MurthyBulletin
VOL. XV, no. 44; Oct 2009, week 5
Posted : Oct 30, 2009
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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. USCIS Shares Useful Info Pending I-485 Charts
2. DHS Retracts Controversial No-Match Rule
3. What if CIR Passes? Can USCIS Handle the Increased Workload?
4. Reminder : Murthy's Corporate Teleconference - Wed, Nov 04, 2009
5. MurthyDotCom : Did You Know about MurthyToGo?
6. 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. USCIS Shares Useful Info Pending I-485 Charts
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The revised USCIS WebSite contains some detailed charts (PDF 537KB) regarding pending employment-based (EB) adjustment-of-status (I-485) cases. These charts provide a breakdown of the pending I-485 cases by country of chargeability, category, and priority date. This is extremely helpful in visualizing the volume of cases in each category, and the pending demand for visa numbers in each subcategory.
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Over 200,000 EB I-485 Cases Pending
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There are six such I-485 charts available with data regarding pending EB cases. One chart reflects all pending I-485 cases, by EB category, and priority date. The priority date breakdowns are only by month and year. Other charts further divide the information by country of chargeability. The chart for cases chargeable to India is the fifth chart in the group. The charts currently available, as of this writing, reflect filings through August 2009. The volume of cases is rather staggering, with the total pending showing as 233,816 overall, with 111,296 chargeable to India.
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Framework on Visa Numbers and Priority Date Movement
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Many people have difficulty understanding why the U.S. Department of State (DOS) Visa Bulletin contains cutoff dates that are years in the past. [The most recent DOS Visa Bulletin chart is always available on MurthyDotCom.] For example, EB3 India has a cutoff date of April 22, 2001 (for November 2009). The reason for this becomes clearer when the chart reflects that, even at this late date, there are still over 500 EB3 India pending I-485 cases with priority dates in April 2001 or earlier. This, of course, does not account for cases pending at the U.S. consulates. The numbers of cases with later priority dates in the EB3 India category is enormous, particularly when compared to the very small annual allocations of visa numbers in this category.
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EB2 India has a better picture than EB3, but the chart again will help to explain why forward movement in the Visa Bulletin cutoff dates is so limited. The current cutoff date is January 22, 2005 (for November 2009). The chart reports more than 7500 pending EB2 India I-485s with priority dates through January 2005, inclusive.
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Grim Reality is Helpful for Planning Purposes
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For some, the information reflected on these charts provides a clear, though grim, understanding of why there is a queue and where they are in the queue of individuals awaiting immigrant visa numbers. Sometimes it is helpful to gain a better understanding in order to anticipate delays that lie ahead.
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At the time of this writing, the charts available are several months old. We have seen a good volume of I-485 approvals for EB2 India cases, during September and October 2009. This is only a tiny drop, however, when compared to the tens of thousands of cases that remain pending in EB2, India. Thus, for most, these charts do not paint a positive picture.
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Conclusion
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We at the Murthy Law Firm appreciate the USCIS's efforts in making this very clear information available. It is useful both for those who seek an understanding of where they stand in the I-485 process, as well as for illustrating the severity of the visa number backlogs. With various official pronouncements about immigration reform, these charts clearly reflect an area in great need of positive immigration reform and relief.
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2. DHS Retracts Controversial No-Match Rule
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The U.S. Department of Homeland Security (DHS) issued a Federal Register notice on October 7, 2009, formally rescinding its proposed rule on no-match letters. The issuance of no-match letters from the Social Security Administration to employers, when Social Security numbers (SSNs) did not match their database, has been the topic of much debate; as has the DHS's effort to use the no-match to hold employers accountable. The DHS will now increase focus on the E-Verify system to enforce work authorization requirements, instead of the no-match letter strategy. This issue was explained in our July 17, 2009 article, DHS to Withdraw No-Match Rule.
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DHS and the No-Match Regulation Controversy
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Had the no-match regulation been implemented, employers would have faced potential prosecution for failure to terminate employees whose names and SSNs did not match in a federal database. The controversial rule was scrapped amid legal challenges, driven by concerns about the accuracy of the database, which could generate no-match letters on the basis of routine clerical spelling discrepancies, unrecorded name changes, and similar variations. Opponents feared that even U.S. citizens and permanent residents could lose their jobs on the basis of erroneous no-match letters.
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DHS Reasoning for Retraction of No-Match Rule
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In the Federal Register, the rationale given by the DHS for retracting the no-match rule, noted that "a more appropriate utilization of DHS resources would be to focus enforcement / community outreach efforts on increased compliance through improved verification, including increased participation in the U.S. Citizenship and Immigration Services (USCIS) E-Verify employment eligibility verification system, the ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs."
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Conclusion
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The final rule, rescinding the no-match provisions, will take effect November 6, 2009. The DHS's justification was resource utilization, but clearly this proposed regulation would not have died out without the concerted legal battle that resulted in preventing its scheduled implementation since 2007. Many other compliance and enforcement measures continue to expand, and employers must remain vigilant regarding Form I-9 and other immigration-related hiring requirements.
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3. What if CIR Passes? Can USCIS Handle the Increased Workload?
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The U.S. Citizenship and Immigration Services (USCIS) is gearing up for a surge in workload, in anticipation of comprehensive immigration reform (CIR) legislation. The Obama Administration has made immigration reform an important legislative goal, although this has been delayed by the pressing priorities of the economic crisis and health care reform. The USCIS wants to be ready for the anticipated increase in their workload.
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Immigration Reform is Controversial and Difficult
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Even though President Obama and the Republican presidential nominee, John McCain, were rivals for the U.S. presidency, they were in agreement that CIR is required to deal with the many problems currently prevalent in U.S. immigration law and policy. Despite this agreement between then Senators McCain and Obama, before the election, immigration reform is a difficult and controversial issue.
©MurthyDotCom
As mentioned, movement on a CIR bill has been stalled, awaiting resolution of another complex matter, health care reform. While it is unclear precisely what shape the final immigration reform legislation might take, it is widely expected to carry at least some provisions to regularize the status of the estimated 12 to 15 million people who currently reside in the United States without proper legal status or valid legal documents. The Obama Administration has announced its intention to include a legalization program when its legislative proposal is submitted to Congress.
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Possible Flood of Applications if CIR Passes
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Any type of legalization program will face significant opposition, particularly during an economic downturn. However, given the numbers of individuals possibly eligible, even under a less expansive program, the USCIS must prepare for a potential onslaught of applications if any type of CIR passes and becomes the law. As many MurthyDotCom and MurthyBulletin readers know from personal experience, the USCIS has historically suffered from backlogs and capacity issues. Were such a measure to pass, absent substantial changes, a flood of new applications could pose a significant challenge to the processing capacity of the USCIS.
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USCIS Preparing to Expand Rapidly, Should Need Arise
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A Reuters blog quoted USCIS spokesman, Bill Wright, as saying, “The agency has been preparing for the advent of any kind of a comprehensive immigration reform, and if that means a surge of applications and operations, we have been working toward that.” USCIS Director, Alejandro Mayorkas, has stated that the goal of the USCIS is to be ready to expand rapidly to handle the increase in applications that would result from CIR. In the past, opponents have used lack of capacity and preparation as an argument against CIR and expansion of eligibility for immigration benefits.
©MurthyDotCom
Will CIR Result in Increased or Reduced Backlogs for Others?
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Legal immigrants and their employers have concerns about being disadvantaged by any CIR legislation that would provide benefits to undocumented workers. However, true CIR is not limited to these provisions, and would be expected to contain provisions regarding various aspects of legal immigration. CIR certainly will be hotly debated and any proposed legislation will be modified throughout the debate process.
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As part of the preparations of the USCIS, and in order not to harm those who have already initiated cases under existing law, the USCIS needs to continue to work on backlogs. While significant progress has been made in many areas, and case processing times have been improved greatly, there are still case backlogs that need to be addressed.
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Conclusion
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We know that MurthyDotCom and MurthyBulletin readers are concerned about possible significant changes to immigration law. We will continue to follow these matters and advise our readers regarding these changes. As the legislative debate continues to unfold, check MurthyDotCom for updates and analysis on immigration reform proposals.
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Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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4. Reminder : Murthy's Corporate Teleconference - Wed, Nov 04, 2009
Topic : Consular Processing H1B/L-1 Nonimmigrant Visas and EB Immigrant Visas
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The topic of this teleconference in our series for employers and their representatives is an overview of consular processing for H1B/L-1 visas as well as for employment-based (EB) immigrant visas. The session will also address some consular matters specific to employees of IT consulting companies. As many employees are now planning to travel during the holiday season, this is a timely discussion for employers who may be concerned about their employees' consular processing. Attorneys from the Murthy Law Firm will discuss basic requirements for consular processing, special issues for IT consulting companies, and some of the most frequently asked questions about consular processing.
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Employers and their representatives : register for Nov 04, 2009 here.
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5. MurthyDotCom : Did You Know about MurthyToGo?
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If you prefer your news on the go, the Murthy Law Firm provides two means of accessing the latest topics in U.S. immigration news. Mobile on MurthyDotCom is available to anyone using a cellular phone with a built-in web browser or PDA with wireless capability, like the Treo from PalmOne or Windows Mobile devices. An RSS feed is also available, if this is more convenient for your hand-held devices. Use MurthyToGo so that you are never out of touch!
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MurthyChat : The next MurthyChat session will be Monday, Nov 02, 2009, 9-9:30pm Eastern Time (U.S.). In response to your requests, we will return to providing the MurthyChat EVERY MONDAY night. 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 © 2009, MURTHY LAW FIRM. All Rights Reserved
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6. Important Processing Times and Dates
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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 © 2009, MURTHY LAW FIRM. All Rights Reserved
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