ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Greg Siskind on Immigration Law and Policy

2010 USCIS OMBUDSMAN REPORT TO CONGRESS

Rate this Entry

Here's the report from the official watchdog agency monitoring the performance of USCIS.



USCIS Ombudsman 2010 report to Congress -

Submit "2010 USCIS OMBUDSMAN REPORT TO CONGRESS" to Facebook Submit "2010 USCIS OMBUDSMAN REPORT TO CONGRESS" to Twitter Submit "2010 USCIS OMBUDSMAN REPORT TO CONGRESS" to Google Submit "2010 USCIS OMBUDSMAN REPORT TO CONGRESS" to StumbleUpon Submit "2010 USCIS OMBUDSMAN REPORT TO CONGRESS" to Reddit Submit "2010 USCIS OMBUDSMAN REPORT TO CONGRESS" to Digg Submit "2010 USCIS OMBUDSMAN REPORT TO CONGRESS" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. USC's Avatar
    Thanks, Greg.

    Two item to note:

    EB3 India can hope for CIR or get a MSc and try to upgrade to EB2 otherwise they are confronting a hopeless situation:

    "the Ombudsman notes that out of 141,019 EB-3 green card cases queued-up worldwide, approximately 43 percent are chargeable to India, and 64 percent of the cases with priority dates before 2004 similarly are chargeable to India.......the data suggest that many thousands of green card applicants of Indian nationality will be waiting years, if not decades, for the approval of their green card cases."

    Here is the explanation on the rapid FB movement:

    "Although the waiting list for family preference categories indicates a large pool of potential green card applicants, actual demand has been low for approximately the past 15 months. The Visa Bulletin cut-off dates have moved forward quickly in an effort to generate green card filings by the beneficiaries of approved family petitions. The F2 category
    (for certain eligible relatives of lawful permanent residents has shown the greatest movement. Unless eligible applicants file for their green cards, a significant number of family-based visas may go unused in FY 2010."

    It would appear that State has been too conservative in the past in moving the PDs:

    "Last year, approximately 10,700 family-based visas went unused, and were issued to employment-based immigrants."

    IOW, we don't know:

    "With DOS advancing cut-off dates swiftly, it is difficult to predict whether the forward movement of the cut-off dates will generate the necessary and intended demand to utilize fully the statutory family-based visa allocations, or create a surge and resulting retrogression."

    The report cites many reasons for low demand but I was struck by these two (illegals losing their IVs and the State of the US economy). Either way we are in unchartered territory:

    "While their priority date may be current according to the Visa Bulletin, some approved I-130 beneficiaries who are present in the United States may be unable to complete the last step of the immigration process because of defects that exist in their immigration status including, but not limited to, entering the United States without inspection or working without permission. Some of these same beneficiaries cannot leave the United States to consular process without triggering the three or ten year re-entry bars."

    "Global economic conditions could also explain part of why actual visa demand appears out of alignment with the DOS waiting list. Some beneficiaries may choose not to immigrate because they see greater opportunity in their home country."
  2. My 2 cents's Avatar
    CIR for EB3 seems far fetched, everyone knows Indians are the most backlogged in that category. USCIS has to do a better job utilizing the EB quota limiting the unused visas.

    "Unless eligible applicants file for their green cards, a significant number of family-based visas may go unused in FY 2010."

    If these applicants do not file, within the time frame the USCIS has to aggresive with processing others in line who would be willing to proceed with their applications.
  3. George Chell's Avatar
    I hope they increase the slots for EB2 and EB1 and reduce the slots for EB3. However, with budget cuts fewer American students will attend college coming academic year, and more foreign students. Interesting that CIS and FAIR are not protesting this...however they will return by 2014 or even 2012 when the economy had picked up saying we should train Americans first! At that time the pros should ask racists Kirkorian, Stein, Vaughan and Camarotta where they were in 2010 when American students were subjected to state budget cuts.
  4. Jim's Avatar
    "I hope they increase the slots for EB2 and EB1 and reduce the slots for EB3"

    Increasing EB1 is not practical as visa numbers allotted for EB1 are always been under-utilized because of very low demand and any visa numbers unused under EB1 are always given to EB2 anyway.

    It is the EB3 that is backlogged the most and this where the nurses falls under, so reducing it is going to be counter-productive.

  5. LFWF's Avatar
    My 2 cents:

    I am fairly certain that when USC says that EB3 needs a CIR, he does not mean "CIR for EB3". By definition, a CIR is comprehensive. The subsequent argument is therefore moot.
  6. George Chell's Avatar
    "Increasing EB1 is not practical as visa numbers allotted for EB1 are always been under-utilized because of very low demand and any visa numbers unused under EB1 are always given to EB2 anyway."

    They can channel all researchers with PhD into EB1...After all what is the proportion of PhDs in an intending immigrant population...proably about 2-3%. H1 researchers should use more of the EB1 slot. Borjas estimates that nearly half of all foreign students who stay in the US marry American citiznes and stay in the country. Estimates by the US government and international orgs show the same result. I know at least ten researchers who took this route.
  7. SG's Avatar
    The point to note here is that many with a Masters degree from US are still filed under EB3,because the job requirement was for a bachelor's only. Any EB2 with similar situation were getting audited for similar reasons. SO many took the safe route of applying in EB3 after having a masters under their belt. And for India the cutoff dates for EB3 is Jan 2002. I am pretty sure not many are going to wait for their green cards anymore.
    Great immigration rules. keep it going and talk about equality and fairness. It is complete BS.
  8. George Chell's Avatar
    "The point to note here is that many with a Masters degree from US are still filed under EB3,because the job requirement was for a bachelor's only. Any EB2 with similar situation were getting audited for similar reasons. SO many took the safe route of applying in EB3 after having a masters under their belt. And for India the cutoff dates for EB3 is Jan 2002. I am pretty sure not many are going to wait for their green cards anymore.
    Great immigration rules. keep it going and talk about equality and fairness. It is complete BS."

    They will go home or to a third country and take jobs with them and hence tax revenue, something not considered by the morons on the debt commission....

    http://www.google.com/hostednews/afp/article/ALeqM5iKJIG3uYxgAKJ6q2UG1VUvqJPvkg

    And one of the morons may not be a moron at all..his goal was to restrict skilled migration so that jobs would move abroad, and then come back to cut social security when tax revenues dry up!

  9. USC's Avatar
    My 2c:

    "If these applicants do not file, within the time frame the USCIS has to aggresive with processing others in line who would be willing to proceed with their applications."

    I agree with the sentiments expressed but going forward I believe the burden with respect to the FB categories is going to be on State rather than INS. Page 26 has this little nugget:

    "As shown in Figure 14, in FY 2009, USCIS used approximately 88 percent of all employment-based immigrant visa numbers, and DOS used the remaining 12 percent via consular processing. By comparison, in FY 2009, DOS used 53 percent of the worldwide total of family-based immigrant visas, and USCIS used 47 percent."

    If you consider only categories EB1 thru EB3, INS demand is as high as 96% and State is only 4%. On FB it seems to be half and half. Given that FB4 has just crossed 4/22/01 (which is the last time Section 245i was in effect), going forward INS demand for FB categories is going to be almost non-existent and hopefully State will recognize this new paradigm when they issue new Visa Bulletins.

    LFWF:

    "I am fairly certain that when USC says that EB3 needs a CIR, he does not mean "CIR for EB3". By definition, a CIR is comprehensive."

    You are correct. The way out of this mess is for CIR to package a quota free green card with a F1 visa for students attending the top 100 US schools. H1bers should have the right, at their option, of getting a quota free visa after working for 4 years (the same time it takes to earn a BSc for a F1) in the US.

    SG:

    "The point to note here is that many with a Masters degree from US are still filed under EB3,because the job requirement was for a bachelor's only. Any EB2 with similar situation were getting audited for similar reasons. SO many took the safe route of applying in EB3 after having a masters under their belt. And for India the cutoff dates for EB3 is Jan 2002. I am pretty sure not many are going to wait for their green cards anymore."

    I hope I wasn't being insensitive in my comments, but the unfortunate situation is that there are 60,638 EB3 applicants from India. Given that the EB3 quota is 40,040 with a per country limit of only 2,803. So, someone applying today is looking at a wait of 22 years. Admittedly, this is a worst case scenario as quota from the other categories may spill over, others in line may upgrade to a differenet category, cahnge their mind or given the long wait, even die.

    Your comments are of course right on the beam but given this kind of wait and given the way the politicians do things those holding a MSc might want to consider a job which makes use of their qualifications and shortens this horrendous wait!

  10. USC's Avatar
    I might also note that Figure 14 shows a principal:derivatives ratio ranging from 1:1 (EB4) to 1:2 (EB5). EB3 is 1:1.2 (meaning that the applicant has a spouse and 20% of them also have a child). Given that the wait time is now 22 years this ratio is likely to increase which would greatly increase the 22 year wait, perhaps, to as much as 48 (22*2.2) years. EB3 needs to be addressed by Congress.
  11. LFWF's Avatar
    USC:

    The ratio will not increase because any children born during the longer wait will be US citizens in all likelihood.
  12. USC's Avatar
    "The ratio will not increase because any children born during the longer wait will be US citizens in all likelihood."

    Thanks. Good point!
  13. USC's Avatar
    Attorney's Cyrus Mehta & Gary Endelman, in an eloquent article, call the Hate State's law evil:

    http://cyrusmehta.blogspot.com/2010/07/no-room-at-inn-sb-1070-and.html

    "is the only way for this evil law to be enforced"

    Link courtesy of Bender's Immigration Bulletin.
  14. George Chell's Avatar
    While racist Kirkorian and his equally racist CIS wants fewer foreign students, it is very evident that the bigot has little or nothing to say about the pathetic state of US educational attainment...

    http://www.washingtonpost.com/wp-dyn/content/article/2010/07/22/AR2010072201250.html?wprss=rss_metro

    Racist Kirkorian always says we should train Americans first. But, where is he when budgets are being cut? Ah yes! He will show up in a couple of years town when shortages mean we have to hire foreigners...then he will say we need to train Americans for the jobs! But, heck, no protests or demonstrations suggesting that if we dont train Americans foreigners will take our jobs!
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: