H-1B工作签证 移民局拒绝率暴降
世界新闻网
01/17/2022
川普执政近四年间移民政策紧缩，申请H-1B工作签证拒绝率飙升；如今改朝换代，移民政策逐步放宽。根据美国政策基金会(National Foundation for American Policy，NFAP)日前出炉的最新报告，申请H-1B工作签证在2021财政年的拒绝率暴降为4%，显著低于川普执政首年2018年拒绝率24%。多位长年处理H-1B工作签证案件的移民律师都表示，对于移民局「刁难」程度大降相当有感。
根据NFAP的报告，H-1B工作签证拒绝率在川普时代颇高，2018财政年拒绝率为24%、2019财政年拒绝率为21%、2020财政年拒绝率为13%。报告显示，在2020年财政年期间，法院判决川普移民政策有违法现象，且移民政策缩紧赶走许多外国劳工。NFAP指出，若不是法院的判决，2020年财政年的H-1B拒绝率可能更高。后来工作签证拒绝率趋缓状况在2021年第四季开始出现，当时也是川普总统的最后时期。2021财政年后期拜登上任总统，工作签证低拒绝率情况持续迄今。
移民律师在处理H-1B案件时，也感觉到移民局态度不同。许俊良表示，移民局在批准案件上的态度确实有所缓和，不再过于刁难。在川普执政时期，移民局在审核案件上，相当注重工作签证申请人的专业是否相符，公司是否有雇用外籍人士的必要性等，移民局甚至会以各种理由刁难，有些理由让人有种「很不想让案件通过」的感觉，如今这种刁难的成分明显减少很多。
另外，许俊良提到，川普时代以企画或商业背景申请相关工作的申请人，被拒的案件相当多。最近移民局释出一项公告，2018年、2019年因以上原因被拒的案件申请人，可以重新上诉。不过，时隔三年再上诉可能有点晚了，这更像是个政策宣示，意味着移民局过去严格的审核态度已开始有转变。
移民律师蔡玟慧也对移民局态度缓和有感。他表示，最近感觉H-1B申请案件的补件要求变少了，且移民局在审核案件上也不再像以往一样刁难。移民局作业操作上有明显差别，以前移民案件整体上来说速度都很缓慢，最近感觉案件开始动起来了，她认为这可能与移民局上班较为正常的情况也有关系。另外，绿卡申请，很多人现在不需面试就拿到绿卡。
Denial rate for H-1B visas drops sharply under Biden administration: analysis
The H-1B visas program has been dogged by concerns of abuse
The denial rate for H-1B visa petitions dropped sharply under the Biden administration to the lowest record level, according to a new analysis — with Amazon winning the most petitions in FY 2021.
According to an analysis by the National Foundation for American Policy, only 4% of petitions were denied in FY 2021, down from 13% in FY 2020 and down from the high of 24% in FY 2018.
The controversial H-1B visa program is a guest worker program purportedly for high-skilled workers and is predominantly used by the tech industry. It has faced accusations for years that it is used by Big Tech companies to import cheaper foreign workers and displace American workers. Supporters of the program say it allows companies to get high-skilled workers in a tight labor market.
The Trump administration introduced a number of measures to crack down on fraud and abuse in the system, introducing rules at the end of 2020 to change the methodology of how a “prevailing wage” is set and narrowing the definition of a “specialty occupation.” But those rules never went into effect.
The analysis found that the denial rates in FY 2021 and FY 2015 were similar, concluding that the Trump years were “an aberration” due to the restrictive policies that were ultimately blocked by the courts.
Meanwhile, the analysis found that Amazon had the most approved H-1B petitions approved in FY 2021, something that was also the case in FY 2020. Among the top petitioners were Google, IBM and Microsoft, along with a number of Indian tech firms. That data was first reported by Axios.
Typically, companies can bring in up to 85,000 workers in a year under the program, and applicants come predominantly from India and China. The H-1B visa program has been a key target of immigration hawks for years, and a push against the abuse of the program has coincided with an increased crackdown by Republicans on Big Tech companies like Apple, Microsoft and Facebook — which make up some of the top recipients of the program.
Former Vice President Mike Pence in July called for President Biden to ban H-1B visas for Chinese nationals employed by U.S. tech companies amid concerns about the threats to American intellectual property and national security.
Meanwhile, Rep. Jim Banks, R-Ind., in November introduced a bill to reform the program. That bill would set a wage floor for recipients equal to that being paid to American workers in the same position.
The legislation would also limit the ability of companies to partner with third-party companies to fill H-1B visa spots.
美国暂时豁免H-1B等签证申请人进行面对面的面试
文 / 陈慧璋
12/23/2021
（早报讯）美国将允许领事馆官员豁免H-1B工作签证申请人及其他特定非移民签证申请人进行面对面的面试，以协助缩短签证申请等候时间。这项措施将持续至2022年。
路透社报道，美国国务院在周四（23日）的一份声明中表示，冠病大流行导致其部门的签证处理能力大幅下降。
声明说：“随着全球旅行回升，我们决定采取这些临时措施以缩减签证申请的等候时间，在以国家安全为优先的前提下，进一步提升效率。”
即日起，美国领事馆获授权暂时豁免十余种签证类别申请者的实体面试，其中包括特殊专业签证（H-1B签证）、学生签证、临时农业和非农业工人签证、学生交流访问者签证，以及运动员、艺术家和演艺人员签证。
美国国务院还表示，在签证到期后的48个月内为申请更新同一签证类别签证进行面对面面试的豁免授权也已无限期延长。
受冠病大流行影响，美国国务院于2020年3月暂停了全球大多数国家的所有常规签证服务。虽然少部分服务已优先恢复，但积压多时的签证申请导致某些签证的预约等待时间长达多个月。
Expanded Interview Waivers for Certain Nonimmigrant Visa Applicants
12/23/2021
The Department of State recognizes the positive impact of temporary work visa holders on the U.S. economy and is committed to facilitating nonimmigrant travel and reducing visa wait times. We are pleased to announce that consular officers are now temporarily authorized, through December 31, 2022, to waive in-person interviews for certain individual petition-based nonimmigrant work visas and their qualifying derivatives in the following categories: Persons in Specialty Occupations (H-1B visas), Trainee or Special Education Visitors (H-3 visas), Intracompany Transferees (L visas), Individuals with Extraordinary Ability or Achievement (O visas), Athletes, Artists, and Entertainers (P visas), and Participants in International Cultural Exchange Programs (Q visas).
Additionally, the Secretary of State has extended consular officers’ current ability to waive the in-person interview, through December 31, 2022, for the following other categories of nonimmigrant visas: Temporary Agricultural and Non-agricultural Workers (H-2 visas), Students (F and M visas), and Student Exchange Visitors (Academic J visas). We recognize the many contributions of international visitors to our communities and campuses. Lastly, the authorization to waive the in-person interview for applicants renewing a visa in the same visa class within 48 months of the prior visa’s expiration has been extended indefinitely.
The COVID-19 pandemic resulted in profound reductions in the Department’s visa processing capacity. As global travel rebounds, we are taking these temporary steps to further our commitment to safely and efficiently reduce visa wait times while maintaining national security as our priority. We made this determination with the concurrence of our Department of Homeland Security partners.
Embassies and consulates may still require an in-person interview on a case-by-case basis and dependent upon local conditions. We encourage applicants to check embassy and consulate websites for more detailed information about this development, as well as current operating status and services. For more information, visit https://travel.state.gov/content/travel/en/News/visas-news/important-announcement-on-waivers-of-the-interview-requirement-for-certain-nonimmigrant-visas.html.
For press inquiries, please contact CAPRESSREQUESTS@state.gov.
H-1B签证舞弊犯 判监禁15个月 曾助600人非法进入硅谷
世界新闻网
11/25/2021
2022年H-1B工作签证申请季在即，移民局也加强了对于H-1B签证舞弊的打击力度。联邦司法部日前在一份新闻稿中说，46岁的桑尼维尔居民卡乌卢（Kishore Kumar Kavuru），因签证欺诈罪被判处15个月的监禁。该名男子曾帮助超过600人通过递交多份签证申请的方式进入硅谷工作。
司法部表示，根据认罪协议，卡乌卢是四家人事公司的首席执行官。这四家公司通过了H-1B资质认证，被允许临时雇用外籍员工，并将这些员工最终安置在硅谷的科技公司。
卡乌卢曾在2018年被指控犯有10项邮件欺诈罪和10项签证欺诈罪。2009年至2017年，他提交了100多份H-1B申请，「虚假描述H-1B职位，并谎称将员工安置在了其他公司中。」官员说。
疫情大流行使得全美就业市场长期低迷，许多外籍员工都选择返回家乡陪伴家人。当大家都以为H-1B工作签证的申请难度会相应降低时，现实却出乎所有人的意料。
根据美国移民局的数据，2021年共收到超过27万份H-1B的申请，比2020年度的申请人数还要高出7万人。同时，2021年的H-1B签证的中签率还创下了十几年以来的新低，更有新闻曝出有大量空壳、外包公司帮助申请者非法提交多份申请，以提高中签概率。年初，部分华人还发起了反对「H-1B舞弊」的活动，集体诉讼移民局对申请审查的不力。
官员表示，卡乌卢要求他的客户向他支付数千元的现金作为报酬，以帮助他们提交申请，并寻找一份「数月无薪水」的工作。根据一份审判备忘录显示，卡乌卢至少从中赚取了150万元。
除了15个月的监禁以外，卡乌卢还将被罚款53万元，并在出狱后的三年接受监管。他将于明年2月10日开始服刑。
Department of Justice
U.S. Attorney’s Office
Northern District of California
FOR IMMEDIATE RELEASE
Tuesday, November 23, 2021
Sunnyvale Man Sentenced To 15 Months For Visa Fraud
Defendant Falsified Over 100 H-1B Visa Applications And Obtained More Than $1.5 Million In Fraud Proceeds
SAN JOSE – Kishore Kumar Kavuru was sentenced late yesterday in federal court to 15 months in prison for making false statements in foreign worker visa applications, announced Acting United States Attorney Stephanie M. Hinds, U.S. Department of Labor Office of Inspector General Special Agent in Charge Quentin Heiden, Los Angeles Region, and Homeland Security Investigations Special Agent in Charge Tatum King. The sentence was handed down by United States District Judge Edward J. Davila.
Kavuru, 49, of Sunnyvale, California, pleaded guilty to one count of visa fraud on May 24, 2021. In his plea agreement, Kavuru stated he owned, operated, and was CEO of four different staffing companies. His companies specialized in obtaining H-1B visas for foreign skilled workers and placing these individuals in the United States at technology firms seeking qualified H-1B contractors. Known as H-1B Specialty Occupation Workers program, the H-1B visa program allows an employer to temporarily hire a skilled foreign worker in the United States on a nonimmigrant basis. The position must qualify as a “specialty occupation,” that is, one that requires the application of specialized knowledge and a bachelor’s degree or equivalent in the specialty. At the four staffing companies he owned and ran, Kavuru was responsible for creating H-1B visa applications for foreign workers and submitting them to the appropriate government agencies of the United States.
Kavuru admitted in his plea agreement that from 2009 through at least 2017 he engaged in a scheme to obtain H-1B visas from government agencies by submitting H-1B applications that contained false and fraudulent statements. Kavuru admitted to submitting more than one hundred applications that falsely described available H-1B positions and falsely stated that the H-1B workers were to be placed at the positions at specific companies. Kavuru admitted he knew at the time he submitted the applications that the companies did not have the named jobs and that he did not intend to place the workers at those companies. None of those foreign skilled workers were ever placed at those companies. Kavuru – or one of his employees at Kavuru’s direction – nevertheless signed the visa applications attesting under penalty of perjury to the truth of those false statements.
Kavuru further admitted that he required the H-1B foreign skilled workers to pay him thousands of dollars in cash for the cost of preparing and submitting their H-1B visa petitions, which is a violation of U.S. Department of Labor (US DOL) regulations. He also admitted requiring his H-1B visa recipients to go unpaid for months while he looked for legitimate H-1B positions for them, violating US DOL regulations by failing to pay H-1B workers while they are “benched” in this manner.
In a memo filed for sentencing, the government calculated that Kavuru orchestrated the submission of over 100 fraudulent H-1B visa applications that earned him more than $1.5 million in fraudulently-obtained proceeds.
In addition to his 15 month prison sentence imposed for visa fraud in violation of 18 U.S.C. § 1546(a), United District Judge Edward J. Davila entered a forfeiture money judgment in the amount of $533,350.03. The sentence also included a three year period of supervision following Kavuru’s release from prison.
Kavuru will surrender to begin serving his sentence on February 10, 2022.
Assistant United States Attorney Maia T. Perez prosecuted the case, with the assistance of Lakisha Holliman. The prosecution is the result of an investigation by the U.S. Department of Labor, Office of Inspector General and Homeland Security Investigations.
USCIS Conducts Third Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations
Release Date 11/19/2021
We recently determined that we needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, we selected from among previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and close on Feb. 23, 2022. Individuals with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details about when and where to file.
In July 2021, we conducted a second random selection from among properly submitted electronic registrations for the FY 2022 H-1B numerical allocations. The petition filing period based on registrations selected in July ended on Nov. 3, 2021.
We conducted an initial selection in March 2021. The initial filing period for those with selected registrations for FY 2022 was from April 1, 2021, through June 30, 2021. Per regulation, we take into account historical data related to approvals, denials, revocations, and other relevant factors to calculate the number of registrations needed to meet the H-1B numerical allocations for a given fiscal year. Only those petitioners with selected registrations for FY 2022 are eligible to file H-1B cap-subject petitions.
An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. Online filing is not available for H-1B petitions. Petitioners filing H-1B petitions must do so by paper and must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition.
Registration selection only indicates that petitioners are eligible to file H-1B cap-subject petitions; it does not indicate that the petition will be approved. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still submit evidence and establish eligibility for petition approval based on existing statutory and regulatory requirements.
For more information, visit the H-1B Cap Season page.
Last Reviewed/Updated: 11/19/2021
Employment authorization implemented for Hong Kong residents covered under Deferred Enforced Departure
By Berry Appleman & Leiden LLP
10/20/2021
U.S. Citizenship and Immigration Services (USCIS) provided information today on how Hong Kong residents covered by Deferred Enforced Departure (DED) apply for employment authorization.
Key Points:
- DED and employment authorization for noncitizens covered by DED for Hong Kong is effective from Aug. 5, 2021, through Feb. 5, 2023, except for noncitizens who:
- Have voluntarily returned to Hong Kong or the People’s Republic of China (PRC) after Aug. 5, 2021.
- Have not continuously lived in the U.S. since Aug. 5, 2021.
- Are inadmissible under the Immigration and Nationality Act.
- Have been convicted of any felony or two or more misdemeanors in the U.S.
- Are subject to extradition.
- Are considered a present danger to public safety or have potentially serious adverse foreign policy consequences for the U.S. if they remain in the country.
- USCIS said Wednesday that Hong Kong residents can apply for an Employment Authorization Document by submitting a completed Form I-765, Application for Employment Authorization.
- Individuals can apply for travel authorization by submitting, Form I-131, Application for Travel Document.
Additional Information: Eligibility requirements for Hong Kong residents who are covered by DED are based on the terms described in the President Joe Biden’s directive and any relevant requirements established by the Department of Homeland Security. The full USCIS announcement can be found here.
USCIS Implements Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong Residents
Release Date: 10/20/2021
Eligible Hong Kong Residents May Apply for EADs and Travel Authorization
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today issued a Federal Register notice with information on how to apply for employment authorization for eligible Hong Kong residents covered under the president’s Aug. 5 memorandum directing Deferred Enforced Departure (DED) for 18 months, through Feb. 5, 2023.
DED for Hong Kong residents applies only to certain eligible Hong Kong residents who were present in the United States as of Aug. 5, 2021; who have continuously resided here since that date; and who meet other eligibility criteria described in the president’s memorandum. For purposes of this DED policy, Hong Kong residents are individuals of any nationality, or without nationality, who have met the requirements and been issued a Hong Kong Special Administrative Region (HKSAR) passport, a British National Overseas passport, a British Overseas Citizen passport, a Hong Kong Permanent Identity Card, or an HKSAR Document of Identity for Visa Purposes.
There is no application for DED. Eligibility requirements for Hong Kong residents who are covered under DED are based on the terms described in the president’s directive and any relevant implementing requirements established by the Department of Homeland Security.
Eligible Hong Kong residents may apply for an Employment Authorization Document by submitting a completed Form I-765, Application for Employment Authorization. Eligible Hong Kong residents covered by the president’s DED memorandum may also receive travel authorization. Individuals must file Form I-131, Application for Travel Document, for advance parole if they wish to travel based on DED.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook and LinkedIn.
Last Reviewed/Updated: 10/20/2021
USCIS Extends Flexibility for Responding to Agency Requests
Release Date: 09/24/2021
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:
- Requests for Evidence;
- Continuations to Request Evidence (N-14);
- Notices of Intent to Deny;
- Notices of Intent to Revoke;
- Notices of Intent to Rescind;
- Notices of Intent to Terminate regional centers; and
- Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
- The form was filed up to 60 calendar days from the issuance of a decision we made; and
- We made that decision anytime from March 1, 2020, through Jan. 15, 2022
Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020, and Jan. 15, 2022, inclusive.
Response Due Date:
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.
Please visit uscis.gov/coronavirus for USCIS updates.
Last Reviewed/Updated: 09/24/2021
USCIS Extends Evidence of Status for Conditional Permanent Residents to 24 Months with Pending Form I-751 or Form I-829
Release Date: 09/03/2021
Starting Sept. 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We are making the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.
Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.
Additionally, we will issue new receipt notices to eligible conditional permanent residents who properly filed their Form I-751 or Form I-829 before Sept. 4 and whose cases are still pending. Those receipt notices will also serve as evidence of continued status for 24 months past the expiration date on their Green Card.
As a reminder, conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the country. For more information on International Travel as a Permanent Resident, see our Green Card page.
Last Reviewed/Updated: 09/03/2021
