News Update - October 16, 2010
By Alan Lee, Esq.†‡
Focus On Social Networking Sites By FDNS; Latest H-1B Count
As warned in our posting of September 5, 2010, government agencies are looking into individuals' postings on social networking sites in adjudicating applications for non- immigrant visas at the consulates and entry to the United States at the ports of entry. (See "Current H-1B Count; Added Information Needed on H-1B Petitions; Asylum Application Success Rates Up; Watch Out for FACEBOOK"). Now information has become available that U.S.C.I.S. is circulating an internal memo by its Office of Fraud Detection and National Security (FDNS) giving a step-by-step process of how a generic social networking website works and stating that the postings provide an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities; that people generally speak honestly on these sites because all their friends and families are interacting with them; and that the social networking gives FDNS an opportunity to reveal fraud by browsing the sites. Among the social networking sites referred to in the memo are Facebook, MySpace, Netlog, Habbo, Badoo, and Cyworld.
Latest statistics as of October 8, 2010, showed that H-1B cap use for FY-2010 has now reached 57,300 of the approximately 85,000 allotted numbers. This was an increase of 2300 petitions over the last count on October 1st. Of the 57,300, 41,900 were filed under the regular H-1B cap, and 15,400 under the H-1B U.S. Masters or higher cap.
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