indigokiwi
04-15 12:06 PM
Thanks coolngood4u80 and Shanmugnathan ....these are great ideas..can you also please post the Facebook link to 485 filing campaign on this thread??
Here is the Facebook link (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Or search for "Immigration Voice Grassroots Campaigns and the community
will show up on the search list).
Here is the Facebook link (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Or search for "Immigration Voice Grassroots Campaigns and the community
will show up on the search list).
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frostrated
04-09 04:49 PM
i would say efile. You will get the file number immediately as opposed to the mai taking a couple of days to travel and then getting processed into the system. Ultimately, there might be a difference of upto 7 days between case numbers. The earlier your case number, the more advanageous your position will be.
Just my 2 cents.
Just my 2 cents.
shivarajan
11-23 10:41 PM
ICICI is worst when it comes to exchange rates:
I have used many transfer services in past years so far and these are worth mentioning.
In Order of exchange rates:
-SBI Online (Now simple to register too and very nice one)
-Remit2India (has specials, but careful they don't fullfill it)
-HDFC (Internally uses same service of remit2India)
-CityBank
-ICICI
-Western Union
Remember all of them ask for SSN nowadays and having SSN on some unreliable site databases may be little risky.
:D
I have used many transfer services in past years so far and these are worth mentioning.
In Order of exchange rates:
-SBI Online (Now simple to register too and very nice one)
-Remit2India (has specials, but careful they don't fullfill it)
-HDFC (Internally uses same service of remit2India)
-CityBank
-ICICI
-Western Union
Remember all of them ask for SSN nowadays and having SSN on some unreliable site databases may be little risky.
:D
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gc_kaavaali
05-21 01:48 PM
hi,
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
more...
gk_2000
08-10 08:45 PM
You can read the details of the bill at
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
pansworld
07-07 04:26 PM
But at least they will be alerted to a problem. Maybe someone will take notice. Maybe they wont. If not we will figure something else out...my two cents
more...
vedicman
10-20 11:16 AM
what else can be expected of him??
guess he just spews his venom without listening or reading the responses he gets for his callouts...
guess he just spews his venom without listening or reading the responses he gets for his callouts...
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gemini23
07-27 10:23 AM
thanks for answering. I guess this is a stupid question, but i have one.
would the applicant need to have a job while applying for EAD renewal?
would the applicant need to have a job while applying for EAD renewal?
more...
jonty_11
07-26 02:08 PM
country and EB1/2/3 would help...??? Plz provide that
u cud be stuck in FBI namecheck
u cud be stuck in FBI namecheck
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swamy
12-13 02:58 PM
Relax guys dont gang up like that - maybe he believes in himself and will actually fight for his rights unlike many here on IV!
dyekek12 - as you can obviously see from above, there are a lot of frustrated souls out here. You are in the wrong forum to pose such q's - this place is filled with a lot of socially challenged tech grads who sit on their asses the whole day tracking bureacracies and complaining like village bellies & then do nothing about it. Your q is best answered by a college counselor or dept head. Pick a school with a good program and see what their grads are doing. Most grads will happily answer q's for you honestly. There are plenty of websites to do your research on - but approaching it as an eb3/eb2 gateway is bad. All of them are screwed up.
dyekek12 - as you can obviously see from above, there are a lot of frustrated souls out here. You are in the wrong forum to pose such q's - this place is filled with a lot of socially challenged tech grads who sit on their asses the whole day tracking bureacracies and complaining like village bellies & then do nothing about it. Your q is best answered by a college counselor or dept head. Pick a school with a good program and see what their grads are doing. Most grads will happily answer q's for you honestly. There are plenty of websites to do your research on - but approaching it as an eb3/eb2 gateway is bad. All of them are screwed up.
more...
nixstor
08-30 01:11 PM
My 25,000 AAdvantage miles to IV.
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gk_2000
01-27 02:43 PM
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
Never late or early in life. Learn as much as I can about the concepts I care about, and when I move on, use my learnings at later time, opportunity or place
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
Never late or early in life. Learn as much as I can about the concepts I care about, and when I move on, use my learnings at later time, opportunity or place
more...
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roseball
02-07 12:57 AM
Hello there
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
Looks like your only worry is to get admitted to another college so you can continue to work on CPT.....You show no concern what so ever regarding the credits you earned so far (if at all any), courses you are currently enrolled in and the fee you paid......It seems you are one of the students who knowingly enrolled at TVU so you can work from Day1......
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
Looks like your only worry is to get admitted to another college so you can continue to work on CPT.....You show no concern what so ever regarding the credits you earned so far (if at all any), courses you are currently enrolled in and the fee you paid......It seems you are one of the students who knowingly enrolled at TVU so you can work from Day1......
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eb3_nepa
10-03 01:44 PM
If you did not know about this, then whomever was advising you did you a disservice.
I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.
I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.
more...
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snhn
04-13 11:58 AM
Hello,
I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.
My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was
sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.
I cam to know about it because it says on my I129 application. It basically says that I am
not eligible to extend my stay in the US therefore have to travel outside the country. My
wife petition,, well all she received was a letter from INS stating that her H4 application
can not be renewed because of my petition. I also states on that the H1B petitionore has a
criminal recore which is inadmissible in US. the only criminal record I have is some
traffic violations and a DWI from 2000.
Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been
able to travel out 2 times. I have never tried to get the visa extension in Pakistan
before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension
approved last year. They never said anything abou that. I hav not been involved in
anything else either.
none of the conversation my lawyer has had with them, it does not specify what the criminal
record they are talkin g about. I have even talke to INS about it and they dont know either.
One other question. Can I still work even thought my visa is not extended per say. INS only
send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.
What are your thaughts.
Am I illegal right now.
Thanks!
N
I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.
My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was
sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.
I cam to know about it because it says on my I129 application. It basically says that I am
not eligible to extend my stay in the US therefore have to travel outside the country. My
wife petition,, well all she received was a letter from INS stating that her H4 application
can not be renewed because of my petition. I also states on that the H1B petitionore has a
criminal recore which is inadmissible in US. the only criminal record I have is some
traffic violations and a DWI from 2000.
Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been
able to travel out 2 times. I have never tried to get the visa extension in Pakistan
before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension
approved last year. They never said anything abou that. I hav not been involved in
anything else either.
none of the conversation my lawyer has had with them, it does not specify what the criminal
record they are talkin g about. I have even talke to INS about it and they dont know either.
One other question. Can I still work even thought my visa is not extended per say. INS only
send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.
What are your thaughts.
Am I illegal right now.
Thanks!
N
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pani_6
11-23 03:53 PM
I need to transfer money every month to my mother in india as a monthly automated transaction. ..she has a account in Canara bank ..what is the easiest rather cheapest rather free way to send from the US..
any help is appreciated..
thanks
:)
any help is appreciated..
thanks
:)
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eagerr2i
11-06 03:28 PM
Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
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chi_shark
08-20 03:07 PM
you are dreaming about points 1 and 2 as marked in your post below. democracy is about govt by the people for the people. got nada to do with taxation. Maybe you live near washington dc and are confused with what they write there on the asses of their cars. 2. people who earn a living from your tax dollars are answerable only to constituents... and you my friend are not a constituent until you become a citizen with voting rights.
have fun flaming me back. ;-)
I agree with rajuram. We are all tax payers. 1. The whole concept of democracy is taxation with representation. 2. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
have fun flaming me back. ;-)
I agree with rajuram. We are all tax payers. 1. The whole concept of democracy is taxation with representation. 2. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
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PBECVictim
03-13 10:35 AM
Champu,
Congratulations! Did you get second Fingerprint Notice? When did you for Finger print latest? Can you please let us know.
Thanks.
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
Congratulations! Did you get second Fingerprint Notice? When did you for Finger print latest? Can you please let us know.
Thanks.
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
neelu
02-09 11:27 PM
Hi
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
3. How long does it take to recieve the passport after stamping?
Any help would be greatly appreciated.
Thanks,
TEKNMEK
1. You should be able to get an emergency appointment. Check out the following links:
http://chennai.usconsulate.gov/appointments2.html
https://www.vfs-usa.co.in/Home.aspx
2. My mother recently flew via Frankfurt. She did not require a transit VISA.
3. If you get VISA stamped in India, it usually is given to you the same evening (at least in Chennai).
Hope this helps. Wish you good Luck!
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
3. How long does it take to recieve the passport after stamping?
Any help would be greatly appreciated.
Thanks,
TEKNMEK
1. You should be able to get an emergency appointment. Check out the following links:
http://chennai.usconsulate.gov/appointments2.html
https://www.vfs-usa.co.in/Home.aspx
2. My mother recently flew via Frankfurt. She did not require a transit VISA.
3. If you get VISA stamped in India, it usually is given to you the same evening (at least in Chennai).
Hope this helps. Wish you good Luck!
anu_t
06-16 01:11 AM
http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5428
GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES
WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.
The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.
Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.
"From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."
"We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."
At this time, Grassley and Durbin will not be releasing the information received from the companies.
Here is a copy of the letter to Gonzalez.
June 13, 2007
The Honorable Emilio T. Gonzalez
Director
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue, NW
Washington, DC 20529
Dear Director Gonzalez:
Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.
Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.
The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.
We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.
In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.
Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.
Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.
H-1B Dependent Employers
$ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).
$ How many companies are defined by USCIS to be AH-1B dependent@ employers?
$ How are these H-1B dependent employers being monitored, if at all, by USCIS?
Blanket L Visa Petitions
$ How many L visas have been approved each year since 2000?
$ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.
$ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?
$ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?
$ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.
Investigations of Fraud and Abuse
$ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?
$ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?
$ How does USCIS plan to spend the remaining funds left in FY2007?
$ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.
$ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.
While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.
Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.
Sincerely,
Charles E. Grassley Richard J. Durbin
United States Senator United States Senator
GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES
WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.
The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.
Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.
"From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."
"We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."
At this time, Grassley and Durbin will not be releasing the information received from the companies.
Here is a copy of the letter to Gonzalez.
June 13, 2007
The Honorable Emilio T. Gonzalez
Director
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue, NW
Washington, DC 20529
Dear Director Gonzalez:
Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.
Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.
The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.
We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.
In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.
Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.
Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.
H-1B Dependent Employers
$ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).
$ How many companies are defined by USCIS to be AH-1B dependent@ employers?
$ How are these H-1B dependent employers being monitored, if at all, by USCIS?
Blanket L Visa Petitions
$ How many L visas have been approved each year since 2000?
$ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.
$ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?
$ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?
$ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.
Investigations of Fraud and Abuse
$ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?
$ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?
$ How does USCIS plan to spend the remaining funds left in FY2007?
$ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.
$ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.
While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.
Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.
Sincerely,
Charles E. Grassley Richard J. Durbin
United States Senator United States Senator
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