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Immigration Daily

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Immigration Daily April 18, 2003
Previous Issues
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Editor's Comments

Headlines, Summaries, And Information Overload

One of the blessings of the digital age for immigration lawyers is increased access to government documents - from the Federal Register, the Courts, and Congress. The flip side of this bounty is that it often results in information overload. Immigration Daily uses two devices to help our readers cope with the flood of information - Headlines, and Summaries. Headlines at the top of the email version of our periodical are designed to help you zero-in on items of interest to you, and the summaries we provide help you decide whether you want to click through and read the entire original document. If you have an idea to help cope with information indigestion, please send it to us at


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  • Against this backdrop, we fret over the as-yet unpublished PERM final rule.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

Group 4 Special Registration Deadline And Other Developments Since The War
Cyrus D. Mehta writes "Some of the most sympathetic examples of the harsh impact of special registration can be seen on young male minors who are in school or college."

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Immigration Law News

DOL Approves Settlement Agreement In LCA Matter
In the Matter of Administrator, Wage And Hour Division, v. Bluestem Sytems, Inc., No. 2002-LCA-1 (OALJ, Apr. 16, 2003), the Office of Administrative Law Judges approved the parties settlement agreement and consent findings.

Yemeni Denied Asylum Where Testimony Is Inconsistent Both Internally And With Asylum Application
In Marah v. Ashcroft, No. 02-3403 (8th Cir. Apr. 17, 2003), the court said that even without regard to the credibility determination, the Immigration Judge's denial of asylum was supported by substantial evidence, where among other things, Petitioner's fear of persecution was based upon an isolated incident that occurred 6 or 7 years before the asylum hearing.

Deportation Proceedings Not Fundamentally Unfair
In US v. Kaczmarak, No. 02-4948 (4th Cir. Apr. 17, 2003), the court said that Defendant could not challenge the order of removal because the proceedings giving rise to the deportation order were not fundamentally unfair and since he failed to show he suffered prejudice as a result of the alleged defects.

No Abuse Of Discretion Found
In Tadessa v. INS, No. 02-1721 (4th Cir. Apr. 17, 2003), the court said that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying Petitioner's motion, a Ethiopian, to reconsider her application for asylum and withholding of deportation.

No Judicial Notice Taken Of Post 9/11 Changes
In Malik v. Attorney General, No. 91-1222 (3rd Cir. Apr. 16, 2003), the court said that the Board of Immigration Appeal's (BIA) did not ignore any substantial evidence as to danger to Petitioner arising from membership in his family as a social group, or as to any threat to him of prosecution throughout the country of Pakistan. The court also declined to take judicial notice of the changes in Pakistan since September 11, 2001, because judicial review of final orders of deportation is limited to the administrative record.

212(d)(7) of the INA Passes Equal Protection Muster
In US v. Pollard, No. 02-3018 (3rd Cir. Apr. 17, 2003), the court said that 212(d)(7) of the INA and its enacting regulation, 8 CFR 235.5 did not violate the equal protection guarantee embedded in the Due Process Clause of the Fifth Amendment because "Congress and the Attorney General rationally could have believed that illegal immigration in the Virgin Islands needed to be dealt with differently in the US Virgin Islands than in other jurisdictions."

Immigration Plays Pivotal Role In Urban Stability
The Salt Lake Tribune reports "Immigrants helped stabilize some of the nation's big city centers last year while people moving around the country continued to push out the metropolitan fringes."

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Letters to the Editor

Dear Editor:
I don't know where Ali Alexander gets his statistics or his information, or his qualification to pontificate about immigration law, procedure and problems - except, of course, his First Amendment right to express himself. But that alone does not make for good reading in a serious immigration oriented publication like ILW.COM. Mr. Alexander, after criticizing AILA (of which he is not a member, nor, I believe, qualified to be a member) for not citing the source of their statistics. Mr. Alexander then goes on to say, "It's true that many immigrants do pull their own weight in the US, and more. But it is also true that many do not. In the aggregate, they are not. The US needs to examine what it expects from its immigrant population, and what it is willing to pay, not only in terms of dollars and cents, but in terms of social cohesion." Evidently, in Mr. Alexander's opinion, the US is worse off "in terms of dollars and cents" as well as in "terms of social cohesion", for having immigrants in this country, a view with which I heartily disagree. And, I believe that if Mr. Alexander read what he wrote, he would also heartily disagree, for like the rest of us, if it were not for the immigration laws of the US, Mr. Alexander would not be here to express his First Amendment opinions. In fact, it is the amalgamation of the melting pot that makes America great. I will venture to guess that there are more natural born Americans abusing the welfare rolls of America than aliens, documented or not. And I believe the weary immigration statistics that I have been reading for (I venture to guess) since about the time Mr. Alexander was born, bear this out a hundred times over. The bottom line is: The argument should not be pro or contra immigration, but how we can make immigration work to the benefit of the US, and how we can make the bureaucracy of the former INS work under its new "reorganization" in the Department of Homeland Security. I, for one, would like to see more opinions expressed in ILW.COM letters to the editor that address those issues.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Alexander's comment on AILA's letter to the editor fails to notice that the immigrants' offspring may not have to pay taxes, if they are minors. At least it is my understanding that in order to pay taxes in the US, you must be 18 years old. If immigrants are paying, as Alexander states, 13 percent of the total individual taxes paid in 2002, and 14 percent of corporate taxes, while being together with their offspring 20 percent of the US population, I think they just might be paying their fair share of US taxes.

Juan Aguiar
Ecuador, South America

Dear Editor:
I'm curious about Ali Alexanders tax analysis. I'm not a mathematician so I don't actually know the answer to this but if immigrants make up about 20% of the population does that mean they are making 20% of the money? It seems that minorities in this country make less than others so, lets take African Americans, who make up about 13% of the population in the US, if they don't make much money (which they don't on a whole) then they would not pay 13% of the taxes. Isn't that the same for immigrants? I am sure they don't make as much as their Caucasian counterparts, no one does, so why would they pay a portion of the tax burden that equals their population percentage?

Chicago, IL

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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