US Immigration Law Blog - by Ashwin Sharma, Esq.: Recent Comments

Comment on USCIS REACHES FY 2008 H-1B CAP (Regular H-1B Cases)

SabaA — Wed, 07 May 2008 11:17:25 GMT

Hi Everybody,

So far I have not heard any confirmation of my case are there still some chances of getting the case selected. What is the cut off date to receive the results of lottery conducted?

Comment on DHS Publishes Interim Final Rule Extending OPT Period

dan — Wed, 30 Apr 2008 23:09:15 GMT

It is a good offer to the student aspiring to get an education in a highly civilized state. Although the privileges offered are limited its just enough for students who request for an OPT to stay in the state while their OPT recognition is not yet concluded.

Dan

Comment on IT majors got fewer H-1B visas approvals in '07

Manav — Wed, 30 Apr 2008 23:09:44 GMT

IT people should be given enough approvals for H-1B visas . They are the ones who are most in demand worker today. Whatever the reasons for disapproval, it should be reviewed carefully.

Comment on Little India Interview with Peter Kaestner, Minister Counselor for Consular Affairs at the U.S. Embassy in New Delhi

Jane — Wed, 30 Apr 2008 23:12:53 GMT

Relationship of two countries are important. The connection must be there by the strong and growing bond of business and people-to-people contact. But the process of being into one's country(getting visa application)must not be risked. The application must be properly reviewed even if it will take a long time. People should understand this.

Comment on USCIS REACHES H-1B EXEMPTION CAP FOR FISCAL YEAR 2008 & AILA UPDATE

Terda — Wed, 30 Apr 2008 23:11:28 GMT

I received the following email from my company saying,

"You will be pleased to know that your H1B application has been receipted-in for adjudication by USCIS. I expect to receive the actual receipt notice over the next 10 business days."

What does this adjudication really mean? Does this mean that I have got selected in the lottery and USCIS has approved my visa?

----
- This means that your case has been accepted for processing; that you made it through the lottery. The adjudication part (decision on the case) will now begin.
- Ashwin

Comment on DHS Publishes Interim Final Rule Extending OPT Period

Rufat — Fri, 11 Apr 2008 13:13:09 GMT

Finallly some good news, but I guess not so good for me as I am wondering whether finance degree is in this category or not?

Comment on DHS Publishes Interim Final Rule Extending OPT Period

Hasan — Tue, 15 Apr 2008 13:33:23 GMT

Quick question, my OPT expired at the start of January this year. Would there be any way that I would fall in this cap or not?

- Need quite a bit more information than that. Call my office for an appointment. We charge $100 / half hour for initial consultations.
- Ashwin

Comment on USCIS Announces Interim Rule on H-1B Visas - Rule Modifies Selection Process and Prohibits Multiple Filings

RGHK — Sun, 30 Mar 2008 10:22:00 GMT

very interesting article. thanks

Comment on Little India Interview with Peter Kaestner, Minister Counselor for Consular Affairs at the U.S. Embassy in New Delhi

Bryan Griffith — Tue, 08 Apr 2008 14:45:39 GMT

[FYI – Bryan Griffith

Contact: David Seminara

No Coyote Needed
New Paper Examines Visa Overstays

WASHINGTON (March 2008) – While presidential candidates promise to secure the border, the other major source of illegal immigration is largely ignored – lax visa policies. Visa overstays account for between one-quarter to one-half of the illegal-alien population, and fencing, unmanned aerial vehicles, National Guard patrols, etc., are irrelevant to controlling this part of the immigration problem.

To shine some light on this neglected weakness, the Center for Immigration Studies has published a new paper, “No Coyote Needed: U.S. Visas Still an Easy Ticket in Developing Countries,” written by former State Department official David Seminara, examining the systemic problems in our “nonimmigrant” (i.e., temporary) visa system. The complete paper is online at www.cis.org/articles/2008/back208.html">http://www.cis.org/articles/2008/back208.html.

U.S. law places the burden of proof on the visa applicant to demonstrate that he won’t remain in the United States as an illegal alien after his permission to remain has expired. Despite the law’s tough language, 74 percent of nonimmigrant applications are granted, mostly from countries with much lower standards of living than the United States, where few residents should truly be able to qualify.

The new paper identifies some of the reasons for this laxity, including:

• The crushing volume of applications. Most visa-processing posts are woefully understaffed, resulting in very brief interviews. Managers value speed over clarity of decision making, so many applications that deserve closer scrutiny instead end up being approved.

• Foreign Service officers tend to have a diplomatic rather than a law enforcement mindset.

• Developing countries place great importance on visas in bilateral discussions.

• State Department managers are required to review only visa refusals – not issuances – forcing consular officers to routinely justify denials.

• DHS has not implemented meaningful exit controls or shared entry/exit data with consular officials overseas, leaving them without adequate information on visa renewal applicants.

• Officers evaluate how well-off visa candidates are by the standards of their home country, rather than by U.S. standards, and thus often fail to understand how a nurse from Ecuador, say, would prefer to wash dishes at a restaurant in New York.

• Refused applicants, their relatives, and members of Congress routinely pressure consular officials to overturn visa refusals.

• The simple reality that it is far easier to say “yes” to applicants than to dash their hopes by telling them that they don’t qualify to come to America.

# # #

The Center for Immigration Studies is an independent research institute which examines the impact of immigration on the United States.

1522 K Street NW, Suite 820, Washington, DC 20005-1202
(202) 466-8185 • fax (202) 466-8076 • center@cis.org • www.cis.org

Comment on U.S. Department of State - Priority Dates for Diversity Immigrant (DV) Category

janak — Wed, 19 Mar 2008 02:56:36 GMT

I have question:
my mother born in berma ,she is b.phram can she got applied for dvloteery...other thing she have no birth certificate of berma if i want that how can we got?means after seven std she came to gujarat india..studied at india..in school leaving it shows that she born in berma