MurthyBulletin VOL. XIV, no. 18; May 2008, week 1 Posted : May 02, 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. New Medical Exam Form Effective May 1, 2008 2. STEM Degree List for F-1 OPT Extensions 3. USCIS Projected Naturalization Processing Times 4. Possible Multi-Year EAD/AP, I-94 Corrections, and Anticipated AC21 Regulations 5. Reminder : Murthy Corporate Teleconference Series - Wed, May 07, 2008 Topic : Demystifying the PERM LC Process - The Basics of a Successful Green Card Case! 6. MurthyDotCom : Did You Know the Value of Our Articles? 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. New Medical Exam Form Effective May 1, 2008 ©MurthyDotCom As regular readers of MurthyDotCom and the MurthyBulletin know, when applying for adjustment of status (i.e. the last stage toward obtaining permanent residency, known as the "green card," when one files Form I-485 in the U.S.), an applicant must submit the results of a medical examination on Form I-693, which is completed by a USCIS designated civil surgeon. The USCIS WebSite provides a search feature for approved civil surgeons by geographic location. On April 22, 2008, the Service Center Operations (SCOPS) advised the American Immigration Lawyers Association (AILA) that a new Form I-693 would go into effect on May 1, 2008. An update (PDF 28.3KB) was issued by the USCIS on April 29, 2008, clarifying that the form has been revised due to the new instructions pertaining to TB screening. Previously, AILA requested that the new Form I-693 not go into effect until at least 30 days after May 1, 2008. In response, the USCIS provided additional information on the requirements for filing the I-693. ©MurthyDotCom Possibility of Grace Period to Submit the Old Form ©MurthyDotCom Based on a request for an extension of time, the USCIS indicated that an additional grace period of 30 days is currently under review. If approved, it will allow for submission of the old form until June 1, 2008. Otherwise, and as the rule currently stands, only the new Form I-693 is accepted for processing if completed after May 1, 2008. The old form will only be accepted after May 1, 2008 if it was signed by a civil surgeon prior to that date. If the old form, signed by the civil surgeon after May 1, 2008, is submitted, then the USCIS will still accept the I-485 filing, but will, at some point, issue a Request for Evidence (RFE), directing the applicant to submit the new version of the form. ©MurthyDotCom USCIS Attempting to Contact Civil Surgeons Regarding New Form ©MurthyDotCom The USCIS states that it maintains a list of over 5,000 physicians certified to perform medical examinations for immigration purposes. The USCIS has on record the eMail addresses for about half of these doctors. They plan to send eMail messages to these civil surgeons and letters to others to notify them of the new form requirement. Applicants should consider bringing their own forms, with the proper revision date, to their medical exams. This form is available from the USCIS through MurthyDotCom, and is usually available at the local USCIS office. ©MurthyDotCom Conclusion ©MurthyDotCom The new Form I-693 is an important change of which applicants for adjustment of status and civil surgeons should be aware. This is important in order to avoid possible delays and additional expenses due to the failure to submit the correct version of the form. Many civil surgeons keep a supply of paper copies of Form I-693 in their offices. It may be easy, therefore, to overlook the new form requirement. Those affected by the new requirement should verify that the civil surgeon completes the new version of the form before it is submitted to the USCIS. ©MurthyDotCom Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 2. STEM Degree List for F-1 OPT Extensions ©MurthyDotCom The U.S. Department of Homeland Security (DHS) published an interim final rule on April 8, 2008 that included provisions for certain students to extend their post-completion Optional Practical Training (OPT) period from 12 to 29 months. The regulation was reported to MurthyDotCom and MurthyBulletin readers in our April 9, 2008 article, NewsFlash! F-1 OPT Interim Final Rule of April 8, 2008 - Summary and Analysis. The extension provisions apply to students with designated Science, Technology, Engineering, and Mathematics (STEM) degrees. This has given rise to questions of whether certain degrees fit within the STEM classification. ©MurthyDotCom What is a STEM Degree? ©MurthyDotCom The determination of whether a degree program is included in the STEM designation lies with the U.S. Immigration and Customs Enforcement (ICE). The degrees are based upon the Classification of Instructional Programs Codes (CIP Codes) set by the National Center for Education Statistics. This list is available on the ICE WebSite, which also has a link to more detail regarding CIP codes. ©MurthyDotCom My Degree is not on the List ©MurthyDotCom If a particular degree does not appear on the STEM list, then it is possible to request the additional designation of a particular degree category. A link is available on the ICE WebSite for this purpose. In making the request, it is necessary to specify the CIP code and provide justification for expanding the list. Clearly, it is necessary to show the connection to the STEM category in order for the request to be considered. One should not rely on any anticipated change in the list. ©MurthyDotCom Conclusion ©MurthyDotCom Many who hold degrees that fit squarely within the STEM categories will benefit from the F-1 OPT extension provisions. Others, with degrees that may have STEM elements, need to either ensure that their degrees are on the list or request classification, if appropriate. It is important to make NO assumptions as to one's eligibility. ©MurthyDotCom Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 3. USCIS Projected Naturalization Processing Times ©MurthyDotCom The USCIS has provided projected naturalization (citizenship) case processing times, broken down by local offices. This information is available on the USCIS WebSite. The projections, released on April 22, 2008, apply to cases that were filed during the summer of 2007. The processing times range from five months in Helena, Montana, to 14.7 months in Washington D.C. This is an improvement over initial processing expectations of 16 to18 months and, for most locations, better than a recently revised estimate of between 13 and 15 months. ©MurthyDotCom Source of Naturalization Adjudication Delays ©MurthyDotCom As reported to MurthyDotCom and MurthyBulletin readers in our April 18, 2008 article, USCIS Goal for Improved Citizenship Processing Times, the USCIS received a record-breaking 460,000 naturalization filings in the month of July 2007 alone. This was the result of a substantial fee increase that went into effect at the end of July 2007. This, combined with other events that resulted in extremely high numbers of filings other than those for naturalization, added to the already strained resources of the USCIS. ©MurthyDotCom USCIS Hires Officers and Expands Hours for Naturalization Cases ©MurthyDotCom The USCIS is hiring and training more officers for processing naturalization cases. Thus, it appears that the chances of encountering a novice officer in a naturalization case will increase. The USCIS is also expanding applicant interviews so that some are held outside of normal business hours. Facilities that will be used for interviews have been increased, as well. ©MurthyDotCom Complex / Difficult N-400 Cases May Take Longer ©MurthyDotCom The processing times provided in the announcement are for cases that proceed smoothly and without additional delays. The times do not apply to cases that may be delayed due to issues attributable to the applicants, such as failure to pass a required civics, history, or language test, or the need to present additional documentation to demonstrate eligibility. Cases also can be delayed due to FBI name checks. It should be noted that the processing times provided are projected as of the end of September 2008. ©MurthyDotCom Forum Shopping ©MurthyDotCom Generally, it is not permissible to simply file the naturalization case at the most favorable location. Such filings usually are subject to a requirement that the applicant must have resided in the particular state or district of filing for at least three months prior to filing. ©MurthyDotCom Conclusion ©MurthyDotCom The USCIS obviously is trying to cope with a substantial volume of work and the pressure to process cases in a timely fashion. This surge in filings is yet another reminder to individuals to make their filings without delay. It appears that many of the naturalization applicants with cases currently pending must have been eligible for the benefit well before the July 2007 surge in filings. However, rather than file at the first opportunity, potential applicants for citizenship and others waited until substantial fee increases were going to take effect. This inevitably created the logjam of cases that now must be processed through the system. ©MurthyDotCom Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 4. Possible Multi-Year EAD/AP, I-94 Corrections, and Anticipated AC21 Regulations ©MurthyDotCom The USCIS responded to questions posed by the American Immigration Lawyers Association's liaison committee and released information in April 2008 regarding a number of matters relevant to MurthyDotCom and MurthyBulletin readers. These include consideration of a multi-year Employment Authorization Document (EAD) and Advance Parole (AP) for travel, as well as the use of Form I-102 to correct I-94 cards, future N-400 filings to the Chicago Lockbox, matters relating to EB5 petitions, and other employment-based matters. There was mention of a possible regulation for the American Competitiveness in the Twenty First Century (AC21) Act. ©MurthyDotCom Multi-Year EAD/AP under Review ©MurthyDotCom The USCIS is considering extending the duration of Employment Authorization Documents (EADs) beyond one year for applicants affected by employment-based visa retrogression. As regular MurthyDotCom and the MurthyBulletin were informed in our January 17, 2008 article, New Initiative by Immigration Voice, interest groups such as AILA, Immigration Voice, and others have been arguing for multi-year EAD cards. The proposal is being considered as part of an effort toward issuance of a combination EAD/AP document. ©MurthyDotCom There was no timetable established for a decision on this matter. Readers who rely upon their EAD and AP documents for work and travel are urged to renew them in a timely fashion, about 120 days before the expiration date to be safe. It is not advisable to wait for any potential changes in the regulations or policy regarding EADs and APs and risk a lapse in the ability to work or travel. ©MurthyDotCom Form I-102 for Corrections on I-94 ©MurthyDotCom USCIS has clarified that Form I-102 should be used to replace lost I-94 cards, regardless of whether they were issued by the USCIS (with an extension or change of status) or by an inspector of the Customs and Border Protection (CBP) at a U.S. Port of Entry. The wording on Form I-102 is a bit confusing in this regard, since it is not appropriate for use when requesting a correction of an I-94 determination made by CBP. ©MurthyDotCom The I-102 can be used to correct mistakes made either by the applicant or the USCIS. The filing fee must accompany the Form if requesting correction of an applicant's mistake. As long-time readers of MurthyDotCom and the MurthyBulletin may recall from our April 30, 2004 article, Correcting I-94 Card Errors with USCIS Now Easier!, any submission based on an alleged error by the USCIS should be accompanied by supporting evidence. ©MurthyDotCom Lockbox Expansion for N-400s ©MurthyDotCom In an effort to address the increase in naturalization applications, the USCIS plans to shift the intake of these applications to a lockbox. Their target date is September 2008. This is part of a long-term effort to streamline the intake of all applications to lockboxes over the next two years. Filing procedures for the Chicago lockbox were discussed in our December 14, 2007 article, Stand-Alone 1-130s Filed at Chicago Lockbox. ©MurthyDotCom Clarification of EB5 Requirements ©MurthyDotCom As explained in our March 14, 2008 MurthyBulletin article, EB2 Investor Must Satisfy All Legal Requirements, available on MurthyDotCom, one condition for approval is to create ten full-time U.S. jobs. The regulation states that these jobs must be produced within a "reasonable period of time." The USCIS has said what constitutes reasonable is determined on a case-by-case basis, but an I-829 petition is more likely to be approved when the jobs have been created by the time of adjudication. ©MurthyDotCom H1B or L-1 Status if Working on EAD ©MurthyDotCom It is subject to interpretation whether one who holds H-1 or L-1 status and who otherwise is maintaining that status can do so while also using an EAD to work in a part-time or other position. AILA outlined a number of arguments in support of allowing the EAD work while an individual also should be considered to be holding H1B or L-1 status. The USCIS is reviewing and considering this matter. ©MurthyDotCom AC21 Regulations under Revision ©MurthyDotCom The liaison notes made brief reference to an AC21 regulation being under revision, with publication expected in the near future. AC21 became law in October 2000 and has been interpreted through a series of Legacy INS and USCIS memos, rather than regulations. There have been previous announcements of anticipated regulations on AC21, so it is unclear whether something is finally in the offing. ©MurthyDotCom Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 5. Reminder : Murthy Corporate Teleconference Series - Wed, May 07, 2008 Topic : Demystifying the PERM LC Process - The Basics of a Successful Green Card Case! ©MurthyDotCom Our May teleconference for employers and their representatives will review the current PERM Labor Certification process, which is the most common way to sponsor a foreign worker for permanent residency, known as the "green card." The mechanics and mysteries of the PERM process will be explained, including how to present a properly completed case to the U.S. Department of Labor with the mandatory requirements completed to facilitate success. Based on our experience with the PERM Labor Certification process, attorneys at the Murthy Law Firm will share some recommendations and insights for completing this complex stage toward an employee's green card. ©MurthyDotCom Employers can find more information at : http://www.murthy.com/teleconference.html. ©MurthyDotCom Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 6. MurthyDotCom : Did You Know the Value of Our Articles? ©MurthyDotCom At MurthyDotCom we provide visitors with articles that help them in immediately practical ways. We have received numerous testimonials from readers over the years who have told us how information from MurthyDotCom or the MurthyBulletin helped them in their immigration cases. We would like to thank our loyal readers for your support and for your input, including questions, suggestions, and comments that you kindly share with us. This is a precious and valuable recognition of our efforts to keep you abreast of ever-changing immigration laws and regulations, as well as providing practical insight on many immigration matters. Read more about the Value of Articles from MURTHY on our WebSite. ©MurthyDotCom MurthyChat : The next MurthyChat session will be Monday, May 05, 2008, 9:00pm Eastern Time (U.S.). The chat generally occurs on the 1st and 3rd Monday 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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