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Immigration Daily


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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 6, 2001
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Editor's Comments

The long-awaited regulation allowing regular labor certification cases to be converted to RIR cases has been published. The proposed regulation was published more than a year ago. The Department of Labor received comments on the proposed rule from AILA, ACIP, FAIR, a SESA and eight individuals. The DOL addressed the comments and adopted some of them. The final regulation, effective September 4, 2001, allows an employer to file a request with the SESA to have any application filed on or before August 3, 2001, to be processed as a reduction in recruitment request.


Deadline is Monday, August 6th!

The sign up deadline for ILW.COM's 3-part Seminar Series on H-1Bs presented by Angelo Paparelli and Stephen Yale-Loehr is 11.59pm on Monday, August 6th! Decide if you will benefit, read about the seminar series now!

For a detailed seminar syllabus, click here
For more information, or to sign up online, click here
For more information, or to sign up by mail/fax, click here

Tip of the Day

Improved Printing from ILW.COM

In response to requests from readers, ILW.COM has added a "Print this Page" feature to Immigration Daily pages. Some readers pointed out that it they used the "print" button on the browser, some words at the right hand side of the page would be lost. Clicking on the new Print this page will automatically remove all advertisements, sidebars, etc. and give you a plain text version of the page formatted to fit a standard sheet of paper. Print this page allows you to print the Daily, cases, Congressional Record, Federal Register, INS, DOS DOL items and featured articles to read when you are away from your computer and to save for future reference.

For pages which do not have the Print this page feature, we suggest the following solutions:

  1. Printing from your Internet Browser: Go to the "File Option" on the menu bar on either the Netscape or Internet Explorer then choose "Page Setup." Adjust the settings of the right and left margins to about 0.25 inches respectively. The top and bottom margins need not be adjusted. Hit "OK." Go back to your "File Option" and click on "Print" and then "OK."

  2. OR

    If this does not work for you, print the page in landscape format. To print in landscape mode open the print dialog box. It will have a "Properties" button. Click on it and change the orientation of the paper from "portrait" to "landscape." Hit "OK" and "print."

  3. Paste text into your word processor: In order to avoid printing our menu strip, place your mouse over the start of the article you want to print. Click down and drag your mouse to the end of the article while keeping the mouse pressed down. This should highlight the entire article. Now select the "Copy" menu item from the "Edit" menu of your browser. Start your word processor with an empty document. Select "paste." Now use the print function of your word processor.
  4. Highlight the text in Internet Explorer: Rather than copying and pasting the information into your word processor, many readers have found that they are able to highlight the relevant text and then select the "Print" menu item under the "File" pull down menu of Internet Explorer. After selecting the Print menu item, select the "Selection" radio button under "Print Range." Otherwise it will still print the whole document even if you have highlighted only a portion of it. The information should print out with the appropriate width and without cutting out any text. Unfortunately, this method seems to work only in Internet Explorer.

ILW.COM Featured Article of the Day

"A Moveable Feast": New and Old Portability under AC21 § 105 (Part VI)
Angelo A. Paparelli and Janet J. Lee in the sixth of their articles on H-1Bs discuss denial of H-1B petitions.

Immigration News

Conversion Reg for RIRs
The Department of Labor has published a final rule allowing employers to request reduction in recruitment processing for any labor certification case filed before August 3, 2001.

TPS Extended for Montserrat
The INS is extending the designation of Montserrat under the Temporary Protected Status (TPS) program until August 27, 2002.

Substantial Evidence to Deny Asylum
In Gonzalez-Godinez v. INS, No. 00-3922 (8th Cir. Aug. 3, 2001), the court concluded there was substantial evidence to support the decision to deny asylum because there was not evidence that the Guatemalan military considered Petitioner a subversive and no evidence the guerrillas would harm Petitioner if ne continued to refuse to join them. The court published the Appellant's brief and Appellee's brief.

INS May Withdraw Parole
The court in Sierra v. INS, No. 00-1379 (10th Cir. Aug. 2, 2001), determined that is had jurisdiction to hear Petitioner's habeas petition, but that Petitioner had been accorded due process when the INS withdrew his parole because of his fighting in prison.

INS FY 2001 June Statistical Report
The INS has issued its Monthly Statistical Report for the month of June 2001, including specific information on inspections, Southwest border apprehensions, immigration benefits, naturalization benefits, removals, investigations and asylum.

INS Fingerprint Policy
A memorandum from Michael Pearson, Executive Associate Commissioner, Office of Field Operations, sets forth the fingerprint waiver policy for all applicants for benefits and procedures for applicants whose fingerprint responses expire after the age range during which fingerprints are required.

LIFE Filing Address Updated
A memorandum from Michael Pearson, Executive Associate Commissioner, Office of Field Operations, provides the correct address for filing of Family Unity benefits under the LIFE Act.

Reaffirmation of Commitment to Protect Refugees
Sen. Leahy introduced S. 1311, a bill to reaffirm the United States historic commitment to protecting refugees who are fleeing persecution or torture.

Immigration Action in the House
Reports on H.R. 2277, to provide for work authorization for nonimmigrant spouses of treaty traders and treaty investors and 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 were filed and the Committee on the Judiciary, Subcommittee on Immigration and Claims held an oversight hearing on the US population and immigration.

Immigration Essays
Sen. Kennedy brings to the floor of the Senate essays from AILA and AILF's national writing contest on immigration.

Immigration in the Press

Immigration Policy Change in the Wind
The Boston Globe reports that Democratic leaders in Congress pushed their own comprehensive plan for an overhaul of immigration policy to stay ahead of President Bush.

ILW.COM Chats and Discussions of the Day

Chat with Kyle Kinzy
Kyle Kinzy will answers questions on all aspects of immigration law on Monday, August 6, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the beginning of the chat.

This Day in Immigration

From August 4, 2000

"Stealing a Car is a Theft Offense The Board of Immigration Appeals in In re V-Z-S, Int. Dec. 3434 (August 1, 2000), held that the taking of property constitutes a "theft offense" within the definition of aggravated felony under the Immigration and Nationality Act whenever there is a criminal intent to deprive the owner of the rights and benefits of ownership, even if such deprivation is less than total or permanent."

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

Be Part of a Winning Team! Bratter - Krieger, LLP, a S. Florida immigration law firm is expanding into new cities. We now have immediate needs for bi-lingual attorneys and paralegals with immigration experience for our Miami, Las Vegas, Phoenix, San Antonio, El Paso, Los Angeles and Durham, NC offices. All our team members receive an aggressive compensation package. Reply in confidence to Matthew Krieger -, fax resume to 305-695-4398 or call us at 1-800-946-0301.

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.

State Department Tightens Diversity Visa Lottery Photo Requirements. Steptoe & Johnson Law Firm and Sears Portrait Studios Team to Help Applicants at Immigration Lawyers: The State Department has just announced that it will require a passport-type photo for EACH family member to be attached to an application for this year's Diversity Visa (Greencard) Lottery, and an established American law firm and the nation's leading portrait studio have teamed to make application easy, reliable and affordable. A website developed by the 88-year old law firm of Steptoe & Johnson,, provides an online application process and a Sears Portrait Studio discount coupon for the required photos, valid at over 1,000 locations in the U.S., Canada and Puerto Rico. People without Internet access can call toll-free to 1-877-WIN-VISA to receive an application kit. The annual October lottery awards greencards to 50,000 aliens, entitling them to live and work permanently in the U.S. Last year the State Department rejected 3 million applications to the Diversity Visa Lottery for "failing to follow instructions." This year your clients can use and be sure their application won't be one of the millions rejected for mistakes. Applicants just answer questions on, and then print out and send their completed form and a passport-type photos to us, where we will check for accuracy and assure delivery to the Kentucky Consular Center for filing. The cost is only $45 for a single application, or $75 for a husband and wife -- comparable to that charged by so-called "submission service" firms. We ask applicants if they have an immigration lawyer, so we can notify you if your client wins. The website is currently in English, and very soon will also be available in German, Portuguese and Spanish Natives of all countries EXCEPT the following are eligible for this year's lottery: Canada, China (mainland born), Columbia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, South Korea, United Kingdom and dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, Taiwan and Northern Ireland ARE eligible. For more information, e-mail George E. Carenbauer, Responsible Attorney Steptoe & Johnson, PLLC.

IndianLawWorld.Com - Your e-lawyer in India, is the First Dynamic Portal on Indian Laws. It is a single, comprehensive destination for legal information and e-law services on the Web for those who need to be abreast of the legal updates on Indian Laws. The portal incorporates a vast collection of up-to-date legal information, including latest cases decided by the Supreme Court of India, duly categorized under Acts, Topics, Deciding Authorities, Judges, Date of Judgement etc. Besides, lots of other information's, the portal has a listing of over 200 major bare acts duly categorized for convenience of the users. Any one having any kind of business or other dealings with India cannot miss to be a member of http://www.indianlawworld.scom. For online membership, please logon to For any other information, please write to us at

Angelo Paparelli and Steve Yale-Loehr will conduct a three-part teleconference and e-mail listserv series titled On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr. The teleconferences will take place Wednesdays August 8, September 5, and October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. They are open to attorneys, employers, HR professionals and anyone else interested in the H-1B process and strategy. For more information or to register click here.

American Immigration Lawyers Association 2001 Fall CLE Conference "It's a Border Thing" September 14, 2001, La Mansion del Rio Hotel, San Antonio, Texas. Register before August 24, 2001, and save $$. Receive discounted hotel rates when you make hotel reservations by August 20, 2001. Visit the Conference section of to obtain registration and hotel information. Don't Miss This Exciting Conference!

Saturday, October 13, 2001, 9:00 a.m. to 1:00 p.m. at Ramada Inn, Fairfield, 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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Marc Ellis, Gary Endelman

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