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 [May 15, 2005]

?nbsp; that the additional 20,000 numbers for H-1B visas to be released for 2005 are only for advanced degree holders from American universities?

?nbsp; that qualified applicants can file now but can start employment only“as of October 2005?

?nbsp; that employers seeking to hire H-1B professional who DO NOT hold an advanced U.S. degree may immediately file for an October 1, 2005 start date but can draw only from the 65,000 and not from the additional numbers?

                                                        

?nbsp; that the Real ID Act proposed in Congress is harmful to the country and to immigrants?

?nbsp; that if passed this bill would prevent people fleeing persecution from obtaining relief, make our highways more dangerous and undermine our security, impose guilt by association, restrict judicial review for the first time since the Civil War, barring the court doors to immigrants, waive all laws related to construction of fences at our borders, thereby granting unprecedented authority to a federal agency, and grant authority to bail bondsman that should be given only to agents of our government?

                                                        

?nbsp; that the Department of Homeland Security proposes to amend petitioning requirements for O and P nonimmigrant visas?

?nbsp; that in a proposed rule published on April 28, 2005, DHS amended the petitioning requirements for O and P nonimmigrant classifications, allowing an O or P petitioner to file a Form I-129 up to one year, but not earlier than 6 months, before the date of the petitioner’s need for the alien’s services?

                                                        

?nbsp; that labor certification applications filed prior to March 28, 2005 are not automatically converted or processed under PERM?

?nbsp; that a previously filed application will be processed under the PERM regulations only if the employer chooses to withdraw an earlier application and re-files the application for the potential job opportunity under the refilling provisions of PERM?

                                                        

?nbsp; that in January 2005, U.S. Magistrate Elizabeth D. Laporte issued a decision recognizing the right of refugees to sue the government for being mistreated by Federal officers and for being placed in harm’s way?

?nbsp; that U.S. law requires that immigrants who request asylum upon arrival at a U.S. port must be allowed to explain their fears to an asylum officer?


                                                        

?nbsp; about the visa category “Professionals Under the North American Free Trade Agreement (NAFTA)?

?nbsp; that a citizen of a NAFTA country may work in a professional occupation in the U.S. provided that all of the following conditions are met: (a) the profession is recognized under NAFTA, (b) the alien possesses the specific criteria for that profession, (c) that the prospective position requires someone in that professional capacity and (d) that the alien is going to work for a U.S. employer?


                                                        

?nbsp; that in order for a Canadian citizen to obtain a TN visa (NAFTA visa), he/she must specifically request “TN?status?

?nbsp; that he/she must provide proof of Canadian citizenship?

?nbsp; that he/she must provide a copy of his/her college degree and employment records, which establish qualification for the prospective job?

?nbsp; that he/she must provide a letter from the prospective U.S.-based employer offering him/her a job in the United States and that this job must be one which is included on the list of professions under NAFTA?

?nbsp; that he/she must pay a fee of US$50?

?nbsp; that Canadian citizens are not required to obtain a visa, but instead receive “TN? status with U.S. Citizenship and Immigration Services at the port of entry?

?nbsp; that the “TN?status will only be granted if the period of stay is temporary?

                                                        


?nbsp; that the U.S. Department of Justice recently issued operating policies and procedures setting forth procedures for judges to follow when issuing recusal orders?

?nbsp; that recusal is the process under which a judge may have an interest or may be unduly prejudiced and, therefore, remove himself or herself from the case?

?nbsp; that this obligation to recuse is not limited to those instances where a party make a motion to recuse a judge but also a burden on the judge to identify such circumstances on his own where recusal may be appropriate?

                                                        

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