ISD Confirms Previous Information
Posted Mar 02, 2002

The Immigration Services Division (ISD) of INS Headquarters confirmed information we reported in the MurthyBulletin in January 2002. Confirmation was issued in mid-February 2002.

E & L Spousal Employment Authorization

The INS expects to issue a memo regarding work authorization for E & L spouses. As regular MurthyBulletin and MurthyDotCom readers are aware, E & L spouses are now allowed under law to receive employment authorization. Currently INS is in the process of establishing the appropriate procedures for issuance of employment authorization documents to these individuals. The INS memo is awaiting further guidance but is expected "shortly" - according to ISD.

Transfer of I-140s from Texas to Nebraska and Vermont

As we reported last week (February 22, 2002) in Texas Service Center Update, some I-140 (Petition for Alien Worker) cases will be transferred from the Texas Service Center to the Nebraska and Vermont Service Centers. This is an effort to reduce the backlog in Texas. This does not change the appropriate place for filing such cases, only the INS Service Center that will make the decision on the case.

Some I-140s Denied for Improper Filing

The ISD announced that there were a number of I-140 cases filed prior to the LIFE Act deadline of April 30, 2001 that were not accompanied by the required labor certifications. (Most employment-based cases do require a labor certification.) These cases will be denied. Denial of a case filed to meet the LIFE deadline can have enormous consequences. Anyone having filed a case for this purpose should take steps to ascertain that the case has been accepted and that the filing was sufficient and non-frivolous.