Recently the NFAP released a report based upon data received from the Department of State that showed visa approvals for multi-national cos. from India had declined in 2011 by almost 30% while during the same time-frame, the approvals for non-Indian based cos. had risen by over 15%. At a time when the U.S. economy needs job growth and a larger tax base and President Obama is regularly promoting the need for our immigration policies to encourage international commerce and entrepreneurs, it is most unfortunate that the US Consulates in India have chosen to ignore the directives of President Obama and instead apply policies that require Indian owned cos. to go above and beyond the requirements imposed under exisitng law and legal precedent and essentially meet "super-tests" to achieve approvals. One could charge racism and discrimination or the advancement of isolationism but, frankly, I'm of the opinion that the real issue is a culture that is pervasive at the US Consulates and the USCIS Service Centers which permit officers to modify their roles from adjudicators into policy-makers and as a result, they have elevated their own policies and prejudices over that of the positions of President Obama, USCIS Director Mayorkas, and Sec. of State Clinton, and to anyone who cares about the rule of law, even more importantly, over the laws enacted by Congress and the case precedents established by Federal Courts. Unfortunately, the notion that government agencies should follow the law is a foreign concept today to the detriment of the US economy.
The Department of State released the May visa bulletin and as promised, there was some forward movement in all categories including India EB2. Also included in the bulletin were predictions of future movement and an interesting (if you are an immigration attorney, an Indian national in the EB2 category or simply crazy about numbers) explanation on how the unused numbers from EB1 will trickle down to EB2, etc.
The Department of State has advised AILA that due to a lack of demand for the EB1 category, there will be a trickle down effect that will positively impact the Indian EB2 category and move dates forward. They estimate that an additonal 12,000 visas will be available to the Indian EB2 category. This is great news as this category has not moved since Sept of 2010 and the prior prediction from the DOS was that no movement should be expected in FY 2011. We expect to see this forward movement as early as the May Visa bulletin which will be released in mid April. This good news should not derail efforts for long-term legislative relief and reasonable wait times for all employment based categories.