A Note from the Editors:

The Foreign Born In The US Labor Force

President Bush's immigration reform initiative has raised questions on the participation of the immigrants in the US labor market. A Featured Article by the Migration Institute, an independent, non-partisan, and non-profit think tank presents information on foreign-born workers based on census and survey data. For the item, see below.

We welcome readers to share their opinion and ideas on this topic with us by writing to weeklyeditor@ilw.com.

Articles

Presidential Papers Historical Series: Remarks To Representatives Of Organizations Interested In Immigration And The Problems Of Refugees
President Johnson sent this message to Congress on January 13, 1964.

L-1 Usage In Light Of The H-1B Cap
Cyrus Mehta writes "The Department of State (DOS) has issued a cable to its consular posts regarding the use of L visas by persons who would be unable to use the H-1B visa because of the 65,000 cap."

Safe Third Country Agreement Announced Between US And Canada
The USCIS announced that a proposed rule to implement a bilateral agreement between the US and Canada that affects asylum seekers both at US-Canada land border ports-of-entry, and in transit through the US or Canada during removal by the other country. For the Federal Register proposed rule on Safe Third Country Agreement, see here. For the Federal Register proposed rule on implementation, see here. For the USCIS press release, see here.

President Bush On Plans For New Temporary Worker Program
During a press conference held jointly by President Bush and Mexican President Fox, various immigration-related issues were addressed.

The Foreign Born in the US Labor Force: Numbers and Trends
Elizabeth Grieco of the Migration Policy Institute writes "President Bush's initiative on immigration reform has raised questions about the participation of the foreign born in the civilian labor market of the US."

J-1 Waiver Flowcharts
We recently featured Gregory Siskind's J-1 flowcharts series. This is the final complete eight-flowchart set. These visual tools will be of interest to all those involved in J-1s.

USCIS Issues Opinion Letter On Part-Time L1 Visas
Efren Hernandez III of the USCIS issued an opinion letter on part-time L1 visas. (courtesy of Gary Endelman).

DHS Eliminates Mexican TN Nonimmigrant Numerical Cap
The DHS issued an interim rule with request for comments removing the annual numerical cap on the number of Mexican professional admissions under the North American Free Trade Agreement (NAFTA). This rule also eliminates the associated requirement of a petition for a Mexican-based NAFTA professional and the corresponding labor condition application.

GAO Report Says Most Resident Aliens With ITINs Are Not Legally Employed
The Government Accounting Office issued a report on Individual Taxpayer Identification Numbers (ITINs) which stated that the IRS has concluded that most resident aliens who have ITINs and earn wage income are not legally employed in the US. Given this context, the GAO raised various issues, including the potential risks of data sharing among the IRS, SSA, and the DHS.

USCIS Says H-2B Cap Is Reached
The USCIS announced that this year's 66,000 new worker H-2B cap has been reached. Effective March 9, 2004, USCIS will no longer accept any new H-2B petitions for FY 2004.

Marketing Directly To Clients With Weblogs
Larry Bodine writes "They're called Weblogs, blogs and "blawgs," and they are the hottest thing to come along in marketing since the telephone."

Do I Have To Pay For A Filing Fee Every Time I Renew My Work Permit?
Read a response from the USCIS on filing fees and EADs.

ILW Highlights

Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL

The curriculum for our new seminar "Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL" is as follows:

FIRST Phone Session on March 24:

Applying for Visas - Are the Procedures Still the Same?

• Third Country National Visa Processing in Canada and Mexico


i. Update on Canada and Mexico
ii. Can TCN’s still apply?
iii. Can List of 26 or T-7 TCN’s still apply?
iv. Changes to the Automatic Revalidation Rule – what happens if the visa is not issued – is my Client Stuck Outside the U.S.?
v. When should you Consider Border Post in Canada/Mexico over Processing in Home Country?
vi. TCN E-1/E-2 Treaty Trader and Investor Visas Applying for Visas in Home Country

• Applying for Visas in Home Country
  
  i. Mandatory Interviews
  ii. Personal Appearance Waivers, Appointments and Timing
• Visa Revalidation through the Department of State – is this still a viable option?
  
• Importance of Reviewing Forms DS-156 and 157
  
• What Documents Should Your Client Bring To the Consulate?
  
• Where can Applicants from List of 26 or Terrible 7 countries apply?

SECOND Phone Session on April 22:

Navigating Through the Maze of Security Checks and Special Issues that Warrant Attention

• Data Sharing
• Visas Condor Checks for Applicants from Predominantly Muslim countries or countries of concern
• NCIC Checks and Hits in the Database – remember that DUI or pot conviction or petty theft arrest from 30 years ago?
• False Hits for Individuals with common names
• Visa Restrictions for Citizens and Nationals of State Sponsors of Terrorism - Section 306 of the Border Security Act
• The Impact of Biometric Identifiers and new technologies

i. Biometrics in US visas – how does this impact visa processing?
ii. US VISIT
iii. Biometric requirements and the Visa Waiver program

i. what does this mean for visa processing?

i. Applying for a B-1/B-2 after a Visa Waiver refusal
ii. Applying for a visa after failing to register on departure from the U.S.
iii. Unlawful presence and 222(g) concerns

1. applying for a visa after a layoff situation
2. 222(g) versus 3/10 year bars

THIRD Phone Session on May 13:

Visas Mantis Hits and the Technology Alert List – Why Scientists, Academics, Researchers, Engineers and Hi-Tech Professionals Should Be Concerned

i. Why is this important now?
ii. What is a deemed export?
iii. What sorts of technologies are covered by export control regulations?
iv. Applying for a License
v. Basic compliance procedures that every company should have

The deadline to register is Monday, March 22nd. For more info, including detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/march2004.shtm. (Fax version: http://www.ilw.com/seminars/march2004.pdf.)

Letters to Editors

To write to Editors, send emails to weeklyeditor@ilw.com.

Dear Editor:
My name is Petrit Mavraj and I subscribe to Immigrant's Weekly. I have noticed for the past 6 months there has been no progress in processing times in some cases. There appears to be no Service Center Processing times update, especially in Nebraska (where my aplication is pending). It has remained at the same time and is not moving.

Petrit Mavraj

Editor's Note: ILW.COM's processing times are updated on a regular basis. Each Processing Times Report includes the date of the update. The Nebraska Service Center Processing Times was last updated on 3/1/2004.

Immigrant Life

Immigrant's Weekly Exclusive

What Drives Koreans To Immigrate?
Young Noh, Esq.explains the top five reasons why Koreans desire to immigrate.

Have a story that you'd like to share with us? Send your story as an immigrant to weeklyeditor@ilw.com.

This week's chat schedule

ILW.COM announces that as of Feb 3rd, all chats will be held at 5:00 pm Eastern Time.

When	Attorney
Tuesday, Mar 16 5:00 pm Eastern Time	Kyle Kinzy, Esq.
Thursday, Mar 18 5:00 pm Eastern Time	Mitch Berenson, Esq.
Tuesday, Mar 23 5:00 pm Eastern Time	Arthur Zabenko, Esq.

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