voldemar
03-29 03:02 PM
OK, I've done some more homework and this is what I found in the proposed rule text:
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.Good catch!
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.Good catch!
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shreekhand
09-15 11:55 AM
vdlrao,
Are you 100% sure that the data for calendar year 2005 includes the traditional labor certifications as well ? I did not see any in the txt file given on the DoL website for FY 2005.
Remember missing those out could mean missing huge numbers, I know several who filed from Jan 01, 2005 to just before PERM came into the picture in late March 2005.
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
Are you 100% sure that the data for calendar year 2005 includes the traditional labor certifications as well ? I did not see any in the txt file given on the DoL website for FY 2005.
Remember missing those out could mean missing huge numbers, I know several who filed from Jan 01, 2005 to just before PERM came into the picture in late March 2005.
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
alisa
02-18 12:10 PM
Also all arguments came out of UnitedNations unfortunately are already present and deep seated in a very large %age of our compatriots....That is the main reason behind the less mobilization......
I differ with you again, my friend.
The main reason(s) behind less mobilization is this. Pappu described this on a different thread.
1) Ignorance about the true nature of the problem
People like you and I don't know that without a change in the laws, they won't get their greencards for another 10-20 years.
2) Lack of faith and understanding of the system
People like you and I, once they know that they are getting screwed, think that the situation is hopeless. They don't understand that the merits of our case (you alluded to them in your previous posts, the demographic shift due to the baby boomers retiring requires skilled labor in this country), is sufficient to warrant a sympathetic ear to us in the congress. We CAN freaking get out of the mess we are in.
We have to accept these two problems. And then we have to address them. How do we do that? Thats the big question.
I differ with you again, my friend.
The main reason(s) behind less mobilization is this. Pappu described this on a different thread.
1) Ignorance about the true nature of the problem
People like you and I don't know that without a change in the laws, they won't get their greencards for another 10-20 years.
2) Lack of faith and understanding of the system
People like you and I, once they know that they are getting screwed, think that the situation is hopeless. They don't understand that the merits of our case (you alluded to them in your previous posts, the demographic shift due to the baby boomers retiring requires skilled labor in this country), is sufficient to warrant a sympathetic ear to us in the congress. We CAN freaking get out of the mess we are in.
We have to accept these two problems. And then we have to address them. How do we do that? Thats the big question.
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mantric
12-13 12:36 PM
Here's the percentages of the top 10 populations of the world by nationality. How many of them are more than 7% ?
China 20.0 %
India 17.2 %
United States 4.6 %
Indonesia 3.4 %
Brazil 2.8 %
Pakistan 2.6 %
Nigeria 2.5 %
Russia 2.2 %
Bangladesh 2.1 %
Japan 2.0 %
Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.
US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.
The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
http://www.usdoj.gov/crt/voting/intro/intro_c.htm
You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.
China 20.0 %
India 17.2 %
United States 4.6 %
Indonesia 3.4 %
Brazil 2.8 %
Pakistan 2.6 %
Nigeria 2.5 %
Russia 2.2 %
Bangladesh 2.1 %
Japan 2.0 %
Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.
US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.
The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
http://www.usdoj.gov/crt/voting/intro/intro_c.htm
You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.
more...
rayoflight
08-15 02:00 PM
Well it is a big deal for all Indians. I am not talking per se about SRK but as a fellow Indian. Does it take 2 hrs to ascertain his identity when he was here as a guest to the Indian Embassy as a Cultural Ambassador of India to participate in the Indian Independence Day Celebrations!!!
Some of you raised excellent points like would the US Media keep quiet if a Hollywood star is treated out this kinda treatment in India or any country?
Would it keep quiet if:
1) Their ex-president is searched by an airline staff
Our ex-president Shri Abdul Kalaam was searched by Continental
2) Hollywood star is strip searched in a foreign country
Amir Khan was strip searched in Toronto Airport
3) Hollywood star is questioned about their nationality because they dont like American
Neil Nitin Mukesh was questioned in 2008 whether he was Indian since he didn't have features.
and many more incidents...
- Rayoflight
Some of you raised excellent points like would the US Media keep quiet if a Hollywood star is treated out this kinda treatment in India or any country?
Would it keep quiet if:
1) Their ex-president is searched by an airline staff
Our ex-president Shri Abdul Kalaam was searched by Continental
2) Hollywood star is strip searched in a foreign country
Amir Khan was strip searched in Toronto Airport
3) Hollywood star is questioned about their nationality because they dont like American
Neil Nitin Mukesh was questioned in 2008 whether he was Indian since he didn't have features.
and many more incidents...
- Rayoflight
sachug22
09-17 04:51 PM
I do not think it would be 10,000 primary. Probably around 3000 ~ 5000 primary applications. But if you consider dependents yes we may be talking about nearly 10,000 EB2I visas.
I think it is between 3000 and 3500, with depended this comes to 7500.
In 2008, 10% of these already got approved.
Some 10% may have abandon application or used other priority days (porting).
Some 5% may have used cross-chargeable
So we are looking at a number close to 5000-6000 for Jan-March 2005.
I think it is between 3000 and 3500, with depended this comes to 7500.
In 2008, 10% of these already got approved.
Some 10% may have abandon application or used other priority days (porting).
Some 5% may have used cross-chargeable
So we are looking at a number close to 5000-6000 for Jan-March 2005.
more...
ivar
08-15 12:23 PM
--- Deleted ---
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GCard_Dream
10-18 06:11 PM
You are absolutely right. I don’t understand these people who keep comparing US with Canada and there are fair number of these people.
The reason you came to US and didn’t go to Canada (or any other country for that matter including your home country) because you prefer to stay in US and you like what it has to offer you. So obviously you’ll always find something that you don’t like in other countries. This is not to say that any one country is better or worse than any other but you came here because you feel that this country has more to offer you than other countries and that could be a very subjective decision. Trust me there are plenty of people who would never want to migrate to US.
Having said that lot of us are thinking about leaving because US is making harder and harder for people like us to stay here and lot of us don’t want to put our lives on hold for years and years hoping that may be one day I’ll hit the jackpot called green card. On the other hand, lot of us don’t mind waiting and have been waiting for long time. It’s a matter of preference. Remember you are supposed to be a guest here. Do your work and get the hell out of here. Only 140000 guests are allowed to stay back and rest have to pack their bags. I mean that’s the real intent behind this quota system.
To make long story short, for lot of people US is not the option available on the table so quit comparing US against others. Just think about where you might end up if you didn’t move to Canada and compare that country against Canada.
What's your choice? Home Country and Canada. The choice isn't between US and Canada. If you had an option to live in US you wouldn't be talking about canada.
If you compare US to canada you are all set for disappointment. The taxes are higher and jobs are definitely harder to find. Eveything is a little more expensive compared to US. (If you look at books CDN prices are always higher). But on the other hand, houses are way cheaper. What cost 600 K in SF Bay Area costs 350 K in Toronto suburb.
Canada still has a higher standard of living than Europe/Australia. I recently met someone who's been in Canada for 40 years and he told me that the highest tax bracket is 35%. It used to be 45% about 10 years ago.
Anyway, compare with going back home not US.
The reason you came to US and didn’t go to Canada (or any other country for that matter including your home country) because you prefer to stay in US and you like what it has to offer you. So obviously you’ll always find something that you don’t like in other countries. This is not to say that any one country is better or worse than any other but you came here because you feel that this country has more to offer you than other countries and that could be a very subjective decision. Trust me there are plenty of people who would never want to migrate to US.
Having said that lot of us are thinking about leaving because US is making harder and harder for people like us to stay here and lot of us don’t want to put our lives on hold for years and years hoping that may be one day I’ll hit the jackpot called green card. On the other hand, lot of us don’t mind waiting and have been waiting for long time. It’s a matter of preference. Remember you are supposed to be a guest here. Do your work and get the hell out of here. Only 140000 guests are allowed to stay back and rest have to pack their bags. I mean that’s the real intent behind this quota system.
To make long story short, for lot of people US is not the option available on the table so quit comparing US against others. Just think about where you might end up if you didn’t move to Canada and compare that country against Canada.
What's your choice? Home Country and Canada. The choice isn't between US and Canada. If you had an option to live in US you wouldn't be talking about canada.
If you compare US to canada you are all set for disappointment. The taxes are higher and jobs are definitely harder to find. Eveything is a little more expensive compared to US. (If you look at books CDN prices are always higher). But on the other hand, houses are way cheaper. What cost 600 K in SF Bay Area costs 350 K in Toronto suburb.
Canada still has a higher standard of living than Europe/Australia. I recently met someone who's been in Canada for 40 years and he told me that the highest tax bracket is 35%. It used to be 45% about 10 years ago.
Anyway, compare with going back home not US.
more...
nixstor
07-03 06:34 PM
Wish the Senators a Happy Independence Day in the mail ....
Lets go guys its time to fill up those emails and fax machines .....
Please try to understand who is a senator and who is a representative. While that might not make any difference to us, it is of great importance if some one happens to get on our forums. Rep Zoe Lofgren. Not Senator Lofgren
Lets go guys its time to fill up those emails and fax machines .....
Please try to understand who is a senator and who is a representative. While that might not make any difference to us, it is of great importance if some one happens to get on our forums. Rep Zoe Lofgren. Not Senator Lofgren
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americandesi
08-16 03:39 PM
Let's look at the following news items
"If Pepsi is banned in India, I would go to the US and drink it� - SRK in 2006. This shows that SRK is nothing but a money minded freak who'll do anything for big bucks.
"SRK was cleared in 66 minutes, say US officials". This shows the true picture of the incident and whatever happened was routine and nothing was intended to single out SRK.
"I was questioned for two hours"- SRK. This shows the dishonesty and exaggeration of the incident, which the actor feels has hurt his ego. It's like "Mommy! US has pinched me OOOOO"
"I don't feel like stepping on American soil any more, but it is the love and affection of millions of his fans in the US which would bring him to this country again and again." - SRK. It's like "I don't feel like eating Ice-cream anymore. But since you all fans want me to eat it, I'm gonna eat it again and again"
"Cabinet minister suggested a "tit-for-tat" policy toward Americans traveling to India". This shows that we don't have any brains of our own and a "tit-for-tat" policy is intended more as a revenge rather than a matter of national security.
"Angry fans in the northern city of Allahabad shouted anti-U.S. slogans and burned an American flag." This shows the ignorance, illiteracy and hero worship that's rampant in India.
"India to take SRK detention issue strongly with US ". This shows that the govt. of India has got no better things to do, but feels that VIP treatment to movie stars is more important than nation's security. Moreover SRK visit to US was purely personal to promote his film and has got nothing to do with govt. of India.
"21 farmers end lives in 40 days in Andhra". Is anyone looking into this? Helooooo.
"If Pepsi is banned in India, I would go to the US and drink it� - SRK in 2006. This shows that SRK is nothing but a money minded freak who'll do anything for big bucks.
"SRK was cleared in 66 minutes, say US officials". This shows the true picture of the incident and whatever happened was routine and nothing was intended to single out SRK.
"I was questioned for two hours"- SRK. This shows the dishonesty and exaggeration of the incident, which the actor feels has hurt his ego. It's like "Mommy! US has pinched me OOOOO"
"I don't feel like stepping on American soil any more, but it is the love and affection of millions of his fans in the US which would bring him to this country again and again." - SRK. It's like "I don't feel like eating Ice-cream anymore. But since you all fans want me to eat it, I'm gonna eat it again and again"
"Cabinet minister suggested a "tit-for-tat" policy toward Americans traveling to India". This shows that we don't have any brains of our own and a "tit-for-tat" policy is intended more as a revenge rather than a matter of national security.
"Angry fans in the northern city of Allahabad shouted anti-U.S. slogans and burned an American flag." This shows the ignorance, illiteracy and hero worship that's rampant in India.
"India to take SRK detention issue strongly with US ". This shows that the govt. of India has got no better things to do, but feels that VIP treatment to movie stars is more important than nation's security. Moreover SRK visit to US was purely personal to promote his film and has got nothing to do with govt. of India.
"21 farmers end lives in 40 days in Andhra". Is anyone looking into this? Helooooo.
more...
Keeme
04-16 12:50 PM
Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???
www.theatlantic.com/doc/200904/india-modi - Intresting article on Narendra Modi.
www.theatlantic.com/doc/200904/india-modi - Intresting article on Narendra Modi.
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arnab221
06-11 04:13 AM
At least Mr Oppenheimer has told the truth that it is curtains for EB2 and EB3 India and China and brought all the hopefuls to the ground . Passing CIR is a distant dream.
Thank you Mr Oppenheimer ! At least you had the guys to spell out the bitter truth , so that we could plan accordingly and plan our return .
Thank you Mr Oppenheimer ! At least you had the guys to spell out the bitter truth , so that we could plan accordingly and plan our return .
more...
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mnkaushik
07-14 10:18 AM
My Priority date is Jan 2004, EB3-India category having approved I-140 and applied 485. I have sent my EAD and aP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) and has applied for EAD and aP renewal which expire in last week fo October. We both applied independently and are using our H1bs and not EAds.
Since my spouse's PD is going to be current in August'2008, I was planning on applying for a second 485 as a dependent on my spouse's application. Questions i have are -
1) I did my medical for previous 485 in June of last year, is that still valid?
2) Can I still keep my previous 485 application or should I cancel it.
3) What should i do about my AP and EAD? I have travelling job and am thinking of looking for a local job around end of the year or begining of next year. So would like to know what I should do about EAD and AP
Lastly is there something i am not thinking of?
Will greatly appreciate your response.
Since my spouse's PD is going to be current in August'2008, I was planning on applying for a second 485 as a dependent on my spouse's application. Questions i have are -
1) I did my medical for previous 485 in June of last year, is that still valid?
2) Can I still keep my previous 485 application or should I cancel it.
3) What should i do about my AP and EAD? I have travelling job and am thinking of looking for a local job around end of the year or begining of next year. So would like to know what I should do about EAD and AP
Lastly is there something i am not thinking of?
Will greatly appreciate your response.
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STAmisha
08-28 06:53 AM
I went through www.canadavisa.com . they are good
BTW, Jobs in Canada requires local licenses etc. So you better checkout.
But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)
BTW, Jobs in Canada requires local licenses etc. So you better checkout.
But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)
more...
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ujjwal_p
10-16 03:27 PM
I don't care about the logic but, I like what you said!;)
Now that's a customer I want. Someone who can take no logic and all fluff. jk :)
Now that's a customer I want. Someone who can take no logic and all fluff. jk :)
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neil.0505
08-08 04:07 PM
No you will have to get your visa stamped with the new approval from Company B before reentering the US.
Thanks you for your reply.
Q. Can I travel to canada by car and avoid a new VISA stamping ?? (I have a valid I-94).
Thanks,
Neil
Thanks you for your reply.
Q. Can I travel to canada by car and avoid a new VISA stamping ?? (I have a valid I-94).
Thanks,
Neil
more...
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mariusp
03-29 02:19 PM
OK, I've done some more homework and this is what I found in the proposed rule text:
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
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pcs
07-03 04:02 PM
Which congressman did you call?
Thanks.
Ralph Regula in Ohio
Thanks.
Ralph Regula in Ohio
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lazycis
02-14 12:19 PM
No one can prove that USCIS intentionally took decisions so that they waste the visas.
Well, I can prove it based on the recent name check memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
See also most recent Mocanu ruling
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
"USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "
Why should people suffer because of government screw up?
Well, I can prove it based on the recent name check memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
See also most recent Mocanu ruling
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
"USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "
Why should people suffer because of government screw up?
sumagiri
07-25 08:40 AM
IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.
gc28262
01-14 01:14 PM
V true.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
You are wrong. Look behind the scenes to understand what is really happening. Who forced this memo ? Who made this lawmaker to write letters to USCIS director ? You were not watching while all the background work was being done by anti-immigrants.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
You are wrong. Look behind the scenes to understand what is really happening. Who forced this memo ? Who made this lawmaker to write letters to USCIS director ? You were not watching while all the background work was being done by anti-immigrants.