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One Year after President Obama’s Start-Up America Initiative |
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Written by WSM
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February 02, 2012 |
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The White House recently announced minor immigration administrative reforms on the one year anniversary of Start Up America. We aren’t impressed yet. Start Up America was supposed to encourage innovation. The government has acknowledged that highly skilled immigrants create jobs. WSM attorneys will be attending the government’s Entrepreneurs in Residence Summit in Silicon Valley in late February in connection with the USCIS’ Entrepreneurs in Residence Initiative. We hope to see some “there, there” -- we need a lot more than increased work authorization for F-1 STEM students and spouses of H-1B visa holders who are in the permanent residence process to achieve the innovation our economy depends on to thrive. |
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EB-2 Numbers Predicted to Advance Up to Six Months in March |
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Written by WSM
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January 23, 2012 |
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On January 19, 2012, AILA liaison representatives met with Charlie Oppenheim, Chief, Visa Control Reporting Division, U.S. Department of State’s Visa Office. Pinpointing several contributing factors in the slow demand for numbers so far for FY 2012, which started on October 1, the number crunching expert Mr. Oppenheim predicted further advancement in EB-2 numbers for March, and then a slowdown in advancement until this summer. While we are happy to once again receive good news on certain visa numbers, we continue to advocate for Congressional leadership in enabling U.S. employers to attract and retain the best and the brightest – the two to 8+ year current waiting time for certain foreign nationals is untenable.
WSM has identified individuals who may benefit from this likely movement in visa numbers. We are reaching out to our HR clients and their employees to prepare for next steps in the long journey to permanent residence.
Highlights of Mr. Oppenheim’s analysis and predictions:
• Expect advancement of a few months in EB-2 employment-based priority dates, perhaps up to six months but don’t expect leap-frog movements of one year that occurred the last two months.
• After March, expect little movement until the summer, when Mr. Oppenheim will be able to conduct further analysis.
• About 34% of the total number of permanent visas have been used this year, and 45% should be used by end of February.
• There was less demand than usual for dependent family members (note: visas issued to dependent family members are counted against the yearly cap).
• USCIS has agreed to the priority date jumps so far – if numbers get used up, it will have been a bad gamble.
• Will need to see what happens with visa usage in 2012 – unused visas in the EB-1 category means better luck for those faced with visa retrogression as those numbers roll down to EB-2.
• The Visa Office and USCIS are fully aware of many employers upgrading visa sponsorship to the EB-2 level, when those employees were previously sponsored under the EB-3 category – this in fact caused a slowdown in processing in 2011.
• Mr. Oppenheim has not been able to crunch numbers for the AOS cases now pending from those massive 2007 filings – these cases will have an impact, of course, on the final permanent numbers available for the rest of the year. |
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February Visa Numbers Again Improve Significantly for EB-2 Chinese and Indians |
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Written by WSM
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January 06, 2012 |
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The Department of State’s February Visa Bulletin has surpassed predictions of advancement for the EB-2 category. Chinese and Indian nationals will leap forward one year in February, on the heels of a nine-month gain in January. Unfortunately, the EB-3 category continues at a snail’s pace, with 1-2 weeks of advancement. EB-1 — All still current EB-2 All others — Still current
China — Advances 1 year to January 1, 2010
India — Advances 1 year to January 1, 2010
Mexico — Still current
Philippines — Still current EB-3
All others — Advances 3 weeks to February 22, 2006
China — Advances 1 ½ months to December 1, 2004
India — Advances 1 week to August 15, 2002
Mexico — Advances 3 weeks to February 22, 2006
Philippines — Advances 3 weeks to February 22, 2006 |
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Cautionary Tale for I-9 Compliance |
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Written by WSM
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January 05, 2012 |
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Employers doing their best to be prepared for I-9 audits must also be wary of asking for too much documentation or documentation that is not mandated. Such requests could be found to violate statutory anti-discrimination provisions. Yesterday, the U.S. Department of Justice announced a settlement in which an employer agreed to pay a $115,000 civil penalty to resolve a complaint filed in December 2011 that resulted in an investigation by the DOJ. A worker with permanent residence status had claimed that the teaching hospital was requesting more documentation from non U.S. Citizen workers than from U.S. Citizen workers. Employers will do well to have continuing training on I-9 requirements and applicable anti-discrimination provisions, and to carefully follow the instructions in the government’s I-9 Handbook for Employers. |
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January Visa Numbers Make Strides for EB-2 Chinese and Indian Nationals |
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Written by WSM
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December 09, 2011 |
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The Department of State’s January Visa Bulletin looks favorable with the employment based EB-2 category jettisoning forward 9.5 months for Chinese and Indian nationals, while EB-3 category continues to advance at a slow pace. EB1 - all still current
EB2
All others - still current
China –at March 15, 2008 moves 9 ½ months to January 1, 2009
India – at March 15, 2008 moves 9 ½ months to January 1, 2009
Mexico – still current
Philippines – still current
EB3
All others –advances 15 days to February 1, 2006
China –advances a little over 5 weeks to October 15, 2004
India –advances 1 week to August 8, 2002
Mexico –advances 15 days to February 1, 2006
Philippines –advances 15 days to February 1, 2006 |
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