Wednesday, April 29, 2020

SAY IT AGAIN: THE H-1B DOES NOT TAKE AWAY US WORKERS JOBS

I run a version of this post every few years.  Here is the 2015 version.  The Economist liked that version of the post, replicating it here.   The data leads to the unimpeachable conclusion that the H-1B visa does not take away US workers jobs.  The H-1B visa fills jobs where it is nearly impossible to find qualified US workers.

In 2009, a mere 9,000 H-1Bs were received in the first month of H-1B processing.  It would be 264 days before the H-1B cap was reached. In 2010, it took 300 days until the H-1B cap was reached.  In 2011, there were 236 days between the April 1, 2011 cap opening and the November 23, 2011 cap being reached.  Not coincidentally, the US employment rate from 2009-2011 ranged between eight and ten percent.

On the other hand, the H-1B cap was reached on the very first day in 2007, 2008, 2013 and 2014, mirroring the low unemployment rate.



The lack of H-1B petition filings in years when the unemployment rate is high is compelling evidence against the argument that internationally-trained workers are being used to displace American workers and lower US workers' salaries.

Why?  Because if H-1B visa labor was being used primarily to lower US workers’ salaries, then H-1B filing numbers would not correlate with US unemployment rates.  If anything, the reverse would happen because the incentive to reduce workers’ salaries is likely greater in a recessed economy, not less.

The President and his hackneyed hatchet man Steven Miller do not believe in data.  The President recently signed a ridiculous Executive Order limiting permanent residency visas (green cards) for 60 days.  The Order accomplishes nothing, but may set the table for a broader visa ban, which could include H-1Bs and other temporary visas.

Miller recently said that "the most important thing is to turn off the faucet of new immigrant labor,” as if this will save American jobs.  It won’t.  Limiting immigrant labor has never saved a single American job and it never will. 

Miller is plainly not interested in the American economy.  He gave away his real interest when he said that the temporary ban would limit "chains of follow-on migration."  That is Miller’s real interest: stopping all forms of legal migration, which he believes waters down American culture.

This logic is straightforward.  Politicians should see employment visas for what they are -- tools for growing industries to fill labor shortages.  Organizations -- and governments -- work better when they work on data and not on nonsense and rhetoric.
 ____

Here is an updated version of the chart.  The most important part of the data looks at the spike in unemployment from 2008-2014.  The post-2014 data is less relevant.  It is worth nothing that since 2014 we have had record levels of H-1B petitions, and full employment.





Monday, April 27, 2020

USCIS EXTENDS SUSPENSION OF IN-PERSON SERVICES DUE TO COVID-19


The USCIS has extended its suspension of all in-person services until at least June 4, 2020.  This cancellation includes interviews for green card cases, Naturalization ceremonies, and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume. 

The USCIS will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

USCIS staff continue to adjudicate cases and complete work that does not involve contact with the public.  USCIS will provide emergency services where the situation warrants doing so.

Friday, April 24, 2020

MAY 2020 VISA BULLETIN


The Department of State has just issued the May 2020 Visa Bulletin. This is the eighth Visa Bulletin of Fiscal Year 2020. This blog post analyzes this month's Visa Bulletin.

May 2020 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 Other
CHINA
INDIA
PHILIPPINES
1st
C
15JUL17
01AUG15
C
2nd
C
01OCT15
02JUN09
C
3rd
01JAN17
15MAY16
01MAR09
01JAN17


MU Law Analysis

This was an eagerly anticipated Visa Bulletin, but it disappointed.  MU continues to believe that the State Department will need to aggressively accelerate the dates in the next few months in order to ensure that all visas are used in fiscal year 2020.  The fact that the State Department did not include any comments at the end of the Visa Bulletin, after such a long delay in publication, was also discouraging.  MU will be asking questions to the DOS in order to try and get more answers.  We will publish those answers as they become available.


Thursday, April 23, 2020

PRESIDENTIAL PROCLAMATION REGARDING TEMPORARY HAULT TO IMMIGRATION DUE TO COVID-19

President Trump has issued a Presidential Proclamation to temporarily stop the issuance of all immigrant visas (green cards) at Embassies abroad for sixty days effective midnight on April 23, 2020.  Contrary to the overarching language used in the President’s original tweet, the text of the Proclamation reveals that it will have very little impact on business immigration.

Importantly, this Proclamation does not apply to those who are already in the United States and applying for a green card, nor does it apply to those entering the US on a nonimmigrant visa, such as H-1B, TN, L-1, for F-1.  The Proclamation does not bar nonimmigrant visa extensions or transfers.

The Proclamation only applies to all those who are:
  • outside of the United States between April 23, 2020 – June 23, 2020; and
  • not in possession of either a valid immigrant visa or an official travel document, e.g. Advanced Parole; and
  • Not one of the categories of immigrants who are exempt from the Proclamation.  
Specific categories of those seeking to enter the US on an immigrant visa are exempt from Proclamation. The exempt groups are:

  • Permanent Residents of the US;
  • Healthcare workers and their immediate family members (including those family members traveling with the healthcare worker and those family members coming to the US at a later date);
  • Other individuals coming to the US to perform work essential to combating, recovering from, or alleviating the effects of Covid-19 and their immediate family members (including those family members traveling with the healthcare worker and those family members coming to the US at a later date). 
  • Spouses and children of US Citizens;
  • EB-5 investors;
  • Individuals who are entering to assist law enforcement or who are members of the US Armed Forces;
  • Special Immigrants in the SI or SQ Class and their family members; and
  • Any person whose entry is in the national interest of the US as determine by the Secretary of State or Secretary of Homeland Security.
The Proclamation may be extended beyond sixty days if President Trump deems it necessary to do so.  If you have questions about your application and whether you are exempt from the Proclamation, please contact your MU attorney.


Friday, April 17, 2020

Since the Covid-19 outbreak, many questions have arisen concerning government aid, its availability to foreign nationals, and the impact acceptance of various types of government aid will have on the public charge analysis.  Below is a summary of the available government aid and information about its impact on foreign nationals’ immigration situation.

Testing, Treatment, and (Potential) Vaccination
  • Eligibility: Foreign nationals are eligible for testing, treatment, and any potential vaccine related to Covid-19. 
  • Public Charge: Being tested, treated, or vaccinated for Covid-19 will not be considered in the public charge analysis.  The USCIS has specifically stated that “testing, treatment, and preventative care (including vaccines, if a vaccine becomes available) related to COVID-19” will not be considered as part of a public charge determination. 

CARES Act Stimulus
  • Eligibility: Foreign nationals may be eligible for the Cares Act stimulus if the foreign national has a social security number and is either (a) a permanent resident, a/k/a green card holder, or (b) has spent enough time in the US that the foreign national meets the IRS substantial presence test
  • Individuals who have filed a tax return in 2018 and reported an Adjusted Gross Income (AGI) of up to $75,000 ($150,000 if married/filing jointly) may receive one‑time cash payments of $1,200 ($2,400 if married plus $500 per child).  Those with an AGI over $99,000 ($198,000 for married couples) will not receive a payment.  Some payments may be less for individuals with an income over $75,000 ($150,000 for married couples) but under $99,000 for individuals ($198,000 for married couples). 
  • Public Charge: Accepting CARES Act stimulus payments will not be considered in the public charge analysis.  Because the CARES Act stimulus payments are considered tax credits, they will not be considered under the public charge analysis.  The public charge rule is clear that tax credits, including the Earned Income Tax Credit and Child Tax Credit, are not taken into account for the purpose of the public charge rule.

Unemployment
  • Eligibility: Eligibility for unemployment varies from state to state.  You should contact an employment law attorney in your state to determine if you are eligible for unemployment benefits.
  • Public Charge: Applying for and accepting unemployment will not be considered in the public charge analysis.  The public charge rule explicitly states unemployment benefits are not considered “public benefits” under the public charge inadmissibility determination as unemployment is considered an earned benefits. 

Wednesday, April 15, 2020

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:
Immigration Filings: The USCIS recently announced that it may excuse some delays in filing immigration cases in a timely manner. USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond the applicant’s control, such as those that may be caused by COVID-19.

Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

For all cases where an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow an automatic 60-day extension to the due date. 

Interviews and In-Person Appointments: The USCIS has suspended all in-person services until at least May 3, 2020.  The USCIS has also announced that it will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures. 

Department of State:
US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  If you are a medical professional, please see our previous blog post about interviews for medical professionals. 

Travel Restrictions: 
Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel. 
Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to several countries within in the last 14 days.

The following individuals are exempt from the travel ban:
  • US Citizens and Lawful Permanent Residents;
  • Spouses of US Citizens and Lawful Permanent Residents;
  • Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
  • Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
  • Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
  • Other certain foreign government and health officials.
Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

Friday, April 3, 2020

USCIS RECEIVES 275,000 H-1B CAP REGISTRATIONS


USCIS announced that it has received “nearly” 275,000 H-1B cap registrations during the March 1-20 filing period, including H-1B petitions filed for the advanced degree exemption.  This is considerably more than the 190,000 H-1B petitions received during the April 2018 (Fiscal Year 2019) filing period and the 201,000 H-1B petitions received during the April 2019 (FY 2020) filing period.

USCIS is in the process of notifying H-1B cap lottery winners.  Petitioners should expect about 31% of their H-1B cap filings to be H-1B cap winners because Congress only allows USCIS to approve 85,000 H-1B cap petitions.  H-1B winners have 90 days to submit their completed H-1B cap petition to the USCIS. 

MU Law’s numbers track the USCIS percentage.  So far, we have received notice that about 30% of our total registrations are H-1B cap winners.  MU Law is in the process of contacting H-1B winners. 

Unlike in past years, the USCIS will continue to update the H-1B cap winners list, as H-1B petitions are denied or petitioners choose not to pursue their winning registrations.  Therefore, additional winners may be added throughout the spring and summer.  USCIS is not expected to contact any H-1B lottery losers until all 85,000 approval notices are issued or the end of the 2021 fiscal year, whichever comes first.

Thursday, April 2, 2020

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19


Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.  Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

For all cases where an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow an automatic 60 day extension to the due date. 

Interviews and In-Person Appointments: The USCIS has suspended all in-person services until at least May 3, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.  The USCIS has also announced that it will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures.  For forms that require an original “wet” signature, including the I-129, I-140, and I-485, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  As resources allow, embassies and consulates will continue to provide emergency services. Appointments and interviews will resume as soon as possible.  If you are a medical professional, please see our previous blog post about interviews for medical professionals. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel.  US Citizens who do not live in the United States should arrange for immediate return to the US or prepare to remain abroad for an indefinite period of time.  Many countries are experiencing COVID-19 outbreaks and are implementing travel restrictions, quarantines, and closed borders.

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:
  • US Citizens and Lawful Permanent Residents;
  • Spouses of US Citizens and Lawful Permanent Residents;
  • Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
  • Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
  • Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
  • Other certain foreign government and health officials. 

 On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.