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People's Law Guide


America's Immigration News

Larry J. Behar


Our firm assists multinational corporations, investors and professionals in all their U.S. immigration legal requirements.

The Legal Center, Phone: 954-524-8888
888 Southeast Third Avenue, Fax: 954-524-0088 or Email :
Suite 400,
Fort Lauderdale, FL 33316.

MARCH 2003

The following articles have been published initially by the American Immigration Lawyers Association Family Values

New immigration law provides for immediate relative status for spouses of U.S. citizens widowed as a direct result of the terrorist acts of September 11, 2001, regardless of the length of the marriage, and provided that the spouse was not legally separated at the time of the citizens death and files a petition within two years of the death, having not remarried in the interim. Children of a U.S. citizen killed in one of the terrorist acts of September 11, 2001 may also file a petition for status as an immediate relative, provided the petition is filed within two years of the death of the parent, and regardless of the age of the child or marital status.

This rule takes effect March 20, 2003.

New AEWRs for H-2A Visas

Adverse effect wage rates (AEWRs) are the minimum wage rates which DOL has determined must be offered and paid to U.S. and alien workers by employers of nonimmigrant (H-2A) agricultural workers. DOL emphasizes, however, that such employers must pay the highest of the AEWR, the applicable prevailing wage or the statutory minimum wage, as specified in the regulations. The regionwide AEWR for all agricultural employment (except those occupations deemed inappropriate under the special circumstances provisions of 20 CFR 655.93) for which temporary alien agricultural labor (H-2A) certification is being sought, is equal to the annual weighted average hourly wage rate for field and livestock workers (combined) for the region as published annually by the U.S. Department of Agriculture (USDA does not provide data on Alaska).


The Child Status Protection Act amends the Immigration and Nationality Act by permitting an applicant for certain benefits to retain classification as a "child" under the Act, even if he/she has reached the age of 21. CSPA applies to aliens who aged out on or after August 6, 2002. If an alien aged out before August 6, 2002, then there is only one exception allowed by the CSPA.

Border Commuter Student Act

Are you a Canadian or Mexican Student who study part time in the U.S.? BCIS has stopped admitting these part-time students, holding that they were not eligible for admittance to the United States as visitors since their purpose was to attend class. However, the students also were not eligible for either F-1 (academic) or M-1 (non-academic or vocational) visas because these classifications require students to attend class on a full-time basis. The Border Commuter Student Act of 2002 creates two new nonimmigrant student visa categories, F-3 and M-3, for Canadian and Mexican citizens who study part-time in the United States but who live in their home country and commute to academic or vocational classes in the United States.

H-1B for nurses

While typical RNs generally do not meet the requirements for H-1B classification, aliens in certain specialized RN occupations are more likely than typical RNs to be eligible for H-1B status. In order to qualify an RN position as H-1B, the petitioning employer must meet the existing regulatory requirements for an H-1B visa.

The Law Offices of Larry J. Behar, P.A. were founded in 1979 and are AV Rated by Martindale-Hubbell (highest rating achieved). The firm assists 36 different nationalities in identifying and implementing U.S. business immigration solutions in four languages. Please feel free to send in your questions or comments. We will be happy to answer them all or those of your clients. We limit our practice to U.S. immigration law. Please send inquiries to : For urgent information matters please contact Larry J. Behar directly at (Tel.) 954-524-8888 or (Fax) 954-524-0088

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