INS PROPOSES TO REDUCE H-1B VISAS FOR 2000, CLAIMING IT MISCALCULATED IN 1999

After admitting as much to some members of Congress, the INS has confirmed that it “miscalculated” the number of H-1B visas it issued during fiscal year 1999, and may have issued as many as 20,000 more than the 115,000 allotted for the year.  This comes after the agency has been repeatedly criticized for its failures to properly track the number of H-1B visas it issues.  For example, in 1997 Sen. Spencer Abraham (R-MI) asked the agency to re-check the number issued, and was told thousands of visas were double counted, meaning the agency announced the annual cap was reached when in fact it was not.

The INS’ response to its theory that 20,000 additional visas were issued was to suggest that 20,000 fewer visas be issued this year.  This proposal has been severely criticized by Sen. Abraham.  In a letter to INS Commissioner Doris Meissner, he questioned the Service’s claims, pointing out that the agency stopped accepting new H-1B applications in June, over two months before the end of fiscal year 1999.  He also reported that several companies whose H-1B usage was made public said the INS inflated their numbers by two to four times, arguing that the numbers used had never been accurately counted.  Finally, the Senator expressed doubt that it was within the statutory authority of the INS to make the decision to compensate for one year’s mistake by removing available visas allocated to the next year.  He added that if such authority existed, it would be as appropriate to take visas from years when the cap was not reached and use them against any over-issuance that may have occurred in 1999.

The INS has confirmed that at this time it will not seek to rescind any of the visas given last year.  An audit is being conducted to determine how many H-1B visas were improperly issued.  Whatever the resolution of this problem, it will certainly provide ammunition in the fight to reorganize the INS.

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