The Department of State’s August Visa Bulletin shows that Mexico makes significant movement in the EB-3 preference category, but that EB-2 movement is slowing slightly for nationals of China and India, in spite of the government’s efforts to “make available” unused EB-1 numbers.

EB-1 — All still current

EB-2

All others — Still current
China — Advances over 1 month to April 15, 2007
India — Advances over 1 month to April 15, 2007
Mexico — Still current
Philippines — Still current

EB-3
                              
All others — Advances 3 weeks to November 1, 2005
China — Advances 7 days to July 8, 2004
India — Advances 1 month to June 1, 2002
Mexico — Advances 4 months to November 1, 2005
Philippines — Advances 3 weeks to November 1, 2005

In a report posted last week, “USCIS Fraud Detection & National Security Directorate Answers dated June 7, 2011,” the USCIS noted that in 2010, its Fraud Detection & National Security (FDNS) inspectors completed 14,433 site visits of H-1B employers.  Interestingly, these thousands of site visits in 2010 yielded final fraud determinations of only 2%. Nevertheless, the government remains committed to these visits, funded by hefty H-1B petition anti-fraud filing fees.  Generally, FDNS officers focus on confirming that the employer listed on the petition is the actual employer at the physical premises described under the underlying H-1B petition, and that the employee beneficiary is performing those duties listed at the site (s) described in the underlying H-1B visa petition.  It can prove helpful, and shorten the length of time of the FDNS inspection to a mere perfunctory visit,  for HR to be able to quickly summarize the number of active H-1B positions filled, and have general knowledge about the nature of the positions.  HR should not be alarmed if the officer believes there are many more H-1B workers on site, because the officer may not have updated information about how many H-1B cases have been withdrawn due to termination or the employee obtaining lawful permanent residence.     While there is no need to always call counsel during a visit, our Fall 2009 best practice tips for FDNS site visits are worth reviewing.