IndiaPost.com - October 2008 immigration update

Employment Visa Categories Backlogged

The October 2008 Visa Bul- letin disseminated by the Department of State's Visa Office notes that the May 2008 Visa Bulletin had stated that many employment cut-off dates had been advancing very rapidly, based on indications that US Citizenship and Immigration Services (USCIS) would need to review a significantly larger pool of applicants than there were numbers available to maximize number use under the fiscal year (FY) 2008 annual limits.

The May Bulletin also stated that if the USCIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY 2008. USCIS estimates have proven to be very high, the October Bulletin notes, resulting in (1) the unavailability of all employment third preference categories beginning in July, (2) the unavailability of visa numbers for China and India employment second preference adjustment of status cases during September, and (3) the establishment of many October employment category cut-off dates that are earlier than those that applied during FY 2008.

Little if any forward movement of the cut-off dates in most employment categories is likely until the extent of the USCIS backlog of old priority dates can be determined, the State Department noted, estimating that the FY 2009 employment-based annual limit will be very close to the 140,000 minimum.

The EB-3 cutoff of January 1, 2005, is disappointing given the fact that it regressed 17 months from March 1, 2006, in June when the Visa Office opined that it would fully recover by October. The specter of little forward motion, and the fact that priority dates were in the 2002 range through much of the last fiscal year, gives little cause for comfort. Such employees may wish to consider filing for the DV-2010 lottery (see next story).

The October 2008 Visa Bulletin is available at

http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html. DV-2010 Visa Lottery Entry Period Begins The DV-2010 Lottery online entry period runs from noon EDT on October 2, 2008, to noon EST on December 1, 2008.

For DV-2010, Russia has been added back to the list of eligible countries. Kosovo was also added. No countries have been removed from the list of eligible countries. Information and instructions for the DV-2010 lottery are available at http://travel.state.gov/visa/immigrants/types/types_1318.html. Employers concerned about delays for workers caught in the EB-3 backlog (see prior story) may wish to encourage such employees to file for the DV lottery.

EAD Delays: What to Do?

US Citizenship and Immigration Services' ombudsman has been receiving numerous inquiries about employment authorization document (EAD) applications pending more than 90 days. USCIS regulations require the agency to approve EAD applications within 90 days, but that is not happening in some cases. The USCIS ombudsman recommends the following steps:

Step 1: Call USCIS National Customer Service Center (NCSC) at 1-800 375-5283 and record the time and date of the call and the name and number of the representative:

• Explain to the representative that your EAD has been pending more than 90 days and ask for a "service request." You should receive a response to your service request within a week.

• Ask the representative to request an interim card for you. You should receive an EAD or response within a week.

Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office at http://www.infopass.uscis.gov. During the appointment, ask to apply for an interim EAD.

The ombudsman notes that USCIS local offices no longer issue interim EADs, but the local office can review your case and determine eligibility. The local office will then forward your request to the appropriate USCIS Service Centers. You should receive an EAD or response within a week, the ombudsman states.

Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, the ombudsman asks that you e-mail: cisombudsman.publicaff airs@dhs.gov the details of your efforts. Include the date and time of your call to the NCSC and the name of the representative. If you visited a USCIS office, provide that information. The ombudsman promises to "look into your case and review how we may be of assistance."

For all other case inquiries, the ombudsman says you should submit DHS Form 7001 to the ombudsman's office.

For more on this issue, see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm.

(to be continued)