Major DOL Decision On H1B-Dependents
In an important development for H1B-dependent employers, the DOL decided the Matter of Administrator, Wage and Hour Division v. CyberWorld Enterprise Technologies, Inc. d/b/a Tekstrom, Inc., No. 2003-LCA-17 (OALJ, Dec. 23, 2003). In this administrative decision, the OALJ found that the H1B-dependent employer committed a statutory violation by failing to make secondary displacement inquiries of a tertiary employer. Despite regulatory deficiencies, the OALJ found the employer culpably responsible for failure to comply with the LCA condition at 8 USC 1182(n)(1)(F) and found that the OALJ had no discretion to prevent notification to the Attorney General of the LCA violation.
It is widespread practice amongst H1B-dependent employer to place H1B employees through secondary, tertiary and even quarterenary employers. It may be hard to fulfill the secondary displacement inquiry condition in many such situations. At a minimum, this decision will make life difficult for H1B-dependent employers and perhaps impossible for some. We commend this decision to the attention of all those connected with H1B-dependent employers. For the item, see below.
Marketing For Immigration Lawyers - Free Workshop
The agenda for "Education-Based Marketing For Immigration Lawyers" with
noted expert Trey Ryder is as follows:
How to attract new clients, increase referrals, strengthen client
loyalty and build your image as an authority -- without selling!
During this eye-opening program, you will discover:
++ 13 marketing misconceptions that cost lawyers a fortune
++ How to attract calls from the prospects you want to reach
++ How to create a powerful marketing message
++ How to begin your program of education-based marketing
++ Why selling-based marketing no longer works
++ Why most p.r. programs do not work
++ 6 essential elements for marketing success
++ How to build your image as an authority
++ How to appeal to skeptical prospects
++ How to overcome phone-call fear
++ How to make your marketing accountable
++ Why marketing programs fail
++ Why you should never compete on low price
++ How to get prospects to eagerly pay you higher fees than other
++ How to get prospects to call you before they call other
++ The toughest marketing challenge you face (it is not what you
++ Why you should never rely exclusively on referrals
++ How to establish the highest possible level of trust
++ The most effective time to deliver your marketing message (no,
it is not when your prospect is in your office)
++ Why you should never promote your services -- and what you
should promote instead!
The 45 minute telephonic workshop will be on Thursday, January 22nd (from
1.15pm ET to 2pm ET). Requests for registration should be sent to
email@example.com. The telephonic
workshop is offered free of charge to
members in good standing of ILW.COM's directory of immigration attorneys.
Visas Through Treaties
Cyrus D. Mehta explores how a country such as India can enter into a treaty with the US so that its nationals could take advantage of visas that could emanate from it.
Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/
Immigration Law News
H-1B Dependent Employer's Lack Of Knowledge Of Tertiary Employers Is Not Defense To Lack Of Displacement Inquiry Of Secondary Employer
In the Matter of Administrator, Wage and Hour Division v. CyberWorld Enterprise Technologies, Inc. d/b/a Tekstrom, Inc., No. 2003-LCA-17 (OALJ, Dec. 23, 2003), the Office of Administrative Law Judges said that
Employer's failure to make displacement inquiries of secondary employers as required by 8 USC 1182(n)(1)(F) had no knowledge element and that simple failure to comply with the applicable LCA condition was a statutory violation. The OALJ noted that Employer could have reasonably met its obligations through a secondary displacement inquiry of its client business, non-displacement assurances from its vendors, or a non-displacement contract clause.
President Bush Says Best Way To Reduce Illegal Immigration Is To Expand Economic Opportunity In Mexico
During President Bush's meeting with Mexican President Fox, President Bush said, "The best way in the long-term to reduce the pressures that create illegal immigration is to expand economic opportunity in countries at both ends of an immigrant's journey."
Presidential Proclamation Suspends Entry For Corruption
President Bush issued a proclamation suspending the entry as immigrants or nonimmigrants of some persons engaged in or benefiting from corruption.
First Lady On Telemundo And Univision
The First Lady commented on President Bush's immigration reform initiative where she said, "I hope the Congress will work with the President to come up with an immigration policy that's safe for immigrants, for people who come to the US, as well as economically beneficial for American employers." Mrs. Bush also responded to Univision's comments saying, "I hope the Congress will work with the President to come up with an immigration policy that's safe for immigrants, for people who come to the US, as well as economically beneficial for American employers."
For her comments to Telemundo, see here. For Mrs. Bush's comments to Univision, see here.
Undocumented Cows, Undocumented Immigrants
A San Francisco Chronicle op-ed says "In case you haven't noticed, the Bush administration has a little problem with the undocumented -- not only cows, but also people."
President Bush's Immigration Reform Initiative Gains Momentum
The Oakland Tribune reports "President Bush asserted Monday that most "temporary workers" would eventually have to leave the US under a proposed immigration law that could legalize millions of undocumented workers."
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Help Wanted: Attorneys and Paralegals
The Law Offices of Bernard P. Wolfsdorf seek to hire experienced paralegals
for its South Bay, CA (Torrance) office and New York, NY offices. Bachelor's
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Attorney applicants: fax T.L. Loke Walsh at (310) 573-5093 or email firstname.lastname@example.org.
Immigration Law Books
Immigration attorneys need look no further than Patel's complete reference library for their primary resource needs. Patel's library consists of (4) books: The Whole ACT—INA (Annotated), 20/22/28 CFRPlus, 8 CFRPlus, and Patel's Citations of Administrative Decisions under Immigration and Nationality Laws. Each book contains a detailed topical index, is annotated and is updated annually to reflect the latest changes in regulations. These four books will keep you abreast of the status and standing of all immigration citations, cover the history and treatment of all reported administrative decisions under immigration and nationality law, and provide you with the latest immigration-related regulations of the DOL, DOS, and DOJ. Patel's 4-set library is an indispensable reference tool for any immigration practitioner. For more information or to purchase these books see here.
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Letters to the Editor
The question posed by Matt Berdahl at Moorhead High School in Minnesota brought up distant memories of my nationality classes at the Border Patrol Academy in 1960. I no longer have access to that study material, but here is what I vaguely recall: Such a child would be considered a foundling and would be presumed to be a USC until he/she reaches majority. At that time, if the presumption has not been successfully rebutted, the citizenship becomes permanent, notwithstanding subsequent findings. This then, would seem to imply that he/she would have the permanent status of "natural born citizen" and with it, eligibility to run for US President. This dusty memory is, of course, needing better research by those with younger energies. It should be somewhere in the leading subsections of nationality law.
Chucky's letter fails to see the big picture. You couldn't ever deport everyone who is here illegally. It's impossible. There are too many people and there are too few agents. In Chicago there are something like 15-20 agents and an estimated 250,000 people here illegally. So instead you offer them a deal where they come out of hiding, make a few bucks, and according to the proposal, they go back home. You also run security checks to make sure they aren't threats. Then there will be a lot less people underground for the ICE agents to look for.
Mr. Gupta's letter is completely correct. The current proposal is a bit like indentured servitude and really needs to be revamped. Under the current proposal it appears that the employers would hold a big stick over the head of the employee. If the employer yanks the job then the employee goes home. That isn't much incentive for an individual who has lived underground for many years to make himself known to the government. Although his worry about wages below the legal limit might be misplaced since it appears the employer will have to comply with US wage laws. Of course that isn't very much money and if the administration had its way there wouldn't be a minimum wage in the first place. Then Mr. Gupta's fears in this area would be very well founded indeed.
Justin G. Randolph
Carpenter & Capt, Chtd.
An excerpt of a press release by the Lutheran Immigration and Refugee Service appears below.
Lutheran Immigration and Refugee Service (LIRS) applauds President Bush for bringing immigration reform into the center of the policy debate, and looks forward to a permanent solution to America's broken immigration system. On Wednesday, President Bush began his remarks on immigration reform with a veritable hymn of praise to immigrants. He spoke of our tradition as a welcoming society, noting as a strength America's ability to integrate newcomers, and went on to lift up the many contributions immigrants have made to our country. He also said, "As a nation that values immigration, and depends on immigration, we should have immigration laws that work and make us proud." ... Evaluating President Bush's proposal in light of the effects it will have on undocumented people shows that while the proposal has some positive components, it is only an initial step in fixing our broken immigration system. LIRS looks forward to working with the Bush administration and Congress to continue the work of crafting real immigration reform that unites families, ensures worker rights and human rights, allows immigrant workers to live freely and openly in our society, and gives those willing to contribute to our economy and society a true path toward citizenship in the US.
Lutheran Immigration and Refugee Service
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