Archive | January 2008

Some Observations from DOS on India EB-2 Unavailability

Via AILA



On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.


For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.


As is always the case, Charlie is looking for mechanisms to maximize number usage so that no visa numbers remain unallocated, and is looking for ways to make additional India and China-mainland born numbers available, such as by making sure that unused numbers that had been sent to consular posts are promptly returned.

Divine Intervention? Indians Seek Help From the ‘Visa God’

By VAUHINI VARA
The Wall Street Journal
December 31, 2007; Page A1


HYDERABAD, India — Lord Balaji is one of the most-worshiped local incarnations of the Hindu Lord Vishnu. His adherents flock to his many temples to pray for things like happiness, prosperity and fertility.


Lately, the deity has grown particularly popular at the once-quiet Chilkur Balaji temple here, where he goes by a new nickname: the Visa God. The temple draws 100,000 visitors a week, many of whom come to pray to Lord Balaji for visas to travel or move to the U.S. and other Western countries.

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Top IT firms used only 14% of H-1B petitions in 2006: US study

Via The Hindu




The 10 most cited outsourcing firms are Wipro, Infosys, TCS, Satyam Computer, Patni Computer, Cognizant Tech Solutions US, HCL America, Deloitte and Touche LLP, Accenture, and MphasiS.






Moumita Bakshi Chatterjee



New Delhi, Dec. 16 Countering claims by some critics that Indian IT industry was depriving US firms of H-1B visas, the National Foundation for American Policy (NFAP) has said that the top 10 outsourcing entities that are cited most by critics — including Indian vendors like Wipro, Infosys, and TCS — used up less than 14 per cent of new H-1B petitions approved in 2006.


In its latest study titled ‘The impact of high-skill immigration restrictions on America’, NFAP, a non-profit policy research group, said that “in 2007, critics started arguing that most H-1B visas were used by companies headquartered in India and that this deprived US companies of the visas. However, the top 10 outsourcing companies cited most by the critics, used less than 14 per cent of the new H-1B petitions approved in 2006 for initial employment.” The “vast majority of H-1B visas go to US high-tech companies, financial institutions, and US Universities.”


NFAP pointed out that employers had snapped up all the H-1B visas the first day the applications were submitted in FY 2008, meaning that about 15,000 petitions used by the 10 companies had no major impact on the overall availability of H-1Bs. The list of 10 most cited outsourcing firms are Wipro, Infosys, TCS, Satyam Computer Services, Patni Computer Systems, Cognizant Tech Solutions US, HCL America, Deloitte and Touche LLP, Accenture, and MphasiS, according to NFAP.


When contacted, the NFAP Executive Director, Mr Stuart Anderson, told Business Line from Arlington, Virginia, that against the total visa pool (65,000 cap for H-1B visa; 20,000 H-1B visas for foreign workers with Master’s or higher level degree from US institution; and visas available for those working with varsities or research institutions), the companies together used only 14 per cent of the total available numbers.


Mr Anderson said H-1B cap needed to be hiked to reflect the market demand for skilled professionals. “Any new restriction on high-skill immigration will hurt the US industry, as much as Indian firms. For US firms, it means that either they would not be able to grow for the lack of skilled professionals or they would have to pursue offshore alternatives,” he added.

IT worker who became an H-1B activist ends his fight

Via Computerworld

John Bauman, who led the grass-roots group TORAW, says it’s disbanding due to dwindling funds and membership.

H-1B visa: US Senator questions federal entities




Via The Hindu
Move comes within 7 months of missive sent to Indian cos







Details have been sought of the number of H-1B visa workers employed by the NIH between January 2002 and now (both full and part time workers), the job titles under which H-1B visa workers were employed, and a description of the efforts the NIH made to hire domestic workers before seeking an H-1B workers.






Our Bureau



New Delhi, Dec. 25 Months after asking nine Indian IT firms to explain the use of H-1B visas, Republican Senator Chuck Grassley has now turned up the H-1B-heat on two US Government-backed entities — National Institutes of Health and Fannie Mae — that are among the top 200 users of these high-skilled visas.


The Senator — who serves as a senior member of the Senate Judiciary Committee, which oversees US’ immigration and visa policies including the H-1B visa programme — has sought details of the number of H-1B visa workers employed by the NIH between January 2002 and now (both full and part-time workers), the job titles under which H-1B visa workers were employed, and a description of the efforts the NIH made to hire domestic workers before seeking an H-1B worker.


Citing US Citizenship and Immigration Services (CIS) data that showed the NIH to be among the top 100 H-1B employers in America, the Senator has also asked the two entities to give details of the expense incurred by them in the H-1B visa process, and the number of layoffs, by year since 2002.


“While the H-1B programme has served a valuable purpose in allowing companies to bring in temporary workers for high-skilled jobs, the US Congress has a responsibility to make sure that Americans are not overlooked in the process. I’m asking questions today to find out how many taxpayer dollars are being used to recruit foreign workers and how invested our Government-backed entities are in this visa programme,” Senator Grassley has said in the letter to the two entities.


The move comes within seven months of the Senator (along with Senator Richard Durbin) sending letters to nine Indian firms that were issued an estimated 20,000 of the 65,000 visas issued in 2006, asking for information on the utilisation of H-1B visas.

‘It turned out I was the bad guy’

Via The Chicago-Sun Times

Corina Turcinovic came to the U.S. 17 years ago to care for her disabled fiance. Now that he has died, she’s getting kicked out.

ICE Will No Longer Sedate Deportees

U.S. immigration agents must not sedate deportees without a judge’s permission, according to a policy change issued this week.