A few weeks ago I wrote a post about what I feel has been chronic mistreatment of H-1B workers by the immigration system. This week, yet another chapter in the American Immigration Bizarro-land story has unfolded, as thousands of legal workers, following an official State Department advisory, prepared to file Green Card applications, only to be told, in some cases after they had already filed, that the USCIS would not be accepting any applications at all.
The Times explains the complicated chain of events as follows:
The episode started on June 12, when the State Department announced in a monthly bulletin that green cards would be available starting July 2 for applicants across the range of high-skilled categories. That was a signal to immigrants who have been working in this country on temporary visas that they would be able to apply to become permanent residents.
Thousands of immigrants rushed to obtain certified documents, assemble employer sponsorship papers, take medical examinations and dispatch their applications. Many canceled travel plans so they could be in the United States when their applications arrived on July 2, as the law required.
But on Monday, the State Department announced that no more green cards were available. Snared in the turnabout were well-educated, highly skilled, legal immigrants, many of them doctors and medical technicians, with long work experience in this country. All had obtained federal certification that no American workers were available for the jobs they hold. (link)
There’s more to it — the goal here was to reduce the extensive USCIS backlogs — but the reversal means the backlogs are reinstated. Now potential applicants may have to wait as many as four or five years to apply again, leaving many people in limbo. (The Times has a good interview with an Indian doctor in Illinois, who is deeply distraught about this.) As I’ve said before, the cost of an extremely slow and unpredictable immigration system comes in people’s lives: waiting 5-10 years for a Green Card without being certain of success is dispiriting at best, and soul-crushing at worst.
Incidentally, there is also an illuminating breakdown of this bizarre episode at Murthy.com. And our blog-friend Arzan Wadia had a post on this this past Monday, where he made his feelings known.
Are you one of the people who applied for a Green Card this past Monday? You may want to get in contact with a Lawyers’ Group called American Immigration Lawyers Federation (AILF). They are planning a class-action lawsuit against the USCIS over its sudden reversal, and will probably be looking for plaintiffs who meet a certain profile to join the case (see this PDF FAQ). Continue reading








