USCIS Opinion Letter On Part-Time L1 Visas
Mr. Efren Hernandez of the USCIS issued an opinion letter providing clarification on whether part-time employment is permissible in the context of the L-1 visa classification. Mr. Hernandez states in his memo, "It has been legacy INS and BCIS policy that [maternity, vacation, or sick leave] periods of leave do not violate the terms of the alien's admission to the US as a nonimmigrant alien. Further, the employer is not required to notify the BCIS that the alien has been granted leave." For the correspondence with Mr. Hernandez, see here.
Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL
The curriculum for our new seminar "Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL" is as follows:
FIRST Phone Session on March 24:
Applying for Visas - Are the Procedures Still the Same?
- Third Country National Visa Processing in Canada and
i. Update on Canada and Mexico
ii. Can TCN’s still apply?
iii. Can List of 26 or T-7 TCN’s still apply?
iv. Changes to the Automatic Revalidation Rule – what happens if the visa
is not issued – is my Client Stuck Outside the U.S.?
v. When should you Consider Border Post in Canada/Mexico over
Processing in Home Country?
vi. TCN E-1/E-2 Treaty Trader and Investor Visas Applying for Visas in
- Applying for Visas in Home Country
i. Mandatory Interviews
ii. Personal Appearance Waivers, Appointments and Timing
- Visa Revalidation through the Department of State – is this still a
- Importance of Reviewing Forms DS-156 and 157
- What Documents Should Your Client Bring To the Consulate?
- Where can Applicants from List of 26 or Terrible 7 countries
SECOND Phone Session on April 22:
Navigating Through the Maze of Security Checks and Special Issues
that Warrant Attention
Memorandum of Understanding between the DOS and DHS
- Data Sharing
- Visas Condor Checks for Applicants from Predominantly Muslim countries
or countries of concern
- NCIC Checks and Hits in the Database – remember that DUI or pot
conviction or petty theft arrest from 30 years ago?
- False Hits for Individuals with common names
- Visa Restrictions for Citizens and Nationals of State Sponsors of
Terrorism - Section 306 of the Border Security Act
- The Impact of Biometric Identifiers and new technologies
i. Biometrics in US visas – how does this impact visa processing?
ii. US VISIT
iii. Biometric requirements and the Visa Waiver program
i. what does this mean for visa processing?
Special Visa Processing Issues
i. Applying for a B-1/B-2 after a Visa Waiver refusal
ii. Applying for a visa after failing to register on departure from the
iii. Unlawful presence and 222(g) concerns
1. applying for a visa after a layoff situation
2. 222(g) versus 3/10 year bars
THIRD Phone Session on May 13:
Visas Mantis Hits and the Technology Alert List – Why Scientists,
Academics, Researchers, Engineers and Hi-Tech Professionals Should Be
What is the TAL?
How does it impact foreign nationals?
Why should I be worried about it?
What Should I do if it looks like my Client Will be Subject to
What Kinds of Documents Should I Bring?
What Can I Do if my Client is Subject to the TAL?
What Can I Expect Once My Client is Back in the US?
The Related Issue of Export Controls
i. Why is this important now?
ii. What is a deemed export?
iii. What sorts of technologies are covered by export control
iv. Applying for a License
v. Basic compliance procedures that every company should have
The deadline to register is Monday, March 22nd. For more info, including detailed curriculum, speaker bios,
and registration information, see: http://www.ilw.com/seminars/march2004.shtm. (Fax version:
J-1 Waiver Flowcharts
We recently featured Gregory Siskind's J-1 flowcharts series. This is the final complete eight-flowchart set. These visual tools will be of interest to all those involved in J-1s.
Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/
Immigration Law News
USCIS Issues Opinion Letter On Part-Time L1 Visas
Efren Hernandez III of the USCIS issued an opinion letter on part-time L1 visas. (courtesy of Gary Endelman).
DHS Eliminates Mexican TN Nonimmigrant Numerical Cap
The DHS issued an interim rule with request for comments removing the annual numerical cap on the number of Mexican professional admissions under the North American Free Trade Agreement (NAFTA). This rule also eliminates the associated requirement
of a petition for a Mexican-based NAFTA professional and the corresponding labor condition application.
GAO Report Says Most Resident Aliens With ITINs Are Not Legally Employed
The Government Accounting Office issued a report on Individual Taxpayer Identification Numbers (ITINs) which stated that the IRS has concluded that most resident aliens who have ITINs and earn wage income are not legally employed in the US. Given this context, the GAO raised various issues, including the potential risks of data sharing among the IRS, SSA, and the DHS.
Washington Post Op-ed on Huntington's Mexifornia Theory
A Washington Post op-ed says "Forgive my sarcasm, but I just can't buy Huntington's absurd argument that Hispanics are incapable of assimilation. In fact, I'm absolutely certain that Huntington will be proved wrong."
Individuals Plead Guilty To Selling $1 Million In Fake Work Permits
The Kansas City Star reports " A US immigration employee and a Chilean accomplice pleaded guilty Tuesday to selling at least 110 phony work permits to other illegal immigrants."
Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info: http://www.ilw.com/membership/
Help Wanted: Legal Assistants
Leading immigration law firm, Tindall & Foster P.C., seeks qualified
legal assistant applicants for its Texas offices in Austin and Houston. Positions require a university degree, strong writing skills, and Word, Outlook, Excel and Access proficiency. Foreign language fluency and immigration experience preferred. Training provided. Nonsmokers desired. We offer a competitive salary + benefits package (incl. paid parking). Austin applicants: Email resume to Robert Loughran at: firstname.lastname@example.org. Houston aplicants: Email resume to Kathryn Vidal at: email@example.com. Alternatively, resumes can be mailed to Personnel, 600 Travis Street, Suite 2800, Houston, TX 77002 (please indicate desired location). No calls please. EOE.
Help Wanted: Experienced Immigration Specialist And Entry-Level Paralegal
Greenberg Traurig, a large international law firm,
has openings in its Tysons Corner, VA office for 2 positions: an experienced immigration specialist and an entry-level paralegal. Both positions require a Bachelors degree and a minimum 2+ yrs of experience in the immigration field. The experienced immigration specialist should have previous experience managing caseloads with a high degree of independence. Both positions require strong
organizational, written, computer and verbal skills. Fluency in Spanish preferred. Excellent benefits and compensation package offered. Send resume + cover letter, including salary requirements by (fax) 703-714-8378
or (email) firstname.lastname@example.org. Please state the position (experienced or
entry-level position) that you are applying for.
Case Management Technology
If you're looking to grow your immigration business, efficiency is critical. Developed by veteran immigration attorneys, VisaPrep helps attorneys handle more cases and increase profitability with technology successfully used for immigration matters since 1997. Our easy-to-use, secure online solution helps you streamline immigration processing. With VisaPrep, non-legal functions are performed automatically to save time and reduce filing errors. Clients can check the status of their case online and you can easily monitor their cases online. And with our exclusive VisaPrep Response Wizard(tm), you'll be able to answer most client questions quicker than ever before. With VisaPrep, you get simple pricing, free training and unlimited support. Many immigration technology vendors make promises - VisaPrep delivers. Call 866-VISAPREP (866-847-2773) or e-mail us at email@example.com to see a demonstration.
We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here
For a listing of current immigration events please click here
For services/products of use in your law practice please click here
Letters to the Editor
The Commission on Graduates of Foreign Nursing Schools issued the following press release.
Commission on Graduates of Foreign Nursing Schools (CGFNS)
The Puerto Rican Legal Defense and Education Fund (PRLDEF) issued the following press release.
Puerto Rican Legal Defense and Education Fund (PRLDEF)
The following pdf file is mostly empty and needs correction.
Bill Kartman, Program Manager, WA State Employment Security Dept
Editor's Note: Thank you for bringing this to our attention. The pdf file has been corrected.
The PDF doc mentioned in today's Immigration Daily - Prevailing Wage For Parochial And Public School Teachers Is The Same...only the first of seven pages is
showing up in the document. Pages 2-7 appear to be blank to everyone in our
office. I have the most recent Acrobat.
Kari S. Wenger, Senior Legal Assistant for Gonzalez & Harris
Editor's Note: Thank you for bringing this to our attention. The pdf file has been corrected.
An Important disclaimer! The information provided on this page is not legal advice.
Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a
qualified attorney. Send Correspondence and articles to firstname.lastname@example.org. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.