H-1Bs for IT professionals used to be slam dunk case, and with so many U.S. employers competing with each other to recruit IT workers, the CIS was rubber stamping H-1B petitions filed for IT professionals. However, in April 2009, Senate Majority Leader Dick Durbin (D-Ill.) and Sen. Chuck Grassley (R-Iowa) introduced the H-1B and L-1 Visa Reform Act, to crack down on what they called unscrupulous employers who deprive qualified Americans of high-skilled jobs. They also presented the list of top H-1B employers, which Indian IT outsourcing firms topped the list, arguing that granting H-1B visas to these outsourcing firms is not the intent of the H-1B program. After the Reform Act was introduced, the CIS began to issue Requests for Evidence (RFE) for H-1B petitions to and make unannounced site visits, showing up to the H-1B employers’ offices and asking probing questions about their H-1B workers. These events finally culminated to the latest CIS Memo by Donald Neufeld on January 8, 2010, which in violation of due...

Photo credit: David PriorIn retrospect, it is evident that strides have been made to improve our immigration system in 2009. Key pieces of legislation have been introduced in Congress, the immigration system is more transparent and efficient than it was before, CIR leaders have been identified and are stepping up, etcetera. However, these accomplishments are mere stepping-stones; our immigration system is still in dire need of a complete overhaul.

At the end of 2009, we were optimistic with the official introduction of a comprehensive immigration reform bill by Rep. Gutierrez and the ongoing CIR momentum. Now, the mood is a bit more somber. We are currently at a standstill, as the recent election of Scott Brown [R-MA] to the late Sen. Ted Kennedy’s Senate seat could have dramatic effects on CIR passage. The election of Brown has turned the tides and the GOP now has the power to block healthcare reform from coming to fruition, and potentially send the negotiations back to the drawing board. Any further delays or failure to pass healthcare reform, could spell the downfall for CIR passage -- the ability to get CIR passed will rest upon successful healthcare reform.

...

Photo credit: swanksalotDuring a recent inspector general audit, the Social Security Administration (SSA) was found to be improperly using the E-Verify system. E-Verify is in fact an employment verification system operated by both the Department of Homeland Security (DHS) and the Social Security Administration (SSA). It became mandatory for federal employers and subcontractors September 2009, and is currently optional for employers (depending on state legislation). Nevertheless, the SSA failed to run E-Verify checks on its own employees nearly 20 percent of the time.

Details of SSA’s E-Verify misuse includes:

Out of 9,311 people hired in 2008 and 2009, SSA failed to run E-Verify checks on 1,767 SSA ran E-Verify checks on 1,874 people too early in the hiring process and for 1,784 hires they ran checks past the three day deadline It is ludicrous that the agency...

Photo Credit: mpovVISANOW released the latest version of its patented online immigration service platform, VISANOW 2010 today. Based in large part on customer feedback, the enhanced system includes an improved document management process, revamped billing center, streamlined application questionnaire and tighter integration of international immigration services. The improvements significantly increase time-savings, flexibility and process transparency for HR and individual applicants.Available now, the VISANOW 2010 platform includes:

Improved Document Management Process

New document upload feature provides instant document preview for greater accuracy. Ability to save copies and print documents whenever desired by HR or applicants, from anywhere in the world. New Billing Center

Ability to share application fees between the organization and the...

Photo credit: VinceAlongi

New guidance has been issues on how the Citizenship and Immigration Canada (CIC) will be assessing the language requirement for temporary foreign workers. Since Canadian immigration officers can deny a work permit application on the grounds that an applicant cannot perform the duties as stated in the work permit application, they are instructed to assess temporary foreign workers’ knowledge of French or English before approving a work permit application. The language requirement stated in the Labour Market Opinion (LMO) may be apart of an officer’s assessment of the applicant’s ability to perform the specific work sought because it is the employer’s assessment on the language requirement(s) for the job.

Other considerations that a CIC offer may take into account include:

Photo Credit: njumThe H-1B FY2010 cap of 65,000 was officially met on December 21, 2009, and the U.S. Citizenship and Immigration Services (USCIS) no longer accepts H-1B FY2010 petitions. If you missed the cap you now have to wait until April 1, 2010 to file new H-1B applications for FY2011, with the applicant's earliest start date being October 1, 2010. However, you may not need to amend your staffing plan just yet. Attend VISANOW's free webcast "Understanding H-1B Visa Alternatives" to learn about the various visa alternatives and   options to maintain status. For example, foreign nationals from Mexico or Canada could apply for the TN visa, while F-1 students engaged in Optional Practical Training (OPT) could take advantage of the 17-month extension available to STEM (Science, Technology, Engineering, and Mathematics) students and their employers enrolled in E-Verify. Further, even if there aren't...

Photo credit: quinnanya  A new study by the Center for American Progress (CAP) and Immigration Policy Center (IPC) entitled “Raising the Floor for American Workers study; The Economic Benefits of Comprehensive Immigration Reform,” released earlier this month, clearly shows CIR passage will result in substantial benefits for U.S. economy. The study used a “computable general equilibrium model” to estimate the economic effects of three scenarios:

Implementing comprehensive immigration reform - includes a pathway to legal status for currently unauthorized immigrants, as well, as the creation of flexible limits on future immigration  A temporary worker program only – encompasses currently unauthorized immigrants and future immigrants, but does not include a pathway to permanent status for the undocumented or more flexible legal limits on future immigration Mass deportation – the unrealistic scenario of expelling all unauthorized immigrants from the United States and effectively seal the U.S.-Mexico border to future immigration. ...

Photo credit: jjayNot long after I blogged about the WSJ article about Start up Visas did House Representative Jared Polis [D-CO] introduce HR 4259, Employment Benefit Act, legislation including the introduction of a new class of eligibility – the Start up Visa. Included in the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP) bill, the Start up Visa continues to garner interest as the state of the economy continues to dominate the Presidential agenda.

Investors and their business plans must meet two criteria to be eligible for the newly proposed Start up Visa:

Raise venture capital fundso $250,000 in venture capital from a U.S.-based firm oro $100,000 in angel investment from Americans or o $100,000 in angel investment from legal permanent immigrants living in the U.S....

Photo Credit: The Conference Board The Conference Board, an established business advisory organization for small to midsize companies, recently profiled the H-1B immigration process and recognized VISANOW as a leading immigration services provider in their December 2009 Executive Action Report “Clearing Paths for Critical Foreign Talent to Work in the United States.” With economic recovery on the horizon, corporate interest in foreign talent is picking up again, and The Conference Board ascertains that future growth of small to midsize businesses may depend on the ability to recruit highly skilled employees from the global talent pool. 

The Conference Board report recommends companies partner with an expert immigration services provider rather than attempting to navigate the complex H-1B immigration process alone, and highlights VISANOW as a leader within the industry. Further, a VISANOW client, Sapient, a global information technology consulting and interactive services organization, is quoted as an...

Photo credit: Meanest IndianIn efforts to control the influx of unskilled labor from neighboring countries, Indian authorities are now beginning to enforce a new quota system that was introduced at the end of last year. Indian employers who want to sponsor foreign workers must include a statement of compliance in their applications, attesting that the number of foreign workers they employ in India does not exceed 1% of their total workforce or employ 20 foreign workers in total (whichever is less). Some exceptions do exist. Power and steel companies in India may sponsor up to 40 foreign workers or 1% of their total Indian based workforce (whichever is less), until June 2010.  Further, large employers may employ more than 20 foreign workers (if still less than 1% of their workforce), but their employment visa applications will be subject to additional scrutiny and referred to the Ministry...