Immigration Law Weekly will not appear next week. The next update will be on December 5, 1995.

Will the Simpson Bill affect ALL the foreign graduates who are applying for their H-1, regardless of the areas they studied? I got an M.B.A. recently from a Top 25 university and am working for an American company. Will I be a victim of the Bill also? Also I am a Hong Kong citizen, and had earned a bachelor degree in the territory. In light of the 1997 problem, do I have any other way to apply for the protection of the U.S. government?

Both the Smith Bill and Simpson Bill propose changes to the H-1B category. All H-1B workers will be affected. To avoid returning to Hong Kong once you have reached your maximum stay in H-1B, you will have to acquire permanent residence. Find out if your employer is willing to petition you for permanent residence.

Currently, with a Master's degree you would qualify for the second employment-based preference, although the Simpson Bill will add a requirement of 3 years post-degree experience (among other things). You will need an approved labor certification unless you can qualify for a national interest waiver.

An easier alternative is to apply for Canadian permanent residence while you still have a valid U.S. nonimmigrant visa. If you have a master's degree and can speak, read and write English or French fluently, you have a good chance at qualifying for Canadian permanent residence. You do not need a job offer or a labor market test.

My wife and I are currently F-1 holders and our 2-year old son is a U.S. citizen. May we change our visa status to a GC or temporary residency, or obtain a working permit for an off-campus job before graduation? What about after graduation?

You cannot acquire a green card based on your 2 year old son's U.S. citizenship since he is not 21 years of age. He is still too young to petition you for permanent residence.

Off-campus employment not related to your course of study is possible (a) under the F-1 off-campus pilot program, (b) due to severe economic hardship, and (c) pursuant to certain internships with international organizations. Off campus employment related to your course of study may be done as optional practical training (either before or after completion of your course of study) up to a maximum of 12 months. Any post-completion optional practical training must be finished within 14 months of such completion.

I am 27yrs old, currently in the 2b preference waiting list (priority JUL91): How would his status change with the proposed bills (Smith's and Simpson's)?

You will lose your status if you have not obtained your visa by October 1, 1996, the proposed enactment date of the Smith and Simpson Bills. The State Department estimates that those 2b beneficiaries with priority dates on or after September 02, 1990 (earlier for country specific waiting lists) will be barred on October 1, 1996.

I heard that the Bush Administration had defined a list of occupations/areas/fields as those that are in the national interest for purposes of approval of second preference employment-based immigration. I wonder if you happen to know of the list of occupations/fields that the Bush admin. accepted as those in the national interest.

You were misinformed. The "national interest" has not been defined in the statute and the INS has declined to formally define it as well. They have been deciding "national interest" on a case by case basis. One of the more important nonprecedent decisions relating to "national interest" has provided a non-exclusive list of factors which may be considered. Satisfying any one of the following factors can be considered in the national interest:

• improving the U.S. economy;
• improving wages and working conditions of U.S. workers;
• improving education and training programs for U.S. children and underqualified workers;
• improving health care;
• providing more affordable housing for young and/or older, poorer U.S. residents;
• improving the environment of the United States and making more productive use of natural resources; or
• a request from an interested U.S. government agency.