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Hints & Tips from the INS October 29, 2000 Labor Certification Substitutions: INS has advised that when filing an I-140 and substituting a new alien with an approved labor certification, you should file the I-140 with a copy of the certified labor certification and a new original ETA 750, Part B form. Proof of filing of Labor Condition Application (LCA): Since there have been so many problems with the LCA faxback system, INS states that it is still acceptable to file an H-1 petition with proof of filing of an LCA, if necessary. INS will then send a Request for More Evidence (RFE) to request the certified LCA before the petition can be approved. I-129W Fee Exemptions: In order to indicate one of the new fee exemptions on the I-129W, INS indicated that you should write the new exemption in red marker on the I-129W below those exemptions already listed. The exemption should be written in the language of the new law, i.e., either “a primary or secondary education institution” or “a nonprofit entity related to or affiliated with an institution of higher education or a primary or secondary education institution which engages in established curriculum-related clinical training of students registered at such institution.” Ports of Entry and the New H-1B Portability Provision: INS advises that it is working on a draft memo that will provide guidance to the Inspectors at Ports of Entry making them aware of the legality of employment before the change of employer has been approved. It is hoped to be out within the next week.
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