H-1B Seminar Will Cover LCAs, Adjudications And H-1B/LC Issues
ILW.COM's new seminar "Cutting-Edge Topics In H-1B Practice" features Cyrus Mehta, Robert Divine, Wendi Lazar, Angelo Paparelli, Eleanor Pelta, William Stock and other speakers to be announced. The curriculum is as follows:
FIRST Phone Session on November 25: Latest on LCAs: Analyzing DOL v. Kutty
- Representing an employee who is not being paid the required wage
- DOL assessment of back wages and other penalties
- Deducting Attorney Fees from the required wage
- When can firing constitute retaliation under the "whistleblower" protections?
- Benching: Maternity Leave vs. Lack of a License
- Understanding actual vs. prevailing wages
- Best practices on developing the public access file
SECOND Phone Session on December 19: H-1B Adjudications at INS Service Centers
- Responding to the dreaded RFE
- Problematic Occupations: Marketing Analyst, Nurse Supervisor, etc.
- Best practices for obtaining a credential evaluation
- AC21 portability and gaps in employment
- Representing the terminated H-1B employee in maintaining status
- Representing the H-1B employer in financial difficulty
- Tolling 6 year limit for time not spent in the US
THIRD Phone Session on January 24: Achieving Consistency between H-1B and Permanent Residency
- Holistically planning the case from H-1B to Permanent Residency
- Ethical issues arising out of dual representation and what to do when a conflict arises
- Achieving consistency in work experience equivalencies for H-1Bs and EB-3s
- Prevailing wage issues in the H-1B and Labor Certification
- 7th year H-1B extensions vs. concurrent filing of I-140 and I-1485
- Maintaining H-1B status vs. AOS portability with an EAD
For more info, including registration information online, click here.
For more info, including registration information by fax, click here.
Come Back To America: Alienation And Immigration Advocacy
Gary Endelman writes about the parallels between the Democratic Party and pro-immigrant advocates saying "nothing characterizes the anti-capitalist immigration ethos of pro-immigrant advocates, and their nativist soul mates, as its deep pessimism."
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Immigration Law News
Secretary Powell Speaks On Current Controversies In Canada
Secretary of State Powell appeared in Ottawa with Canadian Minister of Foreign Affairs Bill Graham and spoke about the NSEERS program and related issues.
Congress Continues Debate On The Bill To Abolish The INS
Congress continued its debates on the Homeland Security Act of 2002 including its immigration law provisions. During the debate, Sen. Dorgan (D-ND) said, "... I specifically wish to talk about one of their concerns raised in this report that I read, which gave me great personal concern. In the report, the task force concluded that the 650,000 local and State law enforcement officials around the country continue to operate in a virtual intelligence vacuum without access to the terrorist watch list provided by the U.S. Department of State to Immigration and consular officials.''
Rep. Napolitano Lauds Retiring INS District Director
Rep. Napolitano (D-CA) lauded INS District Director Schiltgen, who will be retiring in December 2002 after 27 years of service, saying, " he has achieved a dramatic reduction in the huge backlog of pending applications for naturalization. Today, citizenship cases in Los Angeles are processed in six to eight months, compared to an average of 24 months prior to his arrival. His energy and vision have made him one of the agency's most respected and valued leaders."
President Bush Issues Executive Order Concerning Undocumented Carribeans
President Bush issued an executive order outlining the appropriate responsibilities of the Attorney General, Secretary of State, and Secretary of Defense respectively with regards to undocumented aliens interdicted or intercepted in the Caribbean region.
2241 Petitions Not Subject To Gatekeeping
In Zayas v. INS, No. 01-2564 (3rd Cir. Nov. 18, 2002), the court said that it agreed with the 7th and 9th circuits that the Petitioner's 2241 habeas petition was not subject to the gatekeeping regime of 2244(b), but still upheld the district court's dismissal of his petition for habeas corpus for abuse of writ. In dicta, the court noted that the Board of Immigration Appeals's administration of its timeliness rules seemed, in spirit, not entirely in harmony with the Supreme Court's opinion in Houston v. Lack, 487 US 266 (1988).
Sentencing Court's Discretionary Decision Is Unreviewable
In US v. Beltran-Bueno, No. 02-2271 (8th Cir. Nov. 18, 2002), the court said that the district court's decision not to depart downward on the grounds that Defendant agreed to be voluntarily deported was purely discretionary and thus unreviewable on appeal.
Nevada Battery Is Aggravated Felony
In US v. Gonzalez-Tamariz, No. 00-10542 (9th Cir. Nov. 18, 2002), the court the court said that the district court did not err in applying the 16-level enhancement for aggravated felony because the Defendant's offense of Nevada battery causing substantial bodily harm met the federal defiinition of an aggravated felony even though Nevada state law classified it as gross
misdemeanor and because the federal statute plainly provides that a crime of violence is an aggravated felony when the term of imprisonment is "at least one year," not "exceeding one year."
INS Seeks Comments
The INS allowed an additional 30 days for public comments on: the application to replace alien registration card; Form I-90 and the inspection of persons applying for admission involving transit without visas (twov), international-to-international agreements and related liquidated damages.
Ambassador-Designate Discusses Long Awaited Legalization Plans Of Bush
The Star-Telegram of Fort Worth, TX reports on the Bush administration's
plans for the long awaited legalization program as explained by the new US
Ambassador-designate to Mexico.
Immigration Attorney Advocates For Haitians
Miami New Times reports "Immigration attorney Cheryl Little spent years
banging her head against INS bureaucracy, until a Haitian boat cracked it open."
Border Patrol Stops Offend 4th Amendment
An opinion column in the Midland Daily News of Midland, MI says "What part
of [the 4th] amendment does the U.S. Border Patrol not understand?"
Court In Nevada Upholds Back Pay To Undocumented Migrants
The Review-Journal of Las Vegas, NV reports "A District Court judge has
upheld a state labor commissioner's ruling that five Spanish-speaking
carpenters, three of whom are illegal aliens, were denied prevailing wages
on a public works project."
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Letters to the Editor
Does anyone know whether the Child Status Protection Act also applies to NACARA applicants? My guess is yes, but I cannot find any literature to back up this claim. Any help would be greatly appreciated.
Attorney Name Withheld
I am an associate at the law firm of Grotta, Glassman & Hoffman. I was wondering if you could help me locate a case that was on ILW.COM about 3 weeks ago. It was an AAU case that held that an O-1 nonimmigrant must be extraordinary, but that the job they will be working in does not have to be extraordinary. Any help that you could provide would be greatly appreciated.
Andrew J. Zeltner
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