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Legal Citations for ILW.COM's Seminar
"Strategies for Business: Employing foreign nationals on Hs, Ls, TN and other visas"
Part 2 held on August 29, 2002

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1. Matter of [NAME NOT PROVIDED], SRC-98-101-50785, 21 Immig. Rptr. B2-6 (AAU August 9,1999)
[Employer/employee relationship established where sole owner of corporation petitioned for himself as sole employee of business].

2. Matter of [NAME NOT PROVIDED], 22 Immig. Rptr. B2-29 (AAU May 23, 2000), Posted on AILA InfoNet at Doc. No. 00061301 (June 13, 2000)
[Software engineer is a specialty occupation; "speculative employment" and "ability to pay" issues are under DOL jurisdiction and should not be part of INS adjudication of H-1B petition].

3. Matter of [NAME NOT PROVIDED], EAC-99-049-52034, 23 Immig. Rptr. B2-97 (AAU July 31, 2000)
[Computer systems analyst is a specialty occupation; "speculative employment" and "ability to pay" issues are under DOL jurisdiction and should not be part of INS adjudication of H-1B petition].

4. In re: [NAME NOT PROVIDED], WAC-95-016-52198, 15 Immig. Rptr. B2-16 (AAU June 29, 1995)
[Director of Technology for a computer control systems firm is a specialty occupation].

5. In re: [NAME NOT PROVIDED], LIN-96-005-51099, 17 Immig. Rptr. B2-39 (AAU May 19, 1997)
[Computer programmer for a firm which develops and markets cross industry application software is a specialty occupation].

6. Louisiana Philharmonic Orchestra v. Immigration and Naturalization Service, 44 F. Supp. 2d 800 (E.D. La. 1999)
[Denial of H-1B for Violinist position as not a specialty occupation reversed and remanded to AAU].

7. Matter of [NAME NOT PROVIDED], EAC-97-210-52228, 19 Immig. Rptr. B2-83, (AAU September 18, 1998)
[Mechanical engineer specializing in installation of computerized auto wheel alignment equipment is a specialty occupation].

8. Matter of [NAME NOT PROVIDED], WAC-94-189-50221, 19 Immig. Rptr. B2-80 (AAU August 13, 1998)
[Montessori pre-school teacher is a specialty occupation].

9. In re: [NAME NOT PROVIDED], WAC-97-126-51835, 18 Immig. Rpt. B2-9 (AAU January 22, 1998)
[Position of foreign law consultant is a specialty occupation].

10. Defensor v. Meissner, 201 F.3d 384 (5th Cir. 2000)
[Denial of H-1B petitions for Registered Nurses affirmed on grounds of no specialty occupation].

11. Matter of [NAME NOT PROVIDED], EAC-98-255-52073 (AAU September 22, 1999), Posted on AILA InfoNet at Doc. No. 00021074 (February 10, 2000)
["Media planner" for small jewelry design firm not a specialty occupation].

12. Matter of [NAME NOT PROVIDED], LIN-99-061-50866 (AAU August 25, 1999), Posted on AILA InfoNet at Doc. No. 000217073 (February 10, 2000)
[Pattern maker for firm that manufactures molds and patterns not a specialty occupation].

13. "CSC Discusses Specialty Occupations," Posted on AILA InfoNet at Doc. No. 00050901 (May 9, 2000).

14. "Guidance Memorandum on H-1B Computer Related Positions," from Terry Way, NSC Director, to Center Adjudication Officers (Nebraska Service Center December 22, 2000), Posted on AILA InfoNet at Doc. No. 01040603 (April 6, 2001).

15. "Eligibility of Registered Nurses for H-1B Classification," memorandum from Michael Aytes, Acting Assistant Commissioner, INS Office of Adjudications, No. HQ 214h-C (November 17, 1995), posted on AILA InfoNet as "INS Memo on Registered Nurses for H-1B Classification" (December 12, 1995).

16. "Clarification of Level I and Level II Skill Levels For The Purposes of Prevailing Wage Determinations," Training and Employment Guidance Letter No. 5-02 (U.S. D.O.L. Employment and Training Administration Advisory System August 7, 2002), Posted on AILA InfoNet at Doc. No. 0281440 (August 14, 2002).

Links to articles by George Lester on H-1B (updated up to September 18, 2002)

(1) H-1B Series: Introduction - The H-1B "Specialty Occupation" Program - Good for Employers, Good for the U.S. http://www.ilw.com/articles/2002,0722-Lester.shtm

(2) H-1B Series: General Requirements of Program http://www.ilw.com/articles/2002,0729-Lester.shtm

(3) H-1B Series: Legal Background of the H-1B "Specialty Occupation" Program - Statutes and Regulations Practitioners Should Know http://www.ilw.com/articles/2002,0805-Lester.sht

(4) H-1B Series: The H-1B "Cap" http://www.ilw.com/articles/2002,0812-Lester.shtm

(5) H-1B Series: The Petitioner And Its Job Offer http://www.ilw.com/articles/2002,0819-Lester.shtm

(6) H-1B Series: What Is An H-1B "Specialty Occupation"? http://www.ilw.com/articles/2002,0826-Lester.shtm

(7) H-1B Series: More On Making Your Case For An H-1B "Specialty Occupation" http://www.ilw.com/articles/2002,0903-Lester.shtm

(8) H-1B Series: Discussion of the "Specialty Occupation" Standard and Particular Occupational Categories
http://www.ilw.com/articles/2002,0909-Lester.shtm

(9) H-1B Series: The H-1B Beneficiary's Required Qualifications, Part 1 http://www.ilw.com/articles/2002,0916-Lester.shtm


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