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Immigration Daily

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Immigration Daily March 11, 2004
Previous Issues
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Editor's Comments

USCIS Opinion Letter On Part-Time L1 Visas

Mr. Efren Hernandez of the USCIS issued an opinion letter providing clarification on whether part-time employment is permissible in the context of the L-1 visa classification. Mr. Hernandez states in his memo, "It has been legacy INS and BCIS policy that [maternity, vacation, or sick leave] periods of leave do not violate the terms of the alien's admission to the US as a nonimmigrant alien. Further, the employer is not required to notify the BCIS that the alien has been granted leave." For the correspondence with Mr. Hernandez, see here.


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 TCNs still apply?
      iii. Can List of 26 or T-7 TCNs 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
  • Memorandum of Understanding between the DOS and DHS
    • i. what does this mean for visa processing?
  • Special Visa Processing Issues
    • 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

  • What is the TAL?
  • How does it impact foreign nationals?
  • Why should I be worried about it?
  • What Should I do if it looks like my Client Will be Subject to TAL
  • What Kinds of Documents Should I Bring?
  • What Can I Do if my Client is Subject to the TAL?
  • What Can I Expect Once My Client is Back in the US?
  • The Related Issue of Export Controls
    • 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: (Fax version:

    Featured Article

    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.

    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:

    Immigration Law News

    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.

    Washington Post Op-ed on Huntington's Mexifornia Theory
    A Washington Post op-ed says "Forgive my sarcasm, but I just can't buy Huntington's absurd argument that Hispanics are incapable of assimilation. In fact, I'm absolutely certain that Huntington will be proved wrong."

    Individuals Plead Guilty To Selling $1 Million In Fake Work Permits
    The Kansas City Star reports " A US immigration employee and a Chilean accomplice pleaded guilty Tuesday to selling at least 110 phony work permits to other illegal immigrants."

    Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


    Help Wanted: Legal Assistants
    Leading immigration law firm, Tindall & Foster P.C., seeks qualified legal assistant applicants for its Texas offices in Austin and Houston. Positions require a university degree, strong writing skills, and Word, Outlook, Excel and Access proficiency. Foreign language fluency and immigration experience preferred. Training provided. Nonsmokers desired. We offer a competitive salary + benefits package (incl. paid parking). Austin applicants: Email resume to Robert Loughran at: Houston aplicants: Email resume to Kathryn Vidal at: Alternatively, resumes can be mailed to Personnel, 600 Travis Street, Suite 2800, Houston, TX 77002 (please indicate desired location). No calls please. EOE.

    Help Wanted: Experienced Immigration Specialist And Entry-Level Paralegal
    Greenberg Traurig, a large international law firm, has openings in its Tysons Corner, VA office for 2 positions: an experienced immigration specialist and an entry-level paralegal. Both positions require a Bachelors degree and a minimum 2+ yrs of experience in the immigration field. The experienced immigration specialist should have previous experience managing caseloads with a high degree of independence. Both positions require strong organizational, written, computer and verbal skills. Fluency in Spanish preferred. Excellent benefits and compensation package offered. Send resume + cover letter, including salary requirements by (fax) 703-714-8378 or (email) Please state the position (experienced or entry-level position) that you are applying for.

    Case Management Technology
    If you're looking to grow your immigration business, efficiency is critical. Developed by veteran immigration attorneys, VisaPrep helps attorneys handle more cases and increase profitability with technology successfully used for immigration matters since 1997. Our easy-to-use, secure online solution helps you streamline immigration processing. With VisaPrep, non-legal functions are performed automatically to save time and reduce filing errors. Clients can check the status of their case online and you can easily monitor their cases online. And with our exclusive VisaPrep Response Wizard(tm), you'll be able to answer most client questions quicker than ever before. With VisaPrep, you get simple pricing, free training and unlimited support. Many immigration technology vendors make promises - VisaPrep delivers. Call 866-VISAPREP (866-847-2773) or e-mail us at to see a demonstration.

    We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
    For information on advertising in the classifieds please click here

    For a listing of current immigration events please click here
    For services/products of use in your law practice please click here

    Letters to the Editor

    Dear Editor:
    The Commission on Graduates of Foreign Nursing Schools issued the following press release.

    Tom Smith
    Commission on Graduates of Foreign Nursing Schools (CGFNS)

    Dear Editor:
    The Puerto Rican Legal Defense and Education Fund (PRLDEF) issued the following press release.

    Jackson Chin
    Puerto Rican Legal Defense and Education Fund (PRLDEF)

    Dear Editor:
    The following pdf file is mostly empty and needs correction.

    Bill Kartman, Program Manager, WA State Employment Security Dept
    Olympia, WA

    Editor's Note: Thank you for bringing this to our attention. The pdf file has been corrected.

    Dear Editor:
    The PDF doc mentioned in today's Immigration Daily - Prevailing Wage For Parochial And Public School Teachers Is The Same...only the first of seven pages is showing up in the document. Pages 2-7 appear to be blank to everyone in our office. I have the most recent Acrobat.

    Kari S. Wenger, Senior Legal Assistant for Gonzalez & Harris
    Pasadena, CA

    Editor's Note: Thank you for bringing this to our attention. The pdf file has been corrected.

    An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

    Editorial Advisory Board
    Marc Ellis, Gary Endelman

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