Volume Twenty, Number Ten

SHUSTERMAN’S IMMIGRATION UPDATE is the Web’s most popular e-mail newsletter regarding U.S. immigration laws and procedures with over 40,000 subscribers located in more than 150 countries. It is written by a former INS Trial Attorney (1976-82) with almost 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 December 2015

TABLE OF CONTENTS:

1. Jobs & Green Cards for RNs & CLSs: Free Legal Help!
2. State Department Visa Bulletin for December 2015
3. Immigration Government Processing Times
4. Success Story: Petition for a Writ of Mandamus
5. Immigration Trivia Quiz: Immigrants in Hollywood
6. EB-5 Investors: Top 20 Project Questions You Need to Ask
7. Ask Mr. Shusterman: Immigration in the 2016 Presidential Race
8. Shusterman’s Upcoming Immigration Seminars
9. Immigration YouTube Channel Receives One Million Views
10. Winner of Our November 2015 Immigration Trivia Quiz!

NEWS FLASHES:

• • Form I-765 Update – On November 4, the USCIS released an updated version of Form I-765, an Application for an Employment Authorization Document (EAD). Some previous versions of the form will continue to be accepted.

• • H-2A and H-2B Program Eligibility – The Department of the Homeland Security has released a list of 16 additional countries whose nationals will be qualified to participate in the H-2A and H-2B temporary worker visa programs next year. Nationals from the following countries: Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan, and Timor-Leste will join workers from 68 other countries already participating in the H-2A and H-2B programs.

• • Higher H-1B Wages Under Sanders – US Senator Bernie Sanders, wants to amend the H-1B program by considerably raising prevailing wages for H-1B workers. Sanders would also change the current system which binds an H-1B worker to a specific employer, thus creating a more competitive job market. Sanders believes that any H-1B worker should be able to move anywhere and have the opportunity to obtain a better job. Sanders’ plan also establishes a “whistleblower visa” for workers reporting labor violations.

• • More Mexicans Leaving the US – Between 2009 and 2014, over one million Mexicans (including their US-born children) have left the US while only 870,000 have come to the US. Stricter immigration laws, a decreasing number of jobs and family reunification are some of the main reasons why more Mexicans are leaving the US than staying here.

• • Possible Changes to Form I-9 – On November 24, the USCIS proposed changes to Form I-9, Employment Eligibility Verification. These modifications are intended to reduce technical errors and help in the completion of the form. USCIS has provided a time span of 60 days in which users are able to comment on these proposed changes.

• • Syrian Refugee Crisis – In early November, House members voted 289-137 in favor of the American Security Against Foreign Enemies Act. The bill was introduced in reaction to the deadly attacks in Paris. It would shutdown the US refugee resettlement program for Syrians and Iraqis. About a fourth of Democrats crossed party lines to support the bill. The bill now goes to the Senate for a vote in December. President Obama has stated that he will veto the legislation should it pass the Senate.

• Vetting Syrian Refugees – The current system for vetting Syrian refugees before they can be admitted to the US is quite extensive. The process consists of registration, a referral from the United Nations, 3 interviews, 3 background checks, and 3 fingerprint screenings throughout a time frame of approximately 2 years.

1. Jobs & Green Cards for RNs & CLSs
Free Legal Help!

Are you a Registered Nurse or a Medical Technologist 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 in the US? And what if the cost to you for all of this was zero?

Hard to believe? Let me explain:

Our law firm represents over 100 hospitals across the country. And the nurse shortage 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 or a medical technologist 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?

If you are a CLS, please amend the above questions accordingly.

We will forward to 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!

2. State Department Visa Bulletin for December 2015

EMPLOYMENT CATEGORIES

Most of the backlogged employment-based dates inch forward in December between 2 and 6 weeks.

The good news: India EB-2 advances 10 months while China EB-3 does so by 3 1/2 months.

The bad news: China EB-2 and China EB-3 for unskilled workers both fail to advance.

Predictions: The State Department has issued the following predictions for the EB-2, EB-3 and EB-5 categories:

EB-2

• Worldwide: Current
• China: Forward movement of this date during FY-2015 has resulted in a dramatic increase in demand. Little, if any movement is likely during the coming months.
• India: Up to eight months.

EB-3

• Worldwide: The rapid forward movement during FY-2015 was expected to generate a significant amount of demand for numbers. If such demand fails to materialize in the near future, it will be necessary to begin advancing this cut-off date.
• China: Rapid forward movement. Such movement will result in increased demand which will require “corrective” action as early as April.
• India: Up to three weeks.
• Mexico: Will remain at the worldwide date.
• Philippines: Four to six weeks.

EB-5

• The category will remain “Current” for most countries.
• China-mainland born: Slow forward movement.

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

A. APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES– These dates are consistent with prior visa bulletin priority dates.

1stCurrentCurrentCurrentCurrentCurrent

Categories	Worldwide	China (PRC)	India	Mexico	Philippines
2nd	Current	2-01-12	6-01-07	Current	Current
3rd	9-01-15	4-15-12	4-22-04	9-01-15	8-01-07
Unskilled	9-01-15	8-01-06	4-22-04	9-01-15	8-01-07
4th	Current	Current	Current	Current	Current
Religious	Current	Current	Current	Current	Current
5th Non-Regional Center (C5 and T5)	Current	12-15-13	Current	Current	Current
5th Regional Center (I5 and R5)	Current	12-15-13	Current	Current	Current

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. The State Department failed to advance any of the filing dates in the December Visa Bulletin.

Categories	Worldwide	China (PRC)	India	Mexico	Philippines
1st	Current	Current	Current	Current	Current
2nd	Current	1-01-13	7-01-09	Current	Current
3rd	9-01-15	10-01-13	7-01-05	9-01-15	1-01-10
Unskilled	9-01-15	1-01-07	7-01-05	9-01-15	1-01-10
4th	Current	Current	Current	Current	Current
Religious	Current	Current	Current	Current	Current
5th Non-Regional Center (C5 and T5)	Current	5-01-15	Current	Current	Current
5th Regional Center (I5 and R5)	Current	5-01-15	Current	Current	Current

FAMILY CATEGORIES

Most of the family-based preference categories inch forward from 2 to 5 weeks in December.

The good news: The 1st preference category for the Philippines jumps ahead by 7 months.

The bad news: Mexico 4th preference fails to advance in December while Mexico 1st preference moves forward by only 1 week.

Predictions: The State Department predicts that the worldwide family-based preference categories will move forward through March 2016 as follows:

• F1: Three to six weeks
• F2A: Three to six weeks
• F2B: Up to one month
• F3: Two to four weeks
• F4: Three or four weeks

The chart below tells the story in detail:

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

Categories	Worldwide	China (PRC)	Mexico	Philippines
1st	4-01-08	4-01-08	12-08-94	1-01-03
2A	6-15-14	6-15-14	5-08-14	6-15-14
2B	3-01-09	3-01-09	9-08-95	12-01-04
3rd	7-01-04	7-01-04	7-08-94	10-22-93
4th	3-22-03	3-22-03	4-01-97	7-01-92

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. Like the employment-based categories, the State Department fails to advance any of the family-based filing dates in December.

Categories	Worldwide	China (PRC)	Mexico	Philippines
1st	5-01-09	5-01-09	4-01-95	9-01-05
2A	3-01-15	3-01-15	3-01-15	3-01-15
2B	7-01-10	7-01-10	4-01-96	5-01-05
3rd	4-01-05	4-01-05	5-01-95	8-01-95
4th	2-01-04	2-01-04	6-01-98	1-01-93

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. Success Story: Petition for a Writ of Mandamus

Consider filing a Petition for a Writ of Mandamus in Federal Court to force the government to decide your application for a visa, a green card or U.S. citizenship.

I can’t tell you how many times immigrants have sought our help because their applications for visas,  green cards or naturalization have been pending for months or even years.

Read more…

5. Immigration Trivia Quiz:

Quiz Removed.

6. EB-5 Investors: Top 20 Project Questions You Need to Ask

This fall, EB-5 investors face several filing deadlines in anticipation of new EB-5 regulations that are expected to change significantly the EB-5 program. While changes in the EB-5 law are imminent – and thus meeting filing deadlines is important – EB-5 investors must not forget that carefully choosing an EB-5 project remains essential. In the end, an EB-5 investor’s visa and permanent residency in the United States depend on the project to which the investor contributed his/her EB-5 capital. In other words, hurrying up to meet a filing deadline to take advantage of current EB-5 rules will not help the investor obtain lawful permanent residence if the project is deemed EB-5 non-compliant or if the project fails to create the requisite jobs. By investing in a non-compliant project, EB-5 investors risk not only losing their capital contribution but also losing their chance at permanent residency.

To help investors carefully chose projects which comply with EB-5 immigration regulations, here are the top 20 questions with which EB-5 investors should start their project evaluation.

* Attorney Chinchoy helps our EB-5 clients obtain and understand answers to each of these questions and makes sure our clients are comfortable with immigration aspects of their chosen EB-5 Regional Centers and projects.

1. How many EB-5 projects has the Regional Center sponsored? Completed?
2. What is the Regional Center’s rate of I-526 and I-829 approvals?
3. Has the Regional Center completed projects and returned investors’ capital?
4. Has the project filed an Exemplar application? If so, when?
5. How many investor spots are in the project? How many are subscribed?
6. Is there a minimum number of investors required and have all those investors been obtained? What happens if an insufficient number of EB-5 investors subscribe?
7. What is the project’s capital stack? Has developer contributed funds to the project? If so, how much?
8. What is the project’s closing date and when are the investors’ funds released to the project?
9. In case of an I-526 denial, what are the terms for return of an investor’s capital?
10. Can the investor review the TEA letter?
11. Job creation details: Are there construction jobs? Is there a job cushion? Timeline?
12. Is the economic model for job creation clear? Are inputs clearly identified?
13. What is the process for job allocation at the I-829 stage?
14. Will a third party or Regional Center monitor project expenditures and job creation?
15. How frequently will investors receive project reports?
16. If the EB-5 investors’ funds are loaned to the developer, is there a collateral for the loan?
17. What is the exit strategy?
18. Does the business plan appear logical? Does it contain all required sections and sources (Matter of Ho compliance)?
19. Does the project management team instill confidence? What is the team’s experience with EB-5? With finances?
20. Have the project materials been prepared by an experienced team of professionals (immigration attorney, economist, business plan writer and securities counsel)?

* Belma Demirovic Chinchoy, Esq. is an immigration attorney qualified to advise clients on immigration aspects of the EB-5 program. Immigration attorneys are not qualified investment advisors and broker/dealers. Each investor is advised to obtain qualified professional counsel regarding financial risks associated with investments, including EB-5 investments.

7. Ask Mr. Shusterman: Immigration in the 2016 Presidential Race

The 2016 race for President is getting in full swing. Immigration is an important issue. It would be great to see a full and robust debate about how to fix an immigration system that leaders of both parties agree is broken.

This past week, Senator Bernie Sanders, a Democratic candidate, issued the following 8-point plan for reforming our immigration system:

1. Dismantle inhumane deportation programs and private detention centers.
2. Offer humane treatment and asylum to victims of domestic violence and minors fleeing from dangerous circumstances in Latin America.
3. End policies that discriminate against women and ensure that mothers and wives who come into the United States with their families have the same right to work as their partners.
4. Pave the way for a swift legislative path to citizenship for 11 million undocumented immigrants.
5. Close loopholes that allow federal agencies to use racial and ethnic profiling at the border.
6. Ensure our border remains secure and protects local communities.
7. Make it easier for immigrants to access the judicial system.
8. Increase oversight of key Department of Homeland Security agencies to guard against waste, fraud and abuse.

The 14 Republican candidates are all over the place when it comes to immigration. The most popular GOP candidates, Donald Trump and Ben Carson, seem more concerned with making outlandish negative statements about immigrants rather than proposing reasonable solutions to fix our present system.

Trump has made headlines by calling Mexican immigrants criminals and “rapists” and insisting that Muslims must register with the federal government. Carson has referred to those fleeing the violence in Syria as “rabid dogs”. Senator Ted Cruz (R-TX), the son of a Cuban refugee, has pledged to introduce legislation to ban Muslim Syrians fleeing violence in their country from being admitted to the US as refugees.

Even Republican candidates like Marco Rubio and Jeb Bush, who have supported immigration reform in the past, have backed away from their previous positions.

While anti-immigrant stances may, unfortunately, make political sense in certain primary states for the GOP, these will be a negative factor in the general election. Witness Mitt Romney, with his “self-deport” position, who won the GOP primaries in 2012, but who lost to President Obama in the general election because voters, particularly those with Hispanic and Asian ancestry, overwhelmingly opposed his anti-immigrant philosophy.

It is time for a robust national debate on our immigration policies and, hopefully, this will begin to occur sooner rather than later.

8. Shusterman’s Upcoming Immigration Seminars

• • Employment-Based Visa Options Workshop
    UCLA Office of International Student Services
    300 Bradley International Hall
    December 3, 2015
    10am to Noon

 

• • Immigration – Legal Ethics
    UCLA School of Law
    January 28, 2016
    5:30 am – 6:30 pm
    Topic: Legal Ethics in Practice

 

• AILA – Nevada Chapter: Spring CLE Conference
  February 26, 2016
  7:30 am – 5:00 pm
  February 27,2016
  8:30 am – 12:00 pm
  Topic: Solo & Small Practice: Business School for the Immigration Lawyer

9. Immigration YouTube Channel Receives One Million Views

Lady Gaga has nothing to worry about. Our 60+ “How To” immigration videos on YouTube now have over 1,000,000 views. It took us over 7 years to pull off what it probably takes her less than 7 minutes.

However, watching an attorney in a gray suit talk about laws and procedures for getting working visas, green cards and US citizenship is probably as exciting as watching paint dry. But the way we look at it, if a small fraction of those who view and learn something from our videos become our clients, that is a “win-win” for both you and for us.

Our 10 most popular videos are as follows:

1. Green Cards through Marriage – 282,000 views
2. How to Become a US Citizen – 174,000 views
3. Obama’s DAPA Program – 62,000 views
4. My Senate Testimony – 42,000 views
5. La Residencia Permanente a través del Matrimonio‬ – 41,000 views
6. Asylum: Winning Your Case – 32,000 views
7. I-601A Provisional Waivers – 30,000 views
8. How to Win Your Case in Immigration Court – 23,000 views

Some of our other videos deal with more specialized subjects including:

• Temporary Working Visas
• Green Cards through Employment/Relatives
• Green Cards for Investors
• Success Stories
• Physicians Immigration Guide

Our web site contains almost 1,000 pages and 10,000 links to other pages. Since we know that reading the government’s 66-page Handbook for Employers or scrolling through our 200+ back issues of our monthly immigration newsletter can be time consuming, we suspect that’s why many people watch our videos or follow us on Facebook and Twitter instead.

Whatever the reason, we thank you, and we will continue to post new videos online.

10. Winner of Our November 2015 Immigration Trivia Quiz!

Quiz Removed.

 

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

“Slamming the door in their faces would be a betrayal of our values. Our nations can welcome refugees who are desperately seeking safety and ensure our own security. We can and must do both.”

– President Obama regarding Syrian Refugees

Shusterman’s Immigration Update December 2015 – Quick Links

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November 29, 2015

Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.