ILW.COM January 2009 Citations

by Christina LaBrie, Karen Weinstock, Sofia Zneimer, and Angelo Paparelli, et al.

Editor's note: We share the citations from all January 2009 ILW.COM seminars.

Citations for ILW.COM's Seminar Latest In Adjustment Of Status

• FBI Identification Record Request here.

• Reciprocity table from Department of State.

Citations for ILW.COM's Seminar H-1B For Experts

• There is eligibility under an old INS memorandum on the Matter of Srinivasan case that allows for B-1 in lieu of H-1.
  

• Memorandum from INS acknowledged that foreign computer professionals may be admissible in the "B-1 in lieu of H-1" classification where the services provided by the alien "are necessary to the integrated international production, marketing and service system of a corporation, its subsidiaries and affiliates, and do not involve the reassignment of an alien to an employer in the United States (i.e., the employee remains under the control of an employer outside the United States)."
• See Matter of Srinivasan, quoted and discussed in S. Bernsen, The Proposed Restriction of the "B-1 in Lieu of H-1" Concept, 70 Interpreter Releases 35, 1189-92 (September 13, 1993).

Citations for ILW.COM's Seminar PERM For Beginners

• Business Necessity for Job Level Four Gaining Experience on the Job

Citations for ILW.COM's Seminar Employer Sanctions For Experts

• Source of STEM subjects available at http://www.ice.gov/sevis/stemlist.htm, last accessed January 28, 2009.
• President Bush's Amendment to Executive Order 12989 requiring federal contractors to use E-Verify.
• Executive Order 13465 Economy and Efficiency in Government Procurement through Compliance with Certain Immigration and Nationality Act Provisions and the Use of an Electronic Employment Eligibility Verification System amending Executive Order 12989 of February 13, 1996 (June 6, 2008), available at http://edocket.access.gpo.gov/2008/pdf/08-1348.pdf, last accessed January 28, 2009.
• Final Rule mandating use of E-Verify by all Federal Contractors.
• 73 Fed. Reg. 67651, Nov. 14, 2008 (to be codified at 48 C.F.R. pts. 2, 22, and 52) available at http://www.nafsa.org/_/Document/_/final_rule_on_e_verify.pdf, last accessed January 28, 2009.
• 100,000 Employers Use E-Verify Program, USCIS Press Release, January 08, 2008 available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3df0f3addb6be110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb
  9010VgnVCM10000045f3d6a1RCRD, last accessed January 17, 2009.
• Lawsuit filed by coalition of business organizations to challenge the E-Verify Amendment to the FAR in federal court.
• Chamber of Commerce of the United States of America, et al. v. Michael Chertoff, et al., Civil Action No. AW-08-3444 (D.Md.). available at http://www.uschamber.com/assets/nclc/chamber_v_chertoff.pdf, last accessed January 28, 2009.
• Delay of Applicability of FAR until February 20, 2009.
• 74 Fed. Reg. 1937 (January 14, 2009), available at http://edocket.access.gpo.gov/2009/pdf/E9-651.pdf, last accessed January 28, 2009.
• E-Verify MOU for Employer [Revision Date 10/29/08] available at http://www.uscis.gov/files/nativedocuments/MOU.pdf, last accessed January 28, 2009.
• US Chamber of Commerce announcement that litigants agreed to extend applicability of FAR to May 21, 2009.
• Federal Government Again Delays Mandatory E-Verify Use for Government Contractors: Chamber Deal Postpones Rule for a Second Time, available at http://www.uschamber.com/press/releases/2009/january/090128_verify.htm, last accessed January 28, 2009.
• Memorandum for the Heads of Executive Departments and Agencies from Rahm Emanuel, January 20, 2008, available at http://edocket.access.gpo.gov/2009/E9-1639.htm, last accessed January 28, 2009.

About The Authors

Christina LaBrie, et al. are the speakers for Latest In Adjustment Of Status. To purchase an audio CD of all 3 sessions, see here.

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