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Immigration Daily


Chinese Immig. Daily

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Immigration Daily April 14, 2003
Previous Issues
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Editor's Comments

Articles In Immigration Daily

ILW.COM publishes articles on any aspect of immigration law. We encourage the submission of articles from attorneys, paralegals, professors, scholars, human resource managers and anyone effected by immigration law. We will not publish something we know to be factually inaccurate. Beyond that, we actively seek a variety of opinions and viewpoints. Articles do not have to be footnoted as though we were a traditional law journal. The length of an article is best determined by the subject it covers. Some topics can be covered in a few paragraphs, while others may require many pages. An advantage of electronic publishing is the flexibility to carry articles of any length. With over 11,000 subscribers to the e-mail version, having an article published in Immigration Daily is an economical way to express yourself, share your knowledge, and gain recognition in the field. Send articles in electronic format to


Curriculum For Labor Cert Phone Seminar

Seasoned practitioners of the art and science of labor certification know that we immigration lawyers face the toughest times in our collective memory:

  • Industry and employer layoffs have made Reduction in Recruitment a burdensome and seemingly snail-paced process.
  • Regional variations in policies and practices among the several Certifying Officers can trip up even the most accomplished immigration lawyers.
  • The lack of agency funding and the still-to-be processed 245(i) cases have created backlogs in standard and RIR cases for as far as the eye can see.
  • New legislation allowing H-1B extensions beyond six years cause us to puzzle over the choice of RIR or standard labor certification.
  • Against this backdrop, we fret over the as-yet unpublished PERM final rule. The latest predictions from the Labor Department are that a final or interim final PERM rule will be published in July and effective by October, 2003.
  • How can practitioners best prepare cases in the current economic environment?
  • How should we gear up for PERM?

Topics will include:

  1. Prevailing Wage issues:
    • Level 1/Level 2 and jobs in the mid-level range
    • Area of intended employment
    • Crosswalk and Reverse Crosswalk Issues and the grouping of DOT positions as transferred to the OES
    • Applying the TEGL: Perspectives of the Regions, SWAs and practicing attorneys

  2. RIR Issues:
    • Differences between the SWA and the Region
    • Labor certifications for IT jobs: Myth or Reality?
    • Aftermath in the Regions of the Ziegler I and II memoranda involving layoffs in the industry or by the sponsoring employer
    • Employer burdens in responding to the flood of resumes from unqualified applicants, and the resultant extra work in preparing the recruitment report: How much detail is required?

  3. Backlog reduction measures:
    • What steps are the Regions and the SWAs taking in advance of the PERM rollout?

  4. The PERM Rollout:
    • What's going to happen and when?
    • What will happen to related occupations?
    • What will happen to university degree requirements for certain positions involving a combination of education and experience?
    • How will Schedule A be affected?
    • Will business necessity survive?

  5. Potpourri of other issues:
    • The status of "Or equivalent" today after Chintakuntla
    • Inconsistencies among adjudicators in the same Region
    • Increased NOFs at some Regions.

For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see:
For all the above by fax, please see:

Featured Article

From The Beginning: Agile Immigration Advocacy For New Businesses: Part 1 of 3
Susan K. Wehrer and Angelo A. Paparelli discusses "a potpourri of immigration issues that may be relevant to a company in the initial stages of creation and will offer general guidance on possible immigration strategies for company principals and key employees."

A Legal Guide For INS Detainees: Finale
The Commission on Immigration Practice, Policy, and Pro Bono of the American Bar Association offers a detailed guide at how to petition for release from indefinite detention (130 pps).

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:

Immigration Law News

Senate Increases DHS Budget
The Senate amendment, Function 750, assumed $5.6B in discretionary funds in 2004 for the Bureau of Customs and Border Protection (BCBP), an increase of $800 million (16.7 percent) more than in 2003. For the Bureau of Immigration and Customs Enforcement (BICE), the Senate amendment assumed $1.4B for 2004, an increase of $0.3 billion or 26 percent more than in 2003.

Macau Allows INS Personnel To Station At Macau International Airport
The Department of State reports that Macau authorities allowed INS personnel to be stationed at Macau international airport as US Immigration Control Officers.

IJ Overreached And Speculated
In Tang v. Ashcroft, No. 02-2874 (3rd Cir. Apr. 4, 2003), the court found that the "record was bereft of evidence, much less "substantial evidence," to support an adverse credibility determination." The court said that "its review of the record revealed that the Immigration Judge's conclusions regarding the implausibility of Petitioner's testimony as to certain issues were premised on inferences, assumptions, and feelings that ranged from overreaching to sheer speculation." The court also said that Petitioner's employer's "foreign" status should never have been deemed an indicator that it was a company owned by or associated with the government of the People's Republic Of China because a corporation incorporated in New York is properly termed a foreign corporation in New Jersey.

BIA's Decision That Petitioner Failed To Establish Refugee Status Is Supported By Substantial Evidence
In Awad v. Ashcroft, No. 02-9534 (10th Cir. Apr. 8, 2003), the court said that it discerned no abuse of discretion in the Board of Immigration Appeal's (BIA) refusal to reopen based on the evidence that three of the exhibits could have been submitted at the former hearing, and the last exhibit was excluded because it was unsworn and lacked appropriate indicia of reliability.

Sierra Leone National's Petition For Review Denied
In Davies v. INS, No. 02-1753 (4th Cir. Apr. 9, 2003), the court said that substantial evidence supported the Board of Immigration Appeal's (BIA) decision that Petitioners' failure to notify the INS of address changes was willful and not reasonably excusable; the Petitioner had asked for suspension of deportation and voluntary departure.

No Abuse Of Discretion Found
In Kassa v. INS, No. 02-1786 (4th Cir. Apr. 9, 2003), the court said that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying the motion for reconsideration of Petitioner's application for asylum and withholding of deportation.

Decision To Fire Immigration Inspector For Falsifying Time Sheets Upheld
Government Executive reports "The Merit Systems Protection Board (MSPB) upheld the Justice Department’s decision to fire an immigration inspector for falsifying time and attendance sheets." "While careless bookkeeping or oversight could reasonably explain a few instances of timekeeping errors, it could not account for that volume," the MSPB ruling stated.

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Credential Evaluation And Translation Service
American Evaluation and Translation Service, Inc. (AETS) is the industry leader in foreign credential evaluations and translations. AETS provides the most competitive rates in the industry - $50 educational evaluations and $200 work experience evaluations completed by PhD university professors, who have the authority to grant college level credit for work experience and/or training. AETS offers a variety of turn-around times, including same-day educational and work experience evaluations. For a complete list of their prices and turn-around times, please see: Additionally, AETS provides expert translations in over 75 languages, with translators that are specialists in over 80 fields. For a copy of the application for credential evaluation and translation services, please contact AETS at (786) 276-8190, visit the website at, or send AETS an email:

Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients?
USADWEB, LLC is the premier ad agency designed with the immigration attorney's needs in mind. Our job is to make your job easier. Our knowledgeable staff has experience with all types of recruitment media including newspapers, journals, Internet, college recruitment and more. We will provide you with expert guidance on placing advertisements and the lowest costs available from any publication. We offer one stop service and accountability for the entire advertisement recruitment effort. Our job is done only when we have mailed your client's tearsheet or affidavit to you. You can leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: We will help you establish a recruitment pattern that is acceptable to the Department of Labor (DOL). Simply describe your advertisement needs to us, and we will work hard to satisfy those needs. We offer a wide range of services and bring to the table expert knowledge in DOL compliant advertisement. We work with you to help assure your certifications. Have you been asked to re-advertise based on industry layoffs? With only 35 days to respond to the DOL, you need tearsheets quickly. We make these situations simple and easy for you by providing prompt, efficient service and aggressive follow-up with publications to help ensure you get what you need to complete your case in timely fashion. Regular Labor Certification (RLC) Advertisements: Labor issues are constantly changing. With layoffs prevalent in many industries, many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing SWA (SESA) advertising instructions and placing advertisements. We will proofread your advertisements and place them promptly in the next available publication as SWA instructed. Give us a chance to handle your clients' recruitment needs. We will impress you! Please visit our website at: For more information, please contact us via email at: or call us at 1-866 USADWEB (1-866 872-3932).

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
SJD's letter to the editor lays the errors of fact in Mr. Bennett's quotes which appeared in the Chicago Tribune's news item, Congress Takes on H1B visas. However, they more correctly should be laid at the feet of proponents of increased H1-Bs, who have for years been misrepresenting the program to the public. Prior to the increase in the cap in 2000, I heard more than one proponent misrepresent the program as being for "temporary workers" who were the "best and the brightest". This was the theme presented by Senator Spencer Abraham, from my home state of Michigan, and one which I eagerly corrected in a letter to the Lansing State Journal before his failed re-election bid. The public should know that the program generally ends in the permanent addition to our job market of hundreds of thousands of foreign workers, and that, contrary to the original intent of the program, these workers need only have mediocre backgrounds. The public should also know that the General Accounting Office has documented large-scale fraud in the program by both employers and employees. SJD can be sure that proponents of the program also hide or misrepresent the fact that the H1-B program does not require that employers show an honest attempt to fill the job with Americans, or even to give them preference in the event of layoff.

Ali Alexander

Dear Editor:
The following press release was released on behalf of Rep. Roybal-Allard (D-CA).

Congresswoman Roybal-Allard, along with Congressman Chris Cannon (R-UT) and Congressman Howard Berman (D-CA), announced an action week in support of their bill, the Student Adjustment Act, at a press conference on Capitol Hill at 12 noon on Thursday, April 10. Cecilia Muņoz, Vice President of the National Council of La Raza (NCLR), and an immigrant high school student from Maryland also participated. The week of April 12th through April 18th is a National Week of Action to support immigrant students' aspirations to complete their education and obtain legal status. The week is being planned by numerous national, state, and local organizations from all regions of the country. Activities will include rallies, press conferences, and visits with Members of Congress to build support for the Student Adjustment Act and its Senate companion bill, the DREAM Act. The Student Adjustment Act would help immigrant students to attend college by granting them immigration relief and allowing states to offer them in-state tuition rates if they qualify for state residency. It is estimated that thousands of undocumented immigrants currently reside in the United States and attend public elementary and secondary schools. These long-term residents graduate from U.S. high schools, but due to their undocumented status, face greater challenges in obtaining a college education. The Student Adjustment Act would provide relief to these students who, through no fault of their own, were brought here illegally by their parents and have lived in this country for at least five years. "The Student Adjustment Act is needed because thousands of talented qualified children are unable to receive a college education," said Roybal-Allard. "As a result, our country is losing the benefit of their talent and potential contributions. This legislation is especially important now when the nation is experiencing a shortage of qualified professionals in careers such as nursing, teaching and computer engineering." Currently, colleges and universities are not expressly barred from admitting undocumented immigrants and therefore make enrollment decisions on a case-by-case basis. If they do enroll an undocumented immigrant, the student is charged out-of-state or international tuition rates, even when the student has met the in-state residency requirements. These rates are triple the cost of in-state tuition rates and present a financial burden on the immigrant students. "These students must still meet the same admission criteria as all other applicants," said Roybal-Allard. "The bill simply allows states to grant talented, academically qualified youth an opportunity to pay in-state tuition if they also meet state residency requirements. Removing this financial burden will give many deserving students the chance to fulfill their dream of going to college. And, it will allow American society as whole to gain from their economic and social contributions."

Kelly Lizarraga
Communications For Rep. Roybal-Allard (D-CA)

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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