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U.S. Supreme Court Knocks Out Carmack in International Multimodal Shipment
August 2010
The U.S. Supreme Court has held that the Carmack Amendment does not apply to cargo loss claims where the shipment originates overseas.
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Court of Appeal for Ontario Rejects Fourth Defence
July 2010
The Court of Appeal for Ontario has rejected a new, “fourth defence” and has ordered enforcement of an Illinois court judgment of USD 19 million against Canadian defendants.
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Key Changes are Coming to AMPS
March 2010
The Canada Border Services Agency (CBSA) has issued a notice of changes resulting from a review of the Administrative Monetary Penalty System (AMPS).
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Key Changes are Coming to AMPS
March 2010
The Canada Border Services Agency (CBSA) has issued a notice of changes resulting from a review of the Administrative Monetary Penalty System (AMPS).
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Personal Data Exchange Between the EU and the U.S.
April 2009
The European Commission has found that the U.K. is not adequately protecting personal electronic data, a finding that should cause U.S. companies to review their privacy policies and determine if they can self-certify their compliance with the European Commission’s Directive on Data Protection.
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Insurer Owed Defense of Trade Dress Case, But Not ITC Case
March 2009
A recent decision from the State of Washington found that an insurer had a duty to defend a patent and trade dress infringement case brought against its insured, but did not owe a duty to defend a related action filed in the International Trade Commission.
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Yormick Named Chairman of World Trade CelebrationMarch 16, 2009
The World Trade Center Buffalo Niagara (WTCBN) has named Jon Yormick as Chairman of the 14th Annual World Trade Celebration Presented by Speed Global Services on Wednesday, June 24, 2009 at the Buffalo Niagara Convention Center in Buffalo, New York.
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DDTC Issues Guidelines for Employing Foreign Nationals
March 2009
The Directorate of Defense Trade Controls (DDTC) has issued guidance for U.S. companies employing foreign nationals who require access to defense articles and technical data controlled under the International Traffic in Arms Regulations (ITAR).
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2009 Ohio Commercial Litigation Preview
December 2008
Litigants in Ohio state courts will likely notice some differences in how commercial cases proceed in 2009. Recent changes in the discovery rules and a pilot program that creates a docket designed to handle commercial and business disputes more efficiently are in place for 2009. Companies with Ohio operations, as well as those doing business with Ohio companies or individuals should become familiar with these changes in order to litigate matters in Ohio’s state courts more effectively and cost-efficiently.
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U.S. Government Issues New Antitrust Guidelines
December 2008
The U.S. Department of Justice’s Antitrust Division has released a new model leniency letter and a new “Frequently Asked Questions” document designed to clarify its policies with respect to its leniency program. The policy update is the first in ten years.
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Yormick & Associates Launches Aerospace & Defense Practice; Adds Washington Presence
November 24, 2008
Yormick & Associates today announces the formation of its Aerospace and Defense Practice. The firm has also established a Washington, D.C. office.
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French Court Imposes Criminal Sanction for Violating Blocking Statute
November 2008
The French highest court for private matters (the “Cour de Cassation”) has affirmed a court of appeal’s criminal sanction against a French attorney for his violation of the French Blocking statute.
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Termination of Canadian Employee in U.S. Gives Rise to Lawsuit in Ontario
November 2008
Recently the Court of Appeal for Ontario considered whether a wrongful dismissal action against his former employer should be tried in the state of Indiana instead of in Ontario.
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U.S. Court Clarifies Design Patent Infringement
September 2008
The United States Court of Appeals for the Federal Circuit has unanimously clarified the way in which it determines design patent infringement.
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Ontario Court Upholds Jurisdiction Over Texas Defendant
September 2008
The Court of Appeal for Ontario has ruled that provincial courts have personal jurisdiction over non-resident defendants, including one from Texas, in a case alleging breach of fiduciary duties.
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Court Clarifies Use of Declaratory Judgment in IP Cases
September 2008
The U.S. Court of Appeals for the Federal Circuit recently clarified how it will determine when a party has shown there is a sufficient dispute between the litigants to justify a declaratory judgment action in intellectual property rights (IPR) litigation.
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California Supreme Court Holds Non-Competition Agreements Void
August 2008
The Supreme Court of California affirmed the State’s prohibition of noncompetition clauses in a decision issued August 7, 2008.
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Court of Appeals Confirms Korean Arbitration Award; Rejects Counterclaims
August 2008
The U.S. Court of Appeals for the Ninth Circuit has upheld a Korean arbitration ruling.
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Global Expansion Issues Top Concerns of Corporate Counsel
July 2008
A recent survey of in-house counsel at the Association of Corporate Counsel Greater new York Chapter showed that 38% of those polled stated that global growth was having the biggest impact on their legal departments.
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Court of International Trade Imposes Customs Penalties
July 2008
The U.S. Court of International Trade has found that a company’s lack of “reasonable care” supported a penalty of one and one-half times the duties that were avoided by misclassifying the goods. The penalty exceeded USD 900,000.
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University Professor Indicted for Export Violations
May 2008
A professor emeritus at the University of Tennessee and a technology company have been indicted on charges of conspiring to disclose restricted U.S. Air Force data to Chinese foreign nationals without first obtaining an export license.
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Yormick & Associates Forms Canada Practice
May 2008
Yormick & Associates today announces that it has formed a Canada Practice to better serve Canadian and U.S. clients with cross-border legal issues.
Federal Safety Law Pre-Empts State-law Claims
April 2008
The Texas Supreme Court has held that the federal Consumer Product Safety Act (“CPSA”) pre-empts a state-law tort claim in a products liability case.
Ohio Supreme Court Upholds 10-Year Time Limit for Suing Manufacturers of Products that Cause Injury
March 2008
In a decision addressing several certified questions from the U.S. District Court, the Ohio Supreme Court affirmed the constitutionality of a state law that sets a 10 year statute of repose (time limit) for the accrual of a product liability claim against a product manufacturer.
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Preparing Now for FY 2009 H-1B Visa Applications
February 2008 | The Business and Global Immigration practice of Yormick & Associates is dedicated to serving the needs of our clients effectively and in a cost-efficient manner. We want to remind our clients and Friends of the Firm that the U.S. Citizenship and Immigration Service (USCIS) will begin accepting H-1B applications for FY 2009 on April 1, 2008.
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Commission Adopts Guidelines for Merging Companies
January 2008 | The recently adopted European Commission guidelines for merging companies that are in a vertical or conglomerate relationship should be known to companies worldwide.
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Dealing with the Amended ITAR Voluntary Disclosure Rule
January 2008 | Last month the U.S. Department of State, Directorate of Defense Trade Controls (“DDTC”) amended the voluntary disclosure rule under the International Traffic in Arms Regulations (“ITAR”) to include a 60-day deadline to submit a final, complete voluntary disclosure report.
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CPSC Staff to Work at U.S. Ports with Customs
January 2008 | The acting chairman of the U.S. Consumer Products Safety Commission has publicly stated that CPSC staff will be added soon and begin working closely with U.S. Customs and Border Protection (CBP) to ensure import product safety.
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Product Liability Damages Cap Upheld in Ohio
January 2008 | The Ohio Supreme Court has upheld the constitutionality of noneconomic and punitive damages limits that may be awarded to personal injury plaintiffs
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New U.S. Export Penalties Regime Now in Effect
November 2007 | The maximum civil penalty for violations of export controls and trade and economic sanctions has increased to USD 250,000 or two times the transaction value.
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European Court: No Attorney-Client Confidentiality for In-House Counsel
November 2007 | Companies with operations in Europe must take note of a recent Court of First Instance (CFI) ruling that refused to extend the Legal Professional Privilege (LPP) to written communications between in-house lawyers and their clients.
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U.S. Federal Common Law Applies to Hijacked Brazilian Shipment
September 2007 | In a 2-1 decision, the Second Circuit Court of Appeals held that U.S. federal common law applied to a shipment originating and hijacked in Brazil that was destined for Japan.
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Carrier Liable for Damages for not Offering Carmack Liability
August 2007 | A New York federal court has found Union Pacific liable for damages because it did not properly offer the shipper higher recovery limits than provided for by the Carmack Amendment.
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Antiboycott Penalty Guidelines Now in Effect
August 2007 | On August 16, the Bureau of Industry and Security (BIS) new rule regarding voluntary self-disclosure (VSD) of violations of the antiboycott provisions of the Export Administration Regulations (EAR) went into effect.
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Companies Must Comply with EU Data Protection Directive
July 2007 | A recent fine against Tyco Healthcare should remind U.S. companies with operations in Europe to comply with European data protection laws and regulations.
- New China Export Rule Goes into Effect
June 2007 | On June 19, the U.S. Department of Commerce published its final rule covering exports and re-exports of 31 items and technologies that are intended to have a military end-use in China. Effectively immediately, the new rule does not require a license for current transactions as long the exports are completed by July 19.
- Exporters Must REACH to Comply with EU Regulation
May 2007 | Starting 1 June 2007, chemical exporters to the EU market must be familiar with the regulation known as “REACH” (Registration, Evaluation and Authorisation of Chemicals) or risk a loss of sales.
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Export Regulations Reach Foreign Subsidiary Employees
April 2007 | This month the Bureau of Industry and Security (BIS) entered into a settlement with a UK citizen employed by a U.S. company’s UK subsidiary over charges he re-exported specialized software to Iran in violation of the Export Administration Regulations (EAR).
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Supreme Court Rules Foreign Companies Can Move to Dismiss Case for Forum Non Conveniens
March 2007 | In a decision important to foreign companies doing business with U.S. partners and vice versa, the U.S. Supreme Court has held that federal district courts can decide a foreign defendant’s motion to dismiss for forum non conveniens (inconvenient forum) without considering any other threshold jurisdictional questions.
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Bureau of Industry and Security FY 2006 Voluntary Self-Disclosures
March 2007 | The Bureau of Industry and Security (BIS) reports that during FY 2006 there were 28 Voluntary Self-Disclosure (VSD) cases, with penalties totaling nearly USD 3 million. Companies that made a full or partial VSD, however, avoided maximum penalties and significantly reduced their penalty exposure.
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Carmack Amendment Does Not Apply to Air Carriers
February 2007 | The Seventh Circuit Court of Appeals has held the Carmack Amendment does not apply to an air carrier that lost a diamond ring valued at more than USD 100,000.
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Smart Outsourcing is a Key Decision
January 2007 | Outsourcing is increasingly important for U.S. and Canadian businesses as they pursue strategies to reduce costs, transform internal processes, improve service quality or simply save the company. While India continues to be the top destination for Business Process Outsourcing (BPO) and IT outsourcing, more companies are becoming disenchanted with Indian outsourcing partners.
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Study: Niagara Falls Airport as Potential Bi-National Air Cargo Hub
January 2007 | As reported in the Buffalo News, a recent study recognizes that the Niagara Falls International Airport has great potential to serve the region, including Southern Ontario, as a bi-national air cargo hub.
- U.S. Importers Must Implement HTS Changes Next Month
January 2007 | On February 3, 2007, U.S. importers of record must implement changes in their import practices to comply with changes to the 2007 Harmonized Tariff Schedule of the United States (HTSUS) made by the World Customs Organization (WCO).
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Supreme Court of Canada Recognizes Foreign Non-Monetary Judgments, But Refuses to Enforce U.S. Court Contempt Order
January 2007 | The Supreme Court of Canada has recognized the enforceability of a U.S. non-money judgment in a trademark infringement case. The Court, however, decided it could not enforce the contempt order presented to it from the U.S. court.
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Federal Rules of Evidence Address Discovery of E-Information
December 2006 | Amendments to the Federal Rules of Civil Procedure concerning the discovery of electronically stored information (“e-information”) went into effect on December 1, 2006. All companies, foreign and domestic, that might become involved in civil lawsuits in U.S. federal courts should heed these new Rules since they provide both benefits and impose burdens on all parties.
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Preparing Now for FY 2008 H-1B Visa Applications
November 2006 | Yormick & Associates is dedicated to serving the needs of our Business Immigration clients effectively and in a cost-efficient manner. We want to remind our Clients and Friends of the Firm that the U.S. Citizenship and Immigration Service (USCIS) will begin accepting H-1B applications for FY 2008 on April 1, 2007.
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Encouraging Investment in Lebanon Should be Anti-Boycott Reminder
October 2006 | President Bush’s call last week for U.S. companies to invest in the re-building of Lebanon, should be a reminder for all companies to comply with anti-boycott regulations when doing business in Lebanon and with other countries throughout the Middle East.
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International Anti-Suit Injunction to Enjoin Russian Proceedings Denied
September 2006 | In a recent case addressing the issue of whether an international anti-suit injunction would be granted to bar a defendant from litigating a commercial defamation action in a Russian Arbitration Court, the U.S. District Court for the District of Massachusetts held that international comity weighed against an injunction.
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Lawsuit Strategy is Used to Break FBI Investigation Backlog
August 2006 | This month 10 Asian and Middle Eastern legal permanent residents filed a lawsuit against the government seeking citizenship. The plaintiffs include a U.S. military veteran, a physician, and business owners whose applications have not been acted upon for two years or more.
- Court Rules Carmack Trumps COGSA in Cargo Liability Case
August 2006 | In a case that is important to carriers, shippers and insurers alike, a federal court in New York has ruled that the Carmack Amendment, not the Carriage of Goods by Sea Act (COGSA), applies to the domestic portion of an international shipment.
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Federal Court Rejects Application of CISG
August 2006 | Last month the U.S. District Court for Washington, Western Division (Seattle) rejected arguments that the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) applied to a contract dispute involving an approximately USD 1,000,000 purchase of red cedar siding for use at a construction site in Moscow.
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Canada Leads G7 in Lowest Business Costs
April 2006 | In its most comprehensive study of international business costs ever undertaken, KPMG reports that Canada leads the G7 for the greatest business cost advantage.
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Court of International Trade Issues Customs Penalty Decisions
April 2006 | In the last two months, the U.S. Court of International Trade (“CIT”) has issued a series of decisions regarding Customs penalties that all importers should take note of as part of exercising “reasonable care” and to assist in formulating legal strategies when facing penalties.
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Carmack Amendment Claim Not Speculative
March 2006 | In February, the U.S. District Court for the Eastern District of Michigan analyzed the sufficiency of evidence necessary to support a claim for damages incurred during shipping against a carrier under the Carmack Amendment.
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Starbucks and Luxury Goods Companies Win Infringement Cases in China
March 2006 | Earlier this year, Starbucks won a trademark infringement case in Shanghai that helps to illustrate the importance of registering intellectual property rights (IPR) in China.
- E-3 SPECIALTY OCCUPATION WORKER VISA FOR AUSTRALIANS
February 2006 | The E-3 visa classification was established by the REAL ID Act of 2005. It allows for the admission of Australian nationals entering the U.S. to perform work in the “specialty occupation” category. Nonimmigrant Australian aliens who are already legally in the U.S. may change and extend their status in this category.
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Enforcing U.S. Court Judgments in Canada
February 2006 | Today, cross-border transactions between the U.S. and Canada are commonplace. U.S. exporters most frequently sell goods and services to Canada, often as a first export market. Other times, Canadian partners are involved in joint ventures or as distributors or representatives. No matter what the cross-border trade or transaction involves, many times the parties have not thought to submit a dispute to arbitration for resolution and legal action becomes necessary.
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Preparing for FY 2007 H-1B Applications
February 2006 | Yormick & Associates is dedicated to serving the needs of our Business Immigration clients effectively and in a cost-efficient manner. At this time, we would like to remind our Clients and Friends of the Firm that the U.S. Citizenship and Immigration Service (USCIS) will begin accepting H-1B applications for FY 2007 on April 1, 2006.
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Lack of Customs Decision on NAFTA Claim Denies Court Jurisdiction
January 2006 | On January 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) held that where Customs did not engage in any decision-making on a NAFTA claim, the Court of International Trade (CIT) is without jurisdiction to decide a company’s appeal of a denied protest. In doing so, the CAFC reversed the CIT’s decision to deny the government’s motion to dismiss the case.
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Reducing Costs by Operating in the "Zone"
December 2005 | As 2005 comes to a close, foreign and domestic companies are undoubtedly looking ahead at cost-saving strategies for 2006 and the years to follow. One cost-reduction strategy that should be considered, but is often overlooked, is doing business in a Foreign Trade Zone (FTZ).
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European Union Launches Highly Anticipated “.eu” Domain
December 2005 | On 7 December 2005, the European Commission will begin accepting registrations for the “.eu” top-level domain, suitable for use in web-site names and e-mail addresses.
- Carmack Amendment Developments: Carrier-Forwarder-Broker-Rigger Distinction; Limitation of Liability
November 2005 | Several recent federal court decisions under the Carmack Amendment are noteworthy to carriers, shippers and insurers alike. The Carmack Amendment creates a uniform national rule governing carrier liability when goods are shipped in interstate commerce.
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International Travel Guidelines for Non-Immigrants
November 2005 | If you are a foreign national, non-immigrant planning international travel this holiday season, we recommend that you familiarize yourself with the immigration rules regarding your exit from and re-entry to the United States.
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INDICTMENTS UNDER FOREIGN CORRUPT PRACTICES ACT ANNOUNCED
October 2005 | As widely reported, three (3) individuals were indicted in Manhattan last week on charges of conspiring to violate the Foreign Corrupt Practices Act (“FCPA”). The statute makes it illegal to pay or offer to pay money or anything of value to foreign public officials in order to obtain or retain business.
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European Commission Proposes Criminal Punishment to IP Violators September 2005 | Companies operating or planning to operate in the European Union (“EU”) should know that the European Commission (“EC”) has adopted a recent proposal that focuses on a framework to more strictly enforce intellectual property rights.
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Hurricane Katrina Prevents Performance
September 2005 | Hurricane Katrina and its aftermath have hit local and the national economies hard. Business activity in the area is severely disrupted. Businesses affected by Katrina may not be able to fulfill previously entered commitments. Under the circumstances, liability for failure to fulfill obligations could be barred by “force majeure.”
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Wood Packaging Material Enforcement to Begin
August 2005 | On September 16, 2005, U.S. Customs and Border Protection (CBP) will begin enforcing the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) import regulation regarding wood packaging material (WPM).
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Canadian-U.S. Travel Threatened By Passport Requirement
August 2005 | Canada’s travel and tourism industry has joined forces and formed the Passport Coalition out of concern for the future of cross-border travel.
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H-1B Cap Has Been Reached
August 2005 | On August 12, 2005, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year (FY) 2006, which begins on October 1, 2005.
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H-1B Cap Numbers Update
July 2005 | At the recent American Immigration Lawyers Association (“AILA”) Annual Conference, governmental officials announced that the USCIS so far has approximately 8,300 H-1B petitions approved or pending that will count against the new exemption cap of 20,000 for FY05.
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June 30, 2005 Deadline for Reporting Foreign Financial Accounts
June 2005 | Federal law requires that any U.S. person who has a financial interest in any financial account in a foreign country that exceeds USD 10,000.00, at any time during the year, must report this information to the U.S. Department of the Treasury.
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EB-3 Visa Numbers Unavailable from July 2005
June 2005 | The U.S. Department of State (DOS) July 2005 Visa Bulletin, issued June 13, 2005, shows that visa numbers in the Employment-Based 3rd Preference (EB-3) category for those seeking lawful permanent resident status will be unavailable as of July 1, 2005.
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Carmack Amendment Developments: Insurer can Maintain Case Against Carrier; State Law Claim for Fraud is Preempted
May 2005 | Two recent federal court decisions under the Carmack Amendment are noteworthy to carriers, shippers and insurers alike. The Carmack amendment, 49 U.S.C. §14706, creates a uniform national rule governing carrier liability when goods are shipped in interstate commerce.
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Agreement Benefiting Certified Maquiladora Companies
May 2005 | Our affiliate office in Monterrey, Mexico has advised that as of May 10, 2005, certified maquiladora companies are authorized to import supplies required for their business processes without having to request an extension to the corresponding program.
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Update on New H-1B exemptions
May 2005 | On May 20, 2005, USCIS stated that it has received more than 6,393 H-1B petitions that will count against the Fiscal Year 2005 (October 1, 2004 through September 30, 2005) established by the H-1B Visa Reform Act of 2004.
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USCIS Announces New “Green Card” Filing Procedure
May 2005 | U.S. Citizenship and Immigration Services (“USCIS”) forwarded to the Federal Register today a notice announcing that starting May 31, 2005 aliens must mail applications to renew or replace Permanent Resident Cards, commonly known as “green cards,” directly to the Los Angeles Lockbox.
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H-2B Filing begins May 25, 2005
May 2005 | Pursuant to the Save our Small and Seasonal Business Act of 2005, starting May 25, 2005, USCIS will begin to accept additional petitions for H-2B Workers.
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Proposed Revision and Clarification of Deemed Export Rule
May 2005 | Comments on the Bureau of Industry and Security (BIS) proposed revision and clarification of the Deemed Export Rule are due May 27, 2005.
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The 20,000 Additional H-1B Visas
May 2005 | After months waiting for guidance on the additional 20,000 H-1B visas which were created by the H-1B Visa Reform Act of 2004, the USCIS has recently indicated that it will publish a rule in the Federal Register on May 5, 2005.
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New Shipper Review Legislation Introduced in Senate
April 2005 | On April 3, 2005, a bill was introduced in the Senate to temporarily suspend new shipper bonding privileges for 3 years.
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Court Decides Standard to Vacate International Arbitration Award
April 2005 | Case Summary: Jacada (Europe), Ltd. v. International Marketing Strategies, Inc.
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20,000 NEW H-1B VISA UPDATE
April 2005 | Bill Yates of USCIS, who recently spoke at the New York Chapter meeting of the American Immigration Lawyer’s Association, stated that the rule is currently under review at OMB.
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20,000 H-1Bs Open for All Qualified H-1B applicants
March 2005 | On March 8, 2005, USCIS announced that 20,000 additional petitions for H-1B workers for FY 2005 based on the Omnibus Appropriations Act for Fiscal Year 2005, will be applied to all qualified H-1B nonimmigrant aliens.
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U.S. Advance Degree Graduates must refrain from Filing for H-1B Visas
March 2005 | The USCIS Office of Congressional Relations has prepared a draft notice advising that H-1B Visa Reform Act of 2004 petitions, for H-1B visas for U.S. advanced degree graduates, should not be filed until new guidance is published in the Federal Register.
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A USCIS Guide to InfoPass
February 2005 | InfoPass is the new appointment system which has been recently implemented by the U.S. Citizenship and Immigration Service (USCIS). It is now necessary for individuals to schedule an appointment through using InfoPass to do so. Walk-in appointments are no longer recognized.
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Ohio Courts must give Non-Citizens Verbatim Warning that Guilty Plea may bar Naturalization
January 2005 | In a decision announced on December 22, 2004, the Supreme Court of Ohio ruled that, when an Ohio trial court accepts a plea of guilty or no contest to a criminal offense by a defendant who is not a U.S. citizen, the judge must issue a verbatim warning set forth in R.C. 2943.031(A) advising the defendant that conviction of the charged offense “may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization …”
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USCIS Reaches H-2B Cap – New Processing Procedures Announced
January 2005 | U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough H-2B visa petitions to meet this year’s congressionally mandated cap of 66,000 new workers.
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The H-1B and L-1 Visa Reform Act of 2004
December 2004 | President Bush, on 12/8/04, signed the $388.4 billion FY 2005 omnibus spending package comprising nine appropriations bills (H.R. 4818).
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Foreign Company Profits in China Remain Low
December 2004 | As reported in The Financial Times, the China Economic Quarterly reported that while profits for US companies doing business in China more than doubled in the last 4 years, profits in smaller markets with slower growth earned US companies greater profits.
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H-1B Visa Program Changes for Foreigners with American Graduate Degrees
December 2004 | Foreign nationals who hold masters and higher degrees from American universities will have an extra benefit when seeking a H-1B visa to work in the United States due to a bill that Congress approved on November 20, 2004.
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BIS Proposes Changes to Export Administration Regulations
November 2004 | The US Department of Commerce’s Bureau of Industry and Security (BIS) has proposed new rules affecting exporters of goods from the US.
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Supreme Court Opinion: Driving Under the Influence not a Deportable Offense
November 2004 | In an opinion written by Chief Justice Rehnquist, the U.S. Supreme Court ruled on Tuesday, November 9th, that a DUI offense, even when bodily injury occurs, which either does not have a component of intent or requires only a showing of negligence in the operation of a vehicle, was not a “crime of violence” for which an immigrant can be subject to deportation.
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CBP Releases IPR Seizure Statistics
November 2004 | The U.S. Customs and Border Protection (CBP) has announced 2004 statistics for seizures of goods that infringe upon intellectual property rights (IPR).
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USCIS to Continue Issuing I-551 Stamps
October 2004 | Following up on our last news alert concerning the issuance of I-551 stamps, U.S. Citizenship and Immigration Services (USCIS) has announced that it will continue the practice of issuing I-551 or “ADIT” stamps until further notice.
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USCIS Announces New H-1B Procedures – Reaches Cap
October 2004 | U.S. Citizenship and Immigration Services (USCIS) announced that as of October 1, 2004 it has received enough H-1B petitions to meet the congressionally-mandated cap for fiscal year 2005.
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2006 Diversity Visa Lottery Program
September 2004 | Applications for the 2006 Diversity Visa (DV) Lottery will be accepted between November 5, 2004 and January 7, 2005. Persons seeking to apply must register electronically, online through the designated Internet website, www.dvlottery.state.gov during the registration period.
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The H-1B 2005 Visa Cap is Closer
August 2004 | USCIS advises that, as of August 4, 2004, it had received 40,000 cap-subject H-1B visa filings (specialty occupation visa) subject to the FY2005 cap
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D.C. Circuit Court of Appeals Orders More Sleep for Commercial Truck Drivers
August 2004 |Commercial truckers need sleep, too, says the D.C. Circuit Court of Appeals.
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Cure for the Denial of Changing the Status from F-1/J-1 to H-1B Due to the Cap
August 2004 | On July 28, 2004, Williams Yates, USCIS Assoc. Dir. Operations, has advised Bob Deasy, American Immigration Lawyers Associations' USCIS Liaison chair, that USCIS will adjudicate motions to reopen previously-denied change of status applications for students changing from J-1 or F-1 to H-1B prior to 10/1/04 if the motion is filed within the next couple of weeks.
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Bridging the Gap Between the F / J Visas and the H-1B Visa
July 2004 | The U.S. Citizenship and Immigration Service (CIS) published a notice in the Federal Register on Friday, July 23, 2004, that extends the duration of status of F students and J exchange visitor students who have applied for a change of status to H-1B but whose status expires before October 1, 2004.
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New SEVIS Fee
July 2004 | The Department of Homeland Security (DHS) published in the July 1, 2004 Federal Register (69 FR 39814), a final rule which amended the Department of Homeland Security regulations to provide for the collection of a fee to be paid by certain aliens who are seeking status as F-1, F-3, M-1, or M-3 nonimmigrant students or as J-1 nonimmigrant exchange visitors.
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Update on State Department's Visa Revalidation
July 2004 | The Department of State will accept re-applications following a visa refusal made by the Visa Revalidation Division under section 221(g) of the Immigration and Nationality Act through the close of business on Thursday, September 30, 2004.
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Ohio Supreme Court Strikes Down Tax on Semitrailer Refrigeration Units
July 2004 | In its unanimous June 23, 2004, decision, the Ohio Supreme Court ruled in Parisi Transportation Co. v. Wilkins that refrigeration units on semitrailers, used to transport goods in and through Ohio, are not subject to the state’s personal property tax.
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Department of State to End Visa Revalidation
July 2004 | The Department of State announced on June 23, 2004, that it will end its visa revalidation program in the U.S. for C, E, H, I, L, O, and P visas on July 16, 2004.
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Visa Screen Certificate and Foreign Registered Nurses
June 2004 | Effective September 23, 2003, all foreign registered nurses were required to obtain a Visa Screen Certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS) before entering the U.S.
- U.S. Supreme Court Rules on NAFTA Provision dealing with Mexican Trucks
June 2004 | On June 7th, 2004, the U.S. Supreme Court made a decision in United States v. Public Citizen, 03-358, to allow Mexican truckers more access to U.S. highways.
- U.S. Lifts Import and Export Sanctions Against Libya
May 2004 | The Treasury Department’s Office of Foreign Assets Control (OFAC) has issued a new General License with respect to Libya.
- Obtaining a Work Permit in Poland
May 2004 | This article serves as a follow-up to our Alert regarding the Polish Business Visitor Visa, posted last month.
- Firm News - Sarah E. Lovequist
April 2004
- USCIS Increases its Fees effective April 30, 2004
April 2004 | A final regulation was published on April 15, 2004 which implements the increase of USCIS fee starting April 30, 2004.
- Obtaining a Business Visitor's Visa in Poland
April 2004 | Individuals looking to spend extended periods of time in Poland to conduct business or looking for employment in Poland must follow the requirements for obtaining a business visa.
- Immigration Alert - H-1B Cap for Fiscal Year 2004 has been reached
February 2004 | On February 17, 2004, USCIS made an announcement that the H-1B cap for fiscal year (FY) 2004 has been reached.
- Procedural Changes in the TN Visa for Mexicans
January 2004 | Starting January 2004, Mexican professionals will be able to receive a TN visa more easily.
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FAST Inaugurated at Southern Border
December 2003 | Last week, the Department of Homeland Security (DHS) announced the start of the Free and Secure Trade (FAST) program at the southern border.
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National Security Entry/Exit Registration System (NSEERS) Changes
December 2003 | On December 2, 2003, the Department of Homeland Security (DHS) announced that some aspects of the National Security Entry/Exit Registration are suspended.
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Diversity Visa 2005
October 2003 | The annual DV program makes permanent residence visas available to persons meeting the simple, but strict, eligibility requirements.
- New Versions of Certain BCIS Forms effective October 1, 2003
October 2003 | As of October 1, 2003, the Bureau of Citizenship and Immigration Services (BCIS) will require that the most recent version of each of the following forms be used:
- Visa Screen Certificate for Foreign Health Care Workers
September 2003 | The U.S. Department of Homeland Security (DHS) has issued its final health care worker regulations. The regulations are effective September 23, 2003.
- Firm News - Henny Halim
September 2003
