February 2003

INS Assures Immigrants of Smooth Transition to Department of Homeland Security

On March 1, 2003 the INS will transition into the Department of Homeland Security. Acting INS Commissioner Michael Garcia said this about the change: “Yes, the INS technically ceases to exist at the end of this month, but we are committed to making this transition as seamless and smooth as possible for those we serve.”

Filing Fees Return to Pre-1/24 Levels

An INS interim rule, published in the Fed. Reg. on 2/27/03, readjusts the agency's fee schedule to restore surcharges used for asylum and refugee services, fee exemptions and fee waivers. The surcharges were deleted in a 1/24/03 rule, in accordance with § 457 of the Homeland Security Act, but that provision has now been repealed.

The Fees can be found on INS Forms, Fees, and Filing Locations Chart link on the right hand side of our website.

DOL Says Sun Microsystems Failed To Comply With LCA Posting Requirement But Assesses No Civil Penalty In H-1B Matter

In the Matter of Santiglia v. Sun Microsystems, No. 2003-LCA-2 (OALJ, Feb. 19, 2003), the Office of Administrative Law Judges said that Employer failed to comply with the LCA posting requirements by failing to post two copies of the LCA at the actual worksite the H-1B workers would be working at. The court also said that the violation was not substantial or willful and assessed no civil money penalty.

President Signs Omnibus Budget Bill, Including Reversal of Fee Change

On February 20, 2003, the President signed the omnibus budget bill, which includes funding for NSEERS and deletes the provision of law that had caused the INS to change its filing fees on January 24. The filing fees are therefore expected to revert to the prior fees, but it appears that a Federal Register notice will be needed to institute this reversion of the fees.

Attorney Mira Mdivani to speak at Cambio de Colores Conference in Kansas City

Join Mira at 4:00 PM on March 12, 2003 at the University of Missouri-Kansas City for a presentation and discussion on immigration status of the Hispanic population of Kansas City.