Archive for December, 2009

January Visa Bulletin Gives Projections for Movement through FY 2010

Thursday, December 17th, 2009

The Department of State issued its January 2010 Visa Bulletin. The new visa bulletin reveals little movement across employment-based immigration categories. The employment-based first preference (EB-1) category will remain current for all nationalities. Cut-off dates in the EB-2 category will remain stalled at January 22, 2005 for India, while they will advance slightly for China (May 1, 2005). The EB-2 category will remain current for all other countries.

The Eb-3 category cutoff for skilled workers is June 22, 2001 for India and July 1, 2002 for Mexico. The cutoff for China, Philippines, and all other countries is August 1, 2002. The cutoff for Eb-3 unskilled workers is June 1, 2001.

The January 2010 Visa Bulletin also contains the first projection of what priority dates are likely to become currently during this fiscal year, which  is of great interest to adjustment of status applicants with long-pending applications.  The Visa Bulletin predicts, based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 (that is, by September 30, 2010) are as follows:

Eb-2:
China: July through October 2005
India: February through early March 2005

Eb-3:

Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005

The Dept. of State advises that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.

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USCIS Officials Predicts H-1B Cap Will Be Reached Soon

Thursday, December 3rd, 2009

My partner previously reported that H-1B numbers were likely to be used up between Christmas and New Year’s, and based on what I heard this week at a conference in New York, the cap is likely to be reached no later than that.  It may, in fact, be reached sooner than Christmas, perhaps even in the next week.

I was speaking at a Continuing Legal Education course in New York sponsored by the American Immigration Lawyers Association, and USCIS officials on another panel informed the audience that the pace of H-1B filings had increased significantly in the past two weeks – about 2000 petitions were received in the short week before Thanksgiving alone.  While they did not reveal their “target” number of petitions to reach the H-1B cap, they only have, at most, 5000-6000 potential numbers available left, which means the cap will be hit very soon if that pace of filings does not decrease.

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Is the Delaware Valley Really an Immigration Underacheiver?

Wednesday, December 2nd, 2009

Yesterday, the Fiscal Policy Institute released a detailed analysis of census and economic data in the 25 largest metropolitan areas of the United States.  The analysis looked at the number of first-generation immigrants (see notes below the jump) as a share of the population in each of these metro areas, and also at the economic growth in those metropolitan areas.  Overall, the analysis concluded that those metropolitan areas with the highest rates of immigration between 1990 and 2007 also had the highest levels of economic growth in that time frame, which made me curious to see how Philadelphia did in each of those rankings.

First, in the Philadelphia metropolitan area (which includes the counties around Philadelphia and Camden, as well as those around Wilmington, Delaware), first generation immigrants are a lower percentage of the population than any of the metropolitan areas of comparable size around the United States.  When compared with our “peer” metro areas (those with around 6 million population, namely Dallas, Houston, Miami, Washington, DC, and Atlanta), we rank last.

In fact, Philadelphia’s first generation immigrant population of about 500,000 out of a total population of roughly six million, or 9%, is tied for seventeenth among the twenty-five major metropolitan areas – we are tied with Minneapolis and Detroit, and beat out only five (Baltimore, at 8%, Cleveland, 6%,  and Pittsburgh and Cincinnati, both 3%).

As the report notes, immigrant population is strongly correlated with economic growth: when ranking those same metropolitan areas by percentage of immigrants in the labor force compared to economic growth (both figures calculated from 1990 to 2005-2007), those metropolitan areas with the largest growth in their immigrant labor force also had the largest percentage economic growth.   While the study does not argue that immigration causes economic growth, it is clear that immigration and economic growth go hand in hand: a growing economy attracts immigrant workers, and immigrant workers in turn become consumers in that economy and help it continue to grow.

Philadelphia and the other four large metropolitan areas on the East Coast (Boston, New York, Washington and Atlanta) were also analyzed in further detail.  The percentage of immigrants in the labor force in Philadelphia is lowest of these five areas, but are spread relatively evenly through the occupations.  In fact, in our area, immigrants are more likely to be in professional and technical occupations (doctors, engineers, technicians, etc.) than US workers – while 11% of the area’s total labor force are first generation immigrants, more than 15% of the labor force in these occupations are first generation immigrants.  Given the importance of education, healthcare and other “knowledge industries” to our region, it is clear that we are “punching above our weight” in attracting these highly-qualified immigrants to the Philadelphia area.

(more…)

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USCIS Outlines Anti-Fraud Efforts for Employment-based Immigration Petitions

Wednesday, December 2nd, 2009

In late September, Senator Chuck Grassley (R-IA) sent a letter to USCIS asking what steps the agency was taking to ensure that employers remain in compliance with their obligations to H-1B workers and other sponsored immigrants.  Senator Grassley was particularly concerned about measures in place to ensure that companies placing workers at another employer’s location (for example, IT workers implementing a project for a company’s customer) comply with H-1B wage payment requirements for the actual location where services will be performed.

USCIS Director Alejandro Mayorkas has responded to Senator Grassley in a letter recently obtained by the American Immigration Lawyers Association.  In it, Director Mayorkas has outlined three main efforts the agency has taken and will take that should be of interest to companies that file petitions for H-1B and other immigrant workers, which are described below. (more…)

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