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Immigration News Briefs

By Humera Subhani Email By Humera Subhani
July 2015
Immigration News Briefs

DOL investigating TCS and Infosys
According to The New York Times on June 12, 2015, the Department of Labor (DOL) has opened an investigation against Tata Consultancy Services (TCS) and Infosys for "possible violations of rules for visas for foreign technology workers under contracts they held with an electric utility company Southern California Edison."

The move by the DOL comes days after The New York Times reported that hundreds of employees at entertainment giant Walt Disney were laid off and replaced with Indians holding H1-B visas, brought in by an Indian outsourcing firm. Many of those laid off at both Disney and Edison complained of having to train the new workers to do their jobs.

Stocks of both TCS and Infosys fell over 2 per cent intraday when the news broke. There are concerns that visa quotas for these companies may be affected if violations are established during investigations. It may also lead to rise in legal costs for the Indian companies.

Delays in US Visa Stamps and Passport Processing
The U.S. Department of State (DOS) is experiencing technical problems that are causing delays in issuance of U.S. visa stamps, as well as some U.S. passports. These delays are the result of a June 9th hardware failure that impacts security checks. The problems are not country specific or related to a certain visa category.

Individuals who applied for visas at a U.S. consular post on or after June 9th may face delays in visa processing. The DOS does not have an exact timeframe of when this problem will be resolved. More information will be available on travel.state.gov.

Class Action Lawsuit Filed over EAD Delays
Three immigrants and two immigration service providers have filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) for unlawfully delaying the adjudication of their applications for employment authorization. By regulation, USCIS must either adjudicate EAD applications within a fixed time period or issue interim employment authorization. Yet, USCIS regularly fails to do either, leaving immigrants in a precarious position, unable to work legally and at risk of losing their jobs, related benefits and, in some states, their driver’s licenses. Filed by the American Immigration Council, Northwest Immigrant Rights Project (NWIRP), and other law firms, the complaint alleges that this failure by USCIS violates the governing regulations and the Administrative Procedure Act.

At a recent meeting with AILA (American Immigration Lawyers Association) members, USCIS representatives indicated that “USCIS no longer produces interim EADs.”

The plaintiffs have requested that the court grant them class certification so that they would be deemed representatives of all noncitizens who have filed or will file EAD applications that were not, or will not be, adjudicated within the regulatory timeframe. The plaintiffs are asking that the court order USCIS to comply with its regulations and to issue interim employment authorization in cases where the regulatory time period has elapsed.


VISA PREFERENCE NUMBERS FOR July 2015

 

FAMILY

India

Pakistan/Bangladesh

1st

01Oct07

01Oct07

2A

08Nov13

08Nov13

2B

15Oct08

15Oct08

3rd

15Mar04

15Mar04

4th

22Oct02

22Oct02

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

01Oct08

Current

3rd

01Feb04

01Apr15

Other

01Feb04

01Apr15

4th

Current

Current

5th

Current

Current1B

 


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