From: stella@gandalf.rutgers.edu (Ricky Suave Stella)
Newsgroups: alt.visa.us
Subject: UPDATE ON NEW TYPES OF VISAS
Date: 30 Jul 92 16:27:18 GMT
Organization: Rutgers Univ., New Brunswick, N.J.


This I got some time ago (end of March or so) and have no idea who wrote
or what.  So I'm not responsible for what it says...

Still it seems pretty usefull...

------------------------------------------------------------------------


        ###########################################################
        #      UPDATE ON THE NEW IMMIGRATION LAWS !!              #
        ###########################################################

1) IMMIGRATION LAW UPDATE: F-1 OFF-CAMPUS EMPLOYMENT.
2) IMMIGRATION LAW UPDATE: F-1 ON-CAMPUS EMPLOYMENT.
3) IMMIGRATION LAW UPDATE: EXTENSION OF STAY PROCEDURE CHANGES
4) IMMIGRATION LAW UPDATE: J-2 WORKING AUTHORIZATIONS.
5) IMMIGRATION LAW UPDATE: J-2 WORKING AUTHORIZATIONS.
6) IMMIGRATION LAW UPDATE: H-1B TEMPORARY WORKERS.
7) IMMIGRATION LAW UPDATE: H-1B TEMPORARY WORKERS.
8) IMMIGRATION LAW UPDATE: FINAL INTERVIEW STAGE AFFECTS P.R.APPLICANTS
-------------------------------------------------------------------------------

1) IMMIGRATION LAW UPDATE: F-1 OFF-CAMPUS EMPLOYMENT


                   F-1 STUDENT EMPLOYMENT
                   ======================


BACKGROUND.  INS has been attempting to revise F-1 regulations
for more than a year.  First proposed regulations in July '90
to severely restrict authority of DSO's related to practical
training.  It would have required to obtain an EAD from INS
BEFORE starting work.  DSO's, NAFSA, and AILA flooded INS
with comments and INS shelved the proposed regulations.

     IMMACT90 gave us the "McDonald" amendment which would
allow students to work part-time off-campus for specific
employers.  Under this program employers must file an
attestation with DOL that they have recruited U.S. workers
unsuccessfully for 60 days and that they will pay the
prevailing wage.

     June '91 INS proposed regulations to implement article 221
of IMMACT90.  The final rule was delayed because of DOL's
failure to publish F-1 attestation rules.  INS published its
final F-1 rules October 29th, DOL published its interim final
F-1 attestation rules November 6th, both rules effective October
1st.

HIGHLIGHTS OF INS RULE
======================

General.  Old rule F-1 employment had 5 components:
-------
     on-campus part-time  (retained)

     off-campus for economic hardship  (deleted)

     curricular practical training  (retained)

     pre-completion practical training  (deleted)

     post-completion practical training  (severely restricted)

     "McDonald" off-campus added

On-Campus.  Virtually no change in the part-time on-campus
----------  employment authorization.  EAD NOT REQUIRED.

Off-Campus.  Article 221 created a 3 year pilot program
-----------  allowing students to work part-time off-campus
without showing economic hardship.

Student Eligibility:  F-1 student must have completed an
--------------------  academic year and maintain good standing.

Employer Eligibility:  Must attest to DOL that:
---------------------
     1.  recruited for 60 days for position;
     2.  will pay F-1 student and "other similarly situated
         workers" actual wage rate or prevailing wage whichever
         is greater; and
     3.  alien will not work more than 20 hrs a week during
         academic term (full-time vacation & breaks).

Student must take copy of LCA to DSO who will authorize work
on new Form I-538.  EAD NOT REQUIRED.  Valid up to a year and
renewable.

Curricular Practical Training.  Any type of internship that is
------------------------------  offered by employers through
cooperative agreements with a school.  Must be an integral
part of an established curriculum.  EAD REQUIRED.

Practical Training (Post-Completion).  Former regulations
-------------------------------------  allowed one year in
2 six-month increments.  New rule - single one year PT.
EAD REQUIRED.  Can apply up to 90 days before graduation or
completion of course of studies.  INS promised to expedite
EAD applications (HA!).

Extension of Stay and Reinstatement.  Under the proposed rule,
------------------------------------  failure to complete studies
within the period indicated on I-20 would have been considered
violation of status and would required an application for
reinstatement.  INS acquiesced and will allow DSO's to extend
student's status if DSO certifies that that student has
continually maintained status and that the delays were caused
by "compelling academic or medical reasons."

PROBLEMS.
=========
*    Students with economic hardship face even more barriers
     b/c they must compete w/other "McDonald" students for
     jobs.

*    Curricular practical training is much more limited than
     the old pre-completion practical training.

*    A single one year post-completion practical training is
     much less flexible


HIGHLIGHTS OF DOL RULE
======================
     Employers must attest to DOL that
     1)  recruited for 60 days for each position
     2)  will pay F-1 student and "other similarly situated
         workers" actual wage rate or prevailing wage whichever
         is greater and,
     3)  alien will not work more than 20 hrs a week during
         academic term (full-time vacations & breaks).

     Can file for one or more positions in one or more occupations
in same labor area.  Each is valid until September 30, 1994.
Employer can hire as many students as needed during that time
provided either continuous recruitment or within 90 days of
60-day effort.

     Form ETA-9034 must be filed with DOL regional ETA office
within 60 days of 60-day recruitment period.  Can be filed
simultaneously w/DOL & DSO.  On receipt DSO can authorize
employment but employer must submit proof of DOL acceptance
w/in 15 days to DSO or employment authorization terminates.

Recruitment.  Must have JO on file with local SESA (TEC in Texas)
------------  for 60 days, post a notice of the JO at place of
employment for 60 days.  Can hire F-1 students for 90 days
after the last day of that recruitment effort.  To hire
students AFTER 90 days, employer must EITHER maintain an
"open JO" for the positions with SESA, OR do a new 60-day
effort with SESA.

Evidence.  Employers must be able to produce evidence to
---------  substantiate unsuccessful recruitment efforts.
This would be "contemporaneous written summary of the results
of recruitment for each position" which should include the
"lawful job-related reason" why each U.S. worker was
rejected.

Wages.  Must pay students and other similar workers the
------  higher of
        1)  actual wage at the work site or
        2)  local prevailing wage as determined through
            (1)  Davis-Bacon/McNamara-O'Hara Acts;
            (2)  wage set by collective bargaining agreement; or,
            (3)  wage determination issued by the SESA or an
                 independent authoritative source.
DOL will not contest SESA prevailing wage determination.
Prevailing wage determinations must be updated annually.

Documentation, Enforcement & Penalties.  Employers are
---------------------------------------  effectively required
to have all necessary supporting documentation prior to
filing LCA and to maintain it for 18 months after end of
last recruitment period or last wage determination.  LCA's
are public documents.

     Enforcement is complaint driven.  Any aggrieved person
can challenge an LCA and DOL's Wage & Hour Division will
decide whether reasonable cause to investigate.  If
attestation deemed materially false or failure to pay
appropriate wages, emplyer barred from participation in
article 221 pilot program.


NOTE:  PLEASE NOTE THAT F-1 STUDENT OFF-CAMPUS EMPLOYMENT
IS DIFFERENT FROM PRACTICAL TRAINING IN TERMS OF REGULATIONS
AND RESTRICTIONS.  THERE IS ANOTHER POSTING "IMMIGRATION
LAW :  PRACTICAL TRAINING" WHICH DEALS WITH THE REGULATIONS
REGARDING PRACTICAL TRAINING.

SOURCE OF INFO.
     The source of above info. regarding F-1 employment is a handout
that I received at an immigration seminar on Nov. 18, 91.  These
handouts were published and distributed by the following:

CRAIG E. MILEY
Of Counsel:  EUGENIO CAZORLA
(214) 692-8800
Fax  (214) 696-3346

MILEY & ASSOCIATES, P.C.
Attorneys & Counselors At Law
All Board Certified Immigration & Nationality Law
Texas Board of Legal Specialization
-----------------------------------------------------------------------------

2) IMMIGRATION LAW UPDATE: F-1 ON-CAMPUS EMPLOYMENT

       ON-CAMPUS EMPLOYMENT LIMITED TO 20 HOURS PER WEEK
       =================================================

     Students are still limited to working no more than 20 hours a
week on-campus during regular semesters, full-time during vacation
periods.  The definition of "on-campus" has expanded to include
off-campus locations that are educationally affiliated with the
established curriculum.  INS requires that employment pursuant to
a contract-based educational affiliation be an integral part of
the student's educational program and be commensurate with the
level of study.

     There will be continued on-campus employment during summer
vacation for transfer students or graduating students who are in
transition between two degree programs.  The INS added that a
student who has been issued an I-20 AB to begin a new program
and who intends to enroll for the next regular academic year,
term or session at the institution which issued the Form I-20 AB
may continue on-campus employment incident to status.  Otherwise,
an F-1 student may not engage in on-campus employment after
completing a course of study, except employment for periods of
authorized practical training.


NOTE:  THE ABOVE INFORMAITON IS EXTRACTED FROM A NEWSLETTER
PUBLISHED BY THE INTERNATIONAL STUDENT SCHOLAR OFFICE HERE AT
UNIVERSITY OF NORTH TEXAS.
------------------------------------------------------------------------------

3)  IMMIGRATION LAW UPDATE: EXTENSION OF STAY PROCEDURE CHANGES


            EXTENSION OF STAY PROCEDURE CHANGES
            ===================================

     The final ruling of the Immigration Act of 1990 makes some
major changes to F-1 Extension of Stay procedures.

     Under previous regulations, if the student had been working
full-time towards a degree, but had not completed it by the date
specified on the I-20, there was a complex system of determining
a "grace period" in which to complete the studies.

     The new regulations allow for an across-the-board grace period
of one year for students entering after October 1, 1991.  This
additional time period will be included and notated on the I-20.
Any F-1 student who does not complete the degree by the date
specified on the I-20 must apply for an Extension of Stay.  This
must be done within thirty (30) days of the completion date on the
I-20 form.

     An Extension may be granted if the student can prove that he/she
has continually maintained status and that the delays are caused by
compelling academic or medical reasons.  Such reasons may include:
changes of major or research topics, unexpected research problems, or
documented illnesses.  In each case, the documentation must be
specific and official (i.e. supporting letters from academic advisor
or Department Chair).

     DELAYS CAUSED BY ACADEMIC PROBATION OR SUSPENSION ARE NOT
ACCEPTABLE REASONS FOR PROGRAM EXTENSION.  Any student restricted
from taking upper level courses due to probation must still enroll
in a full course of study.  Academic advisors can help students
choose to repeat courses, select major field courses, or find
general university courses with which to fill a schedule.  Any
student suspended from his/her university must enroll at another
institution.  An appointment with an Academic Advisor can ensure
that the time and money you spend at the alternate school will
apply towards your university program.  A suspended student
may also choose to return home for the period of suspension.

     Any student who fails to complete the program by the time
period specified on the I-20 and who is ineligible to apply for
extension is considered out of status.  Under these circumstances,
the student must apply for Reinstatement.

     The current regulations eliminate the need for students to
file for Extension of Stay after an 8-year presence in the U.S.

     All F-1 students currently in the United States are affected by
these new regulations.

NOTE:  THIS ARTICLE IS AN EXTRACT FROM A NEWSLETTER PUBLISHED BY THE
INTERNATIONAL STUDENT SCHOLAR OFFICE HERE AT UNIVERSITY OF NORTH TEXAS.
------------------------------------------------------------------------------

4) IMMIGRATION LAW UPDATE: J-2 WORKING AUTHORIZATIONS


           FINAL RULING FOR J-2 WORKING AUTHORIZATIONS
           ===========================================

     The final rule for J-2 work authorizations was published in the
22 July 1991 issue of the "Federal Register", and although some
procedures were defined, it did not answer the question of whether
or not the EAD is required or whether the applicant must apply for
EAD in person.

     In practice, INS (Dallas District Office of INS) prefers
applicants to submit their applications by mail.  INS will notify
the applicants when to appear in person to have their photograph
and fingerprint taken for the EAD.  The I-765 application ($60 fee)
and their supporting documents are submitted to the INS District
Diretor having jurisdiction over the J-1 principle's place of
temporary residence.  INS will grant work authorization for the
duration of the J-1 principle's authorized stay as indicated on
the I-94 or for a period of 4 years -- whichever is shorter.
Additional periods are possible if the J-1 principal has been
granted an extension of the program of study or J related
employment.


NOTE:  THE ABOVE INFORMATION WAS EXTRACTED FROM A NEWSLETTER
DISTRIBUTED BY THE INTERNATIONAL STUDENT SCHOLAR OFFICE HERE
AT UNIVERSITY OF NORTH TEXAS.
------------------------------------------------------------------------------

5) IMMIGRATION LAW UPDATE: PRACTICAL TRAINING


                     PRACTICAL TRAINING
                     ==================


PRIOR TO COMPLETION OF STUDIES
     Practical training prior to completion of studies has been eliminated
under the proposed F-1 rules EXCEPT for curricular programs that are
specifically defined as "an integral part of an established curriculum,
such as alternate work/study, internship, or cooperative education."
including non-credit internships or practicums.
     International Student Advisers have been delegated by the
Immigration and Naturalization Service (INS) to authorize curricular
practical training for a specific employer and students will not be
required to apply for the Employment Authorization Document (EAD).
Students engaging in curricular practical training for one year or more
WILL NOT be eligible for practical training upon the completion of their
studies.  Any student electing to engage in curricuular practical
training must have been in status for nine months, although an
exception is made for graduate study programs which require immediate
practical training.  Employment may not commence until approved by the
International Student Office (at the university).
     INS has not published the I-538 forms that are under revision, or
instructions on the procedures to follow during the interim transitional
period. (AS OF NOVEMBER 1991)

AFTER COMPLETION OF STUDIES
     Practical training after completion of studies has undergone a
number of changes.  Temporary employment, which must be directly rleated
to the student's academic field of study, is available to students
who have been enrolled for at least nine consecutive months as an
F-1 student.  Only the immigration service, and not the International
Student office (at the university), may grant this form of practical
training; however, the International Student office muust recommend
the practical training by endorsing the I-20ID.  Immigration will grant
the practical training for one year period (12 months) and the student
must complete the practical training within a 14-month period following
graduation.  Students will no longer need to prove that similar training
is not available in their home country, only that it is "commensurate
with the student's educational level and related to the field of study."
Verification that the student has filed for graduation or is expected
to graduate will be requested.  After receiving the recommendation of
the International Stuudent Advisor, students will be required to apply
to INS for the Employment Authorization Document (Form I-765 @$60)
before beginning employment, but they would not be required to have
an offer of employment.  Application for EAD may be made within a
120 day time frame -- ninety days before graduation or 30 days after --
and will require personal appearance at the immigration office having
jurisdiction over the student's place of residence.  An appointment
will be scheduuled by the INS upon approval of the EAD.  If the
application is denied, there is no appeal.

SPECIAL NOTE:
     Students who have previously been granted the first period
of practical training under the old rules, and who intend to extend
their employment for the 12 month period, will be required to apply
for the EAD under the new regulations.  Students who chose prior to
October 1 (1991) to divide their practical training between academic
programs will need to apply to INS as well.  Under the new rules,
students will not be able to split the time periods.  There has been
no change in the availability of practical training after completion
of studies.  It is authorized for one time only during the duration
of student status.

     In addition, students retuurning from a temporary absence
outside the United states to resume authorized post-completion
practical training will be required to present for re-entry the
EAD and the I-20ID endorsed within the last six months by the
International Student office.
------------------------------------------------------------------------------

6) IMMIGRATION LAW UPDATE: H-1B TEMPORARY WORKERS

                        H-1B TEMPORARY WORKERS
                        ======================

                         General information


     The H-1B temporary worker category provides a quick and relatively
painless process for employers to meet staffing requirements by providing
employment authorization for qualified workers who are temporarily in the
U.S. as nonimmigrant aliens.  The process for obtaining temporary H-1B
status for an alien worker requires minimal time and information from the
employer.

     This nonimmigrant category provides many benefits for employers.
Although the need for a particular position may be permanent, the offer of
employment to the alien must be temporary, not exceeding three years initially
with an extension available for an additional three years.  The employment
authorization from the Immigration Service is employer specific.  This means
that the individual worker will be authorized to work only for the
petitioning employer and for no other.  The temporary offer of employment
is not contractual.  It merely contemplates employment subject to the
normal terms of employment for all employees similarly situated.  This
includes required satisfactory performance, compliance with company
regulations, policies, and procedures, and is subject to conditions in the
marketplace which would yield a continued volume requiring the special
services of the beneficiary.  The offer does not guarantee any period of
employment.  ere are preceding terms and conditions as well that the
employment relationship is at will and can be terminated by either party at
any time for any reason.

Qualification.  The H-1B category is for aliens coming temporarily to the
--------------  United States to perform Services in a specialty occupation
and who meet the qualifications to perform services in the specialty
occupation.  For these purposes, a specialty occupation is one which
requires a theoritical and practical application of a body of highly
specialized knowledge and attainment of a bachelor's or higher degree in
the specific specialty (or its equivalent) as a minimum for entry into the
occupation in the United States.  As a rule of thumb, this means the
occupation must normally require an individual who has a bachelors degree
in a specialized area of studies.

Procedure.  The H-1B procedure consists of several small steps.  First, a
----------  prevailing wage determination is made, generally from the state
employment security agency or other independent authoritative source.  Next,
a Labor Condition Application is filed with the Department of Labor
attesting to payment of the prevailing wage, no adverse impact on similarly
situated workers, no labor dispute in effect, and notice filed with
bargaining representatives (if appropriate) and posted conspicuously on
site.  Finally, the Petition for Temporary Worker is filed with the
Immigration and Naturalization Service.  This entire process can be completed
in a matter of weeks.


NOTE:  THE ABOVE INFORMATION HAS BEEN EXTRACTED FROM A HANDOUT
       DISTRIBUTED BY:

CRAIG E. MILEY
Of Counsel:  EUGENIO CAZORLA
(214) 692-8800
FAX (214) 696-3346

MILEY & ASSOCIATES, P.C.
Attorneys & Counselors At Law
All Board Certified Immigration & Nationality Law
Texas Board of Legal Specialization.

==============================================================================
NOTE:  THE FOLLOWING INFORMATION HAS BEEN EXTRACTED FROM A NEWSLETTER
       THAT I RECEIVED FROM THE INTERNATIONAL STUDENT OFFICE HERE AT
       UNIVERSITY OF NORTH TEXAS.


CHANGES FOR H-1B TEMPORARY WORKERS & EMPLOYMENT BASED IMMIGRANTS
================================================================

     As you are aware, major portions of IMMACT90 went into effect
October 1, 1991.  What is IMMACT90?  This is the newest immigration
legislation and incorporates the most extensive changes since the
1986 "amnesty" legislation.  One purported goal of this legislation
was to liberalize immigration benefits for workers.  The results,
however, are mixed.

H-1B.  The H-1B classification has been the "professional" visa
-----  for temporary workers with college degrees who were being
offered full-time positions in the U.S.  It was not difficult to
obtain this visa status as long as the individual possessed a
bachelor's degree in an area of specialized studies and an
appropriate job offer.  We will remember these as the
"good old days."

     IMMACT90 changes the definition of H-1B to now cover
"specialty occupations" with a new processing twist.  The employer
must first file a Labor Condition Application (LCA) with the
Department of Labor attesting to payment of the prevailing
wage, no adverse impact on similarly situated workers, no labor
dispute in effect, and notice filed with bargaining representatives
(if appropriate) and posted conspicuously on site.  The employer must
also guarantee the travel expense for the alien's return to their
home country.  These new rules are seen as onerous and burdensome.
It is feared that many employers may not be willing to risk the
potential liability which may result from filing an LCA.

     These new LCA rules became effective October 1, 1991 based upon
an interim final rule published by DOL October 22nd and affect all
new H-1B's and all H-1B extensions.  Because these are interim
rules, the Immigration Service will accept, but not adjudicate,
petitions and applications for new H-1B or extensions until the
final rules are published.  How and when these issues will be
resolved is not known.

EMPLOYMENT BASED IMMIGRATION.  IMMACT90 has dramatically changed
-----------------------------  permanent immigration to the U.S.
based on offers of permanent employment.  Previously there were
two categories 3rd preference (professionals) and 6th preference
(skilled and unskilled workers).  Today there are several categories
for employment based immigration.

Priority workers (EB-1) 40,000 visas -
------------------------------------
                                NO LABOR CERTIFICATION REQUIRED.

*    Aliens with extraordinary ability (sustained national or
     international acclaim and achievements recognized
     such as with Nobel Prize or Academy award)

*    Outstanding professors and researchers (internationally
     recognized with 3 years experience in teaching or research
     and in a tenured or tenure-track position)

*    Certain multinational executives & managers (executives
     and managers of multinational businesses)

Advanced Professional & Exceptional (EB-2) 40,000 visas -
-------------------------------------------------------
                       LABOR CERTIFICATION REQUIREMENT MAY BE WAIVED.

*    Members of the professions with advanced degrees

*    Aliens of exceptional ability

Skilled Workers (EB-3 & EB-W) 40,000 visas -
------------------------------------------
                       LABOR CERTIFICATION REQUIRED.

*    Professionals (similar to old 3rd preference)

*    Skilled workers (requires at least 2 years experience or
     training after high school)

*    Other workers (less than 2 years training or experience)


     There are a total of 120,000 visas available annually for these
categories, with no more than 10,000 for Other Workers.  This compares
with the 54,000 available for the old 3rd and 6th preference.  This
massive increase in visa availability should make immigration to the
U.S. based on an offer of full time permanent employment faster
for everyone except the Other Workers for whom the wait will probably
exceed six years.

     Many universities and scholars are pleased to see the labor
certification requirement waived for Priority Workers.  Unfortunately,
it appears eligibility for this category will be severely limited
by restrictive regulations.  For that reason, most professors and
researchers will end up qualifying as Professionals with Advanced
Degrees or as Professionals.  In this event, the labor certification
will be required in nearly every case.

     Because of the comprehensive changes made by IMMACT90, many
of the new regulations and new forms required are not yet in place.
There are probably more questions than answers about implementation
of the new laws and procedures.  One day soon things may all fall
into place.

===============================================================================

7) IMMIGRATION LAW UPDATE: PERMANENT LABOR CERTIFICATION


                    PERMANENT LABOR CERTIFICATION
                    =============================


(Information regarding the process of obtaining lawful permanent residence
in the United States based upon an offer of full time permanent employment).

     There are several avenues through which an individual can become a
lawful permanent resident of the U.S.  Lawful permanent residence is
often referred to as immigrant or "green card" status.  One such
avenue is based upon an offer of full time permanent employment and
a labor certification issued by the U.S. Department of Labor.  The labor
certification is merely a statement by the Department of Labor that
employment of the alien will not adversely affect U.S. workers similarly
employed.

     We begin the process by filing an Application for Alien Employment
Certification with the state employment security agency which will open
a job order for a period of thirty days.  (The employer does this).
During that time it will be necessary to advertise the job opportunity
for thirty days in a newspaper of general circulation.  It is also
necessary to document that a notice of filing was provided to the
bargaining representatives (if any) and, if no such representative
exists, to employees by posted notice for at least 10 consecutive days.

     The advertisement will refer applicants to the local employment
commission (it cannot include the employer's name).  During the
recruitment period the employer must accept applications and interview
all applicants who are even marginally qualified.  This process is
necessary to document the employer's good faith efforts to recruit a
U.S. worker and that employment of the alien beneficiary will not have
an adverse effect of U.S. workers similarly employed.

     This means we must establish there are no U.S. workers who are
willing, available, able, and qualified to perform the duties at the
prevailing wage rate.  A common response at this point is that
"There must be plenty of U.S. workers and this must be impossible."
Although there may be many qualified U.S. workers, most are currently
employed elsewhere.  Others are either unavailable or unwilling to
accept your job opportunity.  Still others may not see or respond
to your recruitment efforts.

     Usually, an immigration attorney acts as an agent (between both
the employer and the beneficiary) to deal directly with the local
employment commission, the U.S. Department of Labor, the newspaper,
ant the Immigration and Naturalization Service.  But, it is really
important that the employer must be willing to accept applications,
interview applicants, and keep accurate notes regarding any
telephone conversations or personal interviews with applicants.
Any questions during this portion of the processing, should be
directed towards the attorney, rather than any of the agencies.

     In many instances, the alien may already be employed when this
process is begun.  If this is the case, the employer should be aware
of two very important things.  First, a common question asked by
employers is "How can I justify advertising this job when I already
have someone working in it?"  The answer will be clear when you
realize a very important distinction regarding the alien's status
and the type of employment authorization.  If the individual working
in the position is not a U.S. citizen or lawful permanent resident
of the U.S., the position is being filled only on a temporary
basis by a temporary nonimmigrant.  One common situation is where
the alien has been authorized to be employed for a temporary period
of three years under H-1B status.  Thus, although the employer may
have a permanent need, the alien worker is presently filling the
position only on a temporary basis.  The job opportunity and
offer for the labor certification and permanent residence is for
PERMANENT employment.  Therefore, it is necessary to advertise
in an effort to find a worker who can fill the position on a
permanent basis.

     Second, if the alien is not authorized to be employed in the
U.S. and was hired after November 6, 1986, the employer could be
subject to civil penalties or, in aggravated cases, criminal
penalties.  The documents and information submitted which
we will submit to the U.S. Department of Labor and U.S. Department
of Justice, Immigration and Naturalization Service, will clearly
establish both the date of hire and the alien's authorization
(or lack thereof) for employment in the U.S. when hired.  Also,
under present policies of the U.S. Department of Labor and U.S.
Department of Justicej(INS), when the application for Labor
certification is filed, the Immigration Service may come out
to arrest an illegal alien worker to place them in deportation
proceedings.

     The labor certification process may take from 4 to 8 months.
However, this is only the first step in a three step process.
Neither the employer nor the alien worker receive any immigration
benefit until the completion of the final step.  Obtaining the
labor certification does not authorize the alien to remain in the
U.S. or to be employed.  It is merely a required document for
the second step -- filing a Petition for Prospective Alien Employee
with the U.S. Immigration and Naturalization Service to classify
the alien as a member of one of the several employment based
categories.  The third and final step will be the alien's actual
application for permanent residence filed with the U.S.
Immigration Service or for a permanent resident visa filed
at a U.S. Embassy abroad, as appropriate.

-----------------------------------------------------------------------------

8)  IMMIGRATION LAW UPDATE: FINAL INTERVIEW STAGE AFFECTS P.R.APPLICANTS


    FINAL INTERVIEW STAGE AFFECTS PERMANENT RESIDENT APPLICANTS
    ===========================================================

     From the pages of THE COMPASS, a publication of the law firm of
Samuel Tidwell and Associates, comes a discussion on new policies set
by the Immigration Service and the State Department that may
adversely affect some applications for permanent residency at the
final interview stage.  Whether or not the application for residency
was filed through a relative petition or through an employer,
individuals are being denied residency based upon allegations of
"fraud" dating from an individual's initial entry into the
United States.  Two examples illustrate this point:
1)  an individual who entered on a visitor's visa and overstayed the
    authorized period; and
2)  an individual who applied for a change of status (most commonly
    B-1 to F-1) within 30 days of entry.
In addition, there is the presumption that "fraud" is a factor when
the above request is made within 60 days.

     At the final interview, the American Consulate or the Immigration
Service will be reviewing an individual's visa and status history in
three specific areas prior to granting the immigrant visa.  First,
there will be a review of the initial application and initial
intentions.  This will be followed by a review of any activity within
the 30 or 60 day period after entry.  Completion of the historical
review will conclude with a determination of an individual's
maintenance of lawful status from the very first entry.  Recently,
adjustment of status in the United States was denied for some
individuals who did not maintain a full course of study -- just for
one semester!  Reentry or the reclassification to H-1B did not make
any difference.  For those students interested in obtaining permanent
residency these new policies illustrate the importance of maintaining
status from day one, as well as establishing that an individual has
met his/her "obligations to the government" -- paid appropriate
taxes!  You may want to seek legal counsel if you have questions.


     NOTE:  THIS IS AN EXTRACT FROM A NEWSLETTER PUBLISHED BY INTERNATIONAL
STUDENT SCHOLAR OFFICE HERE AT UNIVERSITY OF NORTH TEXAS. ALL THIS IS JUST FOR
GENERAL INFORMATION ONLY. DO NOT RELY TOTALLY ON THE CONTENTS OF THIS ARTICLE. L
   AWS
AND REGULATIONS CHANGE BY TIME.

||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||

-- 
---------------------------------------------------------------------------
 Ricardo Stella                                 stella@gandalf.rutgers.edu
 RUCS-US Manager - IML-SERC                     stella@remus.rutgers.edu
 Hill 118 - (908)932-2491        ...suave...    Rutgers University, NJ