A memorandum from Thomas E. Cook, Acting Assistant Commissioner, Office of Adjudications, instructs that H-1B petitions filed on behalf of alien beneficiaries who do not have valid state licenses should be approved for a period of one year provided that the only obstacle to obtaining a state license is the fact that the alien cannot obtain a social security card. The memo notes that the issue has arisen most recently regarding the adjudication of H-1B petitions for public high school teachers. The memo may be inconsistent with existing federal regulations. 8 CFR 214.2(h)(4)(v)(A) states that, "if an occupation requires a state or local license for an individual to fully perform the duties of the occupation, an alien (except an H-1A nurse) seeking H classification in that occupation must have that license prior to approval of the petition to be found qualified to enter the United States and immediately engage in employment in that occupation." The regulations provide, however, that "[i]f an analysis of the facts demonstrates that the alien under supervision is authorized to fully perform the duties of the of the occupation, H classification may be granted," 8 CFR 214.2(h)(4)(v)(B), or that in situations where a state allows someone to practice an occupation which generally requires licensure if under the supervision of licensed senior or supervisory personnel, H classification may be granted if the facts demonstrate that the alien under supervision could fully perform the duties of the occupation. 8 CFR 214.2(h)(4)(v)(C). If a state law does not allow a teacher to teach under supervision pending licensure, the INS policy would seem to be conflict with the regulations. Some may be tempted to look the other way when the INS reaches beyond the regulations to take action favorable to an alien, but then what can be said when the INS contravene's the regulations in unfavorable ways?
The family, employment and diversity lottery priority dates have been udpated.
The Nebraska Service Center processing times have been updated.
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Tip of the Day
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The "share this page with a friend" selection is available on the bottom of every page on our website. It is also found on the bottom left-hand corner of the blue menu strip. To use the "share this page with a friend" option simply
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ILW.COM Featured Article of the Day
Criminal Prosecution for Visa Fraud
Thomas W. Dean, JD, reviews the statutory grounds for criminal prosecution for visa fraud and a possible defense.
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No Error for Court to Decline to Exercise Discretion
In US v. Garcia-Garcia, No. 01-2302 (8th Cir. Dec. 13, 2001), the court found that the District Court did not err when it acknowledged that is had the authority to depart from the sentencing guidelines in sentencing Defendant for illegal reenty following deportation after conviction of an aggravated felony, but declined to exercise its discretion. The court has made available the Appellant's brief.
No Appeal of Sentence for Illegal Reentry
The court in US v. Gomez-Gomez, No. 01-4038, (10th Cir. Dec. 12, 2001), denied a certificate of appealability to Defendant who challenged his sentence for illegal reentry after having been convicted of an aggravated felony.
Guidance on H-1B Petitions for Beneficiaries without Licenses
A memorandum from Thomas E. Cook, Acting Assistant Commissioner, Office of Adjudications, instructs that H-1B petitions filed on behalf of alien beneficiaries who do not have valid state licenses should be approved for a period of one year provided that the only obstacle to obtaining a state license is the fact that the alien cannot obtain a social security card.
Integration of INS and FBI Fingerprint Systems
A report from the Office of the Inspector General (OIG) describes the progress made to integrate the INS's automated biometric fingerprint identification system (IDENT) and the FBI's integrated automated fingerprint identification system (IAFIS).
Executive Summary of Audit for Increased Rate Proposal for INS Detainees
The Office of the Inspector General (OIG), Audit Division, has released the executive summary of an audit of a proposal from the Office of the Sheriff, DuPage County, Illinois, for an increase in the detainee day rate as part of its Intergovernmental Service Agreement (IGA) with the INS.
Change in Immigrant Visa Processing for Cambodia
The Department of State announces that, effective immediately, all immigrant visa cases for Cambodians to the US Embassy in Bangkok, Thailand.
Immigration in the Press
US, Canada Finalize Border Agreement
The Washington Post reports that the US and Canada have signed an agreement to create a "smart border" that officials said would increase border security but ensure the speedy flow of goods and people between the two countries.
"Immigration Implications of September 11th tragedy"
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This Day in Immigration
From December 14, 2000
"ILW.COM has added an INS form on our forms page. The I-602, Application By Refugee For Waiver of Grounds of Excludability, is used by a refugee who has been found inadmissible for reasons such as felony conviction or health conditions to apply for a waiver of such inadmissibility on grounds of humanitarian reasons, family unity or national interest."
Letters to the Editor
I would like to start by mentioning a few important data about "illegal immigrants" (I was always taught that "aliens" came from another planet...).
- They are employed 99% of the time in jobs that US citizens don't even bother looking at, never mind actually applying to those jobs....
[To read the whole letter, click here].
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NYC SYMPOSIUM ON IMMIGRATION PROVISIONS OF ANTI-TERRORIST LEGISLATION
The Association of the Bar of the City of New York will hold a symposium on December 17, 2001 entitled: "Who is a Terrorist? An In-Depth Look at the Immigration Provisions of the New Anti-Terrorism Legislation." The program is sponsored by the Committee on Immigration and Nationality Law. All interested persons are invited to attend. No fee or reservation is required. For further information, contact Cyrus Mehta, Chair 212-425-0555 or click here.
IMMIGRATION LEGAL TRAINING SEMINAR
Des Moines, Iowa. Basic intensive immigration legal training seminar to be held January 14-18, 2002, at the Marriott Hotel in downtown Des Moines. Sharply discounted room rates of $49/night plus tax for single or double at the downtown Marriott. Call 800/228-9290 for room reservations and mention the immigration legal training seminar. Sponsored by the Midwest Legal Immigration Project and the Immigrant Legal Resources Center. For more information, call Cyndy Bolsenga, 515/271-5730 or fax 515/271-5757 or e-mail firstname.lastname@example.org.
On January 31st & February 1st 2002, the National Immigration Forum will host its inaugural conference “A Nation of Immigrants in the 21st Century: Moving Forward in a Time of New Challenges.” The conference will be held at the Mayflower Hotel in Washington, D.C. For details, click here. For registration form, click here.
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