Visa Bulletin – March 2024

March Visa Bulletin for the FY 2024 was released few days. Here are key insights and updates to it with some predictions.

How to use Demand Data to calculate EB3 to EB2 Porting?

As per visa allocation each year under each category, USCIS/DOL should use 233 visas every month for EB2-India. Normally this should reduce demand by 233 every month. Since we are not seeing any reduction in demand data, it suggests that there are many individuals who are upgrading their case from EB3 to EB2. So what is the rate at which EB3 to EB2 porting is happening? Simple Calculations that could be used to estimate this is ...

EB3 to EB2 Porting with same employer: Not a good idea

These days it is been topic of the town for Indian nationals to port their priority date from EB3 to EB2 category. So far this totally makes sense. This could tremendously reduce the wait time for an individual to receive a green card. But an individual and his employer should be very careful while taking this step if they are planning to port the case with a same (current) employer. There are rumors that many employers are upgrading their employees’ petition from EB3 to EB2 category just to retain their employees.

I-485 Case Tracker for PDs 'Current'

We have released new I-485 case tracker for cases that are 'Current' today. Please use this tracker to enter details of your application and case status. Please fill in as much details as possible and edit the tracker as and when you will get more information on your application status. Use this tracker to see if PDs that has recently became current are getting approved

January 2012 I-485 Pending Inventory - EB Category Visa Use

USCIS released I-485 pending inventory upto 12 January 2012. Please note this inventory is only for Service Centers and Field Offices, and does not contain consular processing cases. Dependents are included. Here is a summary of the I-485 inventory when compared to October 2011 Inventory. This inventory is used to estimate the visa use during Q1 of FY 2012 and Projected Demand for FY 2012.Please note that one fallacy to using inventory to estimate demand is that it will not consider cases approved in less than 90 days.

EB Category Roll-Over and PWMB Demand: I-485 Receipt Data

We analyzed I-485 Approvals and Receipts for FY 2011 to estimate carry-over demand from FY 2011 in EB category. We also used this data in conjunction with USCIS I-485 Performance data and I-485 representative filings from June to September 2011 at trackitt to estimate People Who Missed the Boat (PWMB) demand for EB2-IC upto September 2011 that may start consuming visa numbers from FY 2012 annual allocation and/or spillover.

Prediction for EB2 Category for FY 2012

Here is the Prediction for EB2 Category cutoff date retrogression for Fiscal Year 2012. Basis for this prediction is simple calculations (see below) which is done based on available data i.e. PERM data published by DOL, I-485 Inventory data, latest trend on Trackitt for EB1 & EB2 cases and other published data by USCIS. Demand data for each dependent category is predicted and explained in calculations below. This data is further used to calculate spillover that would be available for EB2 category. Retrogression is estimated based on visa allotment available each year for each country and total spillover that is expected in FY 2012. In each case, Optimistic, Realistic and Worst-Case scenario is estimated.

Green Card Calculator - Employment Based

As per recent demand data released until September 01, 2011 on EB I-485 inventory, here is the 'Green Card' calculator for Employment- Based category that tells an individual how many I-485 applicants are there before them in the queue under their filed preference category. Beyond this, calculations are extended to predict how many years will it take an individual to receive a green card. In addition, you can put an assumption for a spillover that your category and country would receive every year and see how this changes the scenario.

What to do once Priority Date (PD) becomes current?

A very commonly asked question by fellow petitioners is the step by step process that they should follow after an individual’s Priority date will become current. Please read this article to check on next steps and required I-485 documents.

I-485 Primary & Secondary Evidence - Country Specific

Commonly asked question is what to do when primary evidence of birth, marriage, divorce etc is not available. Here is the country specific I-485 Required documents for (AOS) or (CP). Immigration officers or Adjudicators are asked to refer to the list below before making any decision on RFE or NOID in case primary evidence is not submitted or established. Please select your country from the drop-down list to see specific secondary evidence and documents.

EB2-India & China I-140 Demand (Yearly) based on DHS Released Report

DHS on 29th December 2011 released a Citizenship and Immigration Services Ombudsman's recommendation to improve the quality in Extraordinary Ability and Other Employment based petition adjudication document. We used this data to deduce I-140 demand for EB2-India and China.

EB2-IC Movements FY 2012 - Mr. Oppenheim's thinking?

We looked into if there is any analytical correlation between movements that Mr. Oppenheim did last year for Family Based Category (F2A) and current movement that we saw with EB2-India and China for Employment Based Category. Is there any correlation or equation or factor that can determine how Mr. Oppenheim would think in absence of demand or visible demand in case number of filings that he is receiving or available adjudicated case cases are less? That is when we started digging into this.

AC21 Portability - FAQs and Sample Letters to USCIS

Some people suggests that sending letter to USCIS on job change after invoking AC-21 portability is not required. But this is a gray area, and no one knows it better if USCIS should be informed when individual would invoke an AC-21 portability to change job once applicant's I-485 is pending for more than 180 days with USCIS.

Understanding Section 245(k) to use it for Derivative applicants after Primary’s I-485 approval

Common question asked by many primary I-485 applicants who had previously filed I-485 Adjustment of Status (AOS) application, which is still pending with USCIS, is about adding their spouses or children (derivatives) to their pending I-485 application. At this point there is always a concern among the petitioner that their case will be approved before their derivatives application

July 2012 Visa Bulletin Predictions - EB Category

Here is the prediction for July 2012 Visa Bulletin. We should see following movements in each category as long as USCIS/DOL would use visa numbers as per statutory allocations.

EB2 India & China - What to expect in FY 2012?

Cut-Off Dates has reached PD 15th April 2007 for EB2-India and China for FY 2011 in September bulletin, now what can we expect for FY 2012?. We have some analysis to estimate movement in FY 2012. This is very rudimentary as of now and can change as FY 2012 will progress.

EB3 ROW-Mexico-Philippines - What to expect in FY 2012?

For FY 2012, EB3-ROW-M-P is expected to move together similar to the movement that was seen for FY 2011. Based on available I-485 inventory, last released demand data, and hidden demand (or Consular Processing demand) that was observed in FY 2011, total EB3-M-P demand until ....

How to know if old I-140 has been revoked by previous employer?

If an individual filing a green card under employment-based category has changed job and now planning to port priority date from previous filed Labor certification, he/she will at least need an approved I-140 from previous employer to recapture priority dates. This I-140 should not be revoked and still active.

Understanding Visa Bulletin Cut-Off Date Determination

The State Department (DOS) is responsible for the allocation of numerically limited immigrant visa numbers under the authority granted by section 203 of the Immigration and Nationality Act (INA). These visa numbers are allocated based on congressionally mandated preferences that assign an overall total, limits for each category and per country limits within each category. Here is a quick Memo on the steps involved.

'Hard' vs 'Soft' LUD - How to use it to track your case status with USCIS?

If you heard people talking about keeping track of 'Soft' and 'Hard' LUDs on forums and other websites, and wondered what it is, now you can understand what is LUDs and how you can use them to track any activity on your petition that is pending with USCIS.

How to Obtain an Emergency Advance Parole (AP) Document?

If your current status is Adjustment of Status (AOS) Pending and you are currently working on EAD, it is very important that you renew your Advance Parole (AP) document in timely manner, well in advance. If an individual leaves a country under AOS pending status with their AP application pending or AP document due expire when they are traveling outside of country, they will abandon their status in United Status. Subsequently their I-485 application will be denied.

People Who Missed the Boat (PWMB) during July 2007

Question was asked in the comment section that how would applications with Priority date before July 2007 who could not file in July 2007 would affect EB2-IC movement for FY 2011. These people are commonly referred as "People Who Missed the Boat (PWMB)" by some people. We earlier thought that these numbers will small percentage of the whole group. But careful analysis of PERM data suggests that these numbers are significant when you will include primary + dependents (assuming a family would consume 2.5 visas) applications.

EB3 to EB2 Porting Calculations - Part III

We have a poll on EB3 to EB2 Porting which is up since last week of February 2011, and till-date we have received '445' votes. Results has been consistent through out the poll for the last two months. It suggests that the general trend or distribution of individuals with different PD that are porting has not changed from day to day regardless of number of votes received.We are convinced that this will be a general trend for rest of the current year regardless of porting numbers. Calculations are further extended to extrapolate real world numbers.

H1B FY 2012 CAP Count & Predictions

As per recent release by USCIS, regular cap has utilized till date 11,200 visas and Masters quota has utilized 7,900 visas as of 13th May 2011. It is interesting to see that H1B visa under Master Cap has utilized more than 35% of the quota. As of now number of petitions increased from last week is 1,600. Based on past months trend, regular cap can reach by 27th January 2012 and Masters Cap by 30 September 2011.

H1B FY 2012 : List of Disqualified Employers

H1B FY 2012 season will be here soon. It is advisable that the prospective aspirants for H1B FY 2012 should be aware of the debarred or disqualified employer for this season. Please make sure you do not become a bait to any of these employers for your H1B filing. These employers are willful violator employer and are black-listed.

PERM Processing Time Starts to Slump

DOL recently released current PERM processing times. It looks like fire-sale is almost over and PERM processing time will again start creeping towards 1-2 months wait or more in coming months. 5 days approval will be a history. Temporary Government shutdown is still not in effect and this will delay the processing time further when some decision about it will be made during April 8, 2011. The Senate votes to fund the federal government through April 8. But the stalemate over 2011 spending remains, and no one wants to pass another short-term stopgap. Is the stage now set for a government shutdown next month is yet to be known.

Document on Tax Exemption for OPT Students and Students on F1B visa

Document or proof stating that OPT students are not required to pay Social Security Taxes and Medicare tax. You can share this with your employer

What is H1B 'CAP Exempt' visa?

Most of the international students after graduation would focus their attention to find a job in corporate world. But it is always difficult to find an employer who will be ready to sponsor your H1B visa. If you are lucky, you may find an employer who is willing to sponsor your work visa, but could not do it because quota is not available at that time or if quota is open, is worried that he may have to wait until start of fiscal year in October before you could begin working for him. What are other options in such case? Well in this case, you can opt for working for organizations that are exempted from H1B visa regular cap quota.

Showing posts with label Disqualified Employers. Show all posts
Showing posts with label Disqualified Employers. Show all posts

Sunday, January 2, 2011

H1B FY 2012 : List of Disqualified Employers

Posted On Sunday, January 02, 2011 by Rav 0 comments

H1B FY 2012 season will be here soon. It is advisable that the prospective aspirants for H1B FY 2012 should be aware of the debarred or disqualified employer for this season. Please make sure you do not become a bait to any of these employers for your H1B filing. These employers are willful violator employer and are black-listed.

What is a “willful violator employer”?

“Willful violator” or “willful violator employer,” means an employer that meets all of the following standards:

  • A finding of violation by the employer is entered in either of the following two types of enforcement proceeding:
    • A Department of Labor proceeding under the Immigration and Nationality Act (INA) § 212(n)(2); (8 U.S.C. § 1182(n)(2)(C); or
    • A Department of Justice proceeding under INA § 212(n)(5); (8 U.S.C.§ 1182(n)(5).)
  • The agency finds that the employer has committed either a willful failure or a misrepresentation of a material fact (two of the Labor Condition Application (LCA) attestations; and
  • The agency’s finding is entered on or after October 21, 1998.

A willful violator employer must comply with additional attestations under any LCA it files within five years of the willful violation finding. The only exception is when an LCA is filed for and used exclusively for exempt H-1B workers (see WH Fact Sheet #62Q).

Willful violators and H-1B-dependent employers (see WH Fact Sheet #62C) which file an LCA must meet the following additional requirements:

  • The employer has not displaced a U.S. worker at the time of filing an H-1B visa petition (see WH Fact Sheet #62N);
  • Before placing an H-1B worker at a secondary employer’s work site, the employer has inquired as to the secondary employer’s intent to displace a U.S. worker (see WH Fact Sheet #62N);
  • The employer has taken good faith steps to recruit U.S. workers (see WH Fact Sheets #62O and #62P); and
  • The employer has offered the job to any equally or better qualified U.S. worker who applies for the job for which the H-1B worker is sought (see WH Fact Sheets #62O and #62P).

Willful violators are subject to random investigations by the Department of Labor for a period of up to five years from the date that the employer is determined to be a willful violator. The Wage and Hour Division maintains a current list of such H-1B willful violators.

All requirements listed above can be found in 20 CFR § 655 Subparts H & I and the Immigration and Nationality Act § 212(n).

H-1B Debarred/Disqualified List of Employers

The Wage and Hour Division maintains the list below of willful violator employers under the H-1B program.


Employer Name

Willful Violator

Debarment Period

4MY2C, Inc.
d/b/a Goldilocks Corp.
10329 Painter Ave.
Santa Fe Springs, CA 90670

YES

6/1/2009
to
5/31/2011

Allied Rehabilitation and Pain Management, Inc.,
Allied Rehabilitation Services, Inc.,
Optimal Network Resources, Inc.,
and Ortho-Neuro Rehabilitation, Inc.
989 University Drive
Pontiac, MI 48342

YES

7/31/2010
to
7/30/2011

Allied Solutions Group, Inc.
d/b/a Allied Solutions Group
4836 Brecksville Rd., Suite 3
Richfield, OH 44286

YES

10/31/2010
to
10/30/2012

Asian Journal Publications, Inc.
1150 Wilshire Blvd.
Los Angeles, CA 90017

YES

7/31/2010
to
7/30/2012

Bradley Consulting Services, Inc.
Maria Bradley
3357 Pitcher Plant Circle
Pensacola, FL 32506

YES

6/1/2009
to
5/31/2011

Citizens Mortgage Corporation and John DeLosSantos,
Individually and as President
26-01 Pollack Ave.
Fair Lawn, NJ 07410

YES

7/31/2010
to
7/30/2012

Comdata Consulting, Inc.
2775 Algonquin Rd., Suite 240
Rolling Meadows, IL 60008

YES

9/30/2010
to
9/29/2012

Complete Systems Solutions, Inc.
d/b/a CSSI
560 Sutter Street #400
San Francisco, CA 94102

YES

6/1/2009
to
5/31/2011

Cyberworld Enterprise Technologies, Inc.
d/b/a Tekstrom, Inc.
DE Industrial Park
Suites 101-1022
18 Shea Way
Newark, DE 19713

NO

7/31/2010
to
7/30/2011

Healthcrest Enterprises, Inc.
3125 S. Pickwick Place
Suite B
Springfield, MO 65804

NO

7/31/2010
to
7/30/2011

Integrated Global Systems, Inc.
14 Washington Road
Building 2, Suite 212
Princeton Junction, NJ 08550

YES

1/1/2010
to
12/31/2011

Juno Healthcare Staffing System, Inc.
and Dante Teodoro,
Individually and as President
91-31 Queens Boulevard
Suite 608
Elmhurst, NY 11373

YES

7/31/2010
to
7/30/2012

K-Soft Information Technologies, Inc.
9951 Atlantic Boulevard
Suite 450
Jacksonville, FL 32255

YES

7/31/2010
to
7/30/2012

Magnolia Pool Supply, Inc.
9571 Magnolia Ave.
Riverside, CA 92503

YES

6/1/2009
to
5/31/2011

Mahadeep Virk DMD
Puyallup P.S.
d/b/a Avenue Dental Care
11707 101st Avenue Court East
Puyallup, WA 98373

YES

9/30/2010
to
9/29/2012

Mertz, Bitelman & Associates Law Office P.C.
45 West 34th Street
Suite 202
New York, NY 10001

YES

6/30/2010
to
6/29/2012

MQ Solutions LLC and its members
and controlling agents
Mrs. Ellen Esquerra Durman,
and Mr. Mark Durman
1400 Marcia Drive
La Habra, CA 90631-2477

NO

10/31/2010
to
10/30/2012

Multicare Therapy Center
1527 Route 27
Suite 1100
Somerset, NJ 08873

YES

1/1/2010
to
12/31/2011

Netultimate.Com, Inc.
Sounder Dilipan
8116 Arlington Blvd. Apt. 121
Falls Church, VA 22042

NO

6/1/2009
to
5/31/2011

New Hope Solutions, Inc.
2731 Sawbury Blvd.
Columbus, Ohio 43235

YES

1/1/2009
to
12/31/2010

Pegasus Consulting Group, Inc.
90 Woodbridge Center Dr.
Woodbridge, NJ 07095

YES

6/1/2009
to
5/31/2011

Pegasus Consulting Group, Inc.
a/k/a Pegasus Systems, Inc.
100 Matawan Road
Matawan, NJ 07747

YES

5/31/2011
to
5/30/2013

Professional Technology Staffing, Inc.
d/b/a PTSI
560 Sutter Street #400
San Francisco, CA 94102

YES

6/1/2009
to
5/31/2011

Quest Software Services, Inc.
6825 Hobson Valley Dr.
Suite 102
Woodbridge, IL 60517

NO

6/30/2010
to
6/29/2011

R-Tech Group, Ltd.
a/k/a R-Tech, Ltd.
Kala Ramasamy
and Balaguru Ramasamy
P.O. Box 423
Keego Harbor, MI 48320

YES

1/1/2009
to
12/31/2010

S J B Enterprises
611 S. Catlina
Street, #315
Los Angeles, CA 90005

YES

1/1/2010
to
12/31/2011

Satya Marg Solutions, Inc.
One Woodbridge Center
Suite 440
Woodbridge, NJ 07095

NO

6/30/2010
to
6/29/2011

Sphero Trading Inc.
d/b/a US Resources Co.
2951 Marion Drive #115
Las Vegas, NV 89115

YES

6/1/2009
to
5/31/2011

Tekstrom, Inc.
DE Industrial Park
Suites 101-1022
18 Shea Way
Newark, DE 19713

NO

7/31/2010
to
7/30/2011

Tisco Group, Inc.
21800 Haggerty Road
Suite 204
Northville, MI 48167

NO

1/1/2010
to
12/31/2010

United States Professional, LLC
d/b/a USP, LLC
13014 N. Dale Mabry Highway
Suite 109
Tampa, FL 33618

YES

7/31/2010
to
7/30/2012

WinVision, Inc.
1556 Halford Avenue, Suite 275
Santa Clara, CA 95051

YES

9/30/2010
to
9/29/2012

Last Updated on November 2, 2010

Source: www.dol.gov