Shocking announcement of USCIS, huge blow for immigrant Hi-tech workers!

This is to bring some attention to an unprecedented move by Department of State with regards to filing of adjustment of status applications.

On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the "Other Workers" category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

Pursuant to Department Of State regulations 8 CFR 245.1(g), "[i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.". Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, "(3) an immigrant visa is immediately available to him at the time his application is filed." The question is what the term "immediately available" means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

8 CFR 245.1(g) states, "An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office." (Emphasis added.)

Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of "immediately available" to be consistent with that of the Department of State.

The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

We request your prompt attention on this matter bringing up the awareness.

Thanks for your attention!

Hurting legal immigrants for illegal immigrants?!!!

The proposed S 1348 bill for comprehensive Immigration Reform of 2007 in its current form takes away annual Greencards from an already low number of Greencards available to legal, skilled employment based immigrants and awards them to unskilled future guest workers and to the new untested merits based points system.

The proposed bill rewards future guest workers and undocumented immigrants at the expense of legal and highly skilled immigrants.

What kind of plan is that? This is just outrageous and sends wrong signal. This basically tell the world that USA would support you if you cross the border illegal but penalize you if you take the legal route!

More info at Immigration voice

Myths about H1B workers...

There has been a lot of opposition from media lately for all the H1B workers in this country. A lot of what they are reporting is simply not true. All those who are reporting wrong info about H1B workers should get back to reporting the real problem - Illegal immigration. Legal immigration is not an issue for this country, it actually helps this country.

Legal immigration is an essential thing for US economy. It might look like citizens are losing jobs for these H1B workers but in reality it's far from truth.

Here is some of the myths about H1B workers.

1. H1B workers get paid less than citizens.
# Wrong. Before an employer can hire an H1B employee, that company have to get approval from labor department. If the wages are less than prevailing wages for the location of the employment, employer cannot hire the H1B.

2. It's cheap to hire an H1B worker.
# Wrong. It actually costs more to hire an H1B. There are other costs like immigration fee, lawyer fee for H1B application, so on. So it actually costs more to hire an H1B employee.

3. H1B worker pays less taxes.
# Wrong. H1B worker pays same taxes as a citizen employee. Also, H1B worker is not entitled for social security benefits but pays the social security tax.

4. Employers favors H1B workers.
# So untrue. They benefit less by favoring H1B employee if that person is not skilled or not better than citizen employee. So likely case would be that citizen employee is less skilled. Other possible reason is that citizen employees tend to change employment too often. If employer thinks that he cannot keep this employee then what's wrong about not favoring that employee?

H1B workers have a lot more hurdles than a citizen employees. They don't get any special treatment or extra favors.
It's in every employers best interest to hire a citizen employee because it is better that way and less work with them.
I have been in hi-tech industry for long enough to know and see this. There is always a shortage for qualified workers in hi-tech industry. Citizen hi-tech workers who are qualified and looking for work always have multiple offers in hand. But don't expect that you get the jobs just because you are citizen even though you don't have skill, experience or willingness to work.
The only people who are not getting jobs is those who don't have skills and greedy.

Btw, Hi-Tech workers are leaving US and taking the expertize with them.

If you think that all the citizens(even those unskilled) would get jobs easily if H1B workers leave. Think again, it gets worst. Reason - these workers are taking the expertize with them. When there is not enough skill here, then companies send their work to countries like India and China. Don't expect employers to hire you even though you don't have skill.

At present, Silicon Valley has severe shortage for hi-tech workers. Even with 60 thousand H1B workers allowed every year(only portion of those 60k make it into country) there is still a sever shortage. That's why 60 thousand quota was filled on day 1 this year!
On top of it, it is estimated that over 40 thousand hi-tech workers left the valley in last few year. You can find our more about it here...
San Jose Mercury news: http://www.siliconvalley.com/opinion/ci_5886667?nclick_check=1

India Times: http://infotech.indiatimes.com/articleshow/2044693.cms

VCs are following these workers to their own county...why? because these hi-tech workers are starting companies in india, otherwise they would started here in the silicon valley!
If you oppose the skilled workers then you are opposing the future of this country.

If you really want to stop them then create them here...get your education system fixed. Until then you have to welcome the hi-tech workers if you want your economy growing.

H1B workers are your friend, not enemies. Those illegal immigrants crossing the border illegally are your real enemies and your serious problem.

So funny!

It is so funny that a group of illegals can boycott and march in the streets and government can do nothing about it! Why can't they just arrest all of them?
It can only happen in this country.

People like us stand in line to become legal immigrants for ages while the illegals get benifits, i feel so stupid. I should just gather bunch of people and march in the streets or boycott my work instead of just waiting in line to become legal immigrant. That way i may get my green card faster! Unbelievable. You know what happens if we do samething like illegals? We get booted the next day, isn't that great?

Somebody please save this country. So many things going wrong in this country, watch out US of A. You could crash big time.

Seeking a little more flexibility

My previous blog points out about more general issues of legal immigrants here in this country.

Now I get to a more specific issue that we are all facing right now.

Most of us are here on H1B and applied for permanent residence, but due to recent retrogression(i.e., don't have enough greencards for all of us) we are all stuck in the line and have no idea when those green cards become available for us.

Until then we just have to stay here through other means, and if we fail to do that then all of our wait and effort is a waste and we have to leave the country.

What we all asking for is a little flexibility from the government so we can be a little more comfortable until those green cards become available.

More specifically, allow us to apply for I-485(Adjustment status) even though there are not enough visas(green cards) and that gives us EAD(employment authorization) to us and our spouses. 485 application doesn't have to be approved right away and can wait until those visa dates become current. This would give us a lot of comfort by allowing us to switch jobs, allow our spouses to work etc.

We at least deserve this for patiently waiting in line to become immigrants LEGALLY.

I hope I get some support.

Related info at following website as well:
http://immigrationvoice.org/

No voice for legal immigrants!

While millions march around city streets protesting the new immigration proposals, people like me sit at our cubes and stare at those news articles on the sites like CNN.

Like me, many came to this country legally to work in high-tech industry. We have been paying taxes all these years and contributing directly to the american economy.

We all want to become permanent residents through legal means here in this country. So we applied for it many years ago and we are still waiting for our green cards and we don't even know if we get it in next couple of years due to severe retrogression in immigrant visas. Why do we have to wait for so many years when we are valuable resources here in this country.

I know a lot of people say that we are stealing jobs from american citizens, i disagree with all of those. If all of us have to leave this country and leave those jobs to americans then there won't be enough people to fill those jobs and ultimately all those jobs will move to india or china. I don't think that's better scinerio. Look at the cities with large immigrant population versus the cities that do not have large immigrant popluation, you will see that those that have immigrants are prospering better than those that do not. That should give you an idea.

I don't think this country should turn down the legal immigrants who are filling these high tech jobs. They are valuable and they will be valuable in the future. Look at the founders of great companies like ebay, yahoo, sun, etc... all of them are immigrants.

Now, to the main point...
While all illegal immigrants voice their concerns one way or other, we legal immigrants have no voice. Although there are a few web sites(like www.immigrationvoice.org) trying to voice, there is no real coverage from media on the problems of legal immigrants and people who want to become immigrants legally.

I really think there should be some mainstream coverage for all those 'want-to-be-immigrants' people who are facing severe problems with immigration system in this country.

I hope i get some support from people like you. Please leave a comment if you support.

Thanks