Things you should be aware if you are H-1B employee in IT consulting company

May 30, 2019
IT consulting companies are often the “targets” when it comes to immmigration fraud situations, and it is demonstrated by the data itself. H-1B petitions filed by IT consulting companies are being examined way heavier and longer than the others, with the denial rate less than 10% in 2015, and has risen up to 40% roughly.
USCIS has a Fraud Detection and National Security (FDNS) branch, and one of its missions is to verify the information from the H-1B petitions. And it often will be in the form of request for evidence (RFE) or site visits. When it comes to site visits, immigration officers usually will show up unannounced and they will request to speak with H-1B employees, their manager or even HR. It is not an easy situation to deal with because not everyone in the company is able to provide the absolute accurate information about a specific employee, especially for those large size companies.
From analyzing the H-1B data this year. Two out of the top five H-1B employers this year are IT consulting companies, and as always, the head IT companies are from California.

USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap Subject Petitions

May 23, 2019
USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption.
As in previous years, USCIS will now begin returning all H-1B cap-subject petitions that are not selected and will issue an announcement once USCIS are done notifying petitioners. Due to the volume of filings, a definite time frame for returning unselected petitions cannot be provided. Petitioners should wait to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition that USCIS have returned.
Additionally, USCIS may transfer some Form I-129 H-1B cap-subject petitions between the Vermont Service Center and the California Service Center to balance the workload and enhance efficiencies. If your case is transferred, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition.

USCIS: Marijuana-Related Activities May Affect Your Naturalization Application Result

May 16, 2019
USCIS recently released a policy guidance to explain that certain marijuana-related activities will have a negative impact on the result of naturalization applications, regardless of the fact that they are legal under applicable state laws. If the applicants violate the federal laws, they will be deemed to lack good moral character.
Under federal law, marijuana is classified as a “Schedule I” controlled substance, its manufacture (including planting, cultivating, harvesting, etc), distribution, dispensation and possession may eventually lead to denial in naturalization application. Immigration lawyers suggest that if you are interested in applying for citizenship now or in the future, you need to avoid participating in any kind of marijuana-related activities, and even to avoid working or investing on any marijuana-related companies. According to the report, ICE may also check the applicant’s social media accounts.

Princeton President Eisgruber, leaders of New Jersey universities express concern to Congress about

May 9, 2019
Princeton President Eisgruber, along with other leaders of New Jersey universities, sent a letter to the state’s Congressional delegation, showing their concern that the universities are facing an obstacle in attracting and retaining foreign students and faculties.
Eisgruber initiated this action. And in recent years, he has been trying to convey an idea that international students and faculties are crucial to the development of college campus. Eisgruber also doubted the current immigration policies, and advocated for the DACA program.
For the past few years, New Jersey universities found that the difficulty for international students and faculties to get student/work visa has been rapidly increasing. Other colleges across the country also shared the same idea.
In the letter, it is said that “Our schools vary in mission, size and the makeup of our student bodies, but we all depend on our ability to attract motivated students and scholars from throughout society and around the world. We believe our success in these endeavors plays an important role in building the state’s innovation economy.”
According to a recent research from AILA, compared to the previous two fiscal years, the total time consumed in processing immigration cases has increased 46%, and the number of international students has dropped two years in a row.
Eisgruber率先带头此次行动,近几年来,他一直努力向政府传达国际学生和教师对大学校园的重要性。 Eisgruber对目前的移民政策存疑,并称其”有害”,同时重申“梦想生”计划的重要性。

USCIS acknowledges that its own policies cause case processing delays

May 1, 2019
Last month, USCIS responded to a letter sent by 86 Members of the House of Representatives on February 2019, who demanded explanations for its unreasonable delays in case processing. The response showed some evidence that USCIS’s own misguided policies are the reasons of causing the delays, which is harming millions of individuals, families, and U.S. businesses throughout the country.
In fiscal year 2018, USCIS’s backlog has caused processing delays of over 5 million cases. It marks a 29 percent increase since fiscal year 2016 and a 69 percent increase since fiscal year 2014. Yet, this USCIS response failed to achieve the full transparency into the details behind this crisis.
However, the concept of “USCIS completions per hour” was contained in the letter. The agency has noted that these completion rates measure the “average hours per adjudication of an immigration benefit request.” and also the administration has conceded that “declining completions per hour limit our ability to reduce the current overall backlog.”
Besides, delays result from the issuance of Request for Evidence (RFE) are not accounted for in this measure. So if you are applying any immigration visa, it is important to obtain qualified legal counsel to guide them through the whole process.