U.S. Mission in India Expands Interview Waiver Program
USA B1/B2 Visa (Photo credit: Wikipedia)
New Delhi | November 19, 2012
In March of 2012, the United States Mission to India unveiled the Interview Waiver Program (IWP) which allows qualified individuals to apply for additional classes of visas without being interviewed in person by a U.S. consular officer. Following the success of the IWP, as part of continuing efforts to streamline the visa process, and to meet increased visa demand in India, the U.S. Mission is pleased to announce an expansion of the IWP. We expect this expansion to benefit thousands of visa applicants in India.
NFAP Report: DOL Threatens Personal and Commercial Privacy in Proposal Directed Against Skilled Foreign Nationals
The recently released National Foundation for American Policy (NFAP) report underscores the severe consequences that will result if the U.S. Department of Labor’s proposed changes to form ETA 9035 (LCA) are implemented.
Attorney Sharma’s PolicyMic Article: Infosys Visa Fraud: Judge Dismisses Whistleblower Suit
By Ashwin Sharma
Earlier this week, Judge Thompson of federal court for the Middle District of Alabama rejected all claims brought by Jack Palmer against his employer, Infosys. Palmer claimed to have been harassed and retaliated against after making allegations that Infosys’ massive B-1 visa program was used fraudulently in place of more appropriate visas.
By way of background, when these allegations first arose in early 2011, I wrote about the strong likelihood that Infosys may have been engaging in a perfectly legal action under existing U.S. immigration law on B-1 visas. Subsequently, Senator Chuck Grassley (R-IA), apparently motivated by Palmer’s Testimony, addressed a strongly worded but poorly researched memo to Secretary Hillary Clinton in which he demanded a complete review of the B-1 visa. His request was inexplicably granted, and the resultant changes substantially injured the economic interests of U.S. organizations engaged in international trade, countermanded congressional intent on the subject, and escalated denials for B-1 applicants at U.S. Consulates, especially those in the ‘B-1 in lieu of H-1B’ category.
Returning to the court’s decision: It was interesting to note that despite all the recent attention on various states’ interpretation of federal immigration law, Judge Thompson avoided the topic entirely: “Palmer’s brief spends an inordinate amount of time addressing whether Infosys engaged in visa fraud. To be clear, this litigation does not concern whether Infosys violated American immigration law. Rather, Palmer’s suit rises and falls on a simple inquiry: whether he has created a genuine dispute of material fact on his state-law claims.”
H-1B Temporary Visa Program – Selected Statistics, FY 2012 YTD (Through June 2012)
VIA THE OFFICE OF FOREIGN LABOR CERTIFICATION
H-1B Temporary Visa Program – Selected Statistics, FY 2012 YTD (.PDF, through June 2012)
Attorney Ashwin Sharma interviewed on H-1B visas by Matt O’Brien of the San Jose Mercury News
“H-1Bs are a good indicator of how the economy is doing,” said Florida immigration lawyer Ashwin Sharma. “You only hire an IT consultant when there’s work available, and it’s work that has to be estimated six months in advance. If companies are taking that risk, there’s a belief that the economy is back and there’s money to be made.”
H-1B CAP MET JUNE 11 2012
FY 2013 H-1B Cap
On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013. On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.
VISA INTERVIEW WAIVER PROGRAM AT US CONSULAR GENERAL, HYDERABAD
INTERVIEW WAIVER PROGRAM
- This pilot program permits consular officers to waive interviews for qualified nonimmigrant applicants worldwide who are renewing their visa within 48 months of the expiration of their previously held visa, and within the same classification as the previous visa.
- Embassies and consulates have been instructed to begin implementing this pilot program immediately.
- This pilot does not entitle any applicant to a waiver of personal appearance. Consular officers will retain the authority to interview any applicant who they determine requires a personal appearance.
In order to qualify, All of the following must be true:
FY 2013 H-1B Cap Count – As of July 1, 2012
FY 2013 H-1B Cap Count
| Cap Type | Cap Amount | Cap Eligible Petitions | Date of Last Count |
| H-1B Regular Cap | 65,000 | 55,600 | 06/01/2012 |
| H-1B Master’s Degree Exemption | 20,000 | 18,700 | 06/01/2012 |
H-1B Fiscal Year 2013 Cap Count – As of 05/25/2012
| Cap Type | Cap Amount | Cap Eligible Petitions | Date of Last Count |
| H-1B Regular Cap | 65,000 | 48,400 | 05/25/2012 |
| H-1B Master’s Degree Exemption | 20,000 | 17,500 | 05/25/2012 |
Tech firms triple their recruitment rate for H-1B workers, H-1B visa opponents find their voices again
An accurate and balanced article by Matt O’Brien of the San Jose Mercury News indicates that IT firms’ hiring of H-1B workers has tripled this year, a fact that doesn’t yet indicate a thing to Kim Berry, H-1B opponent and president of the Programmers Guild. Mr. Berry instead quickly moves to politicize the discussion by characterizing H-1B workers as “cheaper not better,” and by referring to H-1B employers as “penny pinchers.”
Mr. Berry is either uninformed or conveniently ignoring the fact that H-1B employers can pay an initial government fee of up to $5,550.00 to file one H-1B petition on behalf of a foreign professional. This amount does not include attorney fees or any guarantees. Mr. Berry’s statements also do not take into consideration the many intellectual and business contributions that H-1B and ex-H-1B workers have made to better his home State of California.
Mr. O’Brien’s article includes a succinct description of President Obama and Mitt Romney’s views on the H-1B program. “Romney’s economic plan proposes raising the visa caps for highly skilled foreign workers,” while President Obama “has not articulated any major changes to the H-1B program.” The latter statement could also have read: ‘…no more major changes have been articulated beyond the near doubling of H-1B filing fees for certain firms, as implemented by this Administration’s Public Law 111-230, and the unchecked increase in unjustified denials, audits and requests for evidence issued of late by the USCIS and US Consulates.’
– Ashwin Sharma, Esq.
H-1B Fiscal Year (FY) 2013 Cap Count – As of May 18, 2012
FY 2013 H-1B Cap Count
|
Cap Type |
Cap Amount |
Cap Eligible Petitions |
Date of Last Count |
|
H-1B Regular Cap |
65,000 |
42,000 |
05/18/2012 |
|
H-1B Master’s Degree Exemption |
20,000 |
16,000 |
05/18/2012 |
The U.S. Immigration Law Blog by Ashwin Sharma 
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