MurthyBulletin
VOL. XIII, no. 39; September 2007, week 4
Posted : Sep 28, 2007
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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 :
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1. Congressional Hearings on USCIS Fee Increase
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2. DOL Issues Foreign Labor Certification Performance Report
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3. USCIS Publishes New Rule for U Visas
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4. MurthyDotCom : Did You Know the Value of Our Articles?
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5. Important Processing Times and Dates
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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.
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1. Congressional Hearings on USCIS Fee Increase
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The U.S. House of Representatives Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law held a September 20, 2007 hearing on the U.S. Citizenship and Immigration Services (USCIS) fee increase rule. The Subcommittee heard the testimony from top USCIS officials, including the USCIS Deputy Director, the Chief Financial Officer, and the Associate Director for Domestic Operations, as well as representatives of professional and public organizations. While the testimony of most of the witnesses was not available at the time of this writing, the Murthy Law Firm was able to obtain the record of the testimony from one of the organizations, National Association of Latino Elected and Appointed Officials (NALEO), whose Executive Director, Mr. Arturo Vargas, spoke to the Subcommittee. [Editor's Note: As we go to press, we note that more testimony is now available at http://judiciary.house.gov/media/pdfs/Yates070920.pdf.]
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USCIS Steep Fee Increases - NALEO’s Concerns
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Addressing the U.S. House of Representatives Subcommittee on Immigration, Mr. Vargas urged USCIS to rescind its recent application fee increases. To support his position, Mr. Vargas described how the new fees place undue financial burden upon many foreign nationals. According to Mr. Vargas, the new fees will need to be lowered to permit the nation’s newcomers to pursue their immigration goals.
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NALEO has had first-hand experience working with immigrants and has conducted extensive research in the field of immigration. The organization is well aware that the fee increases will not only deprive individual foreign nationals of the ability to obtain immigration benefits, but, as a result, will negatively affect the U.S. economic and social well-being. Many of the immigrants-to-be have skills and talents to contribute to this country's labor pool. If unable to afford the steep filing fees, they will either have to leave the U.S. or violate their immigration statuses in order to stay. This would result in many problems for them, their families, their employers, and even the USCIS's own coffers, since the USCIS relies upon the filing of petitions and applications to offset expenses for enforcement and other activities.
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Mr. Vargas also made several policy recommendations that could offset the USCIS's budget deficit. These include, among other measures, the need for Congressional appropriations to supplement fee revenue to cover agency costs.
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On behalf of NALEO, Mr. Vargas concluded by expressing his deep concern for the future of the United States, if the USCIS does not reconsider its new fee policy. Eloquently stated, "As our nation looks to the future, the economic, social and civic contributions of immigrants will continue to play a key role in our growth and prosperity…." The USCIS's recent fee increases are a serious obstacle to achieving fair policies, and are a symptom of a fundamentally-flawed system for financing our immigration operations."
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Conclusion
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The hearing on September 20, 2007 was not pertaining to a particular bill or other legislation currently pending with Congress. It does indicate an interest on the part of the House, however, in collecting opinions from officials and the general public, reflecting concern that may grow into a major policy change. MurthyDotCom and MurthyBulletin readers will be updated on this important topic as new information becomes available.
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2. DOL Issues Foreign Labor Certification Performance Report
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The Office of Foreign Labor Certification (FLC) issued its Performance Report for the period of March 28, 2005 to September 30, 2006. The purpose of the Report, dated August 2007, is to provide details on the Department of Labor's (DOL's) Foreign Labor Certification Programs, and to highlight the patterns and trends among employers and foreign workers.
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The Role of the DOL's Foreign Labor Certification Programs
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Through the Employment and Training Administration (ETA), the DOL works to fulfill two goals: (1) aid employers in hiring, if U.S. workers are unavailable and (2) protect the wages and working conditions of U.S. workers. To facilitate these goals, the ETA has Foreign Labor Certification Programs for both temporary and permanent employment. Certification by the FLC can be the first step towards obtaining employment-based admission to work in the United States. On a temporary basis, foreign nationals may be admitted under H1B status for skilled workers, as well as other, unskilled temporary statuses. Employers also seek certification from the FLC for the purpose of permanent employment under PERM.
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PERM Program for Permanent Employment - Statistics on States and Occupations
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The DOL implemented the PERM labor certification process, effective March 28, 2005. The Report focuses primarily on the first full year of data collection after implementation, from October 1, 2005 to September 30, 2006. For that reporting period, the FLC indicates that the Chicago and Atlanta National Processing Centers were adjudicating applications consistently with each other, suggesting to the FLC that efficiencies were created as a result of the reengineering of the labor certification (LC) process. Practice tells us, however, that the Atlanta National Processing Center is working at a far slower pace than the Chicago Center at this time. This conflicts with the results of the Report, but the officials at the DOL have readily admitted to the current discrepancies in processing times and problems with delays through the Atlanta Center.
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The FLC states that, during the reporting period, 85,204 cases were certified with the top five states of intended employment being California, New York, Florida, Texas, and New Jersey. Interestingly, 82.4 percent of all LCs are for individuals already in the U.S. in nonimmigrant status, such as H1B. The positions of Computer Software Engineers (Applications and Systems) and Computer Systems Analyst were the top occupations for which LCs were filed. The country of origin with the most workers seeking labor certifications was India, more than triple the next represented group of China.
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Temporary Labor Certification Programs
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The most common temporary LC program is in connection with H1B petitions. The H1B program is for specialty occupations requiring at least a bachelor's degree. While a labor market test generally is not required, the employer must make certain attestations as to conditions of employment that are regulated by the FLC. Employers must attest that the wage offered is at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job; or, alternatively, the prevailing wage for the occupation in the area of intended employment, whichever is greater. A Labor Condition Application (LCA) is filed with the FLC through an on-line system. The majority of H1Bs are in the information technology field, according to the Report. The FLC Report mentions that over 385,000 LCAs were issued during the reporting period. We note that many individual cases involve more than one LCA, as they are location-specific.
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Conclusion - Atlanta Needs to Process Cases Faster
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We appreciate the FLC's providing the Performance Report to give users of the Foreign Labor Certification Programs a glimpse into the volume and types of filings made by employers and foreign nationals. The DOL appears to be making strides in streamlining their programs and providing the necessary resources to improve its systems. We share the concern of many that the adjudication times of the Atlanta National Processing Center for PERM are far longer than those of Chicago, however. It is our hope that the DOL will take action to bring the adjudication times for Atlanta in line with Chicago, so that there are not significant variances based upon jurisdiction.
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3. USCIS Publishes New Rule for U Visas
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The U.S. Citizenship and Immigration Services (USCIS) published an Interim Rule on September 17, 2007 pertaining to new "U" visas for certain victims of crimes who assist government officials in investigating or prosecuting criminal activity. The general public is invited to comment on the rule that establishes procedures for applicants seeking U nonimmigrant status. The rule is scheduled to take effect on October 17, 2007.
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What is a "U" Visa?
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Congress created the "U" classification as part of the Victims of Trafficking and Violence Protection Act. This visa category offers not only protection and temporary benefits to foreign nationals who are victims of crimes, but also bolsters law enforcement capabilities to investigate and prosecute criminal activity. In the past, many immigrant crime victims were hesitant to come forward, particularly when they did not have legal status. The "U" category is designed to encourage one with knowledge of a crime (that is in violation of U.S. law or has occurred in the U.S.) to come forward and assist with the investigation process, thereby obtaining some immigration benefits for their help and cooperation.
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Benefits Provided by U Visa
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A foreign national who holds a U visa may come to the U.S. for up to four years on the temporary U visa / status and may be accompanied by family members (spouse, children, unmarried siblings under 18, and parents). These individuals will be provided automatic employment authorization. The total number of visas for primary applicants is 10,000 per year.
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Conclusion
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The new U visa may be beneficial to many who would not be able otherwise to stay in the U.S. legally. Also, it hopefully will facilitate crime investigation and prevention. If anyone thinks s/he or someone s/he knows may benefit from applying for this nonimmigrant U visa classification, s/he should contact an immigration attorney for advice and assistance.
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4. MurthyDotCom : Did You Know the Value of Our Articles?
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5. 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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