Archive for September, 2009

USCIS Provides I-485 Inventory Data

Monday, September 28th, 2009
If you read the blog from September 16th, you may recall that we said it’s impossible to predict visa availability with much accuracy because there is so much missing information, such as the number of pending cases in each category and from each country. A few days after that blog, the USCIS released an I-485 Inventory Chart (which had previously been requested by the Department of State). Although that chart doesn’t provide ALL the information we need for accurate predictions (e.g. we need data on approved I-140’s etc.), it does provide a more accurate picture of the visa backlog.
Keep in mind that the world-wide level for employment-based green cards is at least 140,000 per year. The first preference, second preference and third preference categories each get 28.6% of the overall limit. There is a per-country limit of 7% of the overall total. Any unused numbers from a category trickle down to the next lower category and across the countries in that category.

The USCIS I-485 Inventory Chart displays the total number of pending adjustment of status applications, per preference category, priority date and per country. The USCIS also issued separate charts for India, China, Mexico and the Philippines as those countries historically have higher demand for visas and reach their yearly quota.

Here’s some interesting data from the I-485 inventory chart:

*There are a total of 234,000 cases at the I-485 stage at USCIS awaiting visa numbers to become available. The USCIS stated that the number of I-485 adjustments is typically about 85% of the overall number of immigrant visas (green cards) issued, meaning there could be approximately 35,100 cases at the National Visa Center.

*There are a total of 4,0510 EB1 cases pending; 74,932 EB2 cases pending; and 151,231 EB3 cases pending.

*The number of pending I-485 EB3 cases from the Philippines is 11,563 as compared to 62,607 for India. In essence, the number for India EB3 is 5 times more than that of Philippines EB3.

*While the total number of EB2 for India is 47,728 and EB3 for India is 62,607, the EB3 cases are in the earlier years so that the number of India EB2 cases has been more than India EB3 in every year since 2005.

*The number of I-485 cases pending also includes spouse and dependents.

*The number of China EB2 cases are significantly more than the China EB3 cases: whereas there are only 6,343 in the EB3 category, there are 19,333 in the EB2 category.

Here are a few predictions based upon the I-485 inventory chart:

*India EB3 may surpass India EB2 sometime in the next two fiscal years. Once USCIS gets passed the cases with 2004 priority dates, there may be a shift because there are significantly more India EB2 cases than India EB3 cases since 2005. Caveat: this presumes that the labor certification cases pending at the Department of Labor and I-140’s at the USCIS are roughly the same proportion of EB2 to EB3 as contained on the I-485 inventory chart (note: the “trickle down” of unused visas from first preference category to second preference category will provide some relief to the second preference category).

*Within the next fiscal year EB3 Philippines category should move to at least the priority dates from the middle of 2005. The following fiscal year EB3 Philippines should move at least to the cases with priority dates in the middle of 2006.
*Within the next fiscal year, the visa numbers should move through most of 2005 priority dates for China EB2.

USCIS Releases I-485 Inventory Stats

Friday, September 25th, 2009

On September 23rd, the USCIS released an inventory of I-485 data online. With this data, Applicants can more reliably estimate their expected wait times for green cards. This information will assist Applicants in making informed decisions that impact their life in the US. The thanks goes to Deputy Chief of Service Center Operations Rober Kruszka and his team for recognizing the importance of releasing this information to the public. Stay tuned to HLG for more information regarding this inventory and making reliable wait time predictions.

http://www.ilw.com/immigdaily/news/2009,0928-i485inventory.pdf

USCIS Upgrades Online Case Status Page

Monday, September 21st, 2009
The USCIS has just updated it’s online case status page to make it more user-friendly and to provide more information about the status of a pending case. Click here for a link to the new page.

The page now identifies whether the case is in one of the following modes: Acceptance, Initial Review, RFE, Testing and Interview, Decision, Post Decision, or Document Production/Oath Ceremony. A section has also been added to the bottom of the page which allows the user to see updated processing times.

This upgrade should be a vast improvement over the old system which provided little detail about the status of a case beyond the fact that it was pending or a Request for Evidence had been issued.

October Visa Bulletin – What Does It All Mean?

Wednesday, September 16th, 2009

The U.S. Department of State released the October Visa Bulletin last week. On the bright side, there was some forward movement. EB3 category is now available, but the priority dates go back to 2001 and 2002, depending upon the country of birth. EB2 China moved 2.5 months forward from the current month bulletin while India priority dates moved 14 days.

Some might become disheartened by the October bulletin. Indeed, October is an important month in immigration because the government goes by a “fiscal year” in immigration processing rather than a calendar year. However, not everything with a visa quota works in the same way. For example, the H-1b non-immigrant category has a limit per fiscal year (65,000 for the regular H-1b cap and 20,000 additional H-1b’s for graduates with U.S. Master’s degree or higher) and all the visa numbers become available at the start of the fiscal year (filing can begin April 1st but the visas become effective October 1st). This is not so in the immigrant (“green card” aka “permanent residence” category). While the immigrant numbers (144,000 in the employment based category) become available on a fiscal year, the Department of State moves the cases in a sporadic manner (sometimes forward, sometimes backward, and sometimes stalled).

So, what do the numbers mean? As someone once said, “Never make predictions, especially about the future.” Those who try to “guess” when a specific date will become current are indeed only guessing. It’s been my opinion that people try to guess by misconstruing the visa numbers. For example, some look at the current availability date and subtract it from the current year to try to arrive at a guess of how long the waiting period would be for a new case. Example: 2009 minus the current date of June 1, 2002 for EB3 Philippines would mean a waiting period of seven years for a new case. This is a miscalculation: in some cases it can be an overestimate but in other cases it may be an underestimate.

Still others try to guess based upon partial information released by the agencies involved in immigration. For example, the State Department issued dire predictions in June about upcoming visa availability. Specifically, the State Department estimated approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the “green cards” to be approved, while that category (like all other countries) has a limit of 2,800 numbers available per year plus any “left over” numbers from other categories. That data could lead to a calculation (miscalculation) of several decades to get permanent residence. Really, how many employment based applicants will be willing to wait for “decades” to get a green card?

The reason we can not accurately predict visa number availability is because so much data is “missing”. Any reasonable estimate of visa availability would need to consider the following:

1. How many I-485 cases at USCIS waiting for visa numbers AND what the priority dates are for those cases?

2. How many cases are at NVC and consulate waiting for visa numbers AND their priority dates?

3. How many dependents are included in the pending petitions?

4. How many labor certifications are pending at Department of Labor AND the priority dates for those petitions?

5. How many I-140’s are pending at USCIS AND the priority dates for those petitions?

6. How many cases are duplicates (foreign nationals who have multiple petitions pending, either with different employers or in different categories, with the plan to take advantage of whichever comes first)?

7. How many cases are dropping out of the system or will drop out in the future before the date becomes current — issues such as employer no longer sponsoring the petition, employee abandoning the petition often to re-migrate back to home country or to another country, etc.?

This complete set of data is unavailable. Thus, any visa predictions are susceptible to error.

But as someone once said, “anything worth having is worth waiting for.” I like to compare visa number progression to waiting in line at the grocery store. Consider that you are standing in a very long line at a grocery store with only three other lanes open. How quickly the line moves depends upon various factors such as: how many people are ahead of you in the line, how many items each person has, how many people may become frustrated by the wait and simply give up and go to another store, etc. And what happens while you wait? Most likely, you’re looking at the other lane and wishing you had chosen that lane instead (perhaps wishing you had qualified for the “10 items or less” condition). And in the process, you also become frustrated that the store doesn’t see fit to open more lanes to allow people to move through more quickly – that would seem the logical thing to do. But if you are patient, you do eventually get through the line. And so it is with immigrant visa processing.

Healthcare Symposium

Monday, September 14th, 2009
Mark your calendars. The 5th Annual Symposium on the International Recruitment of Healthcare Workers will be Friday November 13, 2009 (starting at 8:00am) at the Crowne Plaza Fort Lauderdale at Sawgrass Mills in Sunrise, Florida. More details to follow.

October Visa Bulletin Released…

Thursday, September 10th, 2009
The Department of State has released the October Visa Bulletin here: http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html. The good news is that EB3 categories are available, the bad news is that they are backed up to 2001 and 2002 depending on the category (EB3 All Chargeability is backed up to June 1, 2002, EB3 China is at February 22, 2002, EB3 India is April 15, 2001, and EB3 Philippines is June 1, 2002)…making the movement effectively the same as being unavailable.

The EB2 China and India experienced minimal movement forward as well.

E-Verify Federal Contractor Rule Effective 9/8/09!

Wednesday, September 9th, 2009
The USCIS issued a press release reminding federal contractors and subcontractors that effective yesterday (9/8/09) they may be required to use the E-Verify system to verify their employees’ work authorization if their contract includes the Federal Acquisition Regulation (FAR) E-Verify clause.

The E-Verify federal contractor rule extends the E-Verify system to federal contractors and subcontractors, including those who have received TARP funds. Applicable federal contracts awarded and solicitations issued on or after 9/8/09 will include the FAR clause, commiting government contractors to use the E-Verify system. Companies awarded a federal contract 9/8/09 or after 9/8/09 will be required to enroll in the E-Verify system within 30 days of the contract award date. With certain exceptions, the E-Verify system must be used to confirm that all new hires, whether working on a federal contract or not, and existing employees directly working on these federal contracts, have legal authorization to work in the US. For more information contact your HLG attorney.