MurthyBulletin
VOL. XIV, no. 01; January 2008, week 1
Posted : January 04, 2008

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"We know your immigration matters!" SM

The MurthyBulletin is the eNewsletter on immigration from the Murthy Law Firm. This bulletin is not sent unsolicited. The information provided is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Murthy Law Firm. Full Disclaimer available.

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TOPICS in this Edition of the MurthyBulletin :

1. Sheela Murthy : 2008 Maryland Super Lawyer!

2.
BECs Closed as of December 21, 2007

3.
Oral Declaration Unacceptable Proof of Citizenship at POE

4.
FBI Unveils Plan to Improve Biometrics Database

5. Spare Batteries and Travel

6. Reminder : Murthy Teleconference Series - Jan 09, 2008
Topic :
H1B Cap Season - Fiscal Year 2009

7. MurthyDotCom : Do You Know How We Can Help You?


8. Important Processing Times and Dates

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Engaging the Murthy Law FirmOur office can conveniently and efficiently represent clients located anywhere in the United States or abroad on U.S. immigration matters.

Consultations with attorneys at the Murthy Law Firm
You may contact our office to schedule a one-time paid consultation with no further obligation. A scheduled consultation with an attorney at the Murthy Law Firm provides you with details and recommendations based on the specific facts of your case. This will help you with making the right decisions based on the legal options and strategies available.


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1.
Sheela Murthy : 2008 Maryland Super Lawyer!
©MurthyDotCom
The January 2008 issue of Baltimore Magazine reveals Attorney Sheela Murthy to be a Maryland Super Lawyer for another year! Super Lawyers Magazine names attorneys in each state who receive the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Super Lawyers Magazine is published in all 50 states and reaches more than 13 million readers. The objective of the Super Lawyers selection process is to create a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and sophisticated consumers in the search for legal counsel. In addition to this honor, Ms. Murthy is highlighted for a feature story in the 2008 Maryland Super Lawyer publication. Links to both are provided for those interested in reading more about Ms. Murthy.
©MurthyDotCom
Sheela Murthy : 2008 Maryland Super Lawyer (PDF 290KB)
©MurthyDotCom
Changing the Face of America (PDF 275KB)
How Sheela Murthy Went from Immigrant to Immigration Lawyer
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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2.
BECs Closed as of December 21, 2007
©MurthyDotCom
The U.S. Department of Labor (DOL) has announced that both the Dallas and Philadelphia Backlog Elimination Centers (BECs) closed on December 21, 2007. The wrap-up of the Labor Certification (LC) work of the BECs was reported to MurthyDotCom and MurthyBulletin readers in our Nov 16, 2007 article, LC Backlog Elimination Update - October 2007. The DOL has answered questions regarding any pending LC cases that previously would have been addressed by the BECs. These LC cases will now be handled by the National Processing Center in Chicago. Details for properly contacting the National Processing Center in Chicago follow.
©MurthyDotCom
Method for Communicating with the Chicago NPC
©MurthyDotCom
With the December 21, 2007 closure, it is no longer possible to contact the BECs. If there are any lingering questions regarding the disposition of a case, these should be directed to the DOL's National Processing Center (NPC) in Chicago. However, the DOL advised that the NPC will not have direct access to case files and, thus, will only have limited information available.
©MurthyDotCom
The Chicago NPC can be reached via eMail at: bec.chicago@dol.gov. The subject line should read: Attn: Backlog. To contact the Chicago NPC via U.S. Mail, one should write to:

U.S. Department of Labor, Employment and Training Administration
Attn: BEC Inquiries, 844 N. Rush Street, 12th Floor
Chicago, IL  60611

Mail sent to the BECs immediately prior to their closing was forwarded to the Chicago NPC. Any further correspondence sent to the BEC will also be forwarded to the Chicago NPC.
©MurthyDotCom
Appeals on Backlog Cases to be Filed with Chicago NPC
©MurthyDotCom
If a BEC case was denied either by the Dallas or Philadelphia BEC, the appeal is also filed with the Chicago NPC. The address is as listed above, but it should be put to the Attn: BEC Appeals.
©MurthyDotCom
If a case is currently on appeal, it will be tracked by the Chicago NPC. If the appeal results in the Board of Alien Labor Certification Appeals (BALCA) issuing a decision that requires action by the DOL, the Chicago NPC will carry out the instructions.
©MurthyDotCom
Tracking information for appeals cases is available through the Public Disclosure (PDS) system and will continue to be available until all cases have completed the BALCA appeal process.
©MurthyDotCom
OFLC to Process any Remaining Backlog Cases Pending at BECs
©MurthyDotCom
If a case was not completed prior to the BECs' closing, which is very unlikely according to the DOL, then it will be completed by the Office of Foreign Labor Certification (OFLC) personnel. Our experience has been that all of the BEC cases filed by the Murthy Law Firm were adjudicated prior to December 21, 2007.
©MurthyDotCom
Conclusion
©MurthyDotCom
This final wrap-up information regarding the BECs is appreciated. The Herculean task of managing and adjudicating over 360,000 labor certification filings from all across the U.S. has been completed. There is now a much more uniform system under PERM, which provides significantly faster adjudication overall. Although PERM audits can cause delays, this system generally is far more efficient, compared to the earlier LC system.

©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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3.
Oral Declaration Unacceptable Proof of Citizenship at POE
©MurthyDotCom
The U.S. Department of Homeland Security (DHS) has issued a notice in the Federal Register that affects citizens of the United States, Canada, and Bermuda entering the U.S. at land or sea ports-of-entry. As of January 31, 2008, one will no longer be able to establish his/her identity and citizenship to the satisfaction of U.S. Customs and Border Protection (CBP) officers by oral declaration. Until that date, current CBP procedures still allow for citizens of these countries to provide any proof of identity and citizenship, including an oral statement. Starting January 31, 2008, these individuals will be required to submit documentary evidence.

©MurthyDotCom
Evidence Acceptable to CBP
©MurthyDotCom
The CBP is in the process of amending its field guidance procedures requiring only documentary proof of identity and citizenship for U.S., Canadian, and Bermudian citizens. Most individuals are already complying with the new requirement by providing documentary evidence of identity and citizenship, such as passports, birth certificates, or drivers' licenses. Some Canadian and Bermudian visitors, as well as returning U.S. citizens, however, are utilizing current CBP instructions that allow CBP inspectors at ports of entry to accept oral declarations, depending upon the circumstances. If a CBP officer is not satisfied with an oral declaration of citizenship and identity s/he may request documentation to support one's oral statement. These procedures require CBP officers to exercise a high level of discretion which raises concerns about vulnerability.  
©MurthyDotCom
Conclusion
©MurthyDotCom
The DHS has stated that this new CBP rule is not part of the Western Hemisphere Travel Initiative (WHTI), about which MurthyDotCom and MurthyBulletin readers were informed in a series of articles, including most recently our September 14, 2007 article, Temporary WHTI Accommodation Ends Sep 30, 2007. Accordingly, the amendment to the CBP instructions does not require rule making and a comment period. However, the DHS will address comments on the new CBP requirement in its final rule concerning the WHTI. These comments include a general unease regarding significant delays at the land and sea ports-of-entry if oral declarations are disallowed. The CBP intends to rely on its overall operational experience in processing travelers at land and sea ports, while also meeting the security objective underlying the new document-only requirement.

©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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4.
FBI Unveils Plan to Improve Biometrics Database
©MurthyDotCom
The U.S. Federal Bureau of Investigations (FBI) has recently announced plans to build the word's largest computer database of peoples' physical characteristics. The project will cost $1 billion and will enable the U.S. government to identify individuals living in the United States and abroad. The agency already has access to biometric data on many individuals. This data includes fingerprints, digital images of faces, and palm prints. In the next several years, the FBI will also be able to identify individuals based on iris patterns, scars, and other unique physical information. The database will be used to identify terrorists and criminals, as well as to inform employers who request notification whenever their employees undergo criminal background checks that reveal criminal history.
©MurthyDotCom
DHS to Consolidate and Use Information Available
©MurthyDotCom
Many departments within the U.S. government have already been performing background checks based on biometric information collected from various individuals, including millions of Iraqi and Afghan detainees, Iraqi citizens, and foreign nationals who need access to U.S. military bases, visitors to the U.S., and individuals applying for immigration benefits. The U.S. Department of Homeland Security (DHS), for example, has millions of sets of fingerprints of individuals who have applied for admission to the U.S. or other immigration benefits. Currently, the tracking of terrorists and criminals based on this biometric information is not as fast and error-free as desired. If the new tracking system is successful, the biometric information will be collected and stored in one place, allowing for quicker and more efficient identification by all departments of the U.S. government.
©MurthyDotCom
Conclusion
©MurthyDotCom
The new comprehensive biometrics database and tracking system is still in the first stage of planning. Advocates emphasize the importance of a single storage place to be used by multiple agencies that will increase the speed at which criminals and terrorists are identified and caught. Critics, however, say that, because there is no evidence yet that the new system will reliably match terrorists and criminals against a vast database, it is premature to plan such a costly and comprehensive system. We at the Murthy Law Firm will watch for new developments and share updated information with our readers, as it becomes available.

©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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5. Spare Batteries and Travel
©MurthyDotCom
Although this topic is not related to U.S. immigration law or policy, we recognize that it is a change in government policy that potentially impacts many of our readers. The U.S. Department of Transportation revised rules with regard to traveling with spare lithium batteries, effective January 1, 2008. Spare batteries are those that are carried outside the device they are meant to power. Spare batteries may not be included in checked luggage. Within certain limits, they may be packed in carry-on bags. Travelers should read details on the DOT WebSite to be certain they comply with the new rules.
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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6. Reminder : Murthy Teleconference Series - Jan 09, 2008
Topic :
H1B Cap Season - Fiscal Year 2009
©MurthyDotCom
The next teleconference in this monthly series offered by the Murthy Law Firm to guide employers and HR managers and benefit their employees is scheduled for January 09, 2008. This teleconference will address important matters regarding the filings of H1Bs for the fiscal year (FY) 2009 cap season, including: meeting the requirements for filing, how the H1B cap works, the importance of planning ahead, avoiding RFEs, and more. We at the Murthy Law Firm will address these topics in the upcoming teleconference, which will not be held on the 1st Wednesday, but instead on January 9th, to allow everyone time to return to work and catch up after the holidays.
©MurthyDotCom
Please feel free to share this announcement with your employer. We plan to begin a series teleconference for the broader immigrant community in the near future.
©MurthyDotCom
Employers can find more information at :
http://www.murthy.com/teleconference.html.

Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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7. MurthyDotCom : Do You Know How We Can Help You?
©MurthyDotCom
While we at the Murthy Law Firm provide the immigrant community with a wealth of free information on our WebSite, we also want MurthyDotCom and MurthyBulletin readers to know how our firm is prepared to help them with their U.S. immigration matters. We have a page dedicated to explaining how we can assist in various nonimmigrant and immigrant cases. This page also provides links to other areas on MurthyDotCom that offer client service information.
©MurthyDotCom
MurthyChat : The next session MurthyChat will be Monday, Jan 07, 2008, 9:00pm Eastern Time (U.S.). Please check the chat page for any necessary changes to the schedule. Meanwhile, search the chat transcripts for answers to your questions. 
©MurthyDotCom
MurthyForum : Consider joining those who have discovered the value of this service. Our message / discussion board is visited daily by one of our attorneys.
©MurthyDotCom
MurthyDotCom - MurthyBulletin - MurthyChat - and MurthyForum - Your ultimate U.S. immigration resources on the Internet all start with MURTHY!
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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8. Important Processing Times and Dates

©MurthyDotCom
Processing Times : For links to processing times for the USCIS Service Centers, district (or local) processing times, the Administrative Appeals Office, Department of State visa bulletin, and Department of Labor dates for the processing of labor certification applications.
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved


 

 
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