With President Obama promising Executive Action to address U.S. immigration problems, many stakeholders including those from the tech industry have heavily lobbied for him to use his pen to address not, only the border crisis, DACA children, and the deportation system but, also retrogression, H-1b visas, and the like. The conventional wisdom says that the President will stay true to his core constituents and offer no relief to employment based (legal) interests beyond the H-4 employment rule which has already been subjected to a comment period and merely awaits final regulatory approval but, until he speaks, we can all dream a little. Check out Computerworld’s take on this subject.
HLG is pleased to announce that Lynette Guzzino has joined the firm. Lynette is a graduate of Loyola University New Orleans College of Law and the Thunderbird School of Global Management. Her practice will focus in the area of university professors, private and public researchers, and other individuals seeking immigration based upon their personal qualifications.
The Department of State (“DOS”) has announced that it has made substantial progress in resolving the performance issues with the Consular Consolidated Database. This database crashed in late July, which caused the DOS to be unable to issue visas to applicants. Since this problem affected Consulates throughout the world, the DOS was experiencing a significant backlog. It appears that the Consular Consolidated Database is operational again. The DOS has issued visas to applicants who were part of the backlog throughout the world. Furthermore, the DOS stated that it is printing visas for all cases with very little delay. At this time, individuals who were delaying making travel plans due to concerns about whether a visa would be issued in a timely manner can begin to arrange for trips abroad.
The DOS has released the September Visa Bulletin, and as is typical for the last bulletin of the fiscal year, most categories saw no movement however, EB2 India and EB3 Philippines saw forward jumps. There is great anticipation for the October Bulletin to see if India EB2 holds its ground or retrogresses.
Our friends to the north have been observing our current immigration system and have noted that the US policy and practice at present is to refuse work visas to high tech workers (STEM grads), entrepreneurs, and specialized workers from international companies and have decided that they may be able to take advantage of our ineptitude. I can only imagine the discussion, maybe it went something like this (picture with a Molson and hockey in the background, of course) “Don’t you think we could use an influx of some smart, talented, tax-paying, revenue creating international workers, Eh ?” Seems so simple doesn’t it, Washington DC ! With the current culture of NO so prevalent at the USCIS service centers and the failure to produce any immigration reform that among other things addresses, the over 20 year wait for a green card for an Indian national IT engineer, it is not surprising that scores of quality international workers will seek alternative opportunities and that other industrialized nations will seek to create options for them. We can only hope that they will use their Canadian resident cards to vacation in Florida and Arizona in the winter.
The Department of State (“DOS”) has released additional information that discusses what caused the Consular Consolidated Database to crash and its impact at Consulates throughout the world. Since July 20th, the Consulates have printed nearly 250,000 nonimmigrant visas. Normally, the DOS would expect to issue about 480,000 nonimmigrant visas during this period of time. This means that the Consulates have only been able to print visas for about half of the expected applicants. Unfortunately, the DOS believes that it will take weeks before its Consulates are able to return to normal processing times for issuing visas. The DOS provided some further information, including:
- The Consular Consolidated Database, including backup systems, crashed as a result of a software upgrade issue.
- The DOS is prioritizing immigrant visas, adoption cases, and emergency nonimmigrant visas.
- There is no expected time frame when the DOS expects this problem to be resolved.
The Hammond Law Group urges individuals who have not made specific travel plans and who will require a new visas stamp in their passport to return to the U.S. to hold off on traveling until this problem is resolved.
During the busy summer travel season, the Department of State’s Consular Consolidated Database has crashed. This database is responsible for supporting the Department of State’s efforts to verify information in passports and visa requests. The Department of State has reported that unspecified glitches in the database have resulted in “significant performance issues, including outages in the processing of applications for passports, visas, and reports of Americans born abroad.” The problem exists throughout the world and in all categories of applications. The issues caused by this glitch have resulted in a backlog of applications. One report stated that an unspecified country had close to 50,000 applicants who were experiencing delays. While the Department of State is working to rectify this problem, the Hammond Law Group suggests that individuals who have not made travel plans avoid going abroad for visa stamping interviews until this backlog has eased.
HLG will host its annual Immigration Update seminar in the NYC/NJ area on Fri. Aug 22nd. The seminar is primarily designed for staffing cos. in the IT and engineering sectors but, many of the topics will be relevant to any company that employs H-1b workers. Mike Hammond, Cadence Moore, and Lisa Galvan will be speaking. The seminar is free to attend. For more details and a full agenda click here.
New York Times Op-Ed by Sheldon G. Anderson, Warren E. Buffett, and Bill Gates Calls on Congress to ‘Break the Immigration Impasse’
In a recent Op-Ed piece published in the New York Times, Sheldon G. Anderson (Chairman and Chief Executive of the Las Vegas Sands Corporation), Warren E. Buffett (Chairman and Chief Executive of Berkshire Hathaway), and Bill Gates (former Chairman and Chief Executive of Microsoft) called on Congress to reach a compromise to remedy our “irrational” immigration laws. In this piece, these three business leaders stated that “the three of us vary in our politics and would differ also in our preferences about the details of an immigration reform bill. But we could without doubt come together to draft a bill acceptable to each of us. . . You don’t have to agree on everything in order to cooperate on matters about which you are reasonably close to agreement.” In reviewing the current impasse, this piece notes that “it borders on insanity to train intelligent and motivated people in our universities . . . and then to deport them when they graduate.” The Hammond Law Group applauds these statements by Mr. Anderson, Mr. Buffett, and Mr. Gates. We also agree with their conclusion that “whatever the precise provisions of a law, it’s time for the House to draft and pass a bill that reflects both our country’s humanity and its self-interest. Differences with the Senate should be hammered out by members of a conference committee, committed to deal.” These statements are a call to action that every member of Congress should consider as they review whether or not their choices are truly reflecting the best interests of our country.
A few weeks ago, President Obama promised to use Executive Action to bring about immigration reform when it became clear that Congress was not going to act but, can he deliver on that promise ? The first question is whether he is committed to any reform that would impact legal immigration and the simple answer is, not really ! Although he has made numerous pronouncements that indicate a support for entrepreneurs, STEM workers, and other international professionals, the actions of his administration have been outright hostile to all of those classes of international workers. To date, the executive actions which the President has been willing to take, have focused on humanitarian classes of immigrants including what is referred to as DACA individuals. If however, the President wants to “enact” more sweeping immigration changes, he can only changes policy and/or interpretation, not a statute or a regulation. For example, he can’t simply raise the H-1b cap. However, he can reduce retrogression by eliminating the inclusion of dependents when allocating immigrant visas. There are also a number of other actions the President can take that would impact legal immigration if he chose. Whether all of those changes would be considered positive by the business community or by the legal foreign workers them selves is unknown and there is cause for concern that his policies may be more restrictive than any bill Congress would have passed or than the current system. The last major Executive Action change was the creation of STEM extensions under President Bush. Here are links to two articles on this subject, one from Computerworld and the other from The Hill.