For More

 Information Contact

Editors

Henry M. Burwell

(864) 250-2212

buzz.burwell@nelsonmullins.com

Carsten Alting

(404) 817-6137

carsten.alting@nelsonmullins.com

John C. McElwaine

(843) 720-4302

john.mcelwaine@nelsonmullins.com

Washington DC Office

George B. Wolfe

(202) 742-4564

Thomas F. Bardo
(202) 712-2817

Columbia Office

P. Mason Hogue

(803) 733-9417

Atlanta Office

* Carsten Alting

Rechtsanwalt

(404) 817-6137

June Towery

(404) 817-6597

Charlotte Office

Lawrence J. Scott

(704) 417-3108

Greenville Office

Henry M. Burwell

(864) 250-2212

John M. Campbell

(864) 250-2234

Walter H. Hinton, II

(864) 250-2285

Raleigh Office

Catharine W. Cummer

(919) 877-3805

Charleston Office

John B. Hagerty

(843) 720-4308

John C. McElwaine
(843) 720-4302
 

Newman Jackson Smith

(843) 720-4309

Winston-Salem Office

Denise M. Gunter

(336) 774-3322

Myrtle Beach Office

Thomas F. Moran

(843) 946-5652

Boston Office

William T. Hogan III

(617) 573-4701

www.nelsonmullins.com

*Admitted as an attorney in Germany

INTERNATIONAL BUSINESS AND TRADE

Dumping

Canada:

• The Canada Border Services Agency announced an investigation into alleged dumping of certain copper pipe fittings from the United States, Korea and China (23 ITR 919; 6/15/06)

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Bilateral Agreements

U.S.:

• An agreement has been signed with Rwanda respecting trade, intellectual property, labor, investment, environmental issues and participation of small and medium-sized enterprises under the agreement (23 ITR 922; 6/15/06)
   

• A bilateral market access agreement formerly signed with Vietnam to lower tariffs on manufactured goods imported from the U.S. to less than 15% has received pledges of cooperation for implementation on regulations regarding food shelf life and biotechnology (23 ITR 870; 6/8/06)
   

• A limited trade pact was signed with Switzerland to boost trade and investment between the two countries (23 ITR 830; 6/1/06)

Mexico:

• Mexico and Argentina have expanded their limited free trade framework to lower trade barriers to integrate Mexico into the Southern Common Market (MERCOSUR) (23 ITR 917; 6/15/06)

LEGISLATIVE AND LEGAL DEVELOPMENTS

Intellectual Property

India:

• The government adopted changes to its patent rules to simply the application process and add transparency prescribing timeframes and specific processes (23 ITR 804; 5/25/06)

Immigration

U.S.:

• S. 2691 exempts from the annual visa limit, any foreign student graduating from a U.S. university with a Master’s or Ph.D in essential fields and adds 50,000 visas to the H-1B visa cap, raising it from 65,000 to 115,000; exempts U.S. educated professionals with advanced degrees from the annual green card cap; extends L-1 visa status beyond the 5th or 7th year for applicants with a pending green card petition; allows “premium processing” for expedited adjudication of employment-based petitions and administrative appeals related to an employment-based immigrant petitions

Foreign Trade Zones

U.S.:

• Importers of cigarettes destined for domestic consumption are not exempt from state excise taxes and administrative searches by federal customs officials by virtue of storage in a foreign trade zone. U.S. v. 4,432 Master Cases of Cigarettes, 9th Cir., No. 04-55354, 6/2/06; 23 ITR 874; 6/8/06)

Trade

U.S.:

• A bipartisan group of U.S. Senators and House Members introduced a bill for Permanent Normal Trade Relations (PNTR) status for Vietnam (23 ITR 902; 6/15/06)

Export Finance

U.S.:

• The House Financial Services Committee approved the Exim Bank Reauthorization Act (HR 5068) (23 ITR 934; 6/22/06)

Adjustment Assistance

U.S.:

• The U.S. Court of International Trade had no jurisdiction to review the U.S. Labor Department’s determination on “secondarily–affected” worker benefits (Former Employees of Quality Fabricating Inc., v. Secretary of Labor, Fed. Cir., No. 05-1486, 5/24/06; 23 ITR 842; 6/1/06)

IMMIGRATION

Senate Passes Immigration Reform Bill (S. 2611) (83 IR June 5, 2006)

• The Senate bill is headed to a joint conference committee which contains border security and interior enforcement provisions, a temporary worker plan and path to legalization for certain undocumented immigrants

• The House bill (HR 4437) and S. 2611 are similar in their provisions on border security

• Provisions in both bills allow for lengthening permissible detention time of apprehended persons; mandatory detention of persons apprehended trying to enter the U.S. unlawfully; expansion of the definition of “aggravated felony” to include employers knowingly hiring at least ten smuggled foreign nationals

• Employers who knowingly or with reckless disregard for status, hire, recruit or continue the employment of unauthorized persons shall be liable; employers must attest they have reasonably verified the identity and eligibility for work of each new hire by verifying appropriate documents

• A temporary worker program is established for an H-2C temporary worker visa issued for person coming to the U.S. to perform labor or services after the U.S. employer attests it cannot hire U.S. workers willing and able to perform such services

• The program is limited to 200,000 visas per year, and allows persons eligible to petition for lawful permanent residence with the employer’s petition or self-petition for status within 4 years provided employers attest the workers will not adversely affect wages and working conditions of other U.S. workers

• Visa backlogs will be reduced by reclaiming unused visas for family-sponsored categories since fiscal year 2001

• Persons with advanced degrees in science, technology, engineering or math who have worked in related field in the U.S. during the 3-year period before the application for adjustment are exempted from the numerical cap on employment-based visas

• Undocumented immigrants in the U.S. as of April 5, 2001 who (i) had worked at least 3 of the past 5 years would be eligible for lawful permanent residence after working an additional 6 years, (ii) have paid all federal and state income taxes, demonstrate a minimum understanding of English and U.S. history and government, (iii) pass security and criminal background checks, and are otherwise admissible under the immigration law

• Undocumented immigrants present in the U.S. after April 5, 2001 through January 7, 2004 who are still in the U.S. must depart but may apply for the new H-2C visa and for deferred mandatory departure (or waiver)

H-1B Specialty Occupation Visa Quota Reached May 26, 2006 Before October 1, 2006 Fiscal Year 2007 Begins

• USCIS announced June 1, 2006 that the visa cap for the fiscal year 2007 was reached on May 26, 2006 thereby fully absorbing the 65,000 visa quota several months before the fiscal year began

• Initial H-1B visa classification for specialty occupations are expected to become available on October 1, 2007 with filing to begin April 1, 2007

Immigration and Custom Enforcement (ICE) Programs

ICE Programs now include:

• Operation Community Shield - to dismantle organizations

• Worksite Enforcement Initiative - to investigate employers and target illegal workers at critical infrastructure worksites

• Identity and Benefit Fraud Program – identify fraudulent immigration benefit applications and document manufacture

• Project Shield America Initiative – to investigate illegal exports of U.S. munitions and sensitive technology

• Human Smuggling Trafficking Initiative – to combat criminal organizations that smuggle and traffic in human beings

• National Fugitive Operations Program – to ensure every deported person ordered removed from the United States departs as quickly as possible and to reduce the number of fugitive foreign nationals in the United States (11 IB 602; June 1, 2006)

USCIS Guidance on H-1B Master’s or Higher Degree

• To meet the cap exemption requirement, the Master’s degree must be one for which a Bachelor’s degree in any field is required

• The Master’s degree must be issued from a U.S. institution of higher education as defined in Section 101(a) of the Higher Education Act of 1965 (83 IR 966; May 15, 2006)

Employment Authorization Regulations to be Amended (8 CFR 274a.1; 274a.2; 83 IR 1205, June 19, 2006)

• Adds new examples of unauthorized employment

• Describes reasonable steps taken to indicate absence of constructive knowledge or unauthorized employment

• Describes new electronic employment verification procedure

• Establishes employment eligibility verification procedures must be uniformly applied to all employees

• Compliance establishes “safe harbor” from “constructive knowledge” of violation

Permanent Offer of Employment for Outstanding Professors and Researchers (83 IR 1168; June 12, 2006)

• USCIS published a memorandum (Aytes/HQDO/June 6, 2006 revision to AFM Chapter 22.2) (c)(2)(B) providing guidance on applying the definition of “permanent employment” as set forth in 8 CFR 204.5(1)(2) on adjudication of EB-1 petitions on behalf of outstanding researchers

PROTECTION AGAINST TERRORISM

Legislation

Port Security:

• The House Bill HR 4954 has been approved to require the government to install radiation-screening devices at major US ports by the end of 2007 and that 98% of containers located at US ports are screened for radioactive material. The Senate approved a companion bill (S. 2459) requiring that U.S. bound cargo containers be scanned overseas (23 ITR 896; 6/15/06)

Sources: IR - Interpreter Releases, Federal Publications, Inc.; ITR - International Trade Reporter, Bureau of National Affairs, Inc.; IB-Bender’s Immigration Bulletin; ILT - Immigration Law Today, American Immigration Lawyers Association Monthly Journal; IL - International Lawyer, SMU School of Law; FT- Financial Times; KTF - Korea Trade Focus Monthly Newsletter (Korea International Trade Association) TE - The Economist Magazine; GATM - German American Trade Magazine published by the German American Chamber of Commerce; MAPI - Manufacturers Alliance Legal Analysis and Regulations; WSJ - Wall Street Journal; ILN/ABA-International Law News, American Bar Association; TMIJ-Tax Management International Journal, Bureau of National Affairs, Inc.; AILA - American Immigration Lawyer’s Association
 

International Law Bulletin is an international legal news digest published monthly as a service to Nelson Mullins’ clients and friends.  The articles are summaries of particular developments in the law and are not intended to be a solicitation or to render legal advice. This publication can be considered advertising under applicable laws.  Copyright 2006

Nelson Mullins Riley & Scarborough, L.L.P.

has offices located in

Charleston, Columbia, Greenville, and Myrtle Beach, South Carolina; Atlanta, Georgia

Raleigh, Winston-Salem, Charlotte, North Carolina; Boston, Massachusetts; Washington DC

          1-800-237-2000                                         www.nelsonmullins.com