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I've Graduated! What Now?

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International Students who graduate from U.S. universities and are educated in the U.S. are facing a visa dilemma when it comes to options after graduating.  Most of the international graduates obtain an Optional Practical Training (OPT), which extends status of stay for 1 year (a 17 additional month is granted for those in the field of Science, Technology, Engineering, Mathematics) and allowing the international graduates to work in their specialized field.  However, even with the OPT extending their status, they are facing a dilemma of not being able to stay due to lack of H-1B visa “quota” each year.  Brookings Institution made an analysis in 2010 that only 30 percent of international students graduating from U.S. universities received H-1B visas. The rest of the graduates who didn’t qualify have very limited to no choice left but to go back to their home country as far as visa options for professional workers and/or entrepreneurs are concerned.  The biggest argument surrounding this topic is whether the graduates should get an alternative way to help them stay in the U.S. and help the economy grow. One of the main arguments against the idea is that foreign graduates are taking the jobs that should be given to U.S. citizens at a cheaper labor cost. On the other hand, people in favor of helping the graduates believe that, “immigration system forces many of them to leave, sacrificing the innovation and economic growth they would create here.” Stuck in between these arguments are the foreign graduates, living with the uncertainty as they gamble their career based on the H-1B lottery system.

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Ryan’s Questionable Immigration Stance

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Congressman Paul Ryan’s immigration track record may halt his path to Speaker of the House, based on his past as an outspoken advocate for immigration overhaul.  In his website, Ryan clearly advocates for immigration changes and how it will contribute to economic growth, while adding that amnesty shouldn’t be given to the illegal immigrants.  His voting record is ambivalent - in 2014 Ryan voted against funding executive branch immigration policy of prosecutorial discretion in deportation cases, but in 2010 he voted against providing legal status for some undocumented immigrant children.  Immigration hard-liners are hesitant with Ryan’s immigration stance because of his conflicted history on immigration policy.

 

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Visa Fees Expire for Certain H-1B and L-1 Employers

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H-1B petitioners/employers that employ >50 employees in the United States with more than 50% of their employees in the United States in H-1B, L-1A or L-1B nonimmigrant status, were required to pay an additional fee of $2000 per applicant.  This provision was initially due to sunset on October 1, 2014, but extended through September 30, 2015 by Pub. L. 111-347.  Now, with September 30,2015 passing, no mention of extension of this provision as of today.

Prepare Now for a Possible DOL Shutdown

AILA (American Immigration Lawyers Association) is reporting that there may be a Department of Labor Shutdown as of 10/1/2015 if the budget is not approved before then - which would have dire consequences to PERM, Prevailing Wage Determination, Labor Condition Application processing, etc.

AILA Doc No. 15092311 | Dated September 23, 2015

Though Congress is continuing to negotiate on the FY2016 budget, if no agreement is reached, no Continuing Resolution is passed, or no other stopgap method implemented, we will unfortunately be faced with a government shutdown on October 1, 2015, similar to that which occurred in October 2013 (AILA Doc. No. 11040730). While we are hopeful that this will not happen, and a legislative vehicle in the form of a Continuing Resolution to avoid a shutdown is in play, the DOL Liaison Committee nonetheless reminds AILA members of steps that can be taken now to prepare for that risk.

OFLC functions are not "excepted" from a shutdown and its employees would be placed in furlough status should a lapse in appropriated funds occur. Consequently, in the event of a government shutdown, OFLC will not accept applications or related materials (such as audit responses) as of October 1, nor will it process those already received, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification (H-2A/H-2B), or Applications for Permanent Employment Certification. Furthermore, DOL’s online systems (iCERT and PERM) will not be operational and will not accept PERM, LCA, or prevailing wage applications, and authorized users will not be able to access their online accounts.

Therefore, any critical PERM, H-2A, or H-2B applications that can be filed before October 1 should be filed. Any certified LCAs or prevailing wage determinations needed for filings after October 1 should be printed from iCERT so that they are available for use. If there is a shutdown, DOL would not have a functioning mailroom and would not be able to receive or process PERM audit responses or other applications received in the mail. While DOL made accommodations in 2013 to accept applications that were affected by the shutdown, there is no way to be certain it will do so again (AILA Doc. No. 13110143).

Visa Bulletin for October 2015

This bulletin summarizes the availability of immigrant numbers during October for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

New York Ferris Wheel Being Built with EB-5 Investor Funds

Betting on the New York Ferris Wheel to Elevate Staten Island’s Fortunes

...With so many moving parts, the wheel still presents many hurdles for developers. But Rich Marin, president and chief executive of the New York Wheel, said financing is not one of them.

His company is close to raising the full $500 million it will need to build the wheel along with a terminal building and parking garage, he said. Nearly one-third of that sum, $150 million, has been collected from 300 Chinese families that invested with the hope of receiving visas through a program run by the federal immigration service.

Department of State Alert: Technological System Issues with Overseas Passport and Visa Systems

On June 25, 2015, DOS updated their alert with the following language:

  • The Bureau of Consular Affairs reports that 165 posts, representing more than 85 percent of our nonimmigrant visa demand worldwide, are now online and issuing visas.
  • Posts overseas issued more than 82,000 visas on June 24.
  • Posts overseas have issued more than 238,000 non-immigrant visas this week. For context, if systems had been operating normally, posts would have issued approximately 540,000 visas since the outage started.
  • We will continue to bring additional posts online until connectivity with all posts is restored. All posts worldwide are now scheduling interviews with applicants, including with those who applied after the systems problems began on June 9.
  • We will continue to bring additional posts online until connectivity with all posts is restored. All posts worldwide are now scheduling interviews with applicants, including with those who applied after the systems problems began on June 9.
  • We deeply regret the inconvenience to travelers who are waiting for visas, as well as their families and U.S. businesses that have been affected.
  • We continue to post updates to our website, travel.state.gov.