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The Backlog: DOS Explains How it Allocates Employment-based Permanent Residence Visas |
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Written by Jordana Hart
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Friday, 25 September 2009 |
As you wait in the "visa line" for your employment-based third-preference (EB-3) priority date to become current so USCIS can process your permanent residence application, do you ever wonder how the Department of State (DOS) allocates visas and why the processing or "cut-off" dates sometimes jump backward or forward in a given month?
In connection with the notification that all employment-based visas had been allocated for FY2009, Charles Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provided the following background explaining how the DOS allocates visas through its Immigrant Visa Allocation Management System (IVAMS):
USCIS submits requests for visa authorizations if all required case processing has been completed (e.g., interview [if required], all clearances received, etc.). Once the authorization has been granted, the case would be adjusted immediately, and could be forwarded to the “green card” processing facility. If the case is not within the established cut-off date, the request goes into our “pending” demand file, which also contains the demand received from our overseas posts. That demand is then used as the basis for the establishment of future cut-off dates.
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Last Updated ( Friday, 25 September 2009 )
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Latest H-1B Cap Count: Visas Still Available |
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Written by Jordana Hart
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Thursday, 24 September 2009 |
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As of September 18, 2009, USCIS reports today that it has received approximately 46,000 H-1B cap-subject petitions and counted them towards the H-1B cap of 58,200. (Another 6,800 H-1B vias are reserved by treaties for citizens of Singapore and Chile.) Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS states that it will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.
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Last Updated ( Thursday, 24 September 2009 )
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USCIS Steps Up Unannounced H-1B Workplace Visits |
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Written by Jordana Hart
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Friday, 18 September 2009 |
In the past few months, USCIS has increasingly taken to sending its agents, often unannounced, to visit new and longstanding H-1B work sites around the country. USCIS agents have also been calling employers, sometimes more than once, to verify the H-1B employment status of their workers.
The USCIS, in its effort to clamp down on H-1B fraud, is showing up at work sites and asking to interview the H-1B worker as well as the employer representative. Questions include the amount of the H-1B worker's pay, the worker's job title and duties, and whether the worker is employed full time or part time. They may also ask to review the Public Access File that employers should have for each H-B worker.
Given the stepped up enforcement, it is imperative for employers to be fully apprised of the terms of the H-1B employment as listed on the worker's I-129 petition, a copy of which each employer should have, and ensure the H-1B worker and the employment matches the terms.
Penalties for a finding of fraud in H-1B employment include steep fines against the employer and the inability of an employer to sponsor an H-1B worker for up to 3 years.
Employers and H-1B employees should contact their immigration attorneys to help prepare for a USCIS visit or to discuss the consequences after a visit has occured. |
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Last Updated ( Friday, 18 September 2009 )
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Copyright 2006 - David J. Hart, PA The information contained herein is provided for informational purposes, it does not constitute legal advice nor is it to be construed as establishing an attorney-client relationship. Consult directly with an attorney before making any decision as to how to proceed with your case. For individualized and specific assistance, you may schedule a personal, telephonic or web consultation with one or our attorneys. Please call us at 305.577.9977 or send an e-mail to: dhart@immigrateusa.com
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