Thursday, July 22, 2010

DHS Gets Tough on H1-B Visa Processing

"DHS Won't Say What the Rules Are"

"WASHINGTON (CN) - The Department of Homeland Security has tightened the screws on the H-1B visa process for specialty occupations, refusing and revoking far more applications, and scheduling 25,000 worksite inspections this year. But DHS has provided a "near vacuum of publicly available information" on how to comply with this "heightened scrutiny," and didn't even provide its "Compliance Review Worksheet" in a legally required request for comments on it, the American Immigration Lawyers Association claims in Federal Court.

"The notice [in the Federal Register], which explained that the form would be used to record the results of on-site inspections of businesses, sought comments from the public. Yet the form itself was not attached to the notice or made available to the public for examination. Disclosure of this Compliance Review Worksheet has been sought by AILA and its nondisclosure forms part of the present FOIA dispute."

...The H-1B visa is for temporary foreign workers - "such as scientists, engineers, and computer programmers-in occupations that require theoretical or technical expertise in specialized fields.""

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