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Legal Citations for ILW.COM's Seminar
"Strategies for Business: Employing foreign nationals on Hs, Ls, TN and other visas" with George Lester
Part 1 held on July 29, 2002

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Cites from George Lester:

Acts of Congress which created the H-1B program as we know it today:
* Immigation and Nationality Act ("INA"), Pub. L. No. 82-414, 66 Stat. 163 (June 27, 1952), as amended
* Immigration Act of 1990 ("IMMACT 90"), Pub. L. No. 101-649, 104 Stat. 4978 (Nov. 29, 1990)
* Miscellaneous and Technical Immigration and Naturalization Amendments Act of 1991, Pub. L. No. 102-232, 105 Stat. 1752 (Dec. 12, 1991)
* American Competitiveness and Workforce Improvement Act of 1998 ("ACWIA"), Pub. L. No. 105-277, 112 Stat. 2681 (Oct. 21, 1998)
* American Competitiveness in the Twenty-First Century Act ("AC 21"), Pub.L. No. 106-313, 114 Stat. 1251 (Oct. 17, 2000)

Current statutory and regulatory provisions governing the H-1B program, which we recommend all practitioners to know:
* INA 101(a)(15)(H)(i)(b), 8 U.S.C. 1101(a)(15)(H)(i)(b) (establishing basic definition of H-1B nonimmigrant category)
* INA 214, 8 U.S.C. 1184 (overall section relates to Admission of Nonimmigrants; various specific subsections relate to petition process for and admission of H-1B nonimmigrants)
* INA 212(n), (p); 8 U.S.C. 1182(n), (p) (relating to the Labor Condition Application and prevailing wage computations)
* 8 C.F.R. 214.1 (INS regulations with basic provisions governing requirements for admission, extension and maintenance of various nonimmigrant statuses, including H-1B and H-4)
* 8 C.F.R. 214.2(h) (INS regulations with detailed provisions governing H-1B program, as well as other H categories)
* 20 C.F.R. 655.700 et seq. (DOL regulations governing Labor Condition Application process for H-1B program)
* 20 C.F.R. 655.800 et seq. (DOL regulations governing enforcement of Labor Condition Application attestations)

Cites from Ellen Yost:

* Rules for B-1 are at FAM 41.31, INS Operating Instruction 212.1(b), and INS Inspectors Field Manual, Chapter 15, Section 15.4(b)
* North American Free Trade Agreement ("NAFTA") Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057 (Dec. 8, 1993), amending INA 101(a)(15)(E), 8 U.S.C. 1101(a)(15)(E), INA 214(e), and adding INA 214(j)
* The List of permissible B-1 activities is found in Appendix 1603.A.1 to Annex 1603 of the NAFTA and is codified at 8 C.F.R. 214.2(b)(4). See also NAFTA Handbook, Sections 1 & 2
* The List of TN professions is found in Appendix 1603.D.1. to Annex 1603 of the NAFTA
* INS memo of July 24, 2000 from Mitch Cronin
* INA 101(a)(32) defines the term "profession" for the L-1 category


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