As we approach the last three months of the government’s fiscal year, the Department of State’s July Visa Bulletin bears out our prediction last month of significant movement in the EB-2 preference category by “making available” unused EB-1 numbers. 

EB1  - all still current

EB2

All others - still current
China – was at October 15, 2006, advancing almost 5 months to March 8, 2007
India – was at October 15, 20, advancing almost 5 months to March 8, 2007
Mexico - still current
Philippines - still current

EB3
                              
All others – was at September 15, 2005, advancing 3 weeks to October 8, 2005
China – was at May 15, 2004, advancing 1 ½ months to July 1, 2004
India – was at April 22, 2002, advancing 1 week to May 1, 2002
Mexico – December 22, 2004, advancing over 6 months to July 1, 2005
Philippines – September 15, 2005, advancing 3 weeks to October 8, 2005

The government recently announced that it has launched a new website called I-9 Central to assist employers in completing I-9s for new hires. The handy site includes step-by-step instructions for completing the forms, samples of the documents that employers may accept, a calculator to help employers determine how long they must retain each form, information on employee rights in connection with the I-9 process, and an overview of the penalties for noncompliance. Employers may find this a helpful complement to the government’s I-9 Employer Handbook.

The government also recently upped the ante in encouraging employers to use E-Verify by expanding the list of degrees in Science, Technology, Engineering or Mathematics (“STEM”) eligible for an additional 17 months of F-1 Optional Practical Training (“OPT”) work authorization beyond the typical 12 month period generally provided to all foreign graduates of U.S. institutions. The government’s action on STEM followed President Obama’s May 10 immigration address, in which he said the many talented students we train at our universities should apply in the United States the skills they have acquired here. The updated STEM Designated Degree Program List now includes Neuroscience, Mathematics, Computer Science, Business Statistics and more. The caveat, however, is that STEM degree holders must work for employers that use E-Verify in order to qualify for the additional 17 months of OPT work authorization.

Employers hiring recent foreign national graduates of U.S. institutions usually do not have to immediately sponsor them for H-1B or other work authorization.  Rather, employers may complete the required I-9 employment verification form based on the new graduate’s Employment Authorization Document (“EAD”), which she obtains directly from the USCIS based on OPT.  OPT provides F-1 students with up to 12 months of authorized employment status to work in a capacity directly related to their majors, either during their schooling (pre-completion) or within 14 months of graduation (post-completion). In 2008, in an effort to encourage employers to use E-Verify, the Department of Homeland Security provided for a 17-month extension of post-completion OPT for students with STEM degrees if they work for an employer that uses E-Verify. This *carrot* allows employers the option of waiting a total of 29 months before having to sponsor STEM employees for H-1B visas or other work authorization.  The E-Verify program is an Internet-based system established by the Department of Homeland Security (DHS), in partnership with the Social Security Administration (SSA), to verify employee eligibility to work in the United States. Employers with federal contracts or those that operate in certain states are mandated to use E-Verify.  Many employers are still hesitant to move forward with E-Verify, citing expensive implementation and other concerns about pervious kinks in the verification system.

The Department of State’s June Visa Bulletin bears out our prediction last month of significant movement in the EB-2 preference category by “making available” unused EB-1 numbers. 

EB1 - all still current

EB2
All others - still current
China – advances 2 ½ months to October 15, 2006
India – advances 3 ½ months to October 15, 2006
Mexico - still current
Philippines - still current

EB3
All others –advances 3 weeks to September 15, 2005
China –advances 1 month to May 15, 2004
India – advances 7 days to April 22, 2002
Mexico – advances 3 ½ months to December 22, 2004
Philippines – advances 3 weeks to September 15, 2005

The Department of State has just released the May Visa Bulletin. The State Department relates in the Bulletin that it expects nominal forward movement in the next few months for EB-2 Chinese and Indian foreign nationals given that the government is allocating unused EB-1 numbers.  For China, the State Department relates  to expect zero to three weeks forward movement through July and for India, one or more weeks, followed by additional movement if demand remains stable. The State Department will not estimate for August or September at this time. 

EB1 - all still current

EB2
All others - still current
China – advances 1week to August 1, 2006
India – advances 2 months to July 1, 2006
Mexico - still current
Philippines - still current

EB3                          
All others –advances 1 month August 22, 2005
China – advances 6 weeks to April 15, 2004
India – advances 1 week to April 15, 2002
Mexico – advances 3 months to May 8, 2004
Philippines – advances 1 month to August 22, 2005