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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
June 28, 2001
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Editor's Comments

The INS has issued a memorandum titled "Initial Guidance for Processing H-1B Petitions as Affected by the 'American Competitiveness in the Twenty-First Century Act.'" The download and printing times for this file may be quite long. The memorandum clarifies some issues that were not addressed in the text of the AC21 or ACTA statute. Under section 104 H-1B holders who are beneficiaries of approved I-140s but can not file for adjustment because of the quota can apply for extensions of H-1B status beyond the six-year limit. These extensions will be made in three year increments. H-4 dependents are also eligible for the extensions beyond the six-year limit. The INS is formulating a proposed regulation to address section 105 portability issues. The Service expects to propose a rule which will allow a reasonable period of time, perhaps 60 days, to allow H-1B holders who are not longer working for the initial H-1B employer to begin working for a new H-1B employer. For section 106 employment with an employer other than the original petitioner but in the same or similar occupation, the memorandum states the applicant should obtain a letter from the new employer with the job title, job description and salary. To determine whether the new job is in the same or similar occupation classification, the adjudicator should rely on the the DOT the O*NET classification system of similar publications.

The California Service Center Processing Times have been updated.

Tip of the Day

Immigration Daily Searchable Archive of Past Issues

Immigration Daily maintains a searchable archive of past issues. Did you miss an issue of the Daily? Have you tried to go back and locate a case or notice from the federal register only to find you had deleted thee-mail? Are you a recent subscriber who wants to know what you missed in the earlier issues? All past issues of Immigration Daily are archived by date. You can also use the search function to search the digest portion, the original source documents or both. Coming soon will be improved search capabilities to help you refine your search further. Old issues of the Daily do not die, they just get archived. And unlike many on-line publications we do not require subscription or registration for access to the archive. Just like the e-mail subscription the archive is available to anyone who is interested-for free!

ILW.COM Featured Article of the Day

Failure to Exhaust Remedies Bars Ninth Circuit Review of Claim of Due Process Violation by Immigration Judge
Carl R. Baldwin writes about the recent 9th Circuit decision in Sanchez-Cruz v. INS, No. 99-70044 (9th Cir. June 25, 2001).

Immigration News

Comment Requests on Affidavit of Support
The INS has published comments requests on the I-864 Affidavit of Support, I-864A Contract Between Sponsor and Household Member and I-865 Sponsor's Notice of Change of Address. No sample forms were published in the federal register.

Failure to Advise on Immigration Consequences not Ineffective Assistance of Counsel
In Chiem v. Wells, No. 00-382-P-C (D. Maine June 21, 2001), the Magistrate Judge recommended that Petitioner's writ of habeas corpus on the on the grounds of ineffective assistance of counsel for failure to advise of the immigration consquences of a guilty plea be dismissed.

Denial of Benefits Due to Immigration Status
Rep. Ortiz speaks of women and children in America being denied vital medical and food benefits because of immigration status especially along the southwest border of the US.

Benefit Protection for Legal Permanent Residents
Rep. Reyes speaks of women and children in America being denied vital medical and food benefits because of immigration status especially and expresses support for the "Healthy Solutions for America's Hardworking Families" package developed to provide critical health, nutrition, and protection benefits to legal permanent resident children and women.

Mark up of Immigration Bills
The House Subcommittee on Immigration and claims was scheduled to mark up H.R. 2278, to provide for work authorization for nonimmigrant spouses of intracompany transferees, and to reduce the period of time during which certain intracompany transferees have to be continuously employed before applying for admission to the US, H.R. 2277, to provide for work authorization for nonimmigrant spouses of treaty traders and treaty investors, H.R. 2276, to amend the illegal Immigration and Immigrant Responsibility Act of 1996 to extend the deadline for aliens to present a border crossing card that contains a biometric identifier matching the appropriate biometric characteristic of the alien, and H.R. 1840, to extend eligibility for refugee status of unmarried sons and daughters of certain Vietnamese refugees.

Cosponsors for 245(i) Extension
Sens. Landrieu and Lieberman were added as cosponsors of S. 778, a bill to expand the class of beneficiaries who may apply for adjustment of status under section 245(i) by extending the deadline for classification petition and labor certification filings.

Bills Reported to House from Committee
The House Committee on the Judiciary ordered reported H.R. 2137, Criminal Law Technical Amendments Act of 2001, and H.R. 1892, the Family Sponsor Immigration Act of 2001.

Immigration in the Press

Flood of Deportation Cases Predicted
The Houston Chronicle reports that Federal prosecutors predict that the recent Supreme Court decision allowing legal immigrants to appeal federal court deportation orders for criminal convictions will affect an already burdened system.

From Bahrain to Vegas: The Tale of a Marine and His Princess
Fox News follow the story of the Bahraini princess who left her homeland to marry a US Marine.

INS to Allow Grace Periond for H-1Bs
According to the Washington Post the INS, prodded by immigration activists and corporate America, said it will issue new guidelines this summer to give highly educated foreign workers who have lost US jobs a grace period in which to find new work and stay in the country.

This Day in Immigration

From June 28, 2000

"EB-5 Immigrant Investors Stephen Yale-Loehr, Esq., Co-chair American Immigration Lawyers Association Investors Committee 1998-2000, writes about the EB-5 immigrant investor category in this article which originally appeared in the American Immigration Lawyers Association 2000-01 Immigration & Nationality Law Handbook."

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:


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 to meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its ATLANTA, NEW YORK, NEW JERSEY,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 or

INSTACASE.COM, the FREE online Legal Journal, provides headnoted case digests to the most recent case decisions. INSTACASE provides concise and comprehensive case summaries so you can evaluate each case quickly, with links directly to the full text of the case. INSTACASE also has a Daily Email Delivery service, iGest, which delivers to the headnoted summaries to your email every morning, keeping you up to date on changes in the law. Stay one step ahead. .

Employers and attorneys for employers can now electronically complete a form I-9 (employment eligibility verification) via LOOKOUT SERVICES INC. at Get tips and alerts to guide employers through the I-9 compliance maze. We track employment eligibility expiration dates and provide three (3) prior notices of expiration dates beginning four (4) months in advance. Notices will be provided to employer directly or to the attorney for employer. With LOOKOUT SERVICES INC., employers have peace of mind that company I-9 forms are in compliance. Use our internet based software to complete an I-9 at the time of hire or audit an existing I-9. Call today to receive a password & user i.d. or for a demonstration. Call toll free 1-888-522-6704.

Saturday, June 30, 2001, 9:00 a.m. to 1:00 p.m. at DoubleTree Suites, Falls Conference Center, Mt. Laurel, NJ. A panel of experienced immigration lawyers and paralegals will explain how the administrative system operates and present the information you need to handle basic immigration matters. You’ll also hear directly from several agency representatives about the procedures you need to follow when dealing with these agencies. For details click here.

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.
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Editorial Advisory Board
Marc Ellis, Gary Endelman

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