VOL. XIV, no. 41; Oct 2008, week 2
Posted : Oct 10, 2008

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"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.
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TOPICS in this Edition of the MurthyBulletin :

1. No Crime Involving Moral Turpitude for Two Separate Convictions

2. U.S. and U.K. Border Agencies Announce Cooperative Agreement

3. DHS Statistics on Nonimmigrant Admissions from 1998 - 2007

4. Murthy Law Firm Sponsors Embassy Day 2008

5. Best of MurthyDotCom : H1Bs Can Change Fields

6. Announcement : Murthy Corporate Teleconference Series - Wed, Nov 05, 2008
Topic : The Mysteries of Mergers & Acquisitions

7. MurthyDotCom : Did You Know about Our Travel Page?

8. 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. No Crime Involving Moral Turpitude for Two Separate Convictions
©MurthyDotCom
The Administrative Appeals Office (AAO) recently found that a single conviction for patronizing a prostitute did not qualify as a crime involving moral turpitude (CMT). The AAO found that a waiver of inadmissibility was not required. In this particular case, the permanent resident, or "green card," application was denied and an appeal was filed with the AAO, since there was a denial of the waiver of inadmissibility. Fortunately for the green card applicant, the AAO found that the waiver was not needed because the crime was not a CMT and the appeal was dismissed, so that the individual was able to obtain U.S. permanent resident status.
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Background : District Director Denies Waiver
©MurthyDotCom
The foreign national in this case had applied for permanent residence, and was found to be ineligible by the USCIS. Ineligibility was based upon a finding that the applicant was inadmissible to the U.S. under existing law, having been convicted of two CMTs. The convictions were for forgery and for patronizing a prostitute. The applicant requested a waiver of the inadmissibility, based upon extreme hardship to certain U.S. citizen or permanent resident relatives. The waiver was denied and appealed to the AAO. Individuals convicted of CMTs are inadmissible There is an exception, however, for situations involving a single conviction that fits within what is referred to as the petty offense exception.
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Definition of Crime of Moral Turpitude
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In this appeal, the AAO discussed what qualifies as a CMT. This decision referred to a number of BIA and federal court decisions that interpret the CMT concept. The AAO emphasized that CMTs refer to conduct that 'shocks the public conscience as being inherently base, vile or depraved... .' Long-time readers of MurthyDotCom and the MurthyBulletin may recall a detailed discussion of CMTs and inadmissibility from our June 21, 2002 NewsBrief entitled, Beware: Serious Immigration Consequences of Shoplifting.
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AAO Finds that Patronizing Prostitute not CMT
©MurthyDotCom
The AAO found that the District Director improperly characterized the conviction for patronizing a prostitute as a CMT. The AAO relied upon a Board of Immigration Appeals (BIA) case in finding that a single act of soliciting prostitution on one's own behalf is not a CMT. The AAO noted that other crimes related to prostitution, such as maintaining a house of prostitution or securing another for employment as a prostitute have been found to be CMTs.
©MurthyDotCom
Remaining Conviction is Petty Offense
©MurthyDotCom
The remaining conviction for forgery fit within what is known as the petty offense exception. This applies to a single conviction of a CMT, with a maximum possible jail sentence of one year or less. The AAO held that the conviction of forgery in the third degree met the petty offense exception. This determination meant that the applicant was not inadmissible from the U.S. and did not need a waiver approval before his status could be adjusted to that of lawful permanent resident.
©MurthyDotCom
Avoid Activity that Can Cause a Denial or Other Problems

The analysis and legal argument over whether a crime is a CMT can be complex and can depend upon the exact wording of the statute. The ability to use the petty offense exception depends upon the possible length of the sentence permitted by law.
©MurthyDotCom
Just because a crime is not a CMT, does NOT mean that it is in any way acceptable or advisable. Prostitution is illegal in most states in the United States. The police often set up "sting" operations, situations to catch people who patronize prostitutes, as prostitution is a crime often connected to many other types of vice and organized crime. Aside from the obvious health risks of contracting diseases, including HIV/AIDS, such an arrest or conviction must be revealed on one's forms that request such disclosure throughout the immigration process. At a minimum, this is embarrassing; particularly when one may have to reveal such matters to an employer or to family members.
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Conclusion
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This non-precedent AAO decision emphasizes the seriousness of criminal conduct, guilty pleas, convictions, and criminal sentences. Due to the complexity of the interplay of criminal law and immigration law, it is important that foreign nationals charged with any crime seek legal advice from a knowledgeable, experienced immigration attorney before entering their pleas in criminal court, or before admitting to any wrongdoing in the presence of an officer or in court.
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Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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2. U.S. and U.K. Border Agencies Announce Cooperative Agreement
©MurthyDotCom
The U.S. Customs and Border Protection (CBP) published a September 23, 2008 news release, announcing the beginning of an exchange of critical passenger information with the United Kingdom Border Agency (UKBA). This cooperative agreement is intended to protect both countries through the sharing of information on potential threats, including smugglers, foreign criminals, and immigration violators.
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Agreement Signed in Washington DC
©MurthyDotCom
This joint agreement was signed by CBP and UKBA officials at a ceremony held in Washington DC, on June 24, 2008. CBP Commissioner W. Ralph Basham and UKBA Head of Border Force Brodie Clark both issued statements. As a result of this joint agreement, CBP's National Targeting Center (NTC) and UKBA's Joint Borders Operations Centre will share information meant to strengthen verification of travel documents, detection of false identities, determinations of admissibility, and identification of persons who pose a security risk to either nation.
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Improvements to Existing Programs
©MurthyDotCom
The purpose of the agreement is to develop a bilateral pilot program to facilitate travel between the U.S. and U.K. The International Expedited Traveler Initiative (IETI) will integrate CBP's Global Entry Program (GEP) with the U.K.'s registered traveler program. Regular MurthyDotCom and MurthyBulletin readers may recall a detailed June 20, 2008 discussion of the GEP program available in our NewsBrief entitled, CBP Global Entry Pilot Program.
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Conclusion
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This joint agreement between CBP and UKBA should strengthen the efficiency of both border agencies and the security of both countries. It seems likely that future agreements and arrangements may be entered into with other countries to improve travel and enhance security.
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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3. DHS Statistics on Nonimmigrant Admissions from 1998 - 2007
©MurthyDotCom
The U.S. Department of Homeland Security (DHS) released statistics September 26, 2008 on nonimmigrant admissions for fiscal years 1998 through 2007. These statistics reveal interesting information on the number of nonimmigrant admissions into the U.S. during the most recent decade and the various nonimmigrant classifications on which people entered and exited the U.S. during this timeframe. Out of more than 170 million nonimmigrant admissions in the ten-year timeframe, about one quarter entered as nonimmigrants with I-94 cards.
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Nonimmigrant Statistics Available Online
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These statistics are separated into categories, resulting in a number of charts showing details of the nonimmigrants' genders, ages, countries of citizenship, countries of residence, states of destination, and visa categories. The statistics provided are the number of admissions to the U.S., not the number of people admitted. Thus, it appears that a single person, traveling multiple times, would be counted each time s/he enters or exits the United States.
©MurthyDotCom
These nonimmigrant statistics, in the form of eleven tables, have been posted on the DHS WebSite. The DHS table providing the most general statistics, detailing nonimmigrant admissions by visa classes, may also be found online.
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Total Admissions vs. Admissions with I-94 Cards
©MurthyDotCom
The USCIS's statistics indicate that in 2007, there were a total of 171,400,000 nonimmigrant admissions to the United States. Of this number, 37,149,651 were admitted under terms of an I-94 card issued by the U.S. Customs and Border Patrol (CBP). MurthyDotCom and MurthyBulletin readers may wish to refer to our June 30, 2006 NewsBrief entitled, Always Keep a Copy of your I-94 Cards.
©MurthyDotCom
Increase in Nonimmigrant Admissions over the Decade
©MurthyDotCom
H1B admissions nearly doubled, increasing from 240,947 in 1998 to 461,730 in 2007. Total L-1 and L-2 admissions rose from 302,451 to 531,073 during the same period. Treaty trader, treaty investor, and Australian free-trade agreement admissions (for E-1, E-2, and E-3 categories) rose from 144,572 to 238,936 during this ten-year period. Again, this largely appears to be a matter of increased travel, rather than a doubling of individuals in the particular categories.
©MurthyDotCom
Conclusion
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We at the Murthy Law Firm appreciate the DHS's providing this report on nonimmigrant admissions to the U.S. over the past decade. We will continue to monitor DHS press releases and announcements, and provide updates to MurthyDotCom and MurthyBulletin readers who wish to understand issues dealing with U.S. immigration law and travel-related matters.
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Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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4. Murthy Law Firm Sponsors Embassy Day 2008
©MurthyDotCom
The Murthy Law Firm recently was pleased to co-sponsor and attend the 20th Annual Embassy Day in Bethesda, Maryland. Organized by the World Trade Center Institute (WTCI), the event's mission is to encourage economic development through the enrichment of international trade. The successful occasion hosted nearly 600 attendees, representing more than 60 nations worldwide.
©MurthyDotCom
Joined by attendees from prestigious companies, like T.Rowe Price, Northrop Grumman, Phillips Foods, and Sodexo, the event was the perfect occasion to engage in Maryland's foremost international business network. Through the opportunity to meet diplomats from the embassies of India, China, Russia, South Africa, and many other countries, the Murthy Law Firm was proud to further our support of the immigrant and business communities around us.
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The trade exhibition also gave our firm the opportunity to offer conference attendees the chance at a raffle for a free consultation with one of our attorneys. Congratulations to our consultation winner!
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Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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5. Best of MurthyDotCom : H1Bs Can Change Fields
©MurthyDotCom
Since 1994, we at the Murthy Law Firm (originally known as The Law Office of Sheela Murthy) have been providing useful information to our readers on matters of U.S. immigration law, as well as regulations and procedures. While some aspects of immigration have changed in significant ways in the years since we began publishing our articles, there is still much that remains the same. From time to time, we will select articles that are still relevant, to which we often refer our clients today.
©MurthyDotCom
H1Bs Can Change Fields
Posted on MurthyDotCom Jun 08, 2007
©MurthyDotCom
PLEASE NOTE : With the current downturn in the economy, many are faced with layoffs and potential layoffs. For persons in H1B status, this prospect often makes it necessary to find new employment in order to remain in the U.S. legally. Thus, we thought it would be helpful to remind MurthyBulletin readers that H1B workers often have some flexibility as to which type of professional employment they may accept. Many of our readers are very well-educated, with multiple degrees and extensive experience, applicable to several fields. For this reason, we are again running our article on the ability of H1B workers to change fields. (Oct 10, 2008)
©MurthyDotCom
A question that often arises among MurthyDotCom and MurthyBulletin readers involves a person in H1B status who wishes to change to a field of employment that is different from the field of his or her current H1B job. Such an individual often thinks that there has to be a similarity between the current H1B job and the prospective H1B position. To clarify for our readers; this is not true. There is no limitation on a change in fields in an H1B. One is in no way "locked in" to the type of job held in the current H1B as long as s/he he has the degree required for the new job or position.
©MurthyDotCom
Fact Pattern Commonly Encountered with H1Bs
©MurthyDotCom
Question : I am on an H1B. I have a bachelor's degree in computer science and a master's degree in mechanical engineering. My current H1B job is a computer programming position. I have an opportunity to change to an engineering position. Can I do this? Does it matter that the job descriptions for my current job and my new job are different? Will I need a cap number to change to a different type of job? I thought there was a requirement that the jobs be the same or similar.
©MurthyDotCom
Answer : It is NOT necessary for the new H1B job to be similar to the current H1B job in any fashion. What is necessary is for both jobs to meet the general H1B requirements for a specialty occupation. That is, the positions must require the minimum of a bachelor's degree in a field of specialized knowledge. Of course, the foreign national beneficiary must possess the required degree or its equivalent.

Potential for New Type of Job
©MurthyDotCom
Thus, since many people have multiple degrees, they could potentially qualify for multiple types of H1B jobs. Additionally, many who have degrees in math, engineering, physics, and other technical areas have extensive experience in information technology (IT) and work within that area. They often qualify for IT-related H1B positions. They could, however, also potentially qualify for positions that more directly match their degree fields.
©MurthyDotCom
There is no need for the jobs to be in the same or similar job category. The same or similar requirement is a concept used in green card cases when an individual is changing jobs under AC21 portability. It does not relate to H1B eligibility.
©MurthyDotCom
No Cap Number Needed
©MurthyDotCom
The change in fields does not impact the need for an H1B cap number. Moving from cap-subject H1B employment to another cap-subject employer does not require another cap number since the person was counted before against the regular or U.S. advanced-degree quota.
©MurthyDotCom
Conclusion
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The misconception that H1B holders cannot change fields, or that they need a cap number to do so has led some to think they cannot change their employment. This is not correct, as explained for the benefit of MurthyDotCom and MurthyBulletin readers. It is our goal to clarify matters that cause confusion for many as they traverse the landscape of U.S. immigration law.
©MurthyDotCom
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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6. Announcement : Murthy Corporate Teleconference Series - Wed, Nov 05, 2008
Topic : The Mysteries of Mergers & Acquisitions :
Unraveling the Immigration Law's Requirements for Your Business & Employees
©MurthyDotCom
The November 2008 teleconference presented by the Murthy Law Firm will focus on Mergers and Acquisitions (M&A). With rapid corporate changes increasingly common in the current economic climate, the Murthy Law Firm is focusing on some of the key issues that arise in these situations. While each M&A deal has individual traits, the due diligence generally required can include examining I-9 forms and compliance, LCA public access files, and the impact on the continuing employment of foreign nationals. Attorneys at the Murthy Law Firm will discuss some of the possible immigration-related effects of different kinds of M&A transactions such as mergers, asset purchases, and spin-offs. We will discuss why a proactive approach to examining these matters can greatly benefit all parties subject to corporate changes. Employers or their representatives to attend this Murthy Law Firm teleconference.
©MurthyDotCom
Employers and their representatives can find more detail and learn how to register here. 
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Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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7. MurthyDotCom : Did You Know about Our Travel Page?
©MurthyDotCom
Immigrants, nonimmigrants, tourists, and students always have questions about when it is safe to travel and what documentation they should carry. With the summer travel season before us, it is important to be prepared. At MurthyDotCom we provide a Travel Page with links to articles as well as to U.S. consulate and embassy websites. Our articles on this topic range from transit to changes in security measures that may impact our readers as they move about the U.S. or reenter from a trip abroad. Whatever your question regarding travel, find your answers on MurthyDotCom!
©MurthyDotCom
MurthyChat : The next MurthyChat session will be Monday, Oct 20, 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. 
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MurthyForum : Consider joining those who have discovered the value of this service. Our message / discussion board is visited daily by one of our attorneys.
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MurthyDotCom - MurthyBulletin - MurthyChat - and MurthyForum - Your ultimate U.S. immigration resources on the Internet all start with MURTHY!
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Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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8. 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.
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Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved