A Note from the Editors:

A memorandum from Thomas E. Cook, Acting Assistant Commissioner, Office of Adjudications, instructs that H-1B petitions filed on behalf of alien beneficiaries who do not have valid state licenses should be approved for a period of one year provided that the only obstacle to obtaining a state license is the fact that the alien cannot obtain a social security card. The memo notes that the issue has arisen most recently regarding the adjudication of H-1B petitions for public high school teachers. The memo may be inconsistent with existing federal regulations. 8 CFR 214.2(h)(4)(v)(A) states that, "if an occupation requires a state or local license for an individual to fully perform the duties of the occupation, an alien (except an H-1A nurse) seeking H classification in that occupation must have that license prior to approval of the petition to be found qualified to enter the United States and immediately engage in employment in that occupation." The regulations provide, however, that "[i]f an analysis of the facts demonstrates that the alien under supervision is authorized to fully perform the duties of the of the occupation, H classification may be granted," 8 CFR 214.2(h)(4)(v)(B), or that in situations where a state allows someone to practice an occupation which generally requires licensure if under the supervision of licensed senior or supervisory personnel, H classification may be granted if the facts demonstrate that the alien under supervision could fully perform the duties of the occupation. 8 CFR 214.2(h)(4)(v)(C). If a state law does not allow a teacher to teach under supervision pending licensure, the INS policy would seem to be conflict with the regulations. Some may be tempted to look the other way when the INS reaches beyond the regulations to take action favorable to an alien, but then what can be said when the INS contravene's the regulations in unfavorable ways?

The family, employment and diversity lottery priority dates have been udpated.

The California, Texas and Nebraska Service Center Processing Times have also been updated.

Articles

"A Moveable Feast": An Analysis of Adjustment of Status Portability Under AC21 (Finale)
In the final installment of this article from Angelo A. Paparelli and Janet J. Lee, we reprint the entire article including ethical considerations and the authors' conclusions.

Update to CSS and LULAC Class Members, Attorneys and Advocates
Peter Schey, President of the Center for Human Rights and Constitutional Law, provides information on recent developments in the CSS and LULAC class actions.

Deported Immigrants With Nowhere to Go Wait in Jail
According to the New York Times [registration required] in county jails throughout the nation there are plenty of stateless criminals who have been waiting for years for the INS to deport or release them.

The ABCs of Immigration - - Inadmissibility - Miscellaneous Grounds of Inadmissibility
Greg Siskind and Amy Ballentine conclude their series on bases for inadmissibility by covering miscellaneous grounds.

Dissecting Attorney General Ashcroft’s Testimony
Cyrus D. Mehta analyzes excerpts related to the rights of noncitizens from Attorney General Ashcroft's December 6 testimony before the Senate Judiciary Committee

Criminal Prosecution for Visa Fraud
Thomas W. Dean, JD, reviews the statutory grounds for criminal prosecution for visa fraud and a possible defense.

ILW.COM Highlights

ILW.COM Seminars!

ILW.COM currently offers two seminars:

1. Immigration implications of September 11th tragedy, a pro bono, at-cost seminar moderated by Stephen Yale-Loehr, and co-sponsored by AILA and CINL/ABCNY. (for more info, click here: http://www.ilw.com/seminars/seminars_9-11.shtm)
2. On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr (for more info, click here: http://www.ilw.com/seminars/seminars_h-1b.shtm)

Immigrant Life

Take a Quiz
For how many days is Hanukkah celebrated?

• 5
• 7
• 8

This week's chat schedule

When Attorney Monday, December 17 9:00 pm Eastern Time Kevin Dixler Wednesday, December 19 9:00 pm Eastern Time Alka Bahal

Classifieds

For information on advertising in the classifieds please click here.

POST YOUR RESUME
Y-axis.com, the best jobsite for anyone looking to work or study in the US. Currently recruiting for the USA - Nurses, Teachers & IT professionals. Post your resume on www.y-axis.com.

U.S. IMMIGRATION
U.S. Visa Search gives you the opportunity to exhaustively explore all of your U.S. immigration possibilities for only $10! -- PLUS -- Sign up for a USVISASEARCH referral account and earn 10% of EVERY purchase linked through from your web-site or word-of-mouth referral!