Editor's Comments of the Day
One hundred days into his presidency, George Bush has named a nominee to be INS Commissioner. James W. Ziglar has been Sergeant at Arms and Doorkeeper of the Senate since October 15, 1998, where the highlight of his service may have been escorting the House prosecutors single file into the Senate chamber for President Clinton's impeachment trial. Mr. Ziglar has a total of 23 years of experience as an investment banker and lawyer. In addition to his experience in the private sector, he has served as Assistant Secretary of the Interior for Water and Science (1987-1988), in which capacity he directed the operations of the Bureau of Reclamation, the US Geological Survey, and the Bureau of Mines. Earlier, Mr. Ziglar served variously as an aide to United States Senator James O. Eastland, as a legislative and public affairs officer at the Department of Justice, and as a Law Clerk to Supreme Court Associate Justice Harry A. Blackmun. There are serious challenges facing Mr. Ziglar at the INS not least of which are the long processing times which may be exacerbated by the 245(i) filings. We wish Mr. Ziglar luck in the position should he be confirmed by the Senate. He will need it.
The processing times for the California Service Center have been updated.
Tip of the Day
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ILW.COM Featured Article of the Day
LCA Violation Claims Must be Pursued Through Administrative Enforcement Mechanisms
Shea Lukacsko of Grotta, Glassman & Hoffman, P.A., writes about Shah v. Wilco Systems in which an H-1B holder sued his employer and the court found LCA violation claims must be pursued through administrative enforcement mechanisms.
Cases of the Day
Found in US a General Intent Offense
In US v. Berrios-Centeno, No. 00-20373 (5th Cir. Apr. 27, 2001), the court held that being found in the United States after having been deported is a general intent offense and that an indictment charging the defendant with having been deported and subsequently found in the US sufficiently alleged the general intent mens rea.
INS News of the Day
Bush Nominates Ziglar to be INS Commissioner
In a press release from the White House President George W. Bush announced his intention to nominate James W. Ziglar to be INS Commissioner. Attorney General Ashcroft welcomed Ziglar as White House nominee.
Immigration News of the Day
Workers, and Bosses, in a Visa Maze
An article in the New York Times [registration required] looks at the H-1B program and the dilemmas currently facing H-1B workers and employers.
Letters to the Editor
To the Editor:
Here's a tip for all practitioners: Topic: the defensive practice of law. On Tuesday the 1st don't discard your notes and memos re consultations with prospective 245(i) clients who, for one reason or another did not retain your services. With the chaos/confusion of the past month or two, I expect that some disgruntled non-filing non-clients will claim that "their attorney was taking care of everything" or some such. So, as a defensive cover your you-know-what approach, I suggest keeping some detailed records as to each and every person seen, regardless of how far the representation extended. Lastly, as a charter subscriber I continue to enjoy your timely and interesting newsletter. Keep up the good work. Cheers!
New York City
The Office of Inspector General's finding that INS could not account for $69 million worth of property signals how incompetent middle and upper management of the agency stands. It appears required paperwork to ensure the safeguarding of property, paid for by taxpayers, is little or no concern to these highly paid officers, yet the paperwork required by the INS for all types of immigration applications has to be exacting, confirms the double standards of INS. I have long suspected that the complicated chain of command within INS is responsible for the day to day mismanagement, not only of property and equipment, but of all immigration applications. The splitting of the agency cannot come soon enough and Senator Ashcroft must set a date for this process to happen. The $69 million loss must be reflected in the down-sizing of top-heavy middle management, for it appears many cannot handle their job roles responsibly. In nearly every other quarter of corporate America, such incompetencies would not be tolerated. The application of simple technology could have prevented this loss of property and equipment theft.
Classifieds of the Day
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HELP WANTED: CORPORATE IMMIGRATION PARALEGALS
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 to meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its NEW YORK, NEW JERSEY, STAMFORD and CHICAGO offices. 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 or fax 212-750-1121
PLI IMMIGRATION PROGRAM
The Practising Law Institute, a not-for-profit Continuing Legal Education Organization offers a program on Basic Immigration Law at PLI Conference Center, 810 Seventh Avenue at 53rd Street, 20th floor, New York City on Tuesday, May 1, 2001, from 9:00 a.m. - 5:00 p.m. For details click here.
FAMILY-BASED IMMIGRATION CONFERENCE
On Friday May 18, 2001, the Philadelphia Chapter of the American Immigration Lawyers Association will host "It Takes a Lawyer: Representation of Families in Nonimmigrant and Immigrant Visa Proceedings Before the INS, State Department and Immigration Court" Topics to be covered include Ethics, Nonimmigrant Visas for Family Members, Waivers, Litigating Family Based Immigration Issues, Affidavits of Support, Consular Processing, VAWA issues and Bona Fide Marriages. For registration information, please call Valentine Brown at 856-384-9902.
CONFERENCE ON IMMIGRATION LAW
2001 AILA Annual Conference on Immigration Law June 20-24, 2001, Marriott Copley Place & Westin Copley Place Boston, Massachusetts.
The Preeminent Law Symposium on Immigration and Nationality Law With an expert faculty and cutting edge programs, the AILA Annual Conference is an unbeatable continuing legal education symposium in terms of scope and value. This event brings together thousands of immigration law practitioners, leading immigration law experts, government officials, and other legal professionals from around the country. Participants spend three and one-half days attending educational sessions and workshops focusing on the latest developments and issues in immigration and nationality law. Attendees can develop their own individualized CLE conference by choosing courses from a wide variety of programs: Core Curriculum, Substantive Practice, Special Mini Tracks, Mock Hearings and Interviews, Litigation Skills Training, Practice Roundtables and Government Agency Open Forums. For detailed program information, and registration forms, please visit the conference portion of the AILA Web site at www.aila.org. American Immigration Lawyers Association, 918 F Street, NW, Washington, DC 20004, Tel: (202) 216-2400, Fax: (202) 371-9449. Contact: Conference Department or E-Mail firstname.lastname@example.org.
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