MurthyBulletin VOL. XIV, no. 51; Dec 2008, week 3 Posted : Dec 19, 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. January 2009 Visa Bulletin : EB Categories Move Forward Slightly   2. Holiday Closings of Government Offices 3. USCIS Final Rule for Religious Workers  4. USCIS Interim Final Rule on Form I-9 for Employment Verification 5. Reminder : Murthy's Corporate Teleconference - Wed, Jan 07, 2009 6. MurthyDotCom : Do You Know How We Can Help You? 7. 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. January 2009 Visa Bulletin : EB Categories Move Forward Slightly ©MurthyDotCom The U.S. Department of State (DOS) recently published the Visa Bulletin for January 2009. The January 2009 Visa Bulletin has few changes over the December 2008 Visa Bulletin in the employment-based (EB) categories. There is slight forward movement in EB2 India and China. The EB3 category had a more significant change for China, and a minor change for India. The EB categories that were current in December 2008 remain current for January 2009. Indications for the EB categories in this Visa Bulletin are summarized below. [The most recent Visa Bulletin chart, which includes family-based categories and their movement, can always be found on MurthyDotCom.] ©MurthyDotCom Summary of Visa Bulletin ©MurthyDotCom Employment-Based, First Preference (EB1) This category is current for all countries of chargeability. ©MurthyDotCom Employment-Based, Second Preference (EB2) This category remains current for all countries, with the exception of India and China. The cutoff date for India moved forward by one month, and is now July 1, 2003. China moved forward by slightly more than a month, to July 8, 2004. ©MurthyDotCom Employment-Based, Third Preference (EB3) This category continues to have cutoff dates for all countries of chargeability. The cutoff date for the "worldwide" category, as well as the Philippines, did not change, but remains at May 1, 2005. The cutoff date for Mexico advanced slightly more than two months, to November 15, 2002. China saw more significant progress, and, for the month of January 2009, has a cutoff date of June 1, 2002. India inched forward to an October 15, 2001 cutoff date. ©MurthyDotCom EB3 Other Workers This category moved forward to March 15, 2003 for all countries. ©MurthyDotCom Employment Based Fourth / Fifth / Religious Workers, and Targeted Employment The EB4, EB5, Religious Workers, and the targeted employment categories are all current. ©MurthyDotCom Conclusion ©MurthyDotCom We will continue to share useful information to help MurthyDotCom and MurthyBulletin readers make decisions regarding Visa Bulletin issues. The backlogs reflected in the Visa Bulletin are the result of the demand for visa numbers exceeding the limited supply under U.S. immigration law annual immigrant quota limits in the various EB categories. ©MurthyDotCom The January 2009 Visa Bulletin does not explain the changes in the cutoff dates, or make any predictions for the future. This Visa Bulletin is the fourth in Fiscal Year (FY) 2009, and marks the beginning of the second quarter of FY2009. Since visa numbers are allocated, in part, on a quarterly basis, this could explain the changes in some categories. ©MurthyDotCom Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 2. Holiday Closings of Government Offices ©MurthyDotCom This holiday season, we remind MurthyDotCom and MurthyBulletin readers to be mindful of federal holiday schedules in connection with their immigration cases. Important for expectations of appointment availability at the local USCIS offices as well as for meeting filing deadlines, one should also bear in mind that lawyers' offices may observe the holidays with abbreviated schedules, and some may have limited availability during the holiday season. ©MurthyDotCom USCIS Schedule of Closings ©MurthyDotCom The USCIS, as part of the U.S. government, closes for federal holidays. It also has other closures from time to time, due to anything from natural disasters to various internal operations. For 2009, all USCIS offices and application support centers will be closed on Thursday, December 25th and Friday, December 26th. ©MurthyDotCom Times of USCIS field office closings are available on the USCIS WebSite. This provides information about planned as well as unplanned office closings. ©MurthyDotCom Strictly Adhere to USCIS Deadlines on RFEs, NOIDs, Denials ©MurthyDotCom It is always best, if at all possible, to file before the deadline, rather than use any exceptions to the rule that provide for additional time. There are regulations about deadlines that fall on Saturday, Sunday, or a holiday. While, generally, the deadline is extended to the next business day, one should make no such assumption. Immigration deadlines usually are not flexible, and any failure to meet a deadline can have serious consequences for an individual, an entire family, and/or a business. Any questions about deadlines in one's immigration process should be discussed with a qualified, experienced immigration attorney. ©MurthyDotCom Be Mindful of Postal Service and FedEx Closings ©MurthyDotCom The holiday season is a busy time for the U.S. Postal Service (USPS) and other delivery services. Nothing that is urgent or has a deadline should be entrusted to regular, standard mailing procedures. As indicated on the USPS WebSite, Post Offices are closed on all federal holidays. Advance planning is needed, as even Federal Express (FedEx) takes occasional holidays. ©MurthyDotCom Closings at Lawyer's Offices or Law Firms ©MurthyDotCom Contrary to the wishes of their clients, and the perceptions of their own families, even lawyers occasionally take a break. Individuals who have travel plans and are uncertain about documents and other details should contact their lawyers at the earliest opportunity. Those individuals whose attorneys may be unavailable during extended portions of the holidays, with no one to cover for them, should ensure that there are no outstanding immigration matters that cannot wait. ©MurthyDotCom At the Murthy Law Firm, our attorneys work in teams, so that our clients with urgent matters always have access to an attorney or other staff member, during normal business hours, even if the assigned attorney may be on vacation. There will always be an attorney or staff member available to step in to address our clients' needs. Our firm is closed for business on Thursday December 25, 2008 and Thursday January 1, 2009, for the federal holidays. We will also close at 2:00pm, Eastern Time, on December 24, 2008. ©MurthyDotCom Conclusion ©MurthyDotCom Much of the immigration process is about planning ahead. Holidays, with various business closures, are just another aspect of this planning. In the United States, this is a traditional time for people to relax and enjoy time with their friends and loved ones. We at the Murthy Law Firm would like to take this opportunity to wish each of you a happy holiday season and a prosperous 2009. ©MurthyDotCom Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 3. USCIS Final Rule for Religious Workers  ©MurthyDotCom This overall description of the new rule pertaining to religious nonimmigrant and immigrant workers is provided for the benefit of MurthyDotCom and MurthyBulletin readers who might be impacted. There have been some recent and significant changes with regard to the religious worker classification. On November 21, 2008, the USCIS issued a series of informational documents on the final rule pertaining to nonimmigrant (R-1) and immigrant religious worker (EB4) classifications. The new rule is meant to "ensure integrity of the Religious Worker Program." The final rule was published in the Federal Register on November 26, 2008 and became effective immediately upon publication. In addition to the changes described below, the new rule includes many other important changes. All those who may be affected by the new rule should review it in its entirety and consult with a qualified immigration attorney. ©MurthyDotCom R-1 Visas Will Require an Approved Petition ©MurthyDotCom One of the most important changes embodied in the final rule is the universal requirement of an approved petition before the R-1 visa may be issued. Previously, individuals seeking to enter the United States in the nonimmigrant, R-1 visa category were able to request a religious worker visa at the appropriate U.S. consulate, without the prospective R-1 employer filing a petition and obtaining the approval. The new rule requiring the approval of the I-129 Petition filed by the employer should "allow USCIS to verify that the petitioner and the job offer are legitimate prior to the issuance of a visa and admission of the religious worker to the United States." ©MurthyDotCom This requirement is in accord with the already existing requirement for filing of a petition (Form I-360) on behalf of special religious worker immigrants and most other nonimmigrant categories. A petitioner is now required to submit an attestation (included in the nonimmigrant Form I-129 and the immigrant Form I-360), verifying the worker's qualifications, the nature of the job offered, and the legitimacy of the organization.   ©MurthyDotCom R-1 Initial Time Period and Extension ©MurthyDotCom While the five-year maximum period of stay for an R-1 religious worker remains unchanged, the initial period of admission is now reduced from three years to 30 months. A petitioner is allowed to request an extension of the R-1 category for up to an additional 30 months. ©MurthyDotCom USCIS Onsite Inspections of Religious Facilities ©MurthyDotCom Under the new rule, the additional notification may be provided to employers that USCIS "may conduct onsite inspections of organizations seeking to employ religious workers." If, during an inspection, the USCIS reveals any derogatory information that prevents the approval of the petition, the USCIS is obligated to issue a Notice of Intent to Deny (NOID). The petitioner has the option to rebut the derogatory evidence with new evidence in an attempt to overcome the NOID and obtain an approval. ©MurthyDotCom Special Immigrant Non-Minister Categories ©MurthyDotCom The sun set on the current religious worker law as of October 10, 2008. It was for classes of immigrant religious workers other than religious ministers. The new rule extends the period during which non-minister petitions have to be approved until March 6, 2009. By then, such an individual "must have a petition approved on [his/her] behalf and either enter the United States as an immigrant or adjust status to permanent residence while in the United States." All cases that have been held in abeyance at the USCIS, pending the outcome of the new rule, will be adjudicated accordingly. ©MurthyDotCom Reasons for Changes in Religious Worker Classification ©MurthyDotCom MurthyDotCom and MurthyBulletin readers may recall from our May 11, 2007 article, USCIS Proposes Revisions for Religious Workers, that the USCIS proposed significant revisions to the religious worker classifications in 2007. This was to address fraud and misrepresentation in these categories. After a period of public comments, the USCIS adopted most of the initially proposed provisions, effective November 26, 2008. ©MurthyDotCom Sources for Additional Information on Religious Workers ©MurthyDotCom The USCIS documents regarding the Final Rule include, USCIS Update [PDF 31.9KB], USCIS Fact Sheet [PDF 46.2KB], and Questions and Answers [PDF 44.1KB]. The complete Final Rule is available in the Federal Register [PDF 187KB]. ©MurthyDotCom Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 4. USCIS Interim Final Rule on Form I-9 for Employment Verification ©MurthyDotCom The U.S. Citizenship and Immigration Services (USCIS) announced an Interim Final Rule on December 17, 2008, intended to streamline the current Employment Eligibility Verification (Form I-9) process. The main changes include prohibiting the use of any expired documents, and adding foreign passports with machine-readable immigrant visas to the list of acceptable "List A" documents, establishing identity and employment authorization. ©MurthyDotCom Three Lists of Acceptable Documents ©MurthyDotCom As MurthyDotCom and MurthyBulletin readers may recall from our August 23, 2002 article, I-9 Employment Verification Requirements, employers must verify the identity and work authorization of each newly-hired employee within three days of hire. Acceptable documents are split into three lists, termed List A, List B, and List C, depending upon whether they prove identity (List B), work authorization (List C), or both (List A). It is necessary to provide either one document from List A, or one document from List B accompanied by one document from List C. List A documents establish both identity and work authorization within one document. This list includes documents such as a U.S. passport, I-551 Permanent Resident ("green card"), and an Employment Authorization Document (EAD) containing a photograph. List B documents establish identity, only. List C documents establish authorization to work, only. Thus, if one does not have a List A document, s/he must present both a List B and a List C document establishing identity and authorization for employment.  ©MurthyDotCom Expired Documents No Longer Acceptable ©MurthyDotCom The Interim Final Rule specifically states that U.S. passports and List B documents may not be used in the Form I-9 verification process if they have expired. Under prior regulations, such documents were acceptable even if the expired. As part of this rule-making process, the U.S. Department of Homeland Security is amending its Form I-9 regulations to exclude such expired documents. In this Rule, DHS explains that expired documents are more prone to fraudulent use than unexpired ones. Thus, for example, even though one's U.S. citizenship does not end with the expiration of the passport, the expired passport is no longer considered acceptable. Documents that do not include an expiration date are considered unexpired. ©MurthyDotCom Pre-Printed Temporary I-551 Notation Acceptable ©MurthyDotCom Current regulations permit the consideration of temporary I-551 (Permanent Resident, or "green card") stamps in unexpired foreign passports for completion of Forms I-9. The Rule adds to List A foreign passports containing specially-marked, machine-readable visas with preprinted, temporary I-551 notations. Such preprinted I-551 notations indicate that these individuals are U.S. lawful permanent residents. ©MurthyDotCom Temporary Resident and Older EAD Cards The Rule eliminates Forms I-688, I-688A, and I-688B (Temporary Resident cards and older versions of the Employment Authorization card/document) from List A. The USCIS no longer issues these cards and all such cards in circulation have expired. ©MurthyDotCom I-9 Form has Additional Information on Interim Final Rule ©MurthyDotCom A December 12, 2008 USCIS press release is available on the USCIS WebSite. The Interim Final Rule [PDF 1.38MB] and a set of questions and answers are also available online. ©MurthyDotCom Conclusion ©MurthyDotCom U.S. employers must use the revised Form I-9 for all new hires, and to re-verify any employee with expiring employment authorization beginning 45 days after publication of this rule in the Federal Register. The Department of Homeland Security (DHS) WebSite will make the new Form I-9 available 45 days after publication of the rule. We will continue to track changes to DHS's Form I-9 requirements to share pertinent information, important to employers and employees, many of whom are MurthyDotCom and MurthyBulletin readers. ©MurthyDotCom Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 5. Reminder : Murthy's Corporate Teleconference - Wed, Jan 07, 2009 Topic : Making Your Business Work : Workforce Reductions & Immigration Law Compliance ©MurthyDotCom The January 2009 teleconference presented by the Murthy Law Firm will focus on strategies for employers amidst workforce reductions. While the slowing economy is imposing changes, it is important to follow the requirements under immigration law regarding employment termination. Attorneys from the Murthy Law Firm will discuss how to prepare for and handle reductions in force and other terminations in the immigration law context. The discussion will include issues for both foreign nationals holding temporary status, like H1B, as well as the potential impact on the permanent residence ("green card") process. As the Department of Homeland Security and Department of Labor scrutinize immigration-related business practices, it can be invaluable to proactively gather information on how to address workforce reductions. Led by Attorney Sheela Murthy, the January 2009 Murthy Law Firm Teleconference will explain some of the nuances and issues that employers should watch for in times of increased employee layoffs, including foreign national workers. ©MurthyDotCom Employers and their representatives can find more detail and learn how to register here.  ©MurthyDotCom Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 6. 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 you with your 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. We have the facility for companies and individuals to request free pre-hire appointments with an attorney, as well as a method for obtaining a quick fee quote for services. ©MurthyDotCom MurthyChat : The next MurthyChat session will be Monday, Jan 05, 2008, 9:00pm Eastern Time (U.S.). The chat generally occurs on the 1st and 3rd Mondays 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 . . . . . . . . . . . . . . 7. 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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