Updates on Labor Substitution, Katrina, and E-3s
Posted Sep 30, 2005
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Attorneys from The Law Office of Sheela Murthy, PC attended an AILA meeting in Washington DC, on September 21, 2005, at which Efren Hernandez III, Chief, Business and Trade Services Branch, Office of Adjudications, was the main speaker. Mr. Hernandez always provides helpful insights into the latest immigration developments and policy matters. We summarize some of the highlights of this meeting for the benefit of our MurthyDotCom and MurthyBulletin readers.
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Labor Substitution Regulation Delayed
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As many of our readers know, there is an effort by the U.S. Department of Labor (DOL) to eliminate the process known as labor substitution. Labor substitution, in sum, is the ability of the company sponsoring a green card case to request that a foreign national, other than the individual named as the labor certification beneficiary, be "substituted" into the labor certification as the beneficiary. This matter was covered in our August 26, 2005 MurthyBulletin article Proposal to End LC Substitution and Require Prompt I-140 Filing, available on MurthyDotCom.
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At least for the time being, it appears that this regulation is being pushed back. The possibility of the elimination of this process apparently generated significant concern in the business community. Our above-referenced article raises some of the many concerns and objections to the elimination of the process.
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While this matter has not been entirely put to rest, it at least appears to be derailed for the time being. Although the elimination of the LC Substitution has seemingly been shelved for now by the DOL, those who are beneficiaries of labor substitution cases or are considering using this procedure, should exercise care and caution, taking note of the concerns voiced in our September 9, 2005 article, Beware of Fraudulent LC Substitution Cases, also available on MurthyDotCom.
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Katrina Relief
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There is pending legislation that addresses many of the immigration aspects related to the devastation caused by Hurricane Katrina. The general government policy is to be generous with respect to the relief given to those affected by the hurricane as well as those whose services are needed in the U.S. to help with the clean up and rebuilding efforts. Among the items being addressed is possibly liberalizing existing immigration interpretations in order to allow foreign emergency workers fast, lawful entry and work authorization. There are matters pertaining to foreign students who will have to relocate and gain admission to new schools. For these students, there are concerns surrounding maintaining their status, avoiding problems with SEVIS registration, and the potential need for income due to the loss of belongings and, in some cases, loss of tuition payments. Important to some are efforts to address gaps in H or L status due to work loss caused by Katrina. This is being looked into with an eye to helping those genuinely harmed by the hurricane, without helping those who were out of status prior to the hurricane or for reasons unrelated to the hurricane.
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Hurricane Katrina-related matters were covered previously in the MurthyBulletin, including our September 16, 2005 articles, ICE Provides Guidance for Students Impacted by Katrina and USCIS Relocates Certain Offices Impacted by Hurricane Katrina, both available on MurthyDotCom. We at The Law Office of Sheela Murthy will continue to update our readers as the government moves forward in its efforts to address the many disruptions posed by the storm and its aftermath.
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E-3s
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The U.S. Department of State (DOS) has issued regulations regarding the process by which eligible Australians can apply for E-3 visas to come work for U.S.-sponsoring companies. This topic was covered in our September 9, 2005 article, DOS Issues E-3 Regulation - Australians Only. This consular procedure, of course, only applies to those outside of the United States. (Individuals in the U.S. potentially could travel abroad to apply at the appropriate U.S. consulate.) The USCIS is working on regulations that will address the procedures for requesting a change of status to E-3 for those eligible individuals who are in the U.S. in another lawful, nonimmigrant status. Presumably, these regulations would also address a request for an extension of status for one holding E-3 status. No timetable was given for the issuance of these regulations.
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We at The Law Office of Sheela Murthy would like to extend our thanks to Mr. Hernandez for the time he so generously spends providing information that is always useful and insightful.