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Hardship Created by Visa Deadline Revision

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16 House Democrats expressed their disappointment in a letter to Department of Homeland Security’s Jeh Johnson and Secretary of State John Kerry, and urged U.S. Department of Homeland Security (DHS) and U.S. Department of State (DOS) to make up for the hardship created by the visa deadline revision for highly skilled workers in the employment-based immigrant categories.

On September 9th, the monthly visa bulletin made a significant change in the process of filing for immigrant visa applications. Before, the visa cutoff dates were based on a single chart system, which governed both the visa issued date and the application filing date. With the new change, the visa bulletin system now runs on two charts system; “Application Final Action Dates,” which shows cutoff dates that govern when visa can be issued and the new chart, “Dates for Filing,” showing cutoff dates for when application can be filed.  

The new chart is significant because the cutoff dates are later than the dates in the original charts. This means that immigrants with later priority dates can submit their application much earlier.  

However, after releasing the October visa bulletin with the newly implemented system, State Department revised the October Bulletin cutoff dates for “Dates for Filing” chart. The revision setback the cutoff dates for EB-2 Visa applicants from India by two years and EB-2 Visa applicants from China by 16 months.  

The sudden revision for “Dates for Filing” chart caused “hardships” to numerous applicants who thought they qualified according to the previous indicated date. These applicants already paid for medical examinations and attorney’s fees.

The 16 House Democrats urged the State Department to make up for the “hardships” caused by the recent revision.

Reps. Zoe Lofgren and Mike Honda, D-Calif., who said to represent the districts Silicon Valley district, led the letter writing to DHS. The letter mentions that the “current visa backlog and restrictions already create incentives for skilled foreign workers to leave the (U.S.) and take their skills to other countries that offer more competitive immigration programs.”

The letter to the DHS mentioned that the EB-2 visa applicants from countries like India and China should implement methods to give permission to legally work under certain qualifying condition. In addition, a revision of “an extraordinary circumstance” beyond the control of applicants filing late request to extend their nonimmigrant statuses was requested as well.

The 16 House Democrats are pushing the concept of “moving forward with real, lasting comprehensive immigration reform” and not continuing to “roll back the clock on our immigration policies.”

 

 

 

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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.