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Editor's Comments of the Day
Starting January 19, 2001, the Department of Labor will accept only the new version of the ETA 9035 Labor Condition Application for H-1B Nonimmigrants. The DOL's FAXback system for LCAs will not be available between January 19 and February 5th for retooling of the system to handle the new form. In addition to the information on previous versions of the LCA, the new form requests information on additional or subsequent work locations, where the employer's public disclosure information will be kept, and has additional attestations for H-1B depedent employers and willful violators. The DOL's press release indicates that information on the form can be found on the their website at www.ows.doleta.gov. Unfortunately, the web site has been available only sporadically.
As Greg Siskind observed in his recent article Department of Labor Publishes Long-Awaited H-1B Regulations, "the DOL has indicated in various points of the regulations that an LCA must be certified by the DOL in order to submit a non-immigrant visa application. This appears contrary to INS guidance and policy allowing for the submission of an I-129 without a certified LCA IF the LCA was submitted prior to the I-129 being submitted and the applicant is waiting on the DOL for approval. This will no doubt be a controversial point because the DOL has arguably overreached its authority in dictating the manner of submitting an I-129 petition. Many attorneys will likely look to the INS rather than the DOL." Especially if the DOL does not make the form available to the public.
INS News of the Day
BIA Launches Pro Bono Project
The Executive Office for Immigration Review ("EOIR") announced today that the Board of Immigration Appeals ("BIA") will begin a new 6-month pilot project aimed at increasing pro bono representation for detained aliens whose immigration cases are under appeal.
EOIR Disciplinary Actions Against Eight Immigration
The Executive Office for Immigration Review ("EOIR") has taken disciplinary action against eight attorneys for violations of the Rules of Professional Conduct for Immigration Practitioners.
DOL News of the Day
LCA FAX Line Temporarily Unavailable
The Department of Labor has published a fact sheet summarizing the interim final H-1B regulations and cautioning that the LCAFax will not be available between January 19 and February 5, 2001.
DOL Press Release on Changes in H-1B Regulations
A press release from the DOL gives an overview of the changes that take effect January 19, 2001.
ILW.COM Featured Article of the Day
ABCs of Immigration - Labor Certifications, Part II
Greg Siskind writes about Reduction in Recruitment ("RIR"), special handling, schedule A precertifications and schedule B noncertifications.
Can Spouses and Children of Nonimmigrants Work in the US?
Cyrus D. Mehta reviews which spouses and children of nonimmigrants are authorized to work in the US.
Immigration News of the Day
Language Could Be Barrier to Health Care for Immigrants
The Las Vegas Sun reports that thousands of immigrants who are
permanent residents or citizens are denied services such as medical treatment because they fail to understand English despite a
federal law that prohibits such discrimination.
ILW.COM Highlights of the Day
Great deal on international phone cards.
Letters to the Editor
The following is in response to a letter which appeared in the January 17, 2001, issue of Immigration Daily.
I noted with some interest Neil Reed's comments about the INS's Office of Internal Audit and its offer to investigate complaints. I have had several clients use the business reply mail format to file complaints, generally because they were so outraged by INS's behavior that they felt that filing a complaint was their only option. In a few cases, INS actually detailed an "investigator" to investigate the complaint, but no matter how outrageous the INS behavior, the investigators never found that any INS employee did anything the least bit incorrect. Internal Audit has never even notified the complainants of the outcome of the so-called "investigation." Some of the facts of these cases have been shocking, but "Internal Audit" preferred to handle everything "internally," meaning that nothing meaningful ever came of the complaints. This is no doubt why Internal Audit states truthfully that "forwarding a complaint will have no effect upon your immigration case..." No matter how egregious the behavior of the INS, the matter will be brushed under the internal carpet and quickly forgotten.
Margaret D. Stock
Stock & Moeller, LLC
Classifieds of the Day
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HELP WANTED: CORPORATE IMMIGRATION PARALEGAL
Fragomen, Del Rey, Bernsen & Loewy is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022; fax 212-223-8757; email firstname.lastname@example.org