At the recent AILA conference in Boston, Linda Jan S. Pack, Counsel for Employment Standards, Fair Labor Standards Division, Office of the Solicitor, Department of Labor, provided some enlightening figures on enforcement of LCA violations. The office has had approximately 80 investigations of LCA violations in 9 months. The office currently has about 50 active investigations, the average investigation lasting about 6 months. Around 15% of the cases cannot be handled by ESA and are dismissed. 15-20% are found not be violations. Roughly 65-70% are found to be actual violations. For the time being the ESA is performing only complaint-based investigations. One reason agency is not exercising its authority to conduct random investigations is that without sufficient education it may not be able to show that violations are "willful." The good news here is that the actual enforcement activities at ESA are not great, and the chances of an employer being subject to an investigation are small.
The text of S. 1149, the Culinary Worker Relief Act, is now available.
Tip of the Day
What is DSL?
"DSL" stands for Digital Subscriber Line. DSL is a network access technology. It transforms a traditional phone line into a high-speed digital link to provide broadband Internet access. It uses special modems encode the data and then transmit it over an unused frequency on the phone line. With DSL you have a stable Internet connection that allows you to host your own Web site, connect branch offices of a small business, and to surf the Internet faster at any time of the day or night.
Cable modems are DSLs' closest competitors. They rely on much of the same technology and provide similar service. Both cable and DSL use special modems and Ethernet cards for the same type of always-on connection. People prefer using DSL instead of traditional dial-up modems because DSL is much faster. Unlike DSL, cable modem users share lines. The more people connected to the line, the slower the connection speed will be. Many people also prefer DSL to a cable modem because a cable modem is considered to be less secure and less reliable. Sharing lines creates a security risk because it is easier for hackers to gain access to incoming and outgoing files and e-mail messages. One other notable advantage to having DSL is that one phone line can carry both voice and data, so you can use an existing phone line to carry DSL data.
Several factors can affect the quality of your DSL connection, including how close you are to the DSL provider and what security features are available. With DSL, whenever the computer is on you are connected to the Internet. DSL modems typically lack security features so it is important to make the connection more secure. You can easily protect yourself by shutting down after each use, reducing the number of hours you use your computer, and keeping an up-to-date antivirus program running at all times. It is highly recommended that DSL users install a personal firewall (software that prevents certain data from entering or leaving your computer and costs between $40 to $50).
Both DSL and cable services are affordable (most DSL access starts at $39.95 per month), and you can find deals by shopping. DSL service is available from a number of local telephone companies, local Internet Service Providers and resellers (third party companies) such as Covad, Roadrunner, NorthPoint. With the current situation of dotcom companies, we recommend checking the permanence of the company if you plan to use a reseller for you DSL services.
ILW.COM Featured Article of the Day
Supreme Court Protects Immigrants under the Constitution
Cyrus D. Mehta looks at recent Supreme Court decisions affecting the right of immigrants.
Privacy Act Systems Exemption for NAILS
The National Automated Immigration Lookout System (NAILS) is being exempted from sections of the Privacy Act System of
records to prevent subjects of investigations from frustrating the investigatory or other law enforcement process such as, deportation/removal proceedings.
US-Africa Governance Partnerships
The The Near East/South Asia/Africa Division of the Office of Citizen Exchanges, of the Bureau of Educational and Cultural Affairs (ECA) welcomes proposals for J-1 governance partnerships linking US professionals with judicial, executive and legislative institutions in Africa to strengthen their effective, accountable, and transparent service to the public.
US-China Youth Exchange Initiative
The Youth Programs Division, Office of Citizen Exchanges, of the Bureau of Educational and Cultural Affairs announces an open
competition for J-1 programs to develop linkages between schools and communities in the US and China for mutual education and the development of student participation in community affairs.
Foreign Student Census
The Educational Information and Resources Branch, Office of Global Educational Programs, Bureau of Educational and Cultural Affairs announces an open competition for a Census of Foreign Students in the US.
J-1 Educational Partnerships Program
The Office of Global Educational Programs of the Bureau of Educational and Cultural Affairs in the Department of State announces an open competition for the Educational Partnerships J-1 Program to strengthen mutual understanding and cooperation between US and foreign educational institutions on subjects of enduring common interest to the US, to other countries, and to the institutions participating in the program.
Misdemeanor can be Aggravated Felony
In Guerrero-Perez v. INS, No. 00-1799 (7th Cir. July 2, 2001), the court declined to vacate its March 5, 2001, holding conviction for criminal sexual abuse was an aggravated felony for purposes of immigration despite being considered a misdemeanor under state law, even after the Board of Immigration Appeals (BIA) decision in In re Crammond, 23 I & N Dec. 9 (BIA, Mar. 22, 2001) (Int. Dec. 3443).
Immigration in the Press
Germany Ponders Opening Door, Just a Crack, to Immigration
According to the New York Times [registration required] a bipartisan committee, established last year by Chancellor Gerhard Schröder, said Germany should allow 50,000 qualified foreigners a year to come and live in the country.
This Day in Immigration
From July 6, 2000
"What Really Counts: America's Stake in the Great H-1B Debate
ILW.COM's columnist Gary Endelman, Esq., calls for a one year H-1B without any extensions or numerical limits in exchange for a quadrupling of Employment-based visa numbers and a policy that allows such H-1B holders to apply for green cards without any further intermediate steps as a way for the US to continue to occupy the economic high ground in the digital age."
Letters to the Editor
I just want to thank you for some of the latest news on Immigration matters. It's wonderful to know that you been so helpful to the community in releasing news that sometimes not even the Immigration department people are aware has been released. I been after this news for the longest time. What ever happened to those visas that Immigration promised to release before May 31, 2001, category of V visa and K visa?
ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to email@example.com.
HELP WANTED: CORPORATE IMMIGRATION PARALEGALS
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 to meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its ATLANTA, NEW YORK, NEW JERSEY,and CHICAGO offices. 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 or fax 212-750-1121 or firstname.lastname@example.org
COMPLETE I-9s ELECTRONICALLY
Employers and attorneys for employers can now electronically complete a form I-9 (employment eligibility verification) via LOOKOUT SERVICES INC. at www.lookoutservices.net. Get tips and alerts to guide employers through the I-9 compliance maze. We track employment eligibility expiration dates and provide three (3) prior notices of expiration dates beginning four (4) months in advance. Notices will be provided to employer directly or to the attorney for employer. With LOOKOUT SERVICES INC., employers have peace of mind that company I-9 forms are in compliance. Use our internet based software to complete an I-9 at the time of hire or audit an existing I-9. Call today to receive a password & user i.d. or for a demonstration. Call toll free 1-888-522-6704.
Angelo Paparelli and Steve Yale-Loehr will conduct a three-part teleconference and e-mail listserv series titled On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr. The teleconferences will take place Wednesdays August 8, September 5, and October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. They are open to attorneys, employers, HR professionals and anyone else interested in the H-1B process and strategy. For more information or to register click here.
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