Indians And Chinese Face Refusal
The Visa Office of the DOS recently issued "Report of the Visa Office 2007"
which "is an annual report providing statistical information" about the Visa
Office's doings. We highlight some of the fascinating information contained
therein below (see full Table of Contents here), all years below are fiscal.
The conclusion from the three documents above is that B1/B2 applicants from India, China, South Korea and Mexico face an approximately 1/3rd chance of denial based on 214(b) "finding" (a "finding" typically made in an "interview" lasting approximately 100 seconds), the chance of overcoming which "finding" are only about 1%. While the Chinese Exclusion Act and the Race Quotas of the 1921 and 1924 Acts are no longer in force, some of the same outcomes of those bygone days can be found in current Visa Office reports.
- For the Immigrant Visa applications in 2007 288,878 grounds of ineligibility were found, of which 174,438 (60%) were overcome, a misleading statistic, as we shall soon see. The most common ineligibility finding, amounting to 5/6ths of the total, was 221(g) "Application does not comply with provisions of INA or regulations issued pursuant thereto", and overcoming this finding was 91% of the total findings overcome. In other words, of all the other ineligibility findings, only 30% were overcome. For the Non-Immigrant Visa applications in 2007, 2,117,250 grounds of ineligibility were found, of which 470,052 (22%) were overcome, a most misleading statistic, as we see below. The most common ineligibility finding, about 3/4ths of the total, was 214(b) "Failure to establish entitlement to nonimmigrant status", and this finding was overcome only about 1% of the time. In other words, about 99% of the time, a 214(b) finding was not overcome. (From Table XX Immigrant and Nonimmigrant Visa Ineligibilities (by Grounds for Refusal Under the Immigration and Nationality Act) Fiscal Year 2007)
- It is not hard to guess what visas were the ones selected for special 214(b) treatment. Of the 6,444,263 Non-Immigrant Visas issued in 2006, almost 60% were B1s and/or B2s. Based on the numbers in this table, it's a safe bet that no other type of visa could approach the magnitude necessary for the huge quantity of 214(b) findings above. (From Table XVII Nonimmigrant Visas Issued Fiscal Year 2006)
- Nor is it difficult to guess where 214(b) was used to liberally deny vast quantities of applicants. The numbers of 214(b) denials are so staggering that only four countries can possibly supply the bulk of the applications involved: India, China, South Korea and Mexico. (From Table XIX Nonimmigrant Visas Issued by Issuing Office (Including Border Crossing Cards Fiscal Years 1998-2007)
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New H-1B Book
ILW.COM is pleased to announce its latest book, "THE H-1B BOOK 2008-2009 Edition", Editor Karen Weinstock. For more information, see here.
State Immigration Law: Challenge Of Pre-Emption
Gary Endelman provides an analysis of select states and its immigration laws challenging pre-emption.
Bloggings: April 10, 2008
Greg Siskind shares the latest entries to his blog.
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DOL Releases PERM Fraud FAQs
The Office of Foreign Labor Certification published the second round of FAQs for issues stemming from the final fraud rule published in May 2007.
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Help Wanted: Immigration Attorneys
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New Appointment - Immigration Judges
Executive Office for Immigration Review announced that 11 immigration judges were sworn in. These immigration judges will preside in the immigration courts indicated below: Eloy Immigration Court (James Alan DeVitto, Stephen M. Ruhle, Linda Inez Spencer-Walters); Headquarters Immigration Court (Quynh Vu Bain, Los Angeles Immigration Court, Philip L. DiMarzio, Lourdes A. Rodriguez de Jongh); Newark Immigration Court (Susan Girardo Roy); Orlando Immigration Court (Kevin J. Chapman0; Salt Lake City Immigration Court (Dustin B. Pead); San Francisco Immigration Court (Jeffrey J. Bernstein); Tacoma Immigration Court (Tammy L. Fitting).
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Let us get down to a few hard facts about the pre-1965
immigration law that Jim Roberts' letter (4/9/08 ID) conveniently
overlooks. That law, it is true, did not have explicitly racial
immigration quotas. But what it did have was a system of
"national origin" quotas, based on the ethnic composition of the
US in, not 1960, 1950, or even 1920, but 1890. In 1890, America
was much more heavily "white" and Northern European than it was
after the great waves of immigration from Southern and Eastern
Europe in the early part of the 20th Century. Therefore, even
though the pre-1965 immigration law was passed in 1924, 1890 was
picked as the "base" year, in order to discriminate against
Italians, Jews, Poles, Greeks, Armenians, Arabs, Hungarians and,
yes, Czechs and Slovaks, most of whom were not considered "white"
by American nativists of that time. As for East Asian immigrants,
they had already been subject a serious of exclusion laws,
beginning with the notorious Chinese exclusion laws of the
1880's. Why this discrimination, not only against Asians and
Middle Easterners, but against people from the "wrong" part of
Europe? Because they were regarded as allegedly inferior,
unassimilable, criminals, loyal to foreign powers, carriers of
disease, bearers of poverty, and just as "dangerous" to America
as Latino and Caribbean immigrants are accused of being now. This
is why anyone who tries to make excuses for the pre-1965
immigration law, complains about the circumstances under which it
was abolished, or advocates returning to anything resembling it,
has to overcome a strong presumption of bigotry.
Roger Algase, Esq.
New York, NY
USCIS & DHS never cease to amaze us, for good or bad. USCIS's recent changes have at least brought some sanity to the H-1B filing process. By increasing the time period from the first two business days to the first five business days of April for filing H-1B petitions for a given fiscal year, USCIS has given a sigh of relief to the concerned employer/employee. Another step in the right direction is the prohibition of duplicative or multiple H-1B petitions filed by an employer for the same H-1B worker giving every employer a fair chance in the random selection process. However the main issue-- the limited number of H-1Bs available each year--still remains. If the US cannot make unlimited H-1Bs available then at least it should raise the cap to 150,000-200,000 visas which can be petitioned for at any time of the year (depending on the availability) to ensure the regular supply of qualified & skilled workers who will contribute to the US economy. The DHS rule increasing the maximum period of OPT from 12 months to 29 months for F-1 students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in USCIS E-Verify program is another bright spot. I hope that in the near future F-1 students from other fields will also be included in this. This rule also solved the "cap-gap" problem by extending the authorized period of stay for all F-1 students who have a properly filed H-1B petition and change of status request pending with USCIS. If the petition is approved, the students will have an extension that enables them to remain in the US until the requested start date indicated in the H-1B petition takes effect. The coming years will see more sweeping immigration system changes.
Gurrattanpal Singh, Esq.
As an American, I find those periodic
FAIR reports (04/09/08 ID) ID carries quite annoying.
What purpose do they actually serve? Most of us
are trying to navigate as best we can through a terrible immigration system
for our clients that has only gotten more and more rigid and
mean-spirited over the last 4-5 years-and ID is adding fuel
to the fire. Right now it is next to impossible to get educated
individuals into this country to work on the H1-B visa due the
current cap, which would benefit the country. Instead we have to
listen to FAIR or commentators like Lou Dobbs negatively
influencing the american public, who on the whole are pretty
clueless as to what is really going on in the immigration scene
right now. One blatent example is the idea that all H1-B
individuals are "cheap labor" taking jobs away from americans
etc. which is quite the opposite. We all know that every H1-B
candidate's salary has to meet the prevailing wage standard
otherwise the case will be denied-hard to understand how
organisations like FAIR and TV anchors get away with repetitive
false and misleading statements in this regard. Most world intelligencia are no longer going to wait
over a year for the result of an H1-B Visa "Lottery" that could
enable them to work for Microsoft, Oracle or Mercedes-Benz in the
USA starting October 2009--these foreign R & D engineers or
scientists and their potential american employers don't have time
to waste and are going elsewhere--how about Canada,
China,Singapore, India or Australia where they are being welcomed
with open arms, to our detriment. While I understand that ID's goal is to be objective, ID can surely do better for its subscribers than carry these reports.
Catherine M. Kiely
Los Angeles, CA
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