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September Visa Bulletin and Fraud Unit Site Visits

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September Visa Bulletin and Fraud Unit Site Visits

August 14, 2009

• Visa Bulletin: The State Department's recently issued visa bulletin for September 2009 shows significant forward movement for the second month in a row in the Employment-Based second preference category for Chinese and Indian nationals. The EB-2 classification for these individuals advanced to January 8, 2005, a jump of one year and three months over last month's bulletin. The Employment-Based first preference category remains "Current" for all nationalities while, unfortunately, the Employment-Based third preference category continues to be "Unavailable." As October marks the beginning of the government's fiscal year, we may have additional changes to report next month.

• Fraud Unit Site Visits: The United States Citizenship & Immigration Services' Fraud Units have been well funded and are being kept busy in recent months. Reports of government inspections of H-1B employer worksites are on the rise. A typical site visit by a Fraud Unit representative is intended to confirm that the employer is an actual operating business entity and that the H-1B employee is a legitimate "employee" for the sponsored position. Employers who are represented by immigration counsel should contact their attorneys immediately upon notification of a site visit. Site visits may be random or triggered. Establish a site-visit protocol and stay alert!

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