MurthyBulletin
VOL. XIV, no. 16; April 2008, week 3
Posted : April 18, 2008
. . . . . . . . . . . . . .
"We know your immigration matters!" SM
The MurthyBulletin is the eNewsletter on immigration from the Murthy Law Firm. 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.
. . . . . . . . . . . . . .
TOPICS in this Edition of the MurthyBulletin :
1. May 2008 Visa Bulletin : Summary and Analysis
2. USCIS Goal for Improved Citizenship Processing Times
3. eVerify Registration to Qualify for F-1 OPT Extension
4. Possible Expedited FOIA Responses
5. H1B Lottery Completed!
Posted on MurthyDotCom Apr 14, 2008
6. Announcement : Murthy Teleconference Series - Wednesday, May 07, 2008
Topic : Demystifying the PERM LC Process - The Basics of a Successful Green Card Case!
7. MurthyDotCom : Did You Know about our Corporate PreHire Consultations?
8. 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.
. . . . . . . . . . . . . .
1. May 2008 Visa Bulletin : Summary and Analysis
©MurthyDotCom
The U.S. Department of State (DOS) has issued the May 2008 Visa Bulletin. It contains continued good news for some EB2 applicants from India and China. It also reflects significant forward movement in the EB3 worldwide category. Categories that previously were current remain current. While the focus of this article is the employment-based categories, which affect many MurthyDotCom and MurthyBulletin readers, information on both the family and employment-based categories is always available on our website at http://www.murthy.com/visadate.html.
©MurthyDotCom
Summary of Visa Bulletin for EB Categories
©MurthyDotCom
Employment-Based, First Preference (EB1)
The EB1 category remains current for all countries of chargeability.
©MurthyDotCom
Employment-Based, Second Preference (EB2)
EB2 categories for worldwide, Mexico, and the Philippines remain current. The cutoff dates for India and China moved forward by a month, with a new cutoff date of January 1, 2004 established for both countries of chargeability.
©MurthyDotCom
Employment-Based, Third Preference (EB3)
The EB3 worldwide category cutoff date moved forward by eight months to March 1, 2006. India's cutoff date moved slightly to November 1, 2001. China also inched forward to March 22, 2003. Mexico and the Philippines jumped forward more significantly to July 1, 2002 and March 1, 2006, respectively.
©MurthyDotCom
Employment-Based, Fourth Preference (EB4) / Fifth Preference (EB5) / Religious Workers and Targeted Employment
These categories are all current.
©MurthyDotCom
Explanation by DOS
©MurthyDotCom
The DOS's explanation for the ongoing forward movement in the EB categories is simply an effort to permit the USCIS to review and process substantial numbers of Adjustment-of-Status (I-485) cases at this time to avoid any unused immigrant visa numbers. Since the cutoff dates are based upon anticipated usage of visa numbers, primarily by the USCIS, it may become necessary for the DOS to make changes to the cutoff dates in the last quarter of the fiscal year, depending upon the accuracy of the predictions of the USCIS visa number usage that are driving the forward movement of the cutoff dates in certain categories.
©MurthyDotCom
We at the Murthy Law Firm will continue to report and analyze the monthly Visa Bulletin from the U.S. Department of State and the issues to which is relates. We understand how vital this information is to our readers.
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved
. . . . . . . . . . . . . .
2. USCIS Goal for Improved Citizenship Processing Times
©MurthyDotCom
The USCIS recently announced that significant steps are being taken to improve the processing time for naturalization (citizenship) cases. This appears to be in response to public criticism directed toward the USCIS following a projection of naturalization processing times ranging from 16-18 months. The significant naturalization delays were reported to MurthyDotCom and MurthyBulletin readers in our February 22, 2008 article, USCIS Expects Significant Processing Delays for Citizenship Applications. The revised estimate is between 13 and 15 months.
©MurthyDotCom
Reasons for Increased Citizenship Filings Causing Backlogs
©MurthyDotCom
In the summer of 2007, the USCIS received an enormous volume of filings, generated by two separate but simultaneous events. The first event, which is familiar to many MurthyDotCom and MurthyBulletin readers, is the series of incidents known as VisaGate, which unexpectedly permitted many green card applicants to file their I-485s, Adjustments of Status to Permanent Resident.
©MurthyDotCom
While these cases were being filed at the end of July 2007, the filing fees for many types of cases increased by amounts that were generally two to three times the previous fees. Also affected were the fees for naturalization cases, so many who were eligible for naturalization chose to apply before the fee increase went into effect. The USCIS, therefore, also received an influx of 1.4 million naturalization cases in FY2007, with 460,000 of those filed in July. According to the USCIS, this reaction to the announced increases in fees surpassed any previous response to fee increases or any other situation that might prompt those eligible to file for naturalization. (There is often a marked surge in naturalization filings prior to presidential elections or during times of immigration controversy, such as followed 9/11.)
©MurthyDotCom
USCIS Plans to Improve Processing Times
©MurthyDotCom
To improve the processing of N-400 (citizenship applications), the USCIS has undertaken the following:
©MurthyDotCom
Additional Staff, Reallocation, and Overtime
The USCIS has added approximately 3,000 new employees to assist with case processing. They also are shifting personnel to offices where they are most needed and have quadrupled funding for overtime. They have expanded their staff for naturalization interviews, and their available space for those interviews will include the asylum offices. This is important since naturalization applicants must have in-person interviews.
©MurthyDotCom
Addressing FBI Name-Check Clearances Faster
Separately, the USCIS and FBI are each addressing the delays caused by the FBI name-check process and each of them has established a timeframe for resolution, based upon how long a case has been pending at USCIS. They expect to clear the backlogs and bring processing times for 98 percent of the cases to 30 days or less by June 2009, as explained in a recent USCIS press release on the topic of citizenship processing.
©MurthyDotCom
Saturday, Sunday, and After-Hours Appointments
As yet another strategy to accommodate the need for naturalization interviews, the USCIS is expanding its hours for those interviews. The USCIS website carries an advisement that naturalization interviews will be scheduled on Saturdays, Sundays, and after normal business hours. Thus, anyone receiving such a notice should appear for the interview at the appointed time, rather than assume there is an error in the notice. An individual using the services of an attorney for a naturalization case should discuss the attorney's availability and policies with regard to weekend or after-hours interviews.
©MurthyDotCom
Conclusion
©MurthyDotCom
Even with these efforts, naturalization cases are taking longer than in the recent past. Applicants should plan for the likelihood that their cases will take approximately 13 to 15 months, as predicted by the USCIS at the current time. We at the Murthy Law Firm appreciate the efforts the USCIS is making to address this situation and process an unprecedented volume of naturalization cases, as well as their attempts to solve the logistical problems caused by the need to interview so many applicants for citizenship.
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved
. . . . . . . . . . . . . .
3. eVerify Registration to Qualify for F-1 OPT Extension
©MurthyDotCom
As MurthyDotCom and MurthyBulletin readers are aware, the U.S. Department of Homeland Security (DHS) recently published an interim final rule permitting extensions of F-1 Optional Practical Training (OPT) for an additional 17 months for students with science, technology, engineering, and math (STEM) degrees. Information on this interim regulation was published in our April 9, 2008 article, F-1 OPT Interim Final Rule of April 8, 2008 - Summary and Analysis. In order to request the extension, the employer of the OPT holder must be registered with USCIS's eVerify system. The United States Citizenship and Immigration Services (USCIS) estimates that about 12,000 students will use OPT extension. Thus, to continue extending employment to many recent graduates in the needed STEM disciplines, employers need to be aware of this requirement and register under the eVerify procedures. It is important for F-1 OPT students and their employers to know how eVerify potentially could impact the employer's business and operations.
©MurthyDotCom
Shortcomings of the Current eVerify Program
©MurthyDotCom
The eVerify system is a voluntary program, designed to prevent employers from hiring undocumented immigrants. The program has been criticized for its inaccuracy, however. The USCIS uses the database of the Social Security Administration (SSA) to confirm employee information entered on the Employment Eligibility Verification Form (I-9). The SSA estimates that 4.1 percent of its data contains errors, which translates into about 17.8 million incorrect or incomplete records. If all employers were required to use eVerify, therefore, millions of legally authorized workers, including U.S. citizens and legal permanent residents, could be rejected as “non-confirmed” to work under the eVerify system.
©MurthyDotCom
Concern about eVerify's Integrity with Millions of New Employers
©MurthyDotCom
There are also concerns regarding the capacity of the system. Currently, only about 55,000 employers (or 1%) are registered with eVerify and an additional 2,000 companies are enrolling each month. Opponents believe that adding millions of additional employers, including those who need to hire F-1 OPT students, most likely will put an unmanageable strain on the system, increasing the potential for more problems.
©MurthyDotCom
eVerify Registration Required to Hire F-1 OPTs for 17-Month Extension
©MurthyDotCom
Despite the criticism of eVerify, employers who wish to take advantage of the 17-month OPT extension must register their businesses in the eVerify program. The USCIS has information for employers about eVerify, including registration instructions, on the USCIS WebSite,
The eVerify Memorandum of Understanding (PDF 65.6KB) outlines the obligations of DHS, SSA, and the employer under eVerify. Students working for employers not currently registered with eVerify can apply for OPT extension as long as the employer subsequently registers for eVerify and requests confirmation within three days of registering. Once registered under the eVerify program, the employer must use the system for all newly-hired employees. The employer cannot limit the use to foreign students or any other selective system.
©MurthyDotCom
Conclusion
©MurthyDotCom
Since enrollment in the eVerify program is technically voluntary, but now is required in order to take advantage of the new F-1 OPT 17-month extension provision, many employers will register. These companies could face challenges due to the SSA’s data errors. Companies must follow up within eight days by contacting SSA and DHS to resolve errors in the event of a “non-confirmation” or “tentative non-confirmation” message. Currently, there is no appeals procedure for employees who receive a “final non-confirmation” message from the eVerify system and employers and improperly affected employees may need to rely on the federal courts to resolve discrepancies or errors. Future reports on the eVerify system will be published on MurthyDotCom and in the MurthyBulletin, as this will affect many F-1 students in the coming years.
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved
. . . . . . . . . . . . . .
4. Possible Expedited FOIA Responses
©MurthyDotCom
A recent lawsuit filed in a California federal court has challenged the USCIS's policy on responding to Freedom of Information Act (FOIA) requests. In Hajro v. USCIS, the plaintiff claims that the USCIS's current policy does not permit the expedited processing of all appropriate requests. If this case is successful for the plaintiff, then the USCIS will be required by law to comply with providing documents within 20 days for all FOIA requests, and to provide expedited processing in many other cases. At issue is whether the USCIS has the ability to comply with the law, given the resources (of finances and time) it currently has, should a legal decision in this case mandate its compliance within a shorter timeframe.
©MurthyDotCom
Multi-Track System for FOIA Processing
©MurthyDotCom
The USCIS began offering a three-track system (PDF 41.3KB) on March 30, 2007 for FOIA requests. The stated purpose of this new system was to enhance processing times and to eliminate FOIA backlogs. As regular MurthyDotCom and MurthyBulletin readers may recall from our March 30, 2007 article, Faster FOIA Response Available for Limited Class, current USCIS procedure under the third track allows for expedited processing only when a foreign national has a scheduled hearing before an immigration judge.
©MurthyDotCom
Claim for Additional Expedited Requests
©MurthyDotCom
The Hajro lawsuit claims that the USCIS is improperly denying expedited processing that was previously ordered under a 1991 U.S. District Court decision. In addition, the lawsuit correctly notes that, under the law, the USCIS must respond to FOIA requests within 20 days. Anyone who has ever made a FOIA request knows that it takes far longer than the 20 days required by law for the government to respond with the issuance of documents under a FOIA filing. The actual response times vary depending upon the track, but processing times generally are many months and sometimes up to a year or even longer.
©MurthyDotCom
Conclusion
©MurthyDotCom
There is no final decision in this case at the time of this writing. If the ruling is in favor of the plaintiff, then the broader application of expedited FOIA requests would benefit foreign nationals in a variety of cases in which time is of the essence and there are not complete records. It would help attorneys determine what options may be available to client and which are closed. The developments in this and other, related cases have the potential for affecting many in the immigrant community. We will continue to keep MurthyDotCom and MurthyBulletin readers advised on these matters.
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved
. . . . . . . . . . . . . .
5. H1B Lottery Completed!
Posted on MurthyDotCom Apr 14, 2008
©MurthyDotCom
On April 14, 2008, the USCIS conducted two random selections of H1B petitions to determine which cases will be eligible for the Fiscal Year 2009 (FY09) cap numbers. The first selection determined which of the cases will be eligible to receive one of the 20,000 advance degree cap exemptions. The second selection, consisted of all regular cap cases, and any cases not included in the first selection. Read the rest of this front page news report at http://www.murthy.com/nflash/nf_040808.html.
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved
. . . . . . . . . . . . . .
6. Announcement : Murthy Teleconference Series - Wednesday, May 07, 2008
Topic : Demystifying the PERM LC Process - The Basics of a Successful Green Card Case!
©MurthyDotCom
Our May teleconference will review the current PERM Labor Certification process, which is the most common way to sponsor a foreign worker for permanent residency, known as the "green card." The mechanics and mysteries of the PERM process will be explained, including how to present a properly completed case to the U.S. Department of Labor with the mandatory requirements completed to facilitate success. Based on our experience with the PERM Labor Certification process, attorneys at the Murthy Law Firm will share some recommendations and insights for completing this complex stage toward an employee's green card.
©MurthyDotCom
Employers can find more information at : http://www.murthy.com/teleconference.html.
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved
. . . . . . . . . . . . . .
7. MurthyDotCom : Did You Know about our Corporate PreHire Consultations?
©MurthyDotCom
At the Murthy Law Firm, we know that you want the best representation for your foreign national employees' immigration cases. Like all good business owners, you also are concerned about cost. If you are a company representative with the authority to hire or research the best options for your company, you may schedule a FREE Corporate PreHire Consultation with one of our senior attorneys. Learn just how reasonable our fees really are and what you can gain by becoming a corporate client of the Murthy Law Firm!
©MurthyDotCom
MurthyChat : The next MurthyChat session will be Monday, April 21, 2008, 9:00pm Eastern Time (U.S.). The chat generally occurs on the 1st and 3rd Monday of each month. 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
. . . . . . . . . . . . . .
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
Copyright : Documents from this site may be printed for personal use as long as the copyright notices are included on the print-outs and the documents are not modified or altered.