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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 3 held on September 30, 2002

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1. 8 C.F.R. 214.1(c)(4) [Requirements for extension of status eligibility, plus factors for "extraordinary circumstanes" discretionary relief in case of late filing filing after failure to maintain status]

2. Immigration and Nationality Act ("INA") Sec. 214(m), 8 U.S.C. Sec. 1184(m) [Requirements for H-1B "portability" eligibility]

3. 8 CFR 214.2 (h)(13)(iii)(A) [INS regulation regarding 6 year limit in H-1B status applies to time spent in the U.S.]

4. Nair v. Coultice, 162 F.Supp. 1209 (S.D. Cal. 2001) [federal court decision re: "recapture" of time in H-1B status]

5. INA Sec. 245(k), 8 U.S.C. 1255(k) [limited overstay/unauthorized employment forgiveness for employment based adjustment of status applicants]

6. 20 C.F.R. 655.730(e)(1) and 20 C.F.R. 655.760(a)(7) [DOL regulations indicating allowing continued use of LCA when there is a change in corporate structure or identity]

7. INA Sec. 214(c)(10), 8 U.S.C. 1184(c)(10) [amended H-1B petition not needed in corporate restructuring where new entity succeeds to interests and obligations of original petitioning entity and terms and conditions of employment remain the same]

8. INA Sec. 212(n)(2)(C)(vi)(II), 8 U.S.C. 1182(n)(2)(C)(vi)(II) [employer may not require alien to provide, and may not accept if offered by alien, compensation for or reimbursement of $1000 portion of filing fee]

9. 8 C.F.R. 214.2(h)(19)(ii) [INS will only accept check for filing fee from employer or its representative of record]


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