and India, advances ten months to April 1, 2017. Charlie remains pessimistic that the EB-1 Worldwide final action date will advance before the end of this calendar year. He forecloses the possibility of advancement in November and is pessimistic that there will be advancement in December but notes that there will be some forward movement in all EB-1 categories after the beginning of 2019. Demand is sufficiently high that Charlie is unable to predict at this time whether this category will become current in FY 2019. Charlie does not expect any advancement of EB-1 China or EB-1 India before January 2019 and believes it is “almost guaranteed” that both categories will be subject to a final action date through the fiscal year.
EB-2 and EB-3 Worldwide. As previously predicted, EB-2 Worldwide and EB-3 Worldwide will return to current in October and will remain current for the foreseeable future and well into the next calendar year. Charlie has not seen expected growth in EB-3 Worldwide.
EB-2 China and EB-3 China. While EB-2 China recovers to April 1, 2015 in October, it will not surpass the EB-3 China final action date, which advances to June 1, 2015. It is unclear whether EB-3 China’s two-month lead will be significant enough to spur downgrade demand. If there are not as many downgrades, EB-3 China could advance more rapidly than expected. Charlie has no visibility into EB-3 China “downgrade” demand until a visa number is requested, so this category may move modestly to avoid future retrogression. Members should continue to watch these two categories closely.
EB-2 India and EB-3 India. EB-2 India advances to March 26, 2009 in October, with EB-3 India trailing behind by less than three months at January 1, 2009. Members should carefully watch movements in these two categories. Based on the dates for filing and depending on the level of demand in each of these categories, it is possible that EB-3 India may surpass EB-2 India at some point this fiscal year.
EB-3 Philippines and Other Workers Philippines. As predicted, EB-3 Philippines and Other Workers Philippines will recover to June 1, 2017 in October. Members should expect only minimal movement during the first quarter of the fiscal year.
VISA BULLETIN – EMPLOYMENT
A. APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES –
| World | China | El Salvador, Guatemala, Honduras | India | Mexico | Philippines | Vietnam | |
|---|---|---|---|---|---|---|---|
| 1st | 4-01-17 | 6-01-16 | 4-01-17 | 6-01-16 | 4-01-17 | 4-01-17 | 4-01-17 |
| 2nd | Current | 4-01-15 | Current | 3-26-09 | Current | Current | Current |
| 3rd | Current | 6-01-15 | Current | 1-01-09 | Current | 6-01-17 | Current |
| Unskilled | Current | 5-01-07 | Current | 1-01-09 | Current | 6-01-17 | Current |
| 4th | Current | Current | 2-15-16 | Current | 10-22-16 | Current | Current |
| 5th | Current | 8-15-14 | Current | Current | Current | Current | 1-01-16 |
B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS – The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa.
| World | China | El Salvador, Guatemala, Honduras | India | Mexico | Philippines | |
|---|---|---|---|---|---|---|
| 1st | 6-01-18 | 10-01-17 | 6-01-18 | 10-01-17 | 6-01-18 | 6-01-18 |
| 2nd | Current | 6-15-15 | Current | 5-22-09 | Current | Current |
| 3rd | Current | 8-08-15 | Current | 10-01-09 | Current | 7-01-17 |
| Unskilled | Current | 6-01-08 | Current | 10-01-09 | Current | 7-01-17 |
| 4th | Current | Current | 5-01-16 | Current | Current | Current |
| 5th | Current | 10-01-14 | Current | Current | Current | Current |
FAMILY-BASED CATEGORIES
The family-based categories in the visa bulletin are as follows:- 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 may be able to shorten your waiting time, see Attorney Shusterman’s video.
State Department’s Charlie Oppenheim’s Predictions for FB Categories
Since most family-based cases are processed at Embassies/Consulates, Charlie’s visibility into family-based demand is good, which avoids dramatic fluctuations in the final action dates. These categories are expected to advance modestly or hold steady, except Mexico. Given lower than anticipated demand members may see the Mexico family-based categories move more rapidly than normal. Demand from China continues to be relatively low, whereas India demand has rebounded over the past year.
VISA BULLETIN – FAMILY
A. APPLICATION FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES– These dates are consistent with prior visa bulletin priority dates.
| World | China | India | Mexico | Philippines | |
|---|---|---|---|---|---|
| 1st | 6-01-11 | 6-01-11 | 6-01-11 | 8-01-97 | 12-22-06 |
| 2A | 8-22-16 | 8-22-16 | 8-22-16 | 8-01-16 | 8-22-16 |
| 2B | 11-22-11 | 11-22-11 | 11-22-11 | 5-15-97 | 5-15-07 |
| 3rd | 6-15-06 | 6-15-06 | 6-15-06 | 12-22-95 | 6-08-95 |
| 4th | 2-15-05 | 2-15-05 | 5-01-04 | 1-22-98 | 6-08-95 |
B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS – The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa.
| World | China | India | Mexico | Philippines | |
|---|---|---|---|---|---|
| 1st | 3-08-12 | 3-08-12 | 3-08-12 | 10-08-98 | 2-15-08 |
| 2A | 12-01-17 | 12-01-17 | 12-01-17 | 12-01-17 | 12-01-17 |
| 2B | 3-22-14 | 3-22-14 | 3-22-14 | 6-22-97 | 12-15-07 |
| 3rd | 1-08-07 | 1-08-07 | 1-08-07 | 12-22-98 | 6-01-97 |
| 4th | 6-01-05 | 6-01-05 | 1-01-05 | 6-22-98 | 4-08-96 |
A priority date is established by the submission of a relative visa petition (Form I-130) in the family categories.
The word “Current” indicates that no backlog presently exists in a particular category. Alternately, the word “Unavailable” indicates that it is not possible to apply for permanent residence in that category.
The dates in the Visa Bulletin can be misleading. They may look closer on the Bulletin than they are in reality.
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.
4. Facebook Live – Engage with Our Attorneys in Real Time
In our Facebook Live videos, our attorneys discuss a wide range of immigration topics and take questions online. We announce each topic in advance on the Breaking Immigration News section on our homepage.
Facebook Live allows us to provide tips and information regarding immigration law, while also providing viewers the opportunity to ask questions during the broadcast.
You can watch videos of our previous Facebook Live sessions below:
Direct EB-5s |
Stop Deportations using Pereira v. Sessions |
What to Do After TPS Ends |
|
Preparing for Your USCIS Interview |
|
Ganado Su Caso En 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: What to Do When USCIS Fails to Follow the Law
Ever wonder what you would do if the USCIS suddenly revoked the benefits that they had given you in the past and now wants to deport you?
6. Immigration Trivia Quiz
Quiz Removed
7. Ask Mr. Shusterman – The Real Reason the Suspension of H-1B Premium Processing Was Expanded & Extended by the USCIS
On August 28, the USCIS announced that premium processing would be extended for most H-1B petitions until February 19, 2019.Premium processing for FY-2019 cap cases has been suspended since April 2, 2018 and was supposed to last until September 10. Now, according to the latest announcement, as of September 11, USCIS expanded the suspension to include most H-1B changes of employer, changes of status and amendments.
8. Shusterman’s Upcoming Immigration Seminars
Adventist Health
Roseville, California
October 18, 2018
Topic: Temporary Visas for Healthcare Professionals
American Immigration Lawyers Association
Lima, Peru
November 16, 2018
American Immigration Lawyers Association
Law Practice Management Conference
Las Vegas, Nevada
February 22-23, 2019
Topic: TBA
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.
We look forward to helping you.
10. Winner of Our September 2018 Immigration Trivia Quiz!
Quiz Removed
Here are the answers from our winner, Jana B. :
- Celine Dion, Country of origin: Canada, The source of success: music
- Pierre Omidyar, County of origin: France, The source of success: Founder of eBay
- Elon Musk, Country of origin: South Africa, The source of success: Pay Pal, Tesla Motors -electric cars
When I came to USA I did not speak any English…I knew 2 answers to your quiz ( Celine and Elon). I googled “ immigrants who became billionaires” to find out who is the second person. I have been a subscriber to your newsletter for many years. I use it to educate myself about the immigration law which controls in a big part our lives.
Thank you for providing us with up to date information.
Congratulations, Jana B.! 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
“[Let] the poor the needy and oppressed of the Earth, and those who want Land, resort to the fertile lands of our western country, the second land of Promise, and there dwell in peace, fulfilling the first and great commandment.”
– George Washington
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October 2, 2018