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The leading
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Copyright
©1995-
ILW.COM,
American
Immigration LLC.


Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 25, 2002
Previous Issues


Editor's Comments

We reported in the March 21, 2002, issue of Immigration Daily that there was written guidance from Washington on about what constitutes a pattern of recruitment for reduction in recruitment (RIR) cases. ILW.COM has obtained a copy of the memorandum from Dale Zieglar regarding "Evaluating Reduction in Recruitment (RIR) Requests in an Environment of Increased Layoffs." The memorandum reminds regional certifying officers (CO) that:

the following, and not more, are required:
  • one print advertisement in a newspaper of general circulation or a relevant journal, plus
  • enough other activities to show evidence that a pattern of recruitment has been completed to adequately test the labor market for the occupation of the subject application. These may include a combination of:
    • job order with the state workforce agency
    • internal company recruitment activities
    • company and commercial internet web page ads
    • Community, college or other job fairs
    • private employment agency
    • additional print advertisements
The memorandum provides a sample of a letter COs should send If they have reason to believe that the employer-applicant firm may have laid off any workers within the last 6 months. If a CO has reason to believe that there have been layoffs by other employers that may involve the occupation involved in the employer-applicant's application subsequent to the test of the labor market, the CO should provide the employer with the option of publishing one additional advertisement consistent with the ad provided in the original RIR application, or requesting that the application be remanded to the state for regular processing. If the employer chooses to run the additional ad, the employer will be instructed that, after allowing a minimum of two weeks for US workers to respond, the employer is to submit a written result of this recruitment effort. The memorandum may lead to more consistency among regional offices in the handling of RIR cases.


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ILW.COM Focus

Law Is Not Just an Art, It Is a Business

Most lawyers really like their craft. They take pride in knowing the ins and outs of the tomes of government policy and procedure, and in using their knowledge to help their clients. However, law is not just an art, lawyers must pay bills too. Whether they like it or not, most lawyers run what amounts to a small business. To run a small business well lawyers need to know about marketing, finance, fee-setting, disaster management and many other business issues in addition to knowing the law. A well-run law practice which generates a good profit will in fact free up the time lawyers need to improve their expertise in law. Profits buy you peace-of-mind. However, just as it takes effort to become good at knowing and using the law, it also takes effort to learn how to make good profits in your law practice. Which is why ILW.COM invited Ed Poll to present a telephone seminar on the BUSINESS of law. Ed practiced law for 15 years, and has helped many lawyers (including immigration lawyers) to improve their profits. His advice has helped solo practitioners, small partnerships, and also large firms. This seminar is interactive and full of practical, hands-on tips. In becoming a successful businessperson, you not only help yourself, you also help your employees and customers. Running an efficient business and making a good profit will even free up the time you need to take up deserving cases pro bono. Please click on the links below to learn about this seminar series. Don't delay! The deadline to sign up is Tuesday, March 26th. Click on the links now! (If you have a scheduling conflict, or have any questions, please e-mail seminars@ilw.com for assistance.)

For more info, or to signup online, click here.
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ILW.COM Featured Article of the Day

The ABCs of Immigration - Student Visa Procedures
Greg Siskind and Amy Ballentine offer a step-by-step guide through the process of obtaining and maintaining student status.


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Immigration News

BIA Defines Torture
In Matter of J-E- 23 I & N Dec. 291 (BIA 2002) the Board of Immigration Appeals (BIA) determined that for an act to constitute torture it must cause severe physical or mental pain or suffering, must be intentionally inflicted, must be inflicted for a proscribed purpose, must be inflicted by or at the instigation of or with the consent of acquiescence of a public official who has custody or physical control of the victim and the act cannot arise from lawful sanctions.

Guidance on Evaluating RIRs
A memorandum from Dale Zieglar, Chief, Division of Foreign Labor Certification, provides guidance to regional certifying officer on evaluating reduction in recruitment (RIR) requests in an environment of increased layoffs. [Courtesy of Roxanna Bacon].

Relief for Central Americans
Rep. Davis introduced the Central American Security Act (CASA) which would give Salvadorans, Guatemalans and Hondurans the same opportunity to adjust their immigration status that Congress extended to Nicaraguans and Cubans in 1997.

Support for Bill to Fire INS Employees
Rep. Issa spoke in favor of H.R. 4009, a bill to increase the authority of the Attorney General to remove, suspend, and impose other disciplinary actions on, employees of the INS


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Immigration in the Press

Four Pakistanis Missing After INS Wrongly Let Them Enter Country
According to Fox News an INS inspector granted four Pakistanis "shore leave visa waivers," which allowed them to come ashore even though they had not been granted visas for entry into the US even though after September 11 the INS issued a directive specifically denying Pakistani crew members shore leave or "admission as crewman."

Bush Won't Get Bill Giving Aliens Amnesty
The Washington Times reports that Senate Democrats have postponed action on 245(i), denying President Bush a chance to announce the accomplishment during his trip to Mexico.


ILW.COM Chat

Chat with Alice Yardum-Hunter
Attorney Alice Yardum-Hunter will answer questions on all aspects of immigration law on Monday, March 25, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.


Letters to the Editor

Dear Editor:

Undoubtedly, the allegory of the supermarket line to 245(i) is amusing but not quite accurate. The assertion that those availing of 245(i) somehow cut in line just as one does in a supermarket reflects a misunderstanding of this section of law. Most detractors argue that those who break the law by EWI should not receive any benefits at the cost of those who enter legally. But many legal "overstays" similarly benefit from 245(i).

The assumption that individuals entering EWI are more prone to committing criminal acts is also flawed. It can be argued that these individuals are more honorable than those who intentionally mislead or lie about their immigrant intent in order to receive a visa.

Clearly, all these arguments are counterproductive and unnecessary. Such distinctions between immigrants is not conducive to establishing a viable immigration policy. The assertion that some are "cutting in line" is totally inaccurate. The Visa Priority system is in no way effected by 245(i). The best way to resolve the problem is to get rid of the line or at least reduce it in length by adding more visa numbers.

Mike Razi
Attorney At Law
Los Angeles

Dear Editor:

"Honza" Jan Prchal's March 22, 2002, letter argues for a utilitarian-based immigration policy. Of course, Mr. Prchal's proposal curves out a comfortable exception for immigrants, like himself and his family, fleeing "real" persecution.

I am a practitioner in Northern California, and I don't pretend to have an universally acceptable answer to the 245(i) dispute. I can say that my clients continue to feel the benefits and pains of the prior 245(i) implementation. There have been hindrances, and some of the delays have been grotesque. The problem lies not with the policy compromises which spawned 245(i), but with the lack of resources and poor implementation. I don't believe that anyone likes the current visa processing system. And, yes, these "mini amnesty" programs tax an already overburdened system. But, long lines, backward regulations, unreasonable delays and poor customer service plagued the INS long before the 245(i).

The United States is bordered by two allies: Canada to the North and Mexico to the South. Many of my clients are Mexican or Central American, and have entered the US, often illegally, to avoid economic hardship, war, civil disturbances or persecution. I suppose if America bordered the former Soviet Bloc things would be much different. Those immigrants would brave war, starvation and persecution awaiting proper approval before venturing into this global haven. Let's not be too unrealistic! If this hypothetical were true, Mr. Prchal's nationality might be El Salvadoran, Guatemalan, Argentinean, Colombian or Peruvian.

Illegal entries and visa overstays are problems -- after September 11th, more than ever! In searching for a solution, I trust Congress considers national security, humanitarian, economic, social and political factors. The same facts in slight different proportion control policy decisions concerning refugees and asylees. The issues are bound together because their solutions derive from a common set of political values. Change one, and the other is changed, with one exception. In the never ending economic race, I believe the legalization/amnesty programs hold more promise than asylum.

Jonathan R. Tyrell


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Classifieds

For information on advertising in the classifieds please click here.

BUSINESS IMMIGRATION SEMINAR
"WHAT GOES UP, MUST COME DOWN!" A Business Immigration Seminar specifically designed for Corporate Immigration Personnel and Immigration Attorneys. Thursday, April 11, 2002, from 9:30 a.m. - 4:00 p.m. Cadence Design Systems, Inc. - The Pebble Beach Room 2655 Seely Avenue (near River Oak Drive), Bldg. #5, San Jose, CA. For details and registration form click here.

LEGAL TRAINING SEMINAR
The Midwest Legal Immigration Project is continuing its endeavor to provide basic immigration legal training to attorneys and paralegals practicing immigration law, or who wish to begin the practice of immigration law. Our next intensive week long basic legal immigration training seminar is scheduled for May 13-17, 2002, at the Marriott Hotel in downtown Des Moines. The seminar is co-sponsored by the Immigration Legal Resource Center of San Francisco. Successful graduates will receive assistance in applying for BIA accreditation if they wish. The seminar is accredited for 30 hours of CLE and 2 hours ethics for attorneys. The Marriott Hotel is offering sharply discounted rooms for $49/night plus tax. Call 1-800-228-9290 for room reservations and mention the immigration legal training seminar. For more information, call Jim Benzoni at 515-271-5730; fax 515-271-5757; or e-mail benzoni_law@attglobal.net.


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 editor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.
Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2002 American Immigration LLC, ILW.COM


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