MurthyBulletin VOL. XIII, no. 13; Mar 2007, week 5 Posted : Mar 30, 2007 . . . . . . . . . . . . . . "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. To receive MurthyBulletin via eMail, follow this link to subscribe. To Unsubscribe, please go to the end of the eMailed MurthyBulletin and click the URL provided. This an Announcement Only list. Subscribers cannot post to the list. . . . . . . . . . . . . . . TOPICS in this Edition of the MurthyBulletin : 1. RIR Conversion Update 2. STRIVE Act of 2007 Introduced in the U.S. House of Representatives 3. Faster FOIA Response Available for Limited Class 4. Consular I-130s Resume 5. MurthyDotCom : Did You Know about our Consulate Page? 6. Important Processing Times and Dates . . . . . . . . . . . . . . Engaging the Murthy Law Firm : Our 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. . . . . . . . . . . . . . . ©MurthyDotCom 1. RIR Conversion Update ©MurthyDotCom As regular readers of MurthyDotCom and the MurthyBulletin may recall, April 1, 2007 is the deadline to submit all "hold harmless" RIR conversion documents. Applications must be postmarked on or before this date. This is a process that applies to labor certification cases pending at the U.S. Department of Labor (DOL) Backlog Processing Centers (BPCs). It is a procedure for converting traditional (TR) labor certifications to Reduction in Recruitment (RIR) at the BPCs. Those who took advantage of this opportunity likely will have completed all steps by the time this article is published. There is a limited group, however, who received an extension until April 13, 2007, due to DOL delays in transmitting the necessary prevailing wage determination. ©MurthyDotCom Basic Procedure ©MurthyDotCom The procedure and rationale behind the TR-to-RIR conversion process was outlined in our December 15, 2006 MurthyBulletin article, DOL Facilitates RIR Conversion of Regular LC Cases, available on MurthyDotCom. Under the procedures known as the hold-harmless method of conversion, an employer could have eMailed the DOL by January 22, 2007 of their intent to proceed with requesting conversion by April 1, 2007. In exchange, DOL would not issue ad instructions, which would have made the case ineligible for conversion. The DOL would also acknowledge receipt of the hold-harmless eMail and provide the prevailing wage determination for the case, without which the case could not move forward. ©MurthyDotCom Prevailing Wage eMail Delays ©MurthyDotCom The DOL announced on March 16, 2006 that they had replied to all hold-harmless eMails with prevailing wage determination eMails. Many American Immigration Lawyers Association (AILA) members, however, expressed concerns over not having received the prevailing wage response eMail. To address these concerns, the DOL requested a list of such cases and provided a system for communicating with them about the problem. ©MurthyDotCom Extension Granted for Some until April 13, 2007 ©MurthyDotCom Employers and attorneys who received the prevailing wage eMail between the 1st and 16th of March 2007 were granted an extension until April 13, 2007 for submitting RIR Conversion documents to the DOL. The extended deadline also applies to cases in which the prevailing wage determination was challenged. The extension is intended to address cases for which the receipt of the prevailing wage eMail was so close to the April 1st deadline that employers and attorneys did not have sufficient time to prepare the necessary RIR conversion documents. There has not been, as of this writing, an announcement regarding any extensions for cases for which the prevailing wage eMail was not issued by March 16, 2007. ©MurthyDotCom Conclusion ©MurthyDotCom This DOL procedure is intended to facilitate action on the long-pending BPC labor certifications. The conversion procedure was utilized by the Murthy Law Firm in many eligible cases where our clients requested the conversion after notification of that option. The net result in terms of assisting the DOL to reach its goal of completing all BPC cases by September 2007 remains to be seen. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 2. STRIVE Act of 2007 Introduced in the U.S. House of Representatives ©MurthyDotCom Representatives Luis Gutierrez (D-IL), Jeff Flake (R-AZ) and other leading House Democrats and Republicans unveiled the STRIVE Act, a bipartisan comprehensive immigration reform bill, on March 22, 2007. The bill has been enthusiastically received by various governmental, public, and professional organizations, as it purports to provide a comprehensive solution to current shortcomings in the U.S. immigration policy. The full name of this proposed legislation is the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007. ©MurthyDotCom Overview of the STRIVE Act ©MurthyDotCom The STRIVE Act is a piece of comprehensive immigration legislation, much-awaited by almost all segments of U.S. society; ranging from undocumented workers to immigration enforcement agencies. It contains most of the provisions that were introduced in the U.S. Senate Judiciary Committee last year. In addition, it contains provisions that would ensure improvements to border security until any legalization of undocumented immigrants could begin, as well as new requirements that undocumented immigrants leave the U.S. in order to return in valid immigration statuses. ©MurthyDotCom The STRIVE Act contains seven titles, which include border security, strengthening interior enforcement, more stringent employment verification requirements, a new worker program, protection of families, avenues for earned legalization for qualified, hardworking individuals, and various miscellaneous provisions pertaining to the immigration court system, relief for immigrant victims of the 9/11 attacks and facilitation of naturalization for members of the armed forces. ©MurthyDotCom Provision for Migrant Workers ©MurthyDotCom Among most prominent features of the STRIVE Act are a new flexible worker program that provides for legal status for migrant workers, a way for undocumented immigrants to earn legal status, elimination of backlogs in family and employment-based immigration, and strong border security. The STRIVE Act incorporates the DREAM Act of 2007 and AgJOBS of 2007. The DREAM Act of 2007 is legislation designed to provide for legalization for children of "illegal" immigrants. The AgJOBS Act of 2007 provides for immigration status for agricultural workers. [Refer to our recent March 9, 2007 MurthyBulletin article, DREAM Act Reintroduced, available on MurthyDotCom.] ©MurthyDotCom Elimination of Family- and Employment-Based Backlogs ©MurthyDotCom Of particular interest to MurthyDotCom and MurthyBulletin readers is Title V, which is aimed at both the family- and employment-based backlogs. Its provisions are designed to assist highly-skilled workers to immigrate to the United States, as well as address certain shortage occupations, such as nursing. Included in the provisions are increases in both family- and employment-based visa numbers, as well as creating exemptions from the limits for certain highly-educated foreign nationals. It also proposes to change the current system of counting one visa number per person to allow for counting one visa number per family, in most situations. ©MurthyDotCom H-1 Cap Exemptions ©MurthyDotCom The bill also includes increased H-1 cap exemptions to help address the H-1 cap crisis. Included are unlimited exemptions for persons with U.S. advanced degrees, as well as exemptions for all non-profit organizations. Persons with advanced foreign degrees would also benefit by H-1 cap exemptions for those with degrees in science, technology, engineering, and math. ©MurthyDotCom Current Posture of this Bill ©MurthyDotCom It is important to note that the STRIVE Act has not yet become law, and is only just beginning the legislative process. As explained in our August 2, 2002 article, The Legislative Process - How a Bill Becomes a Law, available on MurthyDotCom, this is a complex and lengthy process. Legislation, even if passed, often takes on various amendments and changes by the time it is passed - if it is passed - into law. We at the Murthy Law Firm will continue to monitor this Bill, to report any significant developments to our readers. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 3. Faster FOIA Response Available for Limited Class ©MurthyDotCom The U.S. Citizenship and Immigration Services (USCIS) is establishing new Freedom of Information Act (FOIA) processing procedures beginning March 30, 2007. As part of this initiative, the USCIS will use a three-track system, whereby, in the third track, there is a possibility for accelerated processing of FOIA requests for an individual scheduled to appear before an immigration judge. This is seen as a major step toward improving customer service by giving priority to time-sensitive FOIA requests. ©MurthyDotCom What is FOIA? ©MurthyDotCom FOIA allows for access to certain information that is in the hands of the federal government. The fundamental principle of FOIA is open access to information and documentation controlled by the U.S. government. While FOIA requires the government to release information to those making the request, it also contains exemptions based on matters that involve sensitive information and infringement on personal rights. Government agencies must comply with FOIA and provide requested information and documents that are not covered by an exception. If these procedures are not followed, the government runs the risk that a special, appointed counsel will initiate a proceeding to determine if disciplinary action is warranted. ©MurthyDotCom What FOIA Means for an Individual ©MurthyDotCom As a government agency, the USCIS is bound by these special requirements to provide information on each particular individual taken from his/her "A-File." FOIA comes into play for most foreign nationals in that it provides them with a way to obtain copies of their files and to track their immigration history. It is often very useful in clearing up questions, particularly for those who have complex histories. Attorneys often want to file an FOIA so that they can see what has been previously filed on behalf of a client and what actions the government may have taken against a client. This can be important in a number of contexts, but can be particularly important for those foreign nationals in removal / deportation proceedings. ©MurthyDotCom The New FOIA Procedures ©MurthyDotCom Beginning March 30, 2007, the USCIS will use a three-track system, as opposed to the current two-track system, to process FOIA requests. The first two tracks currently in use by the USCIS are (a) routine requests and (b) those that require additional search and review time. These are basically a faster and slower track, partially related to the amount of documentation requested. Historically, however, FOIA requests could take many months to process. ©MurthyDotCom The new, third track added by the initiative will be used for FOIA requests in cases where an individual is in immigration (removal / deportation) proceedings. To utilize this accelerated access, it is necessary to have documentation that the individual is in removal / deportation proceedings. The USCIS has not specified an estimated time for responding to FOIA requests in this new category. In its press release, however, it was indicated that the addition of the new, accelerated track "will not only enhance our FOIA processing times, but also help us reduce FOIA backlogs." ©MurthyDotCom FOIA Requester Service Center to Track FOIA Filings ©MurthyDotCom The National Records Center operates a telephone line established to answer questions about filing FOIA requests, provide status updates on pending requests, and otherwise provide assistance in obtaining records from the USCIS. The phone number of the FOIA Requester Service Center line is 816.350.5570. It is open from 7:30 a.m. to 2:30 p.m. Central Time. ©MurthyDotCom Conclusion ©MurthyDotCom This third track for processing FOIA requests can provide much needed relief to a certain segment of MurthyDotCom and MurthyBulletin readers who may be affected by it. Under the current system, it is recommended that one limit the FOIA request to those documents that may help in the understanding of one's case. This is preferable to keeping it open ended, in an effort to obtain the FOIA response more quickly. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 4. Consular I-130s Resume ©MurthyDotCom The U.S. Department of State (DOS) announced at the end of March 2007, that consular posts will, in limited situations, accept I-130 petitions for immediate relatives, once again. This practice had ended on January 22, 2007, as the result of changes in the law known as the "Adam Walsh" Act. The consulates were not equipped to perform the required additional screening of the petitioning relatives required by that Act. This was reported to MurthyDotCom and MurthyBulletin readers in our February 2, 2007 article, New Petitioner Rules for Family Based I-130 Petition and K Cases. ©MurthyDotCom Cases Eligible for Consular Processing of I-130 Petitions ©MurthyDotCom The eligible cases are a very limited group of I-130 family petitions. The U.S. consulates can accept these for immediate relatives of U.S. citizens who reside abroad in the consular district. Immediate relatives include spouses, minor children, and parents of U.S. citizens. In order for the U.S. citizen petitioner to meet the "residing" requirement, s/he must show that s/he has resided legally in the district for at least six months. The legal residence must be in a non-temporary status; therefore, students and tourists will not qualify. ©MurthyDotCom Eligibility also extends to members of the armed forces, as well as emergency situations and other special cases that are in the national interest. The announcement provided examples of what is meant by emergency or national interest. The example provided for a family emergency was a situation where minor children were to be left without a caretaker. An example of a national interest situation involved a military / government employee, pending a transfer and needing to facilitate the travel of a spouse and/or minor children. ©MurthyDotCom USCIS Option ©MurthyDotCom The option to file I-130s at the consulates applies to those locations where there is no U.S. Citizenship and Immigration Services (USCIS) international office that can accept the case. The USCIS offices abroad also accept I-130 petitions, under the criteria stated above for the consulates. These offices can be found through the USCIS WebSite. The number of consulates greatly exceeds the number of USCIS offices abroad. Notwithstanding this fact, however, one must use the USCIS office abroad, in those situations where there is one available, rather than using the consulate. ©MurthyDotCom Conclusion and Reminder ©MurthyDotCom The DOS revised its procedures quite quickly to restore this limited, but valuable, option for immediate relatives of U.S. citizens who reside abroad and for a small, additional class of U.S. citizen petitioners. MurthyDotCom and MurthyBulletin readers are reminded that U.S. citizens and permanent residents living in the U.S. must file I-130 petitions at the appropriate USCIS office within the United States. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 5. MurthyDotCom : Did You Know about our Consulate Page? ©MurthyDotCom At MurthyDotCom we provide visitors with a centralized location for all the news from or about U.S. consulates abroad. While the consulates fall under the auspices of the U.S. Department of State, we know that many of you need information specific to the consulates, themselves. Our Consulate Page also provides links to the sites for U.S. Consulates in India, Canada, Mexico, and a list of all consulates worldwide, as well as the Indian Embassies in the United States. ©MurthyDotCom The next session MurthyChat will be Monday, Apr 02, 2007, 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 © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 6. 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 © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . Slogans covered by pending applications as service marks of the Murthy Law Firm for registration with the U.S. Patent and Trademark Office include 'Immigration Matters!' 'Your immigration matters!' 'We know immigration matters!' 'We know your immigration matters!' MurthyDotCom, MurthyBulletin, MurthyChat, MurthyForum, and MurthyFoundation. . . . . . . . . . . . . . . This Bulletin is not sent unsolicited. The information provided above 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. Disclaimer and Privacy Policy are available on MurthyDotCom. To Unsubscribe, please click the URL provided below (or copy and paste the URL into the address field of your web browser). Changing profiles is irrelevant to MurthyBulletin subscribers as demographic and personal data was not gathered at the time of initial subscription.   . . . . . . . . . . . . . . Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved MURTHYBULLETIN Weekly Immigration eNewsletter Murthy Law Firm
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