Recent Updates : AILA D.C. Chapter Meeting, March 20, 2002
Posted Apr 05, 2002

Several attorneys from The Law Office of Sheela Murthy attended the American Immigration Lawyers Association, D.C. Chapter meeting on March 20, 2002. These meetings are a wonderful opportunity to hear from and meet with senior INS officials who help make policy decisions for the INS. The panel at this meeting included: Fujie Ohata, Associate Commissioner of Service Center Operations; Efren Hernandez, Director of Business and Trade Services; Janice Podolny, Chief, Examinations, Office of INS General Counsel; and Deborah Misir, INS Associate General Counsel.

Tourist Changes

The discussion included a wide range of current topics. Mr. Hernandez made the most dramatic announcement regarding INS' consideration of changing the standard allotment of time on a tourist visa from six months to thirty days. We previously covered this issue in depth in our March 29, 2002 article, Proposal to Reduce Tourist Stays to Only 30 Days! Mr. Hernandez stated that this change was "highly likely." DOJ initiated the change. As of March 20, the exact language of the new rule had not yet been finalized. The change will mean that persons entering on tourist visas will be given permission to stay in the U.S. for thirty days, under ordinary circumstances, instead of the routine 6-month period that has been granted to tourists for years. Additional periods of time will be allowed if the applicant can demonstrate reasons for requiring additional time.

AC21 Regulations

The INS officials mentioned that they hope to publish regulations on the American Competitiveness in the Twenty First Century Act (AC21) of October 2000 "soon." They did not give us a timeframe. The delay is due to the INS focus on other matters following the tragic events of September 11^th. The issuance of AC21 regulations, which are long awaited, has received attention, but is still in process.

Premium Processing for I-140s

According to Fujie Ohata, premium processing for I-140s is expected in early May 2002. This expedited processing will work in the same manner as H-1 and other non-immigrant work statuses. The premium-processing fee will be $1,000. In exchange, the applicant will receive a 15-day turn around for approval or request for additional information. The premium-processing program (PPP) will not be immediately available for all I-140 categories. The various categories will be classified and grouped for phased-in eligibility. For example, the INS may only allow premium processing for EB2 and EB3 Labor Certification cases but not for the national interest waiver or other more difficult cases that require time and discretion. The INS did not spell out which categories initially would be included for the PPP.

Concurrent I-140 / I-485 Filings

The ability to file Forms I-140 and I-485 simultaneously is a matter of ongoing discussion and debate. The INS must provide further justification to the U.S. Department of Justice for this proposed change in process. Post-9/11, there are particular concerns.

I-485 Receipt Rule

Contrary to a previous regulation, the current INS position is that persons who have H and L visas and are returning to the U.S. after foreign travel to resume their H or L status do not need to have their I-485 receipt notices, even if they have filed the I-485 application for adjustment of status. This information will be communicated to the INS Head of Inspections, who will issue guidance to the Port of Entry officials. Previously, this was a problem as there were substantial delays in obtaining I-485 receipts. The receipting process should improve, as the earlier delays were due to a change in the contractor responsible for issuing receipts.

The discussion included a number of other issues, including many AC21 matters. These will be covered in detail in next week's edition of the MurthyBulletin and be made available on MurthyDotCom.