Editor's Comments of the Day

The INS last month released its long awaited guidance on the issue of the educational and experience requirements for EB-2 cases. With the return of the backlogs in the employment based visa categories for those born in China and India, the issue is of crucial importance. The EB-2 category includes members of the professions holding advanced degrees. The definition of advanced degree in the Federal Regulations at 8 C.F.R. 204.5(k)(2) includes a baccalaureate degree followed by “five years of progressive experience.” Unfortunately the guidance from the INS still gives no clear interpretation of “progressive experience,” The INS leaves the waters as muddied as they were by failing to provide a bright line, stating instead “(a)s with any adjudication, a petition seeking classification for an EB-2 advanced degree professional should be decided on a case-by-case basis.”

INS News of the Day

INS Releases Interim Measures for VWPP
In an e-mail to ILW.COM the INS has released the interim measures it will follow during the month of May since Congress allowed the Visa Waiver Pilot Program to lapse as of April 30, 2000.

ILW.COM Featured Article of the Day

ILW.COM invites the submission of articles about immigration law. Please send articles to editor@ilw.com

Legal Rejections of U.S. Workers
Joel Stewart, Esq. explains the basis for the legal rejection of US workers in the labor certification process including documentation and testing issues.

Immigration News of the Day

2,000 March for Immigrant Amnesty
The Dallas Morning News reports that more than 2000 marchers turned out in support of proposed federal legislation that would grant permanent residency to thousands of Central American workers.

Huddled Masses Yearning to Write JAVA
Karl Schoenberger in The Standard outlines the issues on both sides of the debate over increasing the number of H-1Bs available and analyzes the bills pending in Congress.