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Weekly Immigration eNewsletter
THE LAW OFFICE OF SHEELA MURTHY, PC
Phone : 410-356-5440
eMail :
law@murthy.com
WebSite :
http://www.murthy.com
VOL. X, no. 08; February 2004, week 3
Posted : February 20, 2004
1994-2004 : Celebrating its 10th anniversary, the MurthyBulletin is the immigration bulletin from The Law Office of Sheela Murthy, P.C. One of the oldest, most established dealing with immigration law matters, our weekly eNewsletter contains the latest developments and recent changes in U.S. immigration law. If you would like to receive MurthyBulletin via eMail, follow this link to subscribe.
TOPICS in this Edition of the MurthyBulletin :
1. From the Desk of Sheela Murthy :
The Crime of Migrating Populations
2. USCIS Announces H1B Cap Has Been Reached
3. Murthy Takes Action : There is Hope for Texas Service Center
4. Poverty Guidelines for 2004
5. Legacy INS Actions against Asylees are National Embarrassment
6. Backlog Reduction is Budget Priority
7. MurthyChat and MurthyForum
8. Visa Dates, Labor Certification, and CIS Processing Times
1. From the Desk of Attorney Sheela Murthy :
The Crime of Migrating Populations
Many of you may have read about the recent tragedy of 19 illegal Chinese immigrants who drowned on February 5, 2004, off the coast of the United Kingdom in Morecambe Bay. The misfortune befell them as they picked cockles, a type of shellfish. While the sale of cockles, apparently, is extremely lucrative, these workers and others like them are exploited at rates below poverty guidelines. This event underscores a fact that has been true since time immemorial. For most migrating populations the world over, their "crime" is their desire to improve their lot and provide a better life for themselves and their loved ones. In their quest of this basic goal that is so universal, they are referred to as illegal immigrants, unwelcome visitors, trespassers, and worse, suspected terrorists who have come to do harm.
For over 200 years, the United States generally has viewed immigrants and migrating populations as good, hard-working people who are here to help this country, while improving their own circumstances. By our actions most of us, either as employers, employees, or just as ordinary citizens, have encouraged their presence amongst us. We have welcomed their hard work and their entrepreneurial spirit by enjoying and partaking in the fruits of their labors. We have appreciated the fact that, partially due to immigrants, prices have remained more competitive and affordable. We have become a nation of consumers and, by spending more on products that we may not necessarily need, we have helped to make the U.S. economy more robust.
In January 2004, President George W. Bush’s proposals recognized the contributions of "illegal immigrants" to the U.S. economy. Although the proposals have been criticized for not having any teeth, they set a good starting place that acknowledges the work and the benefits that we enjoy as a country with immigrant labor. Other developed countries of the Western world and other technologically advanced nations will have to deal with similar issues and come up with an immigration policy that is workable for their respective countries and their economies. The fact is that, in the United States, we are not just dealing with "illegal immigrants," but often with their U.S. citizen children, who are born here and who we hope will become productive and equal citizens of this country. We can only achieve this if their parents are able to provide better lives with opportunities for them and for their descendants.
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© The Law Office of Sheela Murthy, P.C.
2. USCIS Announces H1B Cap Has Been Reached
As we indicated in our February 18, 2004 NewsFlash, the USCIS announced on February 17, 2004 that the H1B cap has been reached for fiscal year (FY) 2004. As many MurthyDotCom and MurthyBulletin readers know, the cap has not been a concern for H1B applicants since FY2000. The reason for this is that the law provided for an increase in the H1B numbers available for the three fiscal years from 2000 to 2004. As we reported in our September 12, 2003 MurthyBulletin article, H1B Cap for Fiscal Year 2004, those favorable provisions have now ended. This 2004 fiscal year, the cap returned to 65,000 total H1Bs available. In that article, available on MurthyDotCom, we accurately predicted that the cap could be reached before the end of the second quarter. While we must wait for the USCIS to give some final answers on particular issues, we encourage our readers to be aware of the following.
USCIS Procedure for the Remainder of FY2004
In its press release, the USCIS indicated that it would process all petitions filed for first-time employment received by the end of the February 17, 2004 business day. All petitions that are subject to the cap and are received after February 17, 2003 will be rejected and returned without processing. The fee payments associated with these cases will not be cashed, and will be returned with the rejected packet. Petitions may be resubmitted no earlier than April 1, 2004 for persons who will begin work on or after October 1, 2004. The attempted filing of a petition after February 17, 2004 does not protect the beneficiary in any way or provide any immigration benefit. Unless authorized to do so in some other capacity, it is not permissible to simply remain in the U.S. awaiting the opportunity to file an H1B case in April.
Continued Processing for Non-Cap Cases
The USCIS will continue to process H1B petitions for persons who are filing for H1B extensions, amending the terms of their H1B employment, changing H1B employers, or requesting H1Bs for second employers. Further, not all H1B petitions for first-time H1B seekers are subject to the cap. H1B employees of institutions of higher education, or of related or affiliated nonprofit entities, nonprofit research organizations, or governmental research organizations, as well as J-1 physicians granted Conrad waivers, are not subject to the cap. We do note that if an individual is changing from an H1B with an exempt employer to employment with a cap-subject employer, s/he is subject to the cap and will have to wait until the next fiscal year. It also appears that the 6800 H1Bs that were reserved for workers from Chile and Singapore have not been exhausted.
Previous Special J and F Rules
As we indicated in our September 12, 2003 article referenced above, the Legacy INS extended special benefits to J and F students in the past when the H1B petition was already pending at the time that the cap cutoff was announced. We are awaiting word from the USCIS as to whether they will continue this policy.
What to Do
Many persons are understandably confused about the cap and what it may mean for them. We recommend that you consult a qualified immigration attorney who can assess your individual facts to determine your options at this time. We encourage both individuals and employers to let Congress know how reaching the cap is harmful to U.S. commerce and negatively impacting the U.S. economy.
[Back to Topics]
© The Law Office of Sheela Murthy, P.C.
3. Murthy Takes Action : There is Hope for Texas Service Center
Everyone involved with any aspect of the immigration process knows that processing times for most cases at the various Service Centers range from slow to motionless. While cases will usually work their way through the process eventually, for many folks things have gone beyond all reason at the Texas Service Center (TSC). In particular, I-485 processing has seemingly ground to a halt. For that reason, in mid-2003 we wrote all 150 legislators with districts within the jurisdiction of the Texas Service Center. See our April 11, 2003 MurthyBulletin article, Murthy Takes Action: Seeking Funding for TSC, available on MurthyDotCom. We have now received a response, so perhaps there is hope.
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