Please see the link below:
http://www.ows.doleta.gov/dmstree/espl/es2k1/espl_03-01.htm
AILA ADVOCACY UPDATE
Vol. 5, No. 6, April 27, 2001
IN THIS ISSUE:**
Section 245(i) Extension Bills and INS Procedures for Filing;
Supreme Court Hears Two IIRAIRA Cases;
Senator Helms Leads Congressional Visit to Mexico;
Summit of Americas Addresses Immigration;
H-1Bs and the Economy;
Recently Introduced Legislation;
Media Spotlight – Washington Post Highlights Contributions of Undocumented Workers;
AILA Members and Staff in the News;
Issues in the News.
ADDITIONAL SECTION 245(i) EXTENSION BILLS
INTRODUCED AS DEADLINE APPROACHES;
INS AND DOL ISSUE PROCEDURES
FOR LAST-MINUTE FILINGS
With the April 30 deadline approaching for filing petitions and labor certification applications to preserve eligibility under Section 245(i), more members of Congress are indicating their strong support for an extension by introducing legislation.* Senators Edward Kennedy (D-MA), Chuck Hagel (R-NE), Chuck Schumer (D-NY), and Hillary Clinton (D-NY) have introduced S. 778 that would extend the Section 245(i) deadline for one year, until April 30, 2002. This bill join two bills already introduced in the House:* H.R. 1242, introduced by Representative Peter King (R-NY) that would extend the deadline for six months, and H.R. 1195, introduced by Representative Charles Rangel (D-NY) that would extend the deadline for one year.
Proponents of Section 245(i) acknowledge that an extension will not take place before the April 30 deadline; however, supporters are working to move an extension bill as quickly as possible.* Once Congress adopts this extension, we will continue to urge the passage of a permanent restoration of Section 245(i).* In the meantime, the April 30 deadline is fast approaching.* The Immigration and Naturalization Service (INS) and the Department of Labor (DOL) have sent guidance to their field offices about accommodating last-minute filings.
The INS has stated that it will accept for filing any petition that is postmarked by April 30 as meeting the deadline. However, practitioners and applicants are urged to use a delivery service that will provide a record of receipt, and to keep proof of the postmark, in case the agency loses or misplaces a filing. INS also has issued guidance to the field regarding acceptance of skeletal filings to preserve future eligibility: “Immigrant visa petitions may be filed initially without all of the necessary information for the Service to adjudicate the petition. However, a visa petition will not qualify an alien for grandfathering unless the Service can determine, based on the available information, that the petition was approvable when filed.” The Service is not requiring that District Offices remain open until midnight on April 30, believing that the postmark rule may alleviate the need for individuals to file in-person before the deadline. However, a survey of District Offices indicates that most will be open until midnight on April 30. Practitioners and applicants should contact their local INS office to confirm hours of operation.
The DOL is not using the postmark rule.* In order to preserve eligibility for Section 245(i) adjustment, the local State Employment Service Agency (SESA) must receive an application for labor certification before midnight on April 30. Again, practitioners and applicants are strongly urged to use a delivery method that provides proof of receipt in case the agency loses or misplaces the filing. The DOL has recommended that SESAs, “accommodat[e] last minute submittals by making arrangements for receiving hand delivered applications (walk-ins) and marking the submittals as to the date received.” Practitioners and applicants should verify with their SESA the procedures in place for last-minute filings.
With regard to date-stamping, DOL has reminded the state agencies that all filings received at the office by midnight on April 30, including cases received in post office boxes established for receiving filings, must be date-stamped for April 30, even if the actual stamping occurs several days later. DOL also has advised state agencies that filings received that are not complete should be returned to the employer to be completed and the employer has 45 days to respond before the filing will be rejected. Furthermore, all filings must have an ETA 750A (Employer) form. Any filing without this form must be rejected, and will not preserve eligibility under Section 245(i).
