MAJOR ORGANIZATIONS CALL ON OBAMA TO IMPROVE EMPLOYMENT IMMIGRATION

Two new reports released by the National Foundation for American Policy (NFAP), an Arlington, Va.-based policy research group say that the Obama Administration should follow through on its promise to provide regulatory relief on employment-based immigration. The report for employment cases is titled “Reforming America’s Regulations and Policies on Employment-Based Immigration”. Authors of the recommendations come from organizations that include the U.S. Chamber of Commerce, the American Council on International Personnel, the American Immigration Lawyers Association, Immigration Works, and others.

Recognizing that legislative solutions are difficult in this political gridlock environment in Congress, the reports suggest administrative and regulatory relief to make sure U.S. companies are able to bring in and keep key employees.

The NFAP report states that “Over the past several months, despite the rhetoric of reviewing regulatory policies, employers have faced the reality of agency actions that delay vital projects, force companies to go without valuable employees and push

work outside the United States”.

What we all know from reality is that business visa adjudicators at USCIS issue now more frequent, burdensome and time-consuming request for additional evidence. The adjudication process is adversarial and USCIS officers are looking for every excuse to deny visa applications these days.

Multiple site visits from USCIS officials, delays and visa refusals at U.S. consulates abroad is also a key problematic area.

Among the recommendations are:

Sharply curtail requests for evidence by USCIS and adjudicate cases faster.

Stop wasting public and private resources by subjecting employers to redundant audits

rather than engaging in focused enforcement.

Allow skilled professionals to file early for adjustment of status prior to when a visa number is available.

Relieve long-time employer sponsors with good track records of certain burdensome

application procedures.

Adjudicate consistent standards for the highest-skilled immigrants in the employment-based 1st and 2nd preferences.

To foster startups, USCIS should rescind the January 2010 Neufeld memo.

The reports can be found on the NFAP website at www.nfap.com.

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