MurthyBulletin VOL. XV, no. 45; Nov 2009, week 1 Posted : Nov 06, 2009 . . . . . . . . . . . . . . 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. Oct 30, 2009 Update of Regular H1B Cap : 53,800 Cases Counted 2. Conrad 30, Investor, Religious Worker, and E-Verify Extensions until Sep 2012 3. USCIS Considering an Increase In Filing Fees 4. DHS Announces Immigration Detention Reforms 5. Announcement : Murthy's Corporate Teleconference - Wed, Dec 02, 2009 Topic : The Role of the U.S. Customs and Border Protection in Immigration Matters 6. MurthyDotCom : Did You Know about Our Travel Page? 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. Oct 30, 2009 Update of Regular H1B Cap : 53,800 Cases Counted ©MurthyDotCom The U.S. Citizenship and Immigration Services (USCIS) issued updated H1B cap counts in the first week of November 2009. The most recent count, as of this writing, reflects cases filed as of October 30, 2009. The count through October 25th showed an increase of 6,100 H1B cap subject filings; the count through October 30th added an additional 1,000, for a total of 53,800 for FY10. The announcements confirm that the advanced-degree cap has been reached. This is far different from the slow trickle of filings made over the recent months. The FY10 cap count has been tracked since April 2009 on MurthyDotCom. The USCIS will continue to accept advanced-degree cases by counting them against the regular cap. ©MurthyDotCom Will Cap be Reached Soon? ©MurthyDotCom It is impossible to know how soon the H1B cap will be reached. However, the total annual allotment of regular cap numbers is 65,000. This is reduced by 6,800 numbers set aside for Chile and Singapore under trade agreements. Thus, the actual limit for H1B cases is 58,200. With the new counts for October, only 4,400 H1B cap numbers remain. This is fewer than the total number of filings made just in October 2009. Thus, if the increase reflects a trend, the cap could be reached before long. ©MurthyDotCom Why Such an Increase? ©MurthyDotCom No explanation has been provided for the increase in the count by the USCIS. It should be noted that there was somewhat of a jump in filings in September 2009. This was discussed in our October 9, 2009 article, New H1B Cap Filings Allowed Under USCIS FY10 Quota. This could be related to the fact that, now that the fiscal year is underway, it is possible to request immediate start dates for employment. It may also be related to re-filings of H1B cases that were previously denied. There are large employers that tend to file significant quantities of cases at one time. If a few such employers filed in October, this would increase the count from the pace seen in earlier months. ©MurthyDotCom No More Waiting : File Now ©MurthyDotCom Those in need of H1Bs for FY10 should file their cases without further delay. When the cap count increases each month were miniscule, it did not appear that there was any danger that the cap would be met. It may have appeared to some that the numbers would remain available for many months, if not for the entire fiscal year. With the recent announcements of 7,100 filings in October 2009, however, the cap could run out soon. If a case does not make it under the FY10 cap, it will be necessary to wait until April 2010 to file for FY11. The FY11 cases will have to wait for start dates no earlier than October 1, 2010. ©MurthyDotCom Conclusion ©MurthyDotCom The increased H1B cap count changes the picture for any remaining potential FY10 H1B filers. We at the Murthy Law Firm will continue to follow this important topic, and update our readers with new cap counts as they are issued. Watch MurthyDotCom for the latest available information. ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 2. Conrad 30, Investor, Religious Worker, and E-Verify Extensions until Sep 2012 ©MurthyDotCom President Barack Obama signed a law on October 28, 2009, extending three key immigration benefits programs. The FY10 Department of Homeland Security Appropriations Bill extends the Conrad 30, EB5 Investor, and Non-Minister Religious Worker programs until September 30, 2012. The same law also contains an extension of the E-Verify employment-authorization verification system. ©MurthyDotCom Extensions Were Expected ©MurthyDotCom The extension of the three important immigration programs was expected, as was the extension of the more controversial E-Verify program. Regular readers of MurthyDotCom and the MurthyBulletin read about a temporary extension of these programs in our October 16, 2009 article, Conrad 30, Religious Worker and EB5 Program Temporary Extensions. ©MurthyDotCom The Conrad 30 program is a J-1 physician-specific waiver program. The extended portion of the immigrant religious worker program involves non-minister religious workers. The EB5 extension relates to the immigrant program for investors. Those unfamiliar with these programs may wish to review our earlier articles describing these programs in detail. ©MurthyDotCom Conclusion ©MurthyDotCom The three-year extension of these important immigration benefits programs until September 30, 2012 is a positive step towards helping employers and individuals planning for future filings. Attorneys at the Murthy Law Firm have experience with the programs involved, and are available to assist individuals who believe they may qualify for participation in any of these programs. We will continue to follow important changes in immigration laws and policies to share information with our readers. Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 3. USCIS Considering an Increase In Filing Fees ©MurthyDotCom During a visit to Los Angeles in September 2009, USCIS Director Alejandro Mayorkas indicated that financial issues have caused his agency to consider an increase in filing fees, according to a September 24, 2009 article in the Los Angeles Times. The article states that the fee increase is being considered as a means to fill a $118 million revenue gap, caused by a drop in applications for citizenship and skilled-worker visas. ©MurthyDotCom The LA Times reported that, in the Southern California district, citizenship applications declined to 58,000 last year, compared to 254,000 in the previous year, a decrease experts have attributed to a 69 percent fee increase for citizenship applications in July 2007. At that time, the USCIS raised the filing fees for a variety of immigration benefits, including the filing costs for green cards, which more than doubled. There was widespread complaint about the 2007 fee increases and, if the proposed fee increases are implemented, they again are likely to be controversial. ©MurthyDotCom In addition to the fee increases, the USCIS also is said to be considering budget cuts. The LA Times article notes that, although the USCIS is required to be self-supporting, agency Director Mayorkas has requested a Congressional appropriation of $206 million to make up the budget shortfall. ©MurthyDotCom During his visit to southern California, the LA Times reported, Director Mayorkas pledged to continue the Obama Administration's efforts to improve his agency's services, and, as evidence of this commitment, cited recent progress in cutting backlogs and wait times for citizenship applicants. ©MurthyDotCom As of this writing, there has been no official announcement or Federal Register notice, as required to officially propose changes in the current fees. We will continue to track this issue, and will report any developments that may affect MurthyDotCom and MurthyBulletin readers. ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 4. DHS Announces Immigration Detention Reforms ©MurthyDotCom As regular readers of MurthyDotCom and the MurthyBulletin are aware, U.S. Immigration and Customs Enforcement (ICE) runs a system of immigration detention facilities that accommodate foreign nationals who are taken into custody. In an effort to inform our readers of recent developments in immigration enforcement, we include this brief update on reforms in the immigration detention policy, announced by the U.S. Department of Homeland Security (DHS) on October 6, 2009. The reforms coincided with the release of an official report on ICE's immigration detention system, which pointed out several areas of concern. In response, ICE announced an array of remedial measures, which follow. ©MurthyDotCom Contract Reforms Many ICE detention facilities are run by contractors, and contract oversight was found to be wanting. ICE will centralize its contract administration and aggressively monitor contract performance, to yield cost savings and program efficiencies. ©MurthyDotCom Risk Management Not all detainees require expensive, prison-like detention. ICE will improve its risk assessment tools, and increase its use of less expensive alternatives to detention, as appropriate. ICE will explore using converted hotels, nursing homes, and other residential facilities to house non-criminal, non-violent populations, such as newly-arrived asylum seekers. ©MurthyDotCom Medical Care ICE will improve medical care for detainees with unique medical or mental health needs. ©MurthyDotCom Special Populations ICE will consolidate several facilities to house female detainees, to better meet the needs of this population at lower cost. ©MurthyDotCom Accountability New personnel will increase federal oversight of contract detention facilities; new training courses, policies, and procedures will better equip federal overseers to provide day-to-day supervision. ICE will speed up its rollout of a new locator system, designed to help attorneys, family members, and others to find detained persons. ©MurthyDotCom We at the Murthy Law Firm welcome these incremental steps to reform the immigration detention system, to make it both more humane and more cost-effective, while maintaining security that recognizes differing levels of risk in the various detainee populations. ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 5. Announcement : Murthy's Corporate Teleconference - Wed, Dec 02, 2009 Topic : The Role of the U.S. Customs and Border Protection in Immigration Matters ©MurthyDotCom The topic our December teleconference in this series for employers and their representatives is the role of the United States Customs and Border Protection agency (CBP) in the United States immigration system. The session will specifically describe potential pitfalls and complications to watch out for when applying for readmission to the United States after international travel. It also will address the manner in which these issues can be examined, adjudicated, and resolved by the CBP. As many employees of IT consulting and other corporate entities are now planning travel outside the United States during the holiday season, this is a timely discussion for employers who may be concerned about the orderly readmission of their employees to the United States to continue their critical occupations in the United States. Attorneys from the Murthy Law Firm will discuss what constitutes an error on an I-94 card issued by the CBP, how an error can be resolved, and other frequently asked questions about the CBP and how it conducts the orderly admission of arriving non-citizens. ©MurthyDotCom Special Rebroadcast In response to the requests of many of our listeners, we at the Murthy Law Firm will rebroadcast two popular, valuable, timely sessions for the benefit of employers and their representatives. Listen to When USCIS Comes Knocking - the USCIS Office of Fraud Detection and National Security (FDNS), Parts I & 2 on Wednesday, November 18th at 1pm and 2pm, respectively. More information is available on our teleconference page on MurthyDotCom. ©MurthyDotCom Employers and their representatives : register for Nov 18 and/or Dec 02, 2009 here.  ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 6. 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 holiday 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, Nov 09, 2009, 9-9:30pm Eastern Time (U.S.). In response to your requests, we have returned 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.  ©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 © 2009, 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 © 2009, MURTHY LAW FIRM. All Rights Reserved
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