U.S. Agency Is Swamped by Requests for Visas

[JODO 2]

August 18, 2007
U.S. Agency Is Swamped by Requests for Visas


By JULIA PRESTON

Immigration authorities have received about 300,000 applications for high-skilled-employment visas since July 1, federal officials said yesterday, a deluge unleashed after the federal government first said it would not accept any applications for those visas during July and then reversed course.

Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available.

The agency admitted it was swamped by the applications it had already received, which was more than double the annual limit of 140,000 employment visas.

According to official figures, in the three months before July the agency received an average of 54,700 applications a month for all green cards, including employment visas and those based on family ties. Applications were already surging then as foreigners sought to file papers before higher processing fees took effect on July 30.

"That is a fantastically high number," said Carl Shusterman, an immigration lawyer in Los Angeles. Mr. Shusterman said he thought 300,000 was the highest number of employment applications the immigration agency had received in the 31 years he had practiced immigration law.

Presenting their applications did not guarantee that immigrants would receive their green cards quickly, since the annual limit remains the same. All the applications did was ensure the immigrants places on the list for green cards.

The visa roller coaster ride began on June 12, when the State Department announced that visas would be available in July for a variety of professional immigrants. The State Department offers visas, and Citizen and Immigration Services processes applications for them.

Immigrants eligible for employment visas include doctors, nurses and people with advanced degrees and technology skills. Before they can apply, they must obtain certification from the federal government that no American workers are available for their jobs.

After thousands of foreigners hurried to prepare applications, the State Department said abruptly on July 2 that no visas would be available after all because the immigration agency had accelerated its processing and claimed them. After a nationwide outcry from lawyers, at least one lawsuit and a reprimand from Representative Zoe Lofgren, the California Democrat who is chairwoman of an immigration subcommittee, the federal agencies relented on July 17, saying applications would be received for four weeks.

Inundated, Citizenship and Immigration Services has not even been able to notify applicants that their petitions have been received, said Bill Wright, a spokesman for the agency.

The about-face was a relief for thousands of high-skilled immigrants seeking green cards after working in the United States on temporary visas. Once their applications have been officially received, they will have more job mobility and their spouses can apply for work authorization.

"It reinforced my belief in the American way of government," said Satish Kumar, 31, a visa applicant who is a software programmer from India working for a California technology company.

But because of annual limits, the new green card applications will vastly increase backlogs. Most new applicants will still face waits as long as five years before they receive their green cards.

"The root of the problem is the arcane and ridiculous limit on visas for skilled immigrants whom the United States wants," said Murtuza Bahrainwala, 38, an Indian doctor in Decatur, Ill., who applied last month.


http://www.nytimes.com/2007/08/18/us/18vis...450&ei=5070

[mawilson 2,133]

I just have one request - can they please limit the number of H1 visas available to Indian

and Chinese nationals so that Europeans have a fighting chance of getting an H1?

[~*Maria*~ 1]

I just have one request - can they please limit the number of H1 visas available to Indian

and Chinese nationals so that Europeans have a fighting chance of getting an H1?

[smoke20 0]

how much of an impact do you think this will have on k-1 visa process times? i really want to go back to PI if its going to delay them much...but, i don't want to burn all my vacation now & get approved before my anniversary date at work.....it would suck on a whole new level to get approval & not be able to go get Jennilyn.(& she's not doing the POE alone..she's gonna be scared enough already)

BTW: we filed mid july.....anniversary date at work is may 19.... you think its safe for me to go back & not get stuck waiting for more vacation days?

[w¡n9Nµ7 §£@¥€r 123]

I just have one request - can they please limit the number of H1 visas available to Indian

and Chinese nationals so that Europeans have a fighting chance of getting an H1?

They have the same chance Indian companies do. Who's fault is it if European firms aren't as aggressive in filing on time?

[pedroh 21]

I just have one request - can they please limit the number of H1 visas available to Indian

and Chinese nationals so that Europeans have a fighting chance of getting an H1?

They have the same chance Indian companies do. Who's fault is it if European firms aren't as aggressive in filing on time?

WTFPWNED

[mawilson 2,133]

I just have one request - can they please limit the number of H1 visas available to Indian

and Chinese nationals so that Europeans have a fighting chance of getting an H1?

They have the same chance Indian companies do. Who's fault is it if European firms aren't as aggressive in filing on time?

They don't have the same chance, because there are more Indians than Europeans.

Besides, the State Department already has employment-based immigrant visa quotas

for India and China -- that is, Indian and Chinese nationals who already have an H-1

cannot adjust status until their dates become current. All I'm asking is to take it one step

further and introduce a quota for H-1's instead.

Edited August 18, 2007 by mawilson

[pedroh 21]

I just have one request - can they please limit the number of H1 visas available to Indian

and Chinese nationals so that Europeans have a fighting chance of getting an H1?

They have the same chance Indian companies do. Who's fault is it if European firms aren't as aggressive in filing on time?

They don't have the same chance, because there are more Indians than Europeans.

well tell the europeans to do more kneuken in the keuken!

[w¡n9Nµ7 §£@¥€r 123]

I just have one request - can they please limit the number of H1 visas available to Indian

and Chinese nationals so that Europeans have a fighting chance of getting an H1?

They have the same chance Indian companies do. Who's fault is it if European firms aren't as aggressive in filing on time?

They don't have the same chance, because there are more Indians than Europeans.

Besides, the State Department already has employment-based immigrant visa quotas

for India and China -- that is, Indian and Chinese nationals who already have an H-1

cannot adjust status until their dates become current. All I'm asking is to take it one step

further and introduce a quota for H-1's instead.

The difference is probably much less marked if you compare qualified Indians to qualified Europeans.

Bottom line, you gotta be aggressive in filing and seeking deals between candidates and companies. I doubt European companies do that the way the Indians do.

[mawilson 2,133]

The difference is probably much less marked if you compare qualified Indians to qualified Europeans.

Bottom line, you gotta be aggressive in filing and seeking deals between candidates and companies. I doubt European companies do that the way the Indians do.

What European companies? It's not like there are "European companies" that apply for H1-Bs en masse.

How can a qualified European individual compete with Indian firms who file tens of thousands

of petitions?

I have a business and I want to hire a PhD from the UK. I can't. Why? Because the H1B quota

has already been exceeded. In fact, it was exceeded within hours of being announced thanks to

Indian firms.

[w¡n9Nµ7 §£@¥€r 123]

The difference is probably much less marked if you compare qualified Indians to qualified Europeans.

Bottom line, you gotta be aggressive in filing and seeking deals between candidates and companies. I doubt European companies do that the way the Indians do.

What European companies? It's not like there are "European companies" that apply for H1-Bs en masse.

Well, then - there's your problem. Europeans are complacent.

[Heracles 417]

This issue is along the same lines as illegal immigration for Americans. The only people who benefit from such large pools of cheap labor are employers and the extremely rich.

"It reinforced my belief in the American way of government," said Satish Kumar, 31, a visa applicant who is a software programmer from India working for a California technology company.

In India I would have hired this guy for $9,000 a year. Therefore the $45K he is probably earning in the US is like winning the lottery for him.

Who will an employer hire, him for $45K or an American worker for $75K to $110K. It does not take a genius to start figuring out why the standard of living is so low for your average American.

I just have one request - can they please limit the number of H1 visas available to Indian

and Chinese nationals so that Europeans have a fighting chance of getting an H1?

They have the same chance Indian companies do. Who's fault is it if European firms aren't as aggressive in filing on time?

They don't have the same chance, because there are more Indians than Europeans.

well tell the europeans to do more kneuken in the keuken!

What about Aussies are their E3 visa..

[mawilson 2,133]

Also, H-1B visas are not just for Indian techies - they are also used to hire professionals in

other occupations -- nurses and other health-care workers, university professors, lawyers,

engineers, architects, etc. These days, unless you're an Indian programmer, you can forget about it.

The difference is probably much less marked if you compare qualified Indians to qualified Europeans.

Bottom line, you gotta be aggressive in filing and seeking deals between candidates and companies. I doubt European companies do that the way the Indians do.

What European companies? It's not like there are "European companies" that apply for H1-Bs en masse.

Well, then - there's your problem. Europeans are complacent.

No - H1-B's are meant for individuals, not "firms" who hire thousands of no-name's.

It's Indian firms that are abusing the system, and I think they should stop doing that.

[Trompe le Monde 1,107]

We hired a British marketing guy - it is very debatable whether we couldn't have filled the job locally (we could, especially because this guy is actually rubbish). The HB1 quota was met by the time we wanted to hire him. The company made it happen because they wanted him (god knows why). I think the VJ Troll is right about this.

[mawilson 2,133]

We hired a British marketing guy - it is very debatable whether we couldn't have filled the job locally (we could, especially because this guy is actually rubbish). The HB1 quota was met by the time we wanted to hire him. The company made it happen because they wanted him (god knows why). I think the VJ Troll is right about this.

How did your company do it?