By Yasmin Blackburn, Esq.

On January 11, 2012, our office participated in the Ombudsman’s Public Teleconference: USCIS’ Validation Instrument for Business Enterprises (VIBE): How Is It Working?  The answer was a resounding NOT WELL.  The complaints ranged from industry to industry, but consistently the participants complained about

1. Being forced to pay for their information to be updated by a service that is supposed to be free and without further obligation
2. Being made to wait unreasonably long periods of time to have information updated if they didn’t succumb to the sales tactics of the Duns representatives
3. Being unable to have minor issues resolved in a timely manner
4. Being required to create multiple, paid accounts, for branches of a company in order to effect an accurate report on the corporate structure
5. Receiving multiple RFE’s for the same or similar VIBE issues over a short time span (Ie. An RFE for the same issue, for a company that was VIBE verified within the prior 3-9 months)

During the teleconference, we were advised to possibly include more information and make the documentation more clear with regard to corporate structure to which I called in and explained that our office typically sends 8 lbs. or more of documentation to substantiate our cases.  We send everything from shareholder certificates, to documents verifying incorporation for both entities, bank statements for both companies, payroll records and tax filings for both companies, lease agreements…pretty much the entire kitchen sink of documentation that could and should verify a company exists.  And despite all of this information, we still get RFEs for VIBE related reasons.  RFEs that pretty much leave you wondering what else could USCIS possibly want when there is NO more documentation to give? 

I even went so far as to explain to the Ombudsman’s office that we incorporate the documents requested in a previous RFE into a new filing and we STILL get RFE’d to which he responded “That’s odd…it should not be happening that way.”  He was actually speechless, which clarified for this listener that 1) DUNS has made VIBE into a cash cow and 2) USCIS is clueless about how inaccurate the VIBE database is and how heavily their reliance on it impacts US based employers across industries.

I felt good after the teleconference and I feel even better having read the attached VIBE update from USCIS.  Clearly they were listening…hopefully they will take action.

- By Vaman B. Kidambi, Esq.

Have you ever wondered what sections or regulations allow the Consulate and the INS to prevent you from entering the United States and what they say?

List of Proposed INS Application and Petition Fee Increases

By Vaman Kidambi, Esq.

On August 1, 2001, the U.S. Department of State released a statement through its spokesperson, Richard Boucher about the Diversity Immigrant Visa Program [popularly known as the DV Lottery] for 2003.

- By Vaman B. Kidambi, Esq.

On August 6, 2002, the President signed the "Child Status Protection Act of 2002" - Public Law 107-208. A cable from the Department of State offers guidance on the Act. It also provides initial interpretative guidance regarding it, as well as procedures to be used to implement it.

- By Vaman Kidambi, Esq.

Finally, the much-awaited K visa implementation guidelines are out. Reproduced below is a News Flash provided by the INS, which has been formatted and edited to provide readers with directions to apply for K-3/4 visas.

By Vaman Kidambi, Esq.

The Immigration and Naturalization Service (INS) on 9/7/2001 implemented the new V nonimmigrant status to allow certain spouses and minor children of lawful permanent residents to reside and work in the United States while waiting to obtain immigrant status. This provision is one of several immigration benefits provided by the Legal Immigration Family Equity Act (LIFE Act), enacted on December 21, 2000. The regulation that implements the V provision was published today in the Federal Register.