U.S. retreats on visas; applicants left out
Workers who sought green cards are frustrated
By GEORGIA PABST
gpabst@journalsentinel.com
Posted: July 12, 2007
Avinash Vyas is a legal immigrant from India who followed the rules to come here, got a master's degree from Marquette University and works in the computer field.
Last month he filled out all the forms, provided all the documentation, worked with a lawyer and went through the medical exam and tests required as the final step in the application for a green card, which would give him and his wife permanent residency.
Vyas did all of this, because on June 12 the State Department announced that starting July 2 it would accept applications for employment-based visas, or permanent residency green cards, through the end of July.
For Vyas and thousands of other legal, high-skilled immigrants it was a rare and eagerly awaited opportunity. Because of large backlogs in the employment category, the chance to apply for a visa can take years, so these opportunities to apply are carefully monitored by immigrants and their lawyers.
Vyas said he worked for more than two weeks with a lawyer in Los Angeles and figures he spent about $4,000 in fees and other costs to get his application ted on July 2.
On the same day, Vyas and thousands of other immigrants throughout the nation learned that the door they thought was open had been slammed shut.
U.S. Citizenship and Immigration Services announced that the State Department had said, "all available employment-based immigrant visas have been allocated for fiscal year 2007," which ends Sept. 30. About 140,000 employment-based visas are allocated each fiscal year.
The State Department said: "The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 employment numbers."
Crystal Williams, deputy director of American Immigration Lawyers Association in Washington, D.C., said Tuesday that doesn't seem plausible - and doesn't adequately explain why the government reversed itself.
"No one has known USCIS to adjudicate 60,000 anything in that time frame," she said, referring to the State Department's official reason for cutting off applications.
"We're not asking that they be approved, just accepted," she said.
As a result, immigration said that beginning July 2, it was rejecting applications for employment-based visas. The news dashed the hopes of many workers waiting for the chance to apply for a visa and the chance to stay beyond the six years generally allowed under the H-1B or skilled-worker temporary visa. Those workers will have to reapply, and the filing fee will be going up an average of 66% as of the end of this month.
The news meant frustration and disappointment for Vyas and others.
"First they say you can apply, and then you can't apply," said Vyas, who is 27 and works for Compuware Corp. in Milwaukee. "Why the rapid change? We are all legally working here, and we want legal status."
Protesting with flowers
Vyas decided to join the "flower campaign" with others who are part of Immigration Voice, a national non-profit group that works on issues faced by legal, high-skilled foreign workers. He sent a polite plea of protest and a bouquet of a dozen roses to Emilio Gonzalez, director of Citizenship and Immigration Services.
"The gesture is to raise awareness and to draw attention to our situation," Vyas said. "We didn't want to be rude. My message said: 'Kindly accept our petitions in July and honor the original (Department of State) visa bulletin.' "
Gonzales said in a written statement that the flowers received will be sent to injured service members at Walter Reed Army Medical Center.
Vyas admits the flower campaign probably won't work. But immigrants also are going to court.
One lawsuit already has been filed in Chicago against the government for failing to accept the green card applications. The suit, described as a class action, was filed by Gabriela Ptasinska, a native of Poland who works as a land planner.
Her H-1B status expires May 17, 2008, which is l0 months away, the suit says. Her "priority date," or the date her employer filed the necessary paperwork for her to apply, was filed more than three years and six months ago, according to the suit. She runs the risk that her visa to work here will expire before she gets a chance to apply for permanent residency, the suit says.
The lawsuit claims the actions of the government were "arbitrary, capricious, an abuse of discretion" and not in accordance with the law.
In addition, the American Immigration Lawyers Association is preparing a class-action suit.
Williams said that a lawsuit will be filed in the next week or two to ask for the visa applications to be accepted.
'A terrible precedent'
Chris Rhatigan, a spokeswoman for Citizenship and Immigration Services in Washington, referred all questions to the July 2 update explaining that the new applications would be rejected.
"We don't know for certain how many are in the pipeline, but we knew it's in the tens of thousands because various of our members have been reporting how many they have," she said.
U.S. Rep. Zoe Lofgren (D-Calif.), chairwoman of the House subcommittee on immigration, citizenship, refugees, border security and international law, criticized the State Department and Citizenship and Immigration Services in written statement.
"This sets a terrible precedent and undermines our nation's effort to foster legal and orderly immigration," she said.
Joe Bonfiglio, press secretary to U.S. Sen. Herb Kohl (D-Wis.), said, "We have been working with a number of constituents who have received this terrible news even though they've played by the rules and dotted every 'i' in our work visa process."