November 2014 Visa Bulletin: India EB2 Retrogresses

The Department of State released the Visa Bulletin for November 2014 which notes a slight forward movement in most categories, except the employment-based, second preference (EB2) India category, which retrogressed from May 1, 2009 to February 15, 2005. The Visa Bulletin, see below, also included notes on potential visa availability in the coming months.

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Florida Immigrant Coalition’s “Drive for Common Sense” seeks Drivers Licenses for all Floridians Regardless of Immigration Status

The Florida Immigrant Coalition (FLIC) is a statewide coalition of more than 30 member organizations and over 100 allies, founded in 1998 and formally incorporated in 2004.

Sample FL ID card

Sample Florida ID Card (source: http://www.flhsmv.gov)

The FLIC has organized “The drive for common sense” which would allow Florida drivers to hold a driver’s license regardless of immigration status.  A petition endorsing this position is available to sign on FLIC’s website which elaborates on the status quo:

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Major Retrogression Imminent for EB-2 India

Via aila.org

Per the AILA DOS Liaison Committee’s followup with Mr. Charles Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, “retrogression of EB-2 India appears to be imminent, and could happen as early as November. The October 2014 priority date for EB-2 India is May 1, 2009. Given current demand, the priority date will retrogress, possibly to a date in early 2005.”

More details:

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DOL Statistics on H-1Bs from FY2014 Fourth Quarter (8/31/14)

DOL Statistics on H-1Bs from FY2014 Fourth Quarter (8/31/14)

The U.S. Department of Labor’s OFLC statistics on H-1Bs as of 8/31/14, including number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage of applications timely processed.

Interestingly, of the top ten (10) H-1B Occupations:

  • The top three (3) H-1B Occupations involve Information Technology.
  • A total of six (6) of the top 10 H-1B Occupations involve Information Technology.

Link: H-1B_Selected_Statistics_FY2014_Q4 (PDF)

Customs and Border Protection has Designated (optional) Ports of Entry for First Time Canadian TN (NAFTA) and L Visa Applicants

via http://www.cbp.gov

Traveling on a TN or L-1 Visa From Canada?

Optimize Your Processing at these U.S. Ports of Entry

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Ashwin Sharma interviewed about H-1B visas in the September issue of the Florida Trend Magazine

3

via http://www.floridatrend.com

Florida Trend magazine’s article highlights many of the unreasonable constraints and scrutiny facing the H-1B professional worker program in the U.S. today.  Excerpt follows:

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DHS, USCIS Office of Inspector General, Information Technology Management Report entitled “Progress and Challenges” covers IT recommendations for USCIS

via www.oig.dhs.gov/

DHS, USCIS Office of Inspector General, Information Technology Management Report entitled “Progress and Challenges”

U.S. Citizenship and Immigration Services Information Technology Management Progress and Challenges (PDF, 36 pages – 1.34 MB)

Spotlight (PDF, 1 page – 125 KB)

USCIS Reaches FY 2015 H-1B Cap – Via USCS.gov

VIA USCIS.gov

Release Date: April 07, 2014

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.

Before running a random selection process, USCIS will complete initial intake for all filings received during the filing period which ended today. Due to the high number of petitions, USCIS is not yet able to announce the date on which it will conduct the random selection process.

A computer-generated process will randomly select the number of petitions needed to meet the caps of 65,000 visas for the general category and 20,000 under the advanced degree exemption. USCIS will reject and return filing fees for all cap-subject petitions that are not selected, unless found to be a duplicate filing.

The agency will conduct the selection process for the advanced degree exemption first. All advanced degree petitions not selected will become part of the random selection process for the 65,000 limit.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2015 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.
  • U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

For more information on USCIS and its programs, please visit http://www.uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

Last Reviewed/Updated: 04/07/2014

H-1B APPS FOR FY2015 UPDATE: SOME COURIER DELIVERY ISSUES REPORTED BY FEDEX

Update (6:45 PM): AILA Liaison has been informed that due to the reported courier delivery problems with FY2015 H-1B petitions, USCIS will accept a second H-1B petition in certain limited circumstances. Specifically, for cap-subject petitions that were timely filed, if, upon inquiry, the carrier indicates that there may be a delivery delay or the package has been damaged, the petitioner may file a second H-1B petition with:

  • A new fee;
  • An explanation as to why the second petition is being filed, with supporting evidence (such as the notice from the carrier); and
  • A request to withdraw the first H-1B cap petition.

USCIS will return the withdrawn petitions with the fee, even if they have already been receipted.

Petitions that do not include the above-referenced items will be treated as duplicate petitions and will be denied or revoked, and USCIS will not refund the filing fees. Please also note that if the FY2015 cap is met within the first five business days of April, USCIS will reject all petitions received after April 7, 2014, including duplicate H-1B petitions filed in accordance with these instructions.

 


 

Update (5:03 PM): A member has been informed by FedEx that approximately 200 packages have been delivered to the Vermont Service Center but were not scanned as delivered. Members can call FedEx directly (1-800-463-3339), provide the tracking number, and the representative should be able to confirm delivery telephonically.

 


 

AILA has received several reports from members who, upon inquiring about the status of their FedEx delivery, have been informed of delivery problems. AILA has reported the specific problems to USCIS headquarters. USCIS officials are investigating the situation and will report back to AILA as soon as possible. In the meantime, if you have been unable to confirm that your package has been delivered to the CSC or VSC, you might consider preparing a duplicate petition as a precaution. However, do not file a duplicate petition until you have confirmed that the original petition has been destroyed, misdirected, or lost. Under 8 CFR 214.2(h)(2)(i)(G), USCIS will deny or revoke duplicate filings by the same employer for the same beneficiary, and fees will not be refunded.

AILA will continue to provide updates as it learns more information from USCIS.

H-1B Opponents continue onslaught against Immigration of the Educated

This week, Bill Snyder, a blogger for the anti-H-1B propaganda site Infoworld posted an article attacking Immigration of the Educated.  What is especially interesting about Mr. Snyder’s position is the fact that it signals the resumption of the 2008 attack on the Optional Practical Training program (OPT).  OPT being a temporary work authorized status granted to eligible F-1 students who may thus gain professional work experience post graduation, and perhaps a portion back of 20+ billion dollars in tuition they pay into our coffers each year.

Unjustified ire towards OPT is peaking only because the program may be utilized by eligible F-1 Science/Technology/Engineering/Math (STEM) graduates.  Apparently, for Mr. Snyder, it is only then that the program transforms into what he terms “a sleazy end run around the law”.  Mr. Snyder claims that these new STEM graduates, supported by their “tech company” employers, enter the U.S. workforce en masse to undercut IT wages.  Said wages, which he admits in the first sentence, are already “climbing to more than $87,000 a year”.

The fact that Mr. Snyder’s argument against OPT flies in the face of the concept of American Exceptionalism and two basic economic principles, or that it is entirely bereft of any unbiased and relevant data is moot.  The most significant takeaway from his article is that STEM OPT is nothing more than a scapegoat: this attack is actually and truly directed against the H-1B program itself.  Mr. Snyder and other IT protectionists seek justification to undermine the OPT program not because of any alleged misuse, but because OPT allows a post graduate STEM worker precious time to find a good employer who may agree to pay government fees of up to $5,550.00 (plus attorney fees) to file an H-1B petition on their behalf.  (There are no guarantees of approval, nor is the worker forced to even ultimately take up employment with the H-1B petitioner.  As well, in the future, the H-1B worker, for any reason, may transfer to a new H-1B employer in as little as one week.)

Our immigration policy is increasingly hobbled by protectionists who, for short term gain (or perhaps unknowingly), damage our nation’s international lead in the STEM fields.  Our insufficient H-1B cap that does the same: tens of thousands of highly qualified, valuable STEM professionals were rejected in last year’s random selection process (H-1B lottery), and sadly the scene is set be repeated again this year in April.

Our repeated rejection of STEM professionals is untenable and is certain to diminish our ability to attract the worlds best and brightest, unless we make drastic changes.  Already, other nations are eagerly recruiting STEM workers (sometimes from within our own borders).  The bottom line: the yearly H-1B cap must be increased to an amount commensurate to demand, or at the very least, to a level that isn’t exhausted in one week.

Read Bill Snyder’s Article

Data Reveals USCIS Increasing Number of Requests for Evidence on L-1B Cases, California Service Center Continues to Lead Vermont Service Center in RFEs and Case Denials

FOIA_L-1B_RESULTS

Responding to a Freedom of Information request submitted by The American Immigration Lawyers Association Liaison, USCIS revealed interesting data on L-1B nonimmigrant petitions receipted, approved, denied, and those subjected to a Request for Evidence (“RFE”) for FY2012 and FY2013.  The data, when compared with USCIS statistics and a National Foundation for American Policy report, both released in 2012, reveals that the L-1B denial rate increased from 27% in FY2011 to 30% in FY2012 and 34% in FY2013.

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