http://www.murthaimmigration.com From the Immigration Practice Group at Murtha Cullina LLP Wed, 30 Apr 2008 16:38:04 +0000 http://backend.userland.com/rss092 en From USCIS.gov. USCIS To Allow F-1 Students Opportunity To Request Change of Status Short-term, Immediate Measure for Beneficiaries of Selected H-1B Petitions WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it would allow F-1 students who are the beneficiaries of selected H-1B petitions for fiscal year (FY) 2009 to request a change ... http://www.murthaimmigration.com/2008/uscis-announces-automatic-change-of-status-for-f-1-students-with-approved-h-1b-petitions/ http://www.murthaimmigration.com/2008/visa-bulletin-may-2008/ From the US Department of Labor. OFLC announced that effective June 1, 2008 it will centralize the filings of it applications. 73 FR 11954 (March 5, 2008). As of that date, permanent labor certification applications (PERM) will be handled by the Atlanta National Processing Center (NPC), and temporary applications ... http://www.murthaimmigration.com/2008/labor-certification-specialization-faqs-round-1/ With less than two weeks until the H-1B Cap opens, USCIS announced some important rule changes. Click on a link below to jump to the relevant document. USCIS Announces Interim Rule on H-1B Visas Rule Fact Sheet: Changes to the FY2009 H-1B Program Interim Final Rule on Duplicate H-1B Petitions A. Final ... http://www.murthaimmigration.com/2008/interim-rule-on-h-1b-visas/ USCIS recently issued a memorandum revising its requirement that an FBI background check be complete before approving some applications, including I-485 applications. From the memorandum: Where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485, I-601, ... http://www.murthaimmigration.com/2008/new-background-check-policy-for-i-485-applicants/ The Labor Department's Board of Alien Labor Certification Appeals (BALCA) issued a number of decisions over the past few weeks. These decisions provide some insight into important labor certification issues. http://www.murthaimmigration.com/2008/recent-balca-decisions/ The Department of Justice announced higher fines for employers who violate immigration laws. There is nothing extraordinary about the fine increase - fines were increased to keep pace with inflation. http://www.murthaimmigration.com/2008/higher-civil-fines-against-employers-announced/ All stand-alone I-130 petitions should now be filed with the Chicago Lockbox according to United States Citizenship and Immigration Services (USCIS). The Chicago Lockbox is two post office boxes in Chicago (listed below). Because some couriers will not ship to a post office box, the American Immigration Lawyers Association (AILA) ... http://www.murthaimmigration.com/2008/form-i-130s-filed-with-the-chicago-lockbox/ http://www.murthaimmigration.com/2008/visa-bulletin-march-2008/ U.S. Citizenship and Immigration Services (USCIS) announced that effective today it will begin consolidating biometrics collection when employment-based adjustment of status applications and employment authorization requests are filed at the same time at one of the Service Centers. Applicants who concurrently file Form I-485 (Application to Register Permanent Status or Adjust ... http://www.murthaimmigration.com/2008/uscis-consolidates-biometrics-appointment-letters-for-i-485-applicants/ From USCIS.gov. U.S. Citizenship and Immigration Services (USCIS), anticipating that April 1, 2008 will see a repeat of the mass filings from last year, wishes to offer this list of measures the petitioner can take to ensure that their petition is correctly filed. http://www.murthaimmigration.com/2008/uscis-hints-for-filing-a-fy-2009-h-1b-cap-case/ U.S. Citizenship and Immigration Services (USCIS) announced today a new customer service initiative to streamline the adjudication of H-1B petitions. Effective immediately, USCIS will employ a special unit dedicated to processing these types of H-1B cap exempt petitions at the USCIS California Service Center (CSC). Aliens employed by certain types ... http://www.murthaimmigration.com/2008/centralized-filing-location-for-cap-exempt-h-1b-petitioners/ The February 2008 Visa Bulletin was just released and the annual limit for the India EB-2 preference category has become "unavailable". From the notes of the bulletin, Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained ... http://www.murthaimmigration.com/2008/india-employment-second-preference-becomes-unavailable-in-february-visa-bulletin/ http://www.murthaimmigration.com/2008/visa-bulletin-february-2008/ [Update January 9th, 2008 ] The February 2008 Visa Bulletin was just released and retrogression continued in the EB-2 category for nationals of India. Read about the retrogression, by following this link. We recently posted the January 2008 Visa Bulletin from the State Department. An important development was the continued retrogression ... http://www.murthaimmigration.com/2007/india-employment-second-preference-cut-off-date-retrogression-january-2008-visa-bulletin/ The latest round of FAQs on Backlog Elimination from the Department of Labor (DOL) has been reproduced below. The original pdf version is available here (.pdf). See http://www.foreignlaborcert.doleta.gov/ for prior DOL Backlog Elimination FAQs. Backlog Elimination Frequently Asked Questions Round 8 December 2007 1. Question: When is the official date that the Dallas and ... http://www.murthaimmigration.com/2007/dol-backlog-elimination-faq-december-2007/ http://www.murthaimmigration.com/2007/visa-bulletin-january-2008/ On August 15, 2007, U.S. Immigration and Customs Enforcement issued a final rule describing the legal obligations of an employer, under current immigration law, when the employer receives a No-Match letter from the Social Security Administration. http://www.murthaimmigration.com/2007/no-match-rule-resource-center/ http://www.murthaimmigration.com/2007/visa-bulletin-december-2007/ U.S. Citizenship and Immigration Services (USCIS) announced that a revised Employment Eligibility Verification Form (I-9) is now available for use. All employers are required to complete a Form I-9 for each employee hired in the United States. The revision seeks to achieve full compliance with the document reduction requirements of ... http://www.murthaimmigration.com/2007/revised-form-i-9/ From http://www.foreignlaborcert.doleta.gov/. Backlog Elimination Frequently Asked Questions October, 2007 (1) Are the Backlog Elimination Centers (BECs) still open, or did they close? As of September 30, 2007, the Backlog in the Permanent Labor Certification program has been eliminated, with nearly 99% of cases completed and the remainder awaiting responses from employers. Both of the BECs ... http://www.murthaimmigration.com/2007/dol-backlog-elimination-faq-october-2007/ USCIS Reminder to Apply for Travel Documents "USCIS urges applicants needing a travel document (Reentry Permit, Refugee Travel Document or Advance Parole) to file Form I -131, Application for Travel Document (available online at www. uscis.gov ), before the end of October 2007." http://www.murthaimmigration.com/2007/uscis-reminder-to-apply-for-travel-documents/ http://www.murthaimmigration.com/2007/visa-bulletin-november-2007/ From USCIS.gov. U.S. Citizenship and Immigration Services (USCIS) advises customers that, due to a tremendous increase in the number of applications filed, processing of fee payments and entry of cases into our tracking system is behind schedule. As a result, applicants can expect notices of receipt to be delayed. USCIS is ... http://www.murthaimmigration.com/2007/uscis-faq-on-receipt-delays-july-visa-bulletin/ From USCIS.gov. U.S. Citizenship and Immigration Services (USCIS) today announced the 100 questions and answers that comprise the civics component of the new naturalization test. USCIS will administer this new test to citizenship applicants beginning in October 2008. FAQ for New Naturalization Test Civics Questions for the Redesigned Test http://www.murthaimmigration.com/2007/uscis-announces-new-naturalization-test/ BALCA :: Matter of Demos Consulting Group, 2007-PER-00020 (5/16/07) "Since the Alien only qualified for the position under the alternative experience requirement, under section 656.17(h)(4)(ii), the Employer’s application was required to state that any suitable combination of education, training, or experience was acceptable. It did not, and we therefore find ... http://www.murthaimmigration.com/2007/balca-kellogg-language-20-cfr-part-65617h4ii/ From http://www.ssa.gov/employer/ICEinsert.pdf Dear Employer: The purpose of this letter is to provide you with additional guidance on how to respond of the enclosed letter from the Social Security Administration (SSA) in a manner that is consistent with your obligations under United States immigration laws. You are now aware that the Social Security ... http://www.murthaimmigration.com/2007/no-match-letter-guidance-for-employers-from-immigration-and-customs-enforcement/ http://www.murthaimmigration.com/2007/visa-bulletin-october-2007/ About 50,000 green cards are given away each year in the Diversity Visa Lottery. Online entry for the next lottery ("DV-2009") begins at Noon EDT on October 3, 2007, and ends at Noon EST on December 2, 2007. Last year, more than 6.4 million entries were received. There is no ... http://www.murthaimmigration.com/2007/dv-2009-diversity-visa-program/ Immigration to the United States, 1789-1930, is a web-based collection of selected historical materials from Harvard's libraries, archives, and museums that documents voluntary immigration to the US from the signing of the Constitution to the onset of the Great Depression. http://ocp.hul.harvard.edu/immigration/ http://www.murthaimmigration.com/2007/immigration-to-the-united-states-1789-1930-harvard-university-library/ "The visa squeeze leaves companies scrambling for ways to retain valuable job candidates, including using other types of visas and temporary overseas assignments. Google Inc., which filed more than 300 H-1B applications this year, says it will send 70 new hires who didn't get visas to overseas offices until it ... http://www.murthaimmigration.com/2007/will-it-be-more-difficult-to-obtain-h-1b-visas-next-year/ http://www.murthaimmigration.com/2007/visa-bulletin-september-2007/ BIA Decision - August 15, 2007 The Board of Immigration Appeals (BIA) dismissed an appeal, filed by Connecticut immigration lawyer Joe Tapper, challenging an earlier finding by an Immigration Judge that an initial visa petition was not "approvable when filed" and therefore did not meet the grandfathering requirements under 8 C.F.R. ... http://www.murthaimmigration.com/2007/bia-decision-on-approvable-when-filed/ ...part 274a of chapter I of title 8 of the Code of Federal Regulations is amended. Section 274a.1(l) is revised to read as follows: http://www.murthaimmigration.com/2007/no-match-rule-text-part-274a-of-8-cfr/ USCIS FAQ #3. Employment-Based Adjustment Applications Filed by Aliens Whose Priority Dates are Current under Department of State July Visa Bulletin No. 107. http://www.murthaimmigration.com/2007/faq-3-employment-based-adjustment-applications-i-485-july-visa-bulletin/ Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications.Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you ... http://www.murthaimmigration.com/2007/uscis-filing-fees-effective-july-30-2007/ USCIS FAQ #2. Employment-Based Adjustment Applications Filed by Aliens Whose Priority Dates are Current under Department of State July Visa Bulletin No. 107. http://www.murthaimmigration.com/2007/faq-2-employment-based-adjustment-applications-i-485-july-visa-bulletin/ USCIS FAQ #1. Employment-Based Adjustment Applications Filed by Aliens Whose Priority Dates are Current under Department of State July Visa Bulletin No. 107. http://www.murthaimmigration.com/2007/faq-1-employment-based-adjustment-applications-july-visa-bulletin/ USCIS Update :: Revised Processing Procedures for I-485 Applications. WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not ... http://www.murthaimmigration.com/2007/uscis-update-revised-processing-procedures-for-adjustment-of-status-applications/ "...even the most seasoned citizens-in-waiting were stunned by the nasty bait-and-switch the federal bureaucracy pulled on them this month. After encouraging thousands of highly skilled workers to apply for green cards, the government snatched the opportunity away." New York Times Editorial, Immigration Malpractice (07/07/2007) http://www.murthaimmigration.com/2007/july-2007-visa-bulletin-ny-times-editorial/ http://www.murthaimmigration.com/2007/visa-bulletin-august-2007/ 9 FAM 42.53 N3.6 Subsequent Petition in Employment-based Classifications Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresentation, a priority date accorded by approval of an employment-based first, second or third preference petition is retained by the beneficiary for any other first, second or third preference petition approved subsequently ... http://www.murthaimmigration.com/2007/maintaining-the-priority-date-of-a-previous-employment-based-immigrant-petition/ The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and ... http://www.murthaimmigration.com/2007/visa-bulletin-update-on-july-visa-availability/ A petition shall be considered properly filed when the completed, signed petition, including all initial evidence and the correct fee is filed with Department of Homeland Security (DHS). http://www.murthaimmigration.com/2007/9-fam-4253-n1-defining-%e2%80%9cproperly-filed/ Advanced (Boolean) Search Examples Search Term Example Returns Documents Containing: Phrases in quotation marks "aggravated felony" (quotes required) the phrase "aggravated felony" Asterisk (*) used as Wild Card "aggravated felon*" returns such phrases as "aggravated felony"; "aggravated felonies"; "aggravated felons" Near adjustment near unlawful The words adjustment and unlawful, if they appear in the document within 25 words of one another. And Not liaison and not ... http://www.murthaimmigration.com/2007/aila-infonet-boolean-search/ http://www.murthaimmigration.com/2007/visa-bulletin-june-2007/ Neufeld Memo :: Removal of the Standardized Request for Evidence (RFE) Processing Timeframe On April 17, 2007, U.S. Citizenship and Immigration Services (USCIS) published “Removal of the Standardized Request for Evidence Processing Timeframe” in the Federal Register (FR) as a final rule. 72 FR 19100. This rule will become effective ... http://www.murthaimmigration.com/2007/neufeld-memo-removal-of-the-standardized-request-for-evidence-rfe-processing-timeframe/ Orlandi Landscaping Group, 2007-PER-00016. We affirm the CO’s denial of certification on the basis that the Employer failed to properly recruit for a professional occupation, as required under 20 C.F.R. § 656.17(e)(1). http://www.murthaimmigration.com/2007/balca-perm-appendix-a-issue-professional-recruitment/ New Biometrics Process for Conditional Permanent Residents Under the old process, following the approval of Form I-751, an approval notice was issued instructing the applicant to appear at a USCIS District Office for processing of his or her Form I-551, Permanent Resident Card (“Green Card”). The approved applicant would manually submit ... http://www.murthaimmigration.com/2007/uscis-update-new-biometrics-process-for-conditional-permanent-residents/ Outback Steakhouse, 2005-INA-00096. Although the Employer's efforts were not vigorous, they were reasonable and constitute good faith efforts under the Act. http://www.murthaimmigration.com/2007/balca-good-faith-recruitment-effort-for-labor-certification/ Sec. 106. Special Provisions in Cases of Lengthy Adjudications. http://www.murthaimmigration.com/2007/h-1b-ac-21-guidance-sec-106-1-yr/ http://www.murthaimmigration.com/2007/h-1b-ac-21-guidance/ Aytes Memo Dec. 5, 2006. Guidance on Determining Periods of Admission for Aliens Previously in H-4 or L-2 Status; Aliens Applying for Additional Periods of Admission beyond the H-1B Six Year Maximum; and Aliens Who Have Not Exhausted the Six-Year Maximum But Who Have Been Absent from the United States ... http://www.murthaimmigration.com/2006/uscis-issues-guidance-relevant-to-h-1b-visas-12506-memo-from-michael-aytes/ "At least 11 of the 113 international students in the Class of 2006 were affected by the H-1B shortage, according to an e-mail survey conducted by OISS Assistant Director Monica Weeks. But that figure is probably an underestimate, as some affected graduates may not have received the e-mail or chosen ... http://www.murthaimmigration.com/2006/h-1bs-and-yale-foreign-alums-cope-with-visa-troubles-yale-daily-news/ Francis Kellogg, 1994-INA-465 and 544, 1995-INA 68 (Feb. 2, 1998) (en banc), "where the alien does not meet the primary job requirements, but only potentially qualifies for the job because the employer has chosen to list alternative job requirements, the employer’s alternative requirements are unlawfully tailored to the alien’s qualifications, in ... http://www.murthaimmigration.com/2006/perm-kellogg-language/ Aytes Memo :: June 6, 2006. Guidance on the Requirement of a "Permanent Offer of Employment" for Outstanding Researchers and Researchers. http://www.murthaimmigration.com/2006/eb-1-permanent-offer-of-employment-aytes-memo/ Aytes Memo :: May 2, 2006 :: US Masters Exemption. H-1B Cap Exemption for Aliens Holding a Master's or Higher Degree from a U.S. Institution. http://www.murthaimmigration.com/2006/h-1b-us-masters-exemption-aytes-memo-may-2-2006/ Aytes Memo :: May/December 2005. Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313). http://www.murthaimmigration.com/2005/ac-21-guidance-i-140-i-485-and-h-1b-aytes-memo-may-december-2005/ Aytes Memo :: November 23, 2005. Guidance on Evaluating a Request for the Rescheduling of an Interview and Handling the Failure of an Applicant, a Petitioner, a Sponsor, a Beneficiary, or other Individual to Appear for a Scheduled Interview. http://www.murthaimmigration.com/2005/interview-reschedule-failure-to-appear-aytes-memo/ State Department Wire :: March 24, 2005 INA 214(b), Basis of Refusal Not Equivalent to Inadmissibility or Immigrant Intent http://www.murthaimmigration.com/2005/ina-214b-basis-of-refusal-not-equivalent-to-inadmissibility-or-immigrant-intent/ Yates Memo :: March 9, 2005 :: Approvable When Filed Clarification of Certain Eligibility Requirements Pertaining to an Application to Adjust Status under Section 245(i) of the Immigration and Nationality Act. http://www.murthaimmigration.com/2005/245i-approvable-when-filed/ O’Reilly Memo :: January 10, 2005 IF the only reason for potentially denying an I-539 filed for V-2 or V-3 extension is that the alien has tuned 21, the application shall be approved and the period of admission shall be in accordance with 8 CFR 214.15(g)(1) (granted a period of ... http://www.murthaimmigration.com/2005/adjudication-of-form-i-539-for-v-2-and-v-3-extension/ Yates Memo :: April 2, 2004 Adjudication of Benefit Applications Involving NSEERS Registrants. http://www.murthaimmigration.com/2004/adjudication-of-benefit-applications-involving-nseers-registrants/ Compaq Decision. "We find that a CO may decline to grant an RIR when an employer which has laid off numerous U.S. workers, limits its consideration of qualified workers to those in a localized facility, and does not address the potential availability of workers from other locations. Moreover, we find ... http://www.murthaimmigration.com/2003/labor-certification-balca-layoffs-compaq/ Guidance for Processing H-1B Petitions as Affected by the Twenty-First Century Department of Justice Appropriations Authorization Act (Public Law 107-273); Adjudicator's Field Manual Update AD 03-09 -Yates Memo :: April 24, 2003 (.pdf) http://www.murthaimmigration.com/2003/h-1b-ac-21-guidance-yates-memo-april-24-2003/ Interpretation of "Period of Stay Authorized by the Attorney General" in determining "unlawful presence" under INA section 212(a)(9)(B)(ii). -Authorized Stay :: Cook Memo :: March 27, 2003 (.pdf) http://www.murthaimmigration.com/2003/eoscos-bridge-authorized-stay-cook-memo-march-27-2003/ Approved H-1B petitions remain valid until they either expire or are revoked by the Immigration and Naturalization Service. -Hernandez Letter (to Sheela Murthy) :: Apr. 24, 2002 (.pdf, 4 pgs) http://www.murthaimmigration.com/2002/utilization-of-dormant-h-1b-approvals/ The Purpose of this memorandum is to provide field offices with guidance on the adjudication of H-1B petitions where the beneficiary is unable to obtain a state license because he or she is not in possession of a social security card. -Cook Memo :: November 20, 2001(.pdf) http://www.murthaimmigration.com/2001/social-security-cards-and-the-adjudication-of-h-1b-petitions/ H-1B AC21 Guidance :: Pearson Memo :: June 19, 2001. Initial Guidance for Processing H-1B Petitions as Affected by the "American Competitiveness in the Twenty-First Century Act" (Public Law 106-313) and Related Legislation (Public Law 106-311) and (Public Law 106-396). http://www.murthaimmigration.com/2001/h-1b-ac21-guidance-pearson-memo-june-19-2001/ Revision of March 14, 2000 Dual Intent Memorandum -Cronin Memo :: May 25, 2000 (.pdf) http://www.murthaimmigration.com/2000/revision-of-march-14-2000-dual-intent-memorandum/ Period of stay authorized by the Attorney General after 120-day tolling period for purposes of section 212(a)(9)(B) of the Immigration and Nationality Act. -Period of Stay :: 120-day tolling :: Pearson Memo :: March 3, 2000 (.pdf) http://www.murthaimmigration.com/2000/period-of-stay-120-day-tolling-pearson-memo/ To: District Directors Service Center Directors Officers-in-Charge Regional Directors From: Office of Programs Effective immediately, the Service will accept adjustment of status applications from aliens who are subject to the 2-year foreign residence requirement of section 212(e) of the INA provided that the United States Information Agency (USIA) has recommended a waiver of such ... http://www.murthaimmigration.com/1998/waiver-of-foreign-residency-requirement-and-adjustment-of-status-for-j-nonimmigrants-virtue-memo/