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Legal Citations for H-1B Seminar by Angelo Paparelli and Stephen Yale-Loehr

The following are the citations for the first of the seminar series on H1Bs by Angelo Paparelli and Stephen Yale-Loehr. For more info or to sign up online, click here. To sign up by mail/fax, click here.

Legal Citations for August 8, 2001 ILW.COM H-1B Teleconference (Prepared by Angelo A. Paparelli and Stephen Yale-Loehr)

* 8 C.F.R. 214.2(h)(4)(iii) [H-1B specialty occupation requirements].

* Defensor v. Meissner, 201 F.3d 384 (5th Cir. 2000).

* AILA-CSC liaison meeting of March 9, 2000, AILA doc. No. 00050901.

* Tapis Int'l v. INS, 94 F. Supp. 2d 172 (D. Mass. 2000).

* DOL's Occupational Outlook Handbook available at

* The "master" link page into OES wages, SOC short form descriptions, and Service Contract Act wages:

* IIRIRA Section 212. New Document Fraud Offenses; New Civil Penalties for Document Fraud. Amends INA 274C

* Section 214. Criminal Penalty for Knowingly Presenting Document That Fails to Contain Reasonable Basis in Law or Fact. Amends 18 U.S.C. 1546(a)

* 8 CFR 214.1(f) - Alien's willful failure to disclose full and truthful information (even if not material) requested by INS = violation of nonimmigrant status.

* Angelo A. Paparelli & Catherine L. Haight, "Panning for Gold in the Dictionary of Occupational Titles," published in Advanced Materials Handbook, 1992-93 AILA Annual Conference.

* Roxana Bacon & Leigh Kurtz, An Overview of Specialty Occupation in the H-1B Context, in 2 AILA, Immigration and Nationality Handbook 2001-02, at 65 (Randy P. Auerbach et al. eds., 2001).

* Stanley Mailman & Stephen Yale-Loehr, The Evolving Boundaries of H-1B Classification, 5 Bender's Immigr. Bull. 599 (July 1, 2000).

* Matter of Lee, 11 I. & N. Dec. 601 (BIA 1966).

* Matter of Siffre, 14 I. & N. 444 (BIA 1973).

* Letter from Yvonne LaFleur, Chief, Budget and Trade Services at INS' Office of Adjudications, to attorney John S. Brendel (February 21, 1996), reproduced in 73 Interpreter Releases 286 (March 4, 1996) (stating that when two employers filed H-1B petitions for the same alien, both petitions remained valid after the alien began working for only one of the employers);

* Letter from John W. Brown, Acting Branch Chief, Business and Trade Services Branch, Benefits Division, to attorney Carolyn Fuchs (January 5, 1998), reproduced in 75 Interpreter Releases 185 (February 2, 1998) (stating that a parent company's H-1B petition remained valid after the workers (on whose behalf the petition was filed) transferred to a subsidiary company which subsequently filed new H-1B petitions for them)

* Letter from Thomas W. Simmons, Chief, Business and Trade Branch, to attorney Harry Joe, reproduced in 76 Interpreter Releases 386 (March 8, 1999)(reduction in force causes alien to lose status even during severance pay-out period).

* AC21: INS 1/29/01 HQ memo, and INS 6/19/01 HQ memo.

* 20 CFR 655.731(c)(9): Attorney's Fees and Authorized deductions

* INA 212(n)(2)(C)(vi)(I), as amended by the ACWIA and DOL Interim Final Rule (20 CFR 655.731(c)(10)(i)): Liquidated Damages vs. Penalty

* 8 CFR 214.1(c)(4) [dealing with untimely extension of status, approvable for extraordinary circumstances].

* 8 CFR 248.1(b) [dealing with untimely change of status status, approvable for extraordinary circumstances].

* 8 CFR 214.2(h)(4)(iv) [requiring submission to INS with H-1B petition a copy of written employment contract or summary of terms of oral contract, if agreement is not in writing].

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