Today, we bring you news of another large back pay award by the Department
of Labor against an employer in a case connected to "benching" or in the
words of the administrative decision "leave without pay." As our readers
will recall, in October this year, the Office of Administrative Law Judges
at the Department of Labor announced a record $1 million plus in back pay
In the Matters of Wage and Hour Division v. Mohan Kutty, Nos.
2001-LCA-00010 through 2001-LCA-0025 (OALJ, Oct. 9, 2002). Today's
decision, In the Matter of Pegasus Consulting Group, Inc., No.
2001-LCA-00029 (OALJ, Nov. 13, 2002), almost a quarter million dollars in
back wages was awarded and the employer was assessed $40,000 in civil
penalties for committing a willful/knowing violation. Unlike the 100+ page
Kutty decision, today's document is only 10 pages long. Attorneys with
practices involving H-1Bs, i.e. virtually all business immigration
practitioners, will likely find a review of this administrative decision
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Determining the Prevailing Wage in Labor Certification Cases
Carl Shusterman writes about prevailing wages in the context of Labor Certification Applications.
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Immigration Law News
LCA Violation Results In Awards Of $231,000+ In Back Wages & $40,000 In Civil Penalties
In the Matter of Pegasus Consulting Group, Inc., No. 2001-LCA-00029 (OALJ, Nov. 13, 2002), the Office of Administrative Law Judges awarded $231,000+ in back wages to "benched" employees and penalized the employer $40,000 in civil penalties.
INS Promulgates Interim Rule On Border Crossing ID Cards
The INS promulgated an interim rule with request for comments governing the issuance and use of border
crossing identification cards (BCCs) containing biometric information.
INS Seeks Comments
The INS sought comments on requests for: Project Speak Out! biographical information/program eligibility questionnaire
and initial interview form, Forms I-908 and I-909; application for certificate of
citizenship in behalf of an adopted child.
DOS Issues Visa Classification Final Rule Technical Correction
The Department of State made technical corrections to a final rule by substituting the word "child" for "orphan" in the State Department's table of immigrant visa classification symbols.
INS Issues Notice Of Airport and Seaport
Inspections User Fee Advisory Committee Meeting
The INS announced a meeting regarding the performance of advisory responsibilities to the INS Commissioner which advises the INS Commissioner on issues related to the
performance of Airport and Seaport Immigration Inspection Services.
Change Of Labels From INS To DHS Does Not Change Policy
The Village Voice reports "Managing America's contradictory attitudes
toward the immigrants who have fueled the country's growth has never been
easy. Like the INS before it, the Department of Homeland Security will be
hampered by immigration policy itself."
Immigrant Workers Turbo Charge US Economy By Accounting For Half Of US
Labor Force Growth
The Washington Post reports that immigrant workers who accounted for 10% of
the growth in America's labor force in the 1970s, and 27% in the 1980s,
were fully 50% of the growth in the US labor force in the 1990s.
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Help Wanted: Legal Assistant - Maryland Suburbs
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., 11921 Rockville Pike 3rd Fl, Rockville, MD 20852 (convenient to Metro), the largest independent general practice law firm outside of Baltimore, seeks an Immigration Legal Assistant with a minimum of 1+ year of experience for its immigration practice. Experience is desired in the following areas: Employment-Based IV (including EB-1, EB-2, EB-3); NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1); Family-Based IV; Naturalization applications and petitions; adjustment of status and consular processing; employer sanctions; I-9 compliance; and litigation. A college degree is required. The ideal candidate possesses the following skills: he/she is analytical, is organized, has good writing skills, is proficient with computer word processing, spreadsheets, data-base programs, performs legal research, and completes immigration forms. We offer an excellent salary/benefits package. If interested, please send resume and salary requirements in confidence to: Ms. Maura Bowen, Shulman, Rogers, Gandal, Pordy & Ecker, P.A. via either fax at:(301) 230-2891 or via email at: email@example.com. For more information, please visit our website at: www.srgpe.com.
Help Wanted: Experienced Immigration Attorney
Cyrus D. Mehta & Associates, PLLC, a recognized New York-based
law firm, is seeking to hire an experienced immigration associate who is
well rounded with a high level of expertise in business, family and
deportation areas. You must have gained between three to five years of
experience in immigration law, have very strong writing skills, be a
starter and have already begun to play a leadership role through
involvement in bar associations, publishing articles or speaking at
seminars. You would also have developed client relations, managed a
and diverse caseload and maintained the highest ethical standards. You
ally with a highly motivated principal attorney who is passionate about
immigration law in an elegant Wall Street office along with a team of
minded attorneys and paralegal staff. Membership in the New York state
is a must. If you have a desire to make a long term commitment with the
as well as rapidly advance your career, write in confidence with a cover
letter, resume and financial requirements to Cyrus D. Mehta at:
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Letters to the Editor
Cyrus Mehta asserts in his November 26 Immigration
that the INS special registration program to
fingerprint nonimmigrants from countries with
significant Muslim populations is "troubling because
it inherently profiles an individual based on his or
her nationality regardless of individualized guilt or
This is the same old tired liberal argument against
profiling. Profiling is indeed needed in this
situation as the terrorists of today are
overwhelmingly, if not 100%, of radical Islamic
background. Have Christian, Buddhist, or Latino
nonimmigrant terrorists attacked or want to attack the
US? I believe that most Americans of reasonable mind
see that this is simply common sense to check on men
from those countries that pose the greatest terrorist
threat to the US and who are only here on
nonimmigrant status. The program does not cover
immigrants or men with asylum applications filed
before November 23, 2002. If this were really
targeting Muslims for no reason, why is North Korea,
an atheistic and communist country where one probably
cannot even practice Islam, on the list?
Larry Liem Doan, Esq.
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