Newspapers are reporting today that during the official Q&A session following the  Chicago bid for the Olympic Games, I.O.C. member, Syed Shahid Ali, from  Pakistan , asked President Obama how smooth it would be for foreigners to enter the United States for the Olympic Games because doing so can sometimes be “a rather harrowing experience.”

While this I.O.C. member’s concerns raise a red flag about the need for a change in our immigration
policies, a litany of voices have been warning for years that the  U.S. is slowly adopting an anti-visitor policy that is harming business, higher education and families. Stories in the press and report after report have all highlighted how our broken immigration system is hampering our nation’s ability to attract the best and the brightest and stay competitive with other nations around the world.  For more on this

Our Immigration Newsletter and Podcast are now available.  This month’s issue addresses Immigration Reform, Employer Compliance Issues, Healthcare and IT news.  We link here

Further to our below blog post, the USCIS today published Q&A on the pending employment-based case inventory.  We link to this for your reference.

The first question that they answer is always what we wonder about, and that is:

Q: Why is the wait so long for my employment-based green card?

A: A visa must be available before a person can obtain an employment-based green card.  Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately.  Therefore, some people have to wait in line until a visa is available.  The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year.  About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad.  Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa.   How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.

Q: What information do I need to have before using the pending Form I-485 inventory reports?

A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports.  For more information on priority dates and preference categories, see the “Visa Availability & Priority Dates” and “Green Card Eligibility” links to the right.

Q: How do I read the pending I-485 inventory reports?

A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category.  You will see that each chart has different numbers for each month and year.   These numbers show how many green card applicants have priority dates in that month and year.  To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months.

USCIS Releases I485 Inventory

On September 23, 2009, remarkably, USCIS for the first time published an inventory of I-485 data online. Applicants can more reliably estimate their expected waiting time for green cards and thus, finally make informed life decisions in career development, family, and becoming new Americans. Congratulations to USCIS, particularly Deputy Chief of Service Center Operations Robert Kruszka and his team, for working with stakeholders including the Legal Immigrant Association in particular and recognizing the importance of making this inventory public.

We link to Q&A and the Inventory Tracker.

After looking at these startling numbers, there is no question that our immigration system needs reform!

Take a look at our very informative Update and review of the regulation and resources for your tool box. If you’re not signed up to receive our poddcasts and NewsFLASHES please do so.

We are always available for consultation.  If you are seeking competent immigration counsel for your compliance matters, contact us

Too bad that he didn’t get a chance to see comprehensive immigration reform legislation for which he ardently supported the last many years.  Here is a wonderful tour of his life from USA Today

For a timeline of Senator Kennedy’s career

The date is just about upon us, subject to the US District Court’s ruling on US Chamber of Commerce v. Napolitano, in which a coalition of business groups is suing the government to enjoin implementing a regulation that would require certain federal contractors and their subcontractors to use E-Verify.  The Judge is expected to issue his ruling in the case in approximately 1 week.

So, what will be expected if these requirements are implemented?  Federal contracts will begin to use new language requiring the use of E-Verify to verify the employment eligibility of all new hires, as well as existing employees who work on the federal contract.  This will apply to contractors with a performance period longer than 120 days and a value over $100,000.  Service or construction subcontracts of a covered contract would also be required to include the E-Verify clause, if the value of the subcontract is over $3,000.

The Senate approved an amendment to the FY 2010 DHS Appropriations Bill that codifies a federal contractor’s obligation to use E-Verify, but without the above-mentioned parameters and exemptions.  If the amendment becomes law, it would limit DHS’ ability to implement the federal contractor E-Verify rule as it now exists.  Both chambers of Congress are scheduled to meet in September to agree on a final package.  We are not sure if the E-Verify amendment will be included or not at this time.

Immigration Solutions will continue to monitor the FAR developments. If you have any questions about this or any other compliance issues, please contact us for more information at info@immigrationsolution.net or 1 562.612.3996.  Here is a link to our compliance services and solutions.

For what may by the first time, the number of H-1B petitions withdrawn by applicants or rejected by U.S. authorities is exceeding the number of new petitions for the visas – as published in Computerworld 7/22/2009.  Employers are finding it impossible to respond to the burdensome and extensive requests for additional evidence, and are withdrawing their petitions in this season of high scrutiny and enforcement.

We link to this article.

If you have a case pending at one of the Service Centers, you need to know about the new and improved procedures for obtaining case status.  We link to this important notice.

Global Entry expedites the customs and security process for trusted air travelers while helping DHS ensure the safety of all airline passengers,” said Secretary Napolitano. “Expanding this vital program allows us to improve customer service at airports and concentrate our resources on higher-risk travelers.”

Starting Aug. 24, new Global Entry enrollment centers and kiosks will open at 13 additional international U.S. airports in Boston, Dallas, Detroit, Fort Lauderdale, Fla., Honolulu, Las Vegas, Newark, N.J., Orlando, Fla., Sanford*, Fla., Philadelphia, San Juan, Puerto Rico, San Francisco and Seattle.