Conclusion
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Most of the timeframes in the above chart reflect a significant decrease in response time available from the standard twelve-week deadline. If, for example, the document requested by an RFE provides for a 30-day response time and it is not available and/or cannot be produced within that period of time, the application or petition is likely to be denied. Therefore, we at the Murthy Law Firm advise preparing as complete a petition or application as possible before submitting it to the USCIS to reduce the chance of receiving an unfavorable decision. If there are any documents that can be anticipated as possibly being requested in an RFE, those should be gathered in advance, so that they are immediately available for a timely RFE response.
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2. Liability for Employers who Receive No-Match Letters

The U.S. Immigration and Customs Enforcement (ICE), which is an agency within the U.S. Department of Homeland Security (DHS), issued an updated regulation during the week on August 15, 2007, related to the hiring of undocumented workers. The regulation includes new safe-harbor timeframes for employers to verify certain information pertaining to the ability of an employee to work legally in the United States. This regulation is particularly important in light of increased ICE workplace enforcement efforts, as it expands and provides for an employer's constructive knowledge and penalties for violations of employment laws.
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Employers' Deemed Constructive Knowledge
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An employer is subject to various penalties if s/he knows that an employee does not have proper employment authorization. This includes "constructive knowledge" (i.e. indirect or circumstantial knowledge). There are three situations in which an employer is deemed to have constructive knowledge, yet be failing to take appropriate steps, that would have adverse repercussions for the employer. First, when the employer is requested by an employee to sponsor his/her labor certification or immigration petition. Second, when the employer receives a letter from the Social Security Administration (SSA) stating that the information submitted for an employee does not match SSA records. Third, when the employer receives a DHS notice that the immigration document used by the employer for verification purposes while completing Form I-9 does not match the DHS records. It should be noted that "no match" letters can be issued for reasons that are not immigration related.
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New Rule Provides Timeframes for Safe Harbors to Verify Discrepancies
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The rule includes "safe harbor" procedures that employers should follow in order to avoid liability. The new procedures include timeframes considered reasonable for an employer to take in order to verify the information received from the SSA or the DHS. If the question of proper employment authorization is not resolved within the prescribed time of about 90 days, the employer has to complete a new I-9 employment verification form and then may have to choose between terminating the employee and risking the consequences of having constructive knowledge. There is no safe harbor available for an employer whose employee has been sponsored for labor certification or an immigration petition, if the employee does not have legal status.
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Conclusion
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The new ICE regulations are supposed to help employers avoid liability by providing timeframes to verify the status of their employees before taking any action. This will also give some employees sufficient warning of having to obtain valid employment authorization or provide explanations for any discrepancies in their documentation. Employers need to be careful in their hiring practices, to avoid discrimination, as well as avoiding immigration violations. Hiring a competent and experienced immigration or employment advisor and/or attorney is wise in regard to lawful hiring practices.
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3. States' Regulation of Foreign Workers is Arguably Unconstitutional
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An Arizona statute which regulates employment of undocumented foreign workers is receiving national attention, as its constitutionality is going to be challenged in federal court. The National Chamber Litigation Center, the public policy law firm of the U.S. Chamber of Commerce, represents the Chamber of Commerce in the lawsuit and is going to argue that immigration is a purely federal matter so that states cannot regulate it. The lawsuit, Arizona Contractors Association v Napolitano, was brought by a coalition of Arizona associations. The National Chamber Litigation Center is going to present an argument that the statute in question "deserves to be overturned, because it violates employers' due process rights."
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Immigration is a Purely Federal Issue
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The Arizona statute challenged by the U.S. Chamber of Commerce may soon join a number of other states' statutes already been struck down that attempted to regulate employment of foreign workers. The state statutes are not being allowed to stand, mainly because immigration is supposed to be regulated by the federal government and not by individual states. As was reported in our August 3, 2007 MurthyBulletin article, Court Strikes Hazelton Municipal Ordinances Against Immigrants, a federal judge of the central Pennsylvania district struck down ordinances in the town of Hazleton in Pennsylvania on July 26, 2007. The ordinances provided for harsh punishment for undocumented foreign nationals and employers and landlords who provide them with homes and jobs.
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The Role of the U.S. Chamber of Commerce
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The U.S. Chamber of Commerce supports legal challenges to the constitutionality of various state and municipal laws that regulate employment of foreign workers. In the case of the town of Hazleton, the Chamber submitted an amicus brief successfully challenging the validity of the ordinances. In the present case, the Chamber took a more proactive approach, actually representing a plaintiff in the lawsuit.
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Conclusion
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The regulation of employment of foreign workers is a federal matter. Under the U.S. Constitution, no individual states are allowed to take control over employers and their foreign employees. As more and more state statutes and municipal ordinances are being struck down, it is becoming clear, once again, that immigration is to be controlled on a federal level. If the states want greater enforcement, then they need to put pressure on the federal government to do so. The federal government has, in fact, recently stepped up efforts in workplace enforcement.
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4. August 15, 2007 : 60th Anniversary of Indian Independence
Posted on MurthyDotCom August 14, 2007
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We at the Murthy Law Firm would like to take this opportunity to belatedly wish our clients and our readers from India a very happy Independence Day, on this 60th anniversary of Indian swatantra, or independence. It is our pleasure, at this time, to also announce the joint commitment of the Murthy Law Firm and the MurthyFoundation to the expansion plan of the United Way Friends of India program. As such, we will help to promote voluntary charitable giving in India, for the welfare of her citizens.
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Read more on this topic in the United Way press release, available on MurthyDotCom in PDF format.
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5. MurthyBlog : Unprecedented Filings in Record Time by the Murthy Law Firm!
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An entry from Attorney Murthy's personal blog is selected on a regular basis and included here. To keep up with the MurthyBlog in its entirety, find it at (http://www.murthyblog.com).
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Unprecedented Filings in Record Time by the Murthy Law Firm!
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Attorney Murthy shares with readers how the dedication of her entire staff led to our successfully meeting all deadlines to file I-485s and related cases for our Murthy Law Firm clients.
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This Blog is available at (http://www.murthyblog.com/murthyblog/2007/08/unprecedented-f.html).
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6. MurthyDotCom : Did You Know about Our Page for Employers and Employees?
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At MurthyDotCom we know that many immigrants come to the United States chasing employment opportunities. On the other side of this equation are the U.S. employers who are looking for the best, brightest, most willing job applicants to fill positions in their companies. In the middle is the U.S. government. Among the government agencies affecting this match are the U.S. Department of State that determines whether to grant a visa to a worker bound for the U.S.; the Department of Homeland Security, whose dual role is to grant benefits as well as secure borders; and the Department of Labor that seeks to protect the U.S. workforce, while facilitating employer access to the non-U.S. workers they require. Find relevant news effecting employers and immigrant workers on our Employment Page on MurthyDotCom.
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The next session of the MurthyChat will be Monday, Aug 20, 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. 
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MurthyForum : Consider joining those who have discovered the value of this service. Our message / discussion board is visited daily by one of our attorneys.
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MurthyDotCom - MurthyBulletin - MurthyChat - and MurthyForum - Your ultimate U.S. immigration resources on the Internet all start with MURTHY!
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7. Important Processing Times and Dates
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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.
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