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Immigration Daily


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Immigration Daily October 7, 2002
Previous Issues
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Editor's Comments

The Senate passed the 21st century Department of Justice appropriations authorization act - conference report, which had already been passed by the House of Representatives. This measure now goes to the President for signature into law. The bill contains a legislative fix to Matter of Izumii in EB-5 cases, extends H-1B status for the 7th year for aliens whose labor certification applications were filed before the end of the 5th year in H-1B status, and makes the Conrad-20 program into the Conrad-30 program.

Immigration Daily readers may want to note that Rep. Lamar Smith (R-TX) was the House sponsor for the H-1B provision of this bill, which provision is surely most welcome to immigration attorneys throughout the country. (For more on Rep. Smith's comments on this provision, please click here.) During his tenure as Chair of the House Immigration Subcommittee from 1994 to 2000, Rep. Smith was well-known for opposing much pro-immigration legislation. In his day, Rep. Smith was possibly a greater foe of immigration than Rep. Tancredo is today. The obvious and natural questions are: What happened since then? Why did Rep. Smith change his position? The answer can be summarized in one word: re-districting. Rep. Smith's new post-2000 census district includes several large technology employers, including Dell Corporation. Employees of these corporations are the primary beneficiaries of the 7th year extension. In our system of elected government, constituents shape the views of their representatives in large measure. As a newspaper story below notes, both the Republican and the Democratic nominees to the election for Colorado's 7th district support Rep. Tancredo's views on immigration. In large measure, therefore, congressional representatives' views on most issues are neither personal, nor partisan. If, after the 2010 census, Rep. Tancredo starts singing a pro-immigration tune, we will not be surprised.


INS/DOL/DOS Seminar Deadline Is Friday, October 11th

ILW.COM's seminar course "INS, DOS, DOL - The Search for Consistency" features Jacqueline Bednarz (INS), Steve Fischel (DOS) and Harry Sheinfeld (DOL). Leading the discussion will be distinguished practitioners Ron Klasko and Tammy Fox-Isicoff who are justly reputed to be dynamic and incisive speakers. Each of the seminar course's 3 sessions features 30 minutes of Q&A with the speakers.

Many complex immigration issues require resolution with more than one government agency. Examples include H-1B and adjustment portability, 245(i) labor certification grandfathering, ACWIA issues, 212 waiver issues, changes in location or salaries of H-1Bs, changes from adjustment of status to consular processing, substitution of experience for education, J-1 issues and consular readjudication of approved petitions.

Many opportunities exist to ask the INS or the DOL or the DOS for that agency's position on particular issues. However, this seminar is a rare opportunity to confront three of the most knowledgeable government officials in one forum to resolve issues where their respective agencies have taken contrary or inconsistent positions.

The following is the curriculum for "INS, DOS, DOL - The Search for Consistency"

FIRST Phone Session on September 10, 2002: DOL/INS Issues
This session will deal with DOL and INS positions on cutting edge issues including:

  • Start date of H-1B employment where issuance of social security number delayed
  • 245(i) grandfathering based on withdrawn or denied labor certification applications
  • Effect of concurrent filing on labor certification substitutions
  • Impact of leaves of absence on H-1B aliens and employers
  • Effect of changes in employer structure, job description full-time status, salary and location of employment on LCA, I-129, ETA, I-140 and I-485

SECOND Phone Session on October 16, 2002: DOS/INS Issues
This session will deal with DOS and INS positions on cutting edge issues, including:

  • Child Status Protection Act
  • Concurrent adjustment/consular processing issues
  • Consular readjudication/revocation of INS-approved petitions
  • 3 and 10 year bar waivers
  • Travel by H-1B portable aliens
  • Who is subject to the two-year return requirement?
  • Accompanying or following to join

THIRD Phone Session on November 20, 2002:

  • Summary of DOL/INS/DOS positions on cross-agency issues
  • Hot Issues at DOL, INS and DOS
  • Impact of formation of Homeland Security Department on DOL, INS, DOS
  • Post-election legislative forecast for the new Congress
  • 2003 - a look ahead
Speakers for this seminar series include:

Jacqueline Bednarz, Special Assistant to the Executive Associate Commissioner for the Office of Policy and Planning of the Immigration and Naturalization Service in Washington, D.C.

Steve Fischel, the Director of Legislation, Regulations and Advisory Assistance in the visa office of the Department of State.

Harry Sheinfeld, Litigation Counsel in the Employment and Training Legal Services Division, Office of the Solicitor, at the U.S. Department of Labor.

For more info, including registration information online, click here.
For more info, including registration information by fax, click here.

Featured Article

H-1B Series: The H-1B Beneficiary's Required Qualifications, Part 4
George N. Lester IV continues a detailed discussion on the qualifications for H-1B beneficiaries.

ABA Series: A Legal Guide For INS Detainees
The Commission on Immigration Policy, Practice and Pro Bono of the American Bar Association provides the 6th of 8 parts of its Legal Guide for INS Detainees.

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:

Immigration Law News

Sen. Brownback On J-1 Visas
Sen. Brownback (R-KS) spoke on J-1 visas during the debate preceeding the Senate's passage of the Department of Justice Appropriations Conference Report.

Immigration Court Procedures In San Antonio
The Executive Office for Immigration Review of the Department of Justice published local operating procedures for the Immigration Court in San Antonio, TX.

Definition of "Aggravated Felony" Is Retroactive
In Chukwuezi v. Ashcroft, Nos. 01-2575, 01-2863 (3rd Cir. Oct. 4, 2002), the court said that the definition of "aggravated felon" as revised by AEDPA and IIRIRA was applicable to Petitioner even though he committed his offense before the definition of "aggravated felony" was changed, and said that the Petitioner was not eligible for 212(c) relief even at the time he was interviewed by the INS in 1995, since at that time, he had established only four and a half consecutive years of lawful unrelinquished domicile.

EOIR Seeks Comments
The Executive Office for Immigration Review of the Department of Justice sought comments on Application for Suspension of Deportation.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Republican And Democrat Support Rep. Tancredo
The Lakewood News reports that both the Republican and Democratic contenders for Colorado's 7th district support Rep. Tancredo's "tough stance on immigration."

Former INS Acting Assistant District Director Sentenced
The San Francisco Chronicle reports that the acting assistant director for the INS in San Francisco until he retired "has been sentenced to six months in a halfway house and six months' home detention for fleecing undocumented workers of nearly $5,000 in bogus fees."

How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to:, include your phone #.


Help Wanted: Research And Writing Attorney
The Law Office of Martin Resendez Guajardo, San Francisco, California is seeking an experienced attorney to serve as a Research and Writing Attorney in a wide variety of complex immigration litigation issues, in District Court and in the Court of Appeals relating to deportation defense. Excellent academic credentials and at least four years minimum of direct responsible experience in a firm which specializes in immigration law are required. The applicant must be an active member in good standing of the Bar. Salary depends on experience. You must submit a detailed resume with cover letter in order to be considered for this position. You may fax your resume to (415) 398-4862 or forward via E-mail to Applicants are screened based upon their relevant knowledge, abilities, skills, and experience. Due to the volume of applications received, generally, only applicants selected for further consideration and interview will be contacted. No telephone inquiries.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
How about a book review section beginning with Michelle Malkin's book "Invasion"?

Name Not Supplied

Editor's Note: Immigration Daily carries book reviews as part of the Featured Article section. We recently carried a Book Review of Carl Baldwin's book "Immigration Questions And Answers (3rd Edition)." Please send book reviews to for consideration for publication. We prefer reviews of books on immigration law, but we will occasionally carry reviews of books on other immigration-related subjects. We prefer (but do not require) that reviewers be immigration attorneys.

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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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