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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
January 22, 2001
Editor's Comments of the Day
Cases of the Day
Congressional News of the Day
INS News of the Day
ILW.COM Featured Article of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Classifieds of the Day
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An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Correspondence to Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

The Department of Labor has posted the new LCA/H-1B FAX form and instructions. The new ETA-9035 electronic form can be filled out on line. The electronic form instructions are also available in a pdf file. Unlike the previous electronic version of the LCA, the Employer Control Number (six boxes on bottom left of both pages) must be filled in. It is no longer generated automatically. It may be any number you wish. The only rules are that it be all numbers (no letters, no punctuation) and be the same on both pages. (The DOL recommends against "easy numbers"such as 111111 or 000001 - too many people use these, causing pages to get mixed up.) For LCA FAX tech support contact After the form has been completed, printed and signed, FAX to 800-397-0478. The DOL hopes for a turn around time of three to four days or less.

Cases of the Day

Court Defers to Agency's Interpretation of "Stop Time" Rule
In McBride v. INS, No. 97-60349 (5th Cir. Jan 19, 2001), the court found reasonable the Board of Immigration Appeal's ("BIA") interpretation that once continuous physical presence is interrupted by service of a notice of deportation proceedings the seven-year clock for suspension cases not only stops, but never starts to run again.

Conditions Changed in Bulgaria
[You will need Acrobat to read this file]
The court in Jovcev v. INS, No. 00-1675 ((8th Cir. Jan. 19, 2001), denied a petition for review of Board of Immigration Appeals's ("BIA") denial of asylum finding that even if the Petitioner had suffered past persecution, the government had rebutted the presumption of well-founded fear of future persecution with evidence of changed country conditions.

Knowledge of Rape Not a Protected Ground
In Molina-Morales v. INS, No. 98-71410 (9th Cir. Jan. 19, 2001), the court found that a man who was beaten because he learned of the rape of his aunt by a local politician was not persecution on account of political opinion.

Congressional News of the Day

GAO Report: INS Needs to Strengthen Its Investment Management Capability
[You will need Acrobat to read this file]
The General Accounting Office (GAO) has issued a report that addresses the INS's management of information technology investments. The report finds that the INS still has to do considerable work to implement fully a mature and effective process, and makes recommendations to strengthen the INS's investment management capabilities.

INS News of the Day

INS Temporarily Suspends Removals of Salvadorian Nationals
The INS has temporarily suspended the removal of Salvadorian nationals from the US in order to assist the Salvadorian government in the recovery from the recent earthquake. The suspension will remain in effect until the US determines that El Salvador is able to accept its nationals once again.

INS Receives First Unqualified Financial Audit Opinion
The INS announced that it has received its first unqualified (clean) audit opinion from the Department of State Inspector General for its fiscal year 2000 financial statement balance sheet.

ILW.COM Featured Article of the Day

Extension of 245(i) Helps Some Illegals
Cyrus D. Mehta writes that with the extension of section 245(i) an eligible individual can remain in the United States to obtain permanent residence through adjustment of status and avoid the 3/10 year bar.

Immigration News of the Day

Iranian Survives Health Crisis, Battle To Live In US
The Houston Chronicle reports the story of a young immigrant who came to US in order to receive medical treatment and his struggle to obtain permanent residency in the US.

ILW.COM Highlights of the Day

Major Time Saver for Attorneys
Read what attorneys Ann Pinchak, Greg Siskind, Cyrus Mehta and others have to say about the revolutionary Case Tracking System.

ILW.COM Chats and Discussions of the Day

Chat with Kevin Levine
Attorney Kevin Levine will answer questions on all aspects of immigration law on Monday, January 22, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the chat.

Classifieds of the Day

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to

Fragomen, Del Rey, Bernsen & Loewy is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022; fax 212-223-8757; email

THE SPEAKERS: This is a bench-bar panel coordinated by US Immigration Judge William Strasser and featuring three other Immigration Judges: Hon. Jeffrey S. Chase, Hon. Margaret McManus, Hon. Alan. A. Vomacka, and INS Assistant District Counsel Lisa Greenburg. Click here for details.

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