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Editor's Comments of the Day
A common misconception is that an employee who is waiting
for his green card is required to work for the petitioning
employer. There is nothing in the law which requires this.
The labor certification process is prospective. It is
based on what the person will do at the time he gets the
green card, not what he is doing while the process is
going on. Given the problems with the cap on H-1Bs and
the delays in processing a company could make a decision
that it did not want to file for an H-1B, but it still
would be willing to obtain labor certification and get
an I-140 approved to allow someone to enter as an immigrant
to fill a position. The alien does not need to work in
the job while the process is going on, but he does need
to fill it at the time he gets permanent resident status.
Some consider H-1Bs to be a form of indentured servitude
binding the alien to an employer. The reality of the business
world may be that an employer would not continue the labor
certification process for someone who is not a current
employee. This is a business decision. It is not the law.
Register News of the Day
Request for N-400
The INS is extending for 60 days the period for public
comments on the information collected on the Application
for Naturalization N-400. Comments will be accepted
until August 28,2000.
News of the Day
Committee on the Judiciary to Meet
The House Committee on the Judiciary will meet Thursday,
June 29, 2000, for the markup of H.R.
2883, the "Adopted Orphans Citizenship Act."
List For Subcommittee on Immigration and Claims Hearing
to Evaluate the "Religious Worker Visa Program"
The House of Representatives, Subcommittee on Immigration
and Claims, will hold an oversight hearing on "Evaluating
the Religious Worker Visa Programs" on June 29, 2000.
Witnesses scheduled to testify are Mildred Patterson,
John Brennan, Thomas Cook and Jess Ford.
News of the Day
ILW.COM invites the submissions of correspondence
about matters of immigration law from government agencies.
Submissions may be published. Please send to email@example.com.
Featured Article of the Day
ILW.COM invites the submission of articles about
immigration law from attorneys, paralegals, foreign
student advisors, human resources personnel, scholars
and those whose lives have been effected by the laws.Please
send articles to firstname.lastname@example.org.
News of the Day
Supreme Court Refuses to Hear Gonzalez Family Appeal
CNN reports that the US Supreme Court refused to hear
an appeal or to grant a request for a stay filed by the
Miami relatives of Elian Gonzalez.
Rise in Criminals Sent Back to Britain
The Guardian Unlimited reports that the number of convicted
criminals deported to Britain from the United States
has doubled in the past two or three years due to the
surge in the American prison population coinciding with
the effects of the 1996 US Anti-Terrorism Act and reform
of US immigration laws.
Highlights of the Day
ILW.COM Launches Advocacy Page
Visit ILW.COM's newly launched Advocacy section!
ILW.COM Chats and Discussions of the
Chat with Kevin Levine,
Attorney Kevin Levine will answer questions on all aspects
of immigration law Thursday, June 29, 2000, at 9:00
to the Editor
I found your June 27 editorial (footnote 1) saying
that Elian "can resume life as a little boy instead
being the subject of international attention." quite
It is true that in Cuba each child has a technically
"normal" life when compared to the situation of most
other children on the island. Normal however is not
natural, for in such life in Cuba the state takes control
of every child's life, and in Cuba every child and every
ordinary person is by Cuban government decree a chattel
of that country's authorities. (Read
the whole letter here).
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