H-1B Cap Reached in less than a week

See e.g. http://www.uscis.gov/news/uscis-reaches-fy-2015-h-1b-cap, indicating that businesses seeking highly skilled workers for professional positions requiring a bachelor's degree or higher took less than a week to snap up all 85,000 visas available for next year.


The U.S. Citizenship and Immigration Services announced Monday that the cap on H-1B visas for the 2015 fiscal year had already been reached.


It's no surprise that the cap was reached quickly. That's happened repeatedly in recent years and is a key issue that highlights the need for comprehensive immigration reform.

Adam Walsh Act

For those who may be interested, I will be speaking at an AILA Audio Seminar on the Adam Walsh Act on January 16, 2014, see below:

Date: Thursday, January 16, 2014 @ 2:00 pm (ET)

Title: Litigating Adam Walsh Act Denials in Federal Court [Audio Seminar]

The Adam Walsh Act disqualifies U.S. citizens and lawful permanent residents with certain criminal convictions from filing visa petitions for their family members or fiancées. What do you do when USCIS denies your case, but your client has not been convicted of a disqualifying crime or meets the no-risk exception? Our experts discuss best practices and the most recent developments. Learn strategies, tips, and tricks for litigating denials in federal court.

• What Is the Nature and Scope of Federal Court Jurisdiction?
• What About Non-reviewability?
• Exhausting Administrative Remedies
• What Are the Grounds for Relief?
• Preparing the Complaint
• A Road Map for Litigation

Faculty:

Raymond R. Bolourtchi, St. Louis, MO

Dan R. Larsson, Bend, OR 

Edward F. Ramos, Miami, FL (Nonmember—Kurzban Law Firm)

See e.g. http://www.theatlantic.com/politics/archive/2013/08/obamas-immigration-nuclear-option-stopping-deportations-unilaterally/279138/ and http://www.voanews.com/content/us-immigration-reform-battle-has-electoral-implications/1739199.html.   CIR discussions are heating up, and it could come to a decision by mid-term elections in November.  

Something Happening on CIR Front

Word apparently is that "something may be coming up" with regards to immigration reform in Congress.   It would make sense that "something will happen" in time for mid-term elections in November.   What that "something" is may be hard to predict.   Stay tuned............

DACA

On the first year anniversary of DACA, the Brookings Institution has published a report summarizing DACA statistics. Here are the highlights.

• More than half a million people have applied: 74% approved, 1% denied, the rest under review. More than half the estimated eligible immigrants have applied.
• 30% of applicants came to the US by age five, and 75% of applicants have lived in the US for more than 10 years. 
• 75% of the applicants were born in Mexico, 10% in Central America, 7% in South America, 4% in Asia and 4% in the rest of the world.

This is good news, and if Congress fails to pass CIR, we could see millions of additional undocumented person qualify for something similar to DACA if e.g. President Obama exercises executive power.   Stay tuned......

Dust in the machines?

With possible CIR on the horizon, one can only hope that Congress will allocate sufficient resources to applicable government agencies.   They are currently unable to be efficient and do the job as it is.   For example, today AILA Liaison informed US DOL of continued iCERT system problems, such as the printing of blank pages and error messages that prevent access to iCERT accounts.  These are business related cases and is not good for the US economy to have delayed.

Further, yesterday it was reported that ICE's computers were down nationwide so that bonds could not be posted unless the office agreed to do it manually.   So, this costs tax payer money to keep people locked up.

In addition, wait times to speak to USCIS operators about existing cases can sometimes be 800 minutes!   This does not aid in getting cases resolved and adjudicated.


If all CIR achieves is to fix the current system, that would be a benefit..................

Beware of Immigration Fraud!

As we get closer to (hopeful) comprehensive immigration reform (CIR), there will be companies and individuals who will try to benefit and take advantage of the immigrant community.   This can have severe consequences.   Even if (sometimes) well-meaning, these folks can create issues and messes that cannot be undone.   Immigration is about people's lives, and it is astounding that people will often in effect let your unqualified plumber neighbor perform the equivalent of brain surgery and even pay too much for that.   There is also a reason why it is better to go the brain doctor than the foot doctor if your head needs work..............

See for example www.riaint.com.  These folks claim they know when comprehensive immigration reform (CIR) will pass, what will be included, that they have insider information through their Congressional connections, and that they have an intake form here that will provide them with the information needed to help them prepare over 50,000 applications to be ready for filing on the first date legally possible. They are doing all their good work for a mere $5,000. In the unlikely event CIR doesn't pass, you will only be out $125.00.   

We all need to help protect consumers from immigration fraud like this.