Many substantive issues of interest arose in a recent conversation between INS General Counsel Bo Cooper and AILA General Counsel Daryl Buffenstein, including:
1. H-1B Count. In follow-up to a letter sent by Mr. Buffenstein, Mr. Cooper indicated that the decision-making process behind the INS’ review of its H-1B counting problems involves a number of INS offices, and thus he is unable to comment on the topic at this time.
2. EB-2 Memo. In response to an inquiry about the long-anticipated memo regarding standards for EB-2 master’s degree equivalencies, Mr. Cooper indicated that the memo is not quite ready for release, due to internal INS discussions regarding how the document should be presented. Mr. Cooper noted that the issue is not one of substance but of presentation, and that he agrees with AILA’s position on this issue. A meeting within INS is set to resolve these internal issues. Mr. Cooper expects to have more concrete information regarding timing in approximately two weeks.
3. San Antonio Raid. The General Counsel’s office is now participating in an extensive internal review of the circumstances and INS handling of the recent worksite enforcement action in which a substantial number of persons holding H-1B status were detained for possible removal. Mr. Cooper expects that several key issues in this matter will be resolved in the next few days.
4. Section 222(g). The long-awaited memo regarding lawful presence if a nonimmigrant leaves the U.S. while an extension or change of status request is pending is very close to issuance. Mr. Cooper indicated that his view of the issue is in accord with the AILA’s interpretation.
5. Extending H, L or E Status after Advance Parole travel. AILA had believed that this issue had been resolved in the last General Counsel liaison meeting, when Mr. Cooper affirmed that the August 7, 1997 Paul Virtue memo is still in effect. However, it was recently discovered through INS Benefits liaison that the INS Adjudications section still takes the position that, while H, L and E nonimmigrants can resume employment under their nonimmigrant status after returning under an advance parole, they cannot extend those statuses. Mr. Cooper agreed to review the issue with Adjudications.
6. CSC Re-invention of “Specialty Occupation” Definition. Mr. Cooper was advised of recent novel interpretations of “specialty occupation” emerging from the California Service Center. He agreed to review the issue as part of liaison between his office and the AILA General Counsel Liaison Committee.