Volume 9, Number 7                In Memoriam of the Victims of Terrorist Attacks               July 2003

 

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INTERNATIONAL AGREEMENTS AND INVESTMENTS

 

Bilateral Agreements

U.S.:

  • The U.S.-Chile Free Trade Agreement Implementation Act (HR 2738) and the U.S.-Singapore Free Trade Agreement Implementation Act (HR 2739) were introduced into the House for consideration under the “fast track law” (20 ITR 1215; 7/17/03). 

Foreign Direct Investment

U.S.:

  •  Foreign direct investment into the world’s most industrialized economies fell 20% in 2002 and projections for the global economy are for an additional decrease of 25 to 30% in 2003 (20 ITR 1126; 7/3/03).

  

IMMIGRATION

 

National Interest Waiver

  • A research scientist in the field of dairy nutrition was awarded a national interest waiver for contributions to the development of lactating dairy cow feed methods reversing the adverse decision of the Nebraska Service Center Director who had denied the petition on the grounds that petitioner lacked original contributions, publications and presentations or research work (8 IB 1128; July 1, 2003).

Alleged H-1B Violations By An Employer

  • A former employee alleged her employer failed to pay its H-1B workers the prevailing wage and fringe benefits and had retaliated against her for filing a complaint about violations of the H-1B regulations.  The investigator found no violations as alleged which had included (1) being forced to work outside the job classification, (2) making material misrepresentations on the labor conditions application, (3) being paid below the prevailing wage, (4) being denied similar benefits afforded other American workers, (5) using wage rates which were not legitimate, (6) engaging in discriminatory retaliation, (7) failing to post a new position for which it hired a new H-1B immigrant, displacement of American workers (Ramachandran v. Blue Star Infotech, 8 IB 1128; July 1, 2003).

Labor Certification Fails for Lack of Documented Experience in the Original Record

  • Certifying Officer noted the original record submitted with foreign national application for labor certification failed to document his experience in leatherworking before coming to the United States notwithstanding the rebuttal placed in the appeal record by counsel thereby resulting in the unfavorable determination by the U.S. Department of Labor (Matter of Code Azure, Inc., 2002-INA-196 (BALCA, May 20, 2003) (80 IR 873; 6/30/03).

Employer’s Recruitment Efforts Insufficient for Failing to Document Alleged Contacts with U.S. Applicants

  • An employer was refused certification for a position of welder-assembler on the grounds that two telephone calls with voice mails and a letter sent to the applicant were insufficient proof of the employer’s good faith efforts to contact the U.S. worker applicant seeking to respond to the job advertisement in that the employer did not use certified mail and the applicant was convincing in his testimony and information provided in the follow-up questionnaire sent out by the U.S. Department of Labor (Matter of Precon Products, Ltd.,  2002-INA-123 (BALCA, May 20, 2003) (80 IR 875; 6/30/03).

DHS Publishes Final Rule on Certificates for Healthcare Workers

  • This final rule of the Department of Homeland Security adds the certification requirement for non-immigrants coming to the U.S. to work as healthcare workers effective September 23, 2003 (68 FR 43901, 7/25/03; Posted on AILA InfoNet at Doc. No. 03072543 (July 25, 2003)).

LEGISLATIVE AND LEGAL DEVELOPMENTS

 

Agriculture

EU:

  • Two new rules are approved for the European Union (EU) governing labeling and tracing of genetically modified food and feed products requiring all food and animal feed with a GM content of more than .9% to be labeled (20 ITR 1168; 7/10/03).

U.S.:

  • The USDA published final rules listing a number of agricultural commodities now allowed to be imported under specified conditions (20 ITR 1125; 7/3/03).

Taxation

U.S.:

  • S1310, HR2564 have been introduced to apply the harbor maintenance tax to ports that import cargo annually exceeding $100 million in value (20 ITR 1219; 7/17/03).

Sanctions

U.S.:

  • The Senate passed S1215 and the House passed 2330 banning all goods produced, mined, manufactured, grown or assembled in Burma (20 ITR 1230; 7/17/03).

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 2003

 

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

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