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Immigration Daily


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Immigration Daily April 22, 2003
Previous Issues
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Editor's Comments

Contribution To AILF

Following the 9/11 attacks, ILW.COM organized a telephonic seminar series "Immigration Implications of the September 11th Tragedy" moderated by Stephen Yale-Loehr, which was co-sponsored by AILA and CINL/ABCNY. We had several hundred registrants for this telephonic seminar. When we first offered this series, we had no idea that it would be so well-attended. We had hoped that this series would help in providing people with timely and reliable information about the immigration implications of the 9/11 tragedy. Through the dozens of feedback responses we received, we know that we did achieve that purpose.

This seminar was not part of the the usual for-profit seminar series that our company organizes each month at $499 per series. The 9/11 series was offered at $99 per series, and we had not expected that there would be anything left over. To our surprise and delight, however, we are left with many thousands of dollars. We are committed to distributing this sum to immigration-related non-profits. Accordingly, we are sending a check today made out to the American Immigration Law Foundation for $4,000.00 (we will be distributing smaller sums to many other immigration-related non-profits soon).


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  • Against this backdrop, we fret over the as-yet unpublished PERM final rule.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

Update on Kooritzky-Bogardus Affair - Class Action Certified
Paul S. Allen writes "Most Immigration Daily readers will recall that Mr. Kooritzky and Bogardus were indicted four months ago for immigration fraud."

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

Former Nazi Guard Is Ordered Deported
The Department of Justice announced that Immigration Judge Honeyman (IJ) ordered Theodor Szehinskyj, 79, deported from the US because he had served as an armed SS guard of civilian prisoners at the Gross-Rosen, Sachsenhausen and Warsaw concentration camps from January 1943 until February 1945. The IJ's order followed a July 2000 decision by the US district court in Philadelphia to revoke the Defendant's US citizenship.

INS Civil Detention Does Not Trigger Speedy Trial Act
In US v. Dyer, No. 02-1046 (3rd Cir. Apr. 18, 2003), the court said that it would follow other Courts of Appeals in holding that a civil detention, including INS civil detention, did not trigger the Speedy Trial Act's 30 day time limit.

The Law Is An Ass
A Washington Times op-editorial writes "But for just plain disgusting stupidity based on a rigid interpretation of the law few immigration decisions have been more upsetting than the treatment of a young US Marine who reportedly made the mistake of not answering positively to a question on his citizenship application because he didn't think it pertinent."

Attorney General Ashcroft Gets Stifling Free Speech Award
The Washington Post reports "Attorney General Ashcroft, Congress and National Zoo Director Spelman are among 10 people and organizations named top stiflers of free speech in the 12th annual Jefferson Muzzle Awards handed out last week."

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Letters to the Editor

Dear Editor:
The April 21, 2003 edition of Immigration Daily featured a news item titled: "Reality Of Visa Eligibility Has Only Changed Slightly Since 9/11." However, the link to the actual article appears to be no longer available. Is there an updated link from the Department of State that would allow your readers to access the article?

Ellen H. Badger, Director
International Student & Scholar Services, Binghamton University

Editor's Note: All links are verified at the time of publishing on our website. However, we have no control over links outside of ILW.COM. It appears that this link has changed and is now at:

Dear Editor:
Mr. Murray claims he doesn't know where I got my statistics or information. Funny, since I cited the sources in the letter, which is certainly more than AILA did in theirs. As for my qualifications, I am a statistician (MBA and PhD, too) and am sometimes paid to present statistical evidence in legal cases involving international trade. Mr. Murray is apparently unaware of the fact that lawyers do make extensive use of "outside" experts, for areas outside their own expertise. Funny, too, that Mr. Murray questions my statements, based on facts, about the contribution of immigrants, but says not one word about the original AILA letter which made the unsubstantiated claim about the value of immigration to the U.S. A classic case of lawyers getting outside their areas of expertise and misusing statistics. As for Mr. Aguiar's letter, the Census data is for households in which at least one head of the household is an immigrant. It is the responsibility of parents to support their children, at least in this country, if not in Ecuador, and part of supporting them is to pay a fair share of taxes. Why on earth should large numbers of immigrants, legal or otherwise, be able to come here, bringing wife and kids, with skills and education only suited to a minimum wage job, pay little or no taxes, have a few more kids (at taxpayer expense) and have children educated (again at taxpayer expense)? With the medical care of the entire family picked up by taxpayers, and subsidies for food, housing, etc. provided? It's simple, if you can't afford to support children, don't have them. Why on earth do you think so many of the countries we receive immigrants from have problems? A big part of it is having too many children--more than the household can support. It is also quite possible that the Census data understate the percentage of immigrants in the US as both legal and illegal immigrants tend not to respond to questionnaires to a greater degree than natives. As for Justin's letter, certainly different ethnic and racial groups in the US earn less than others, but then, why on earth should we import more poverty? Come to that, I'm sure many low-earning native minority families would probably be doing a lot better, if immigration was not disproportionately affecting their ability to earn a decent living. Finally, Ms. Yardum-Hunter's letter. The issue of taxes paid by immigrants was raised by AILA. They imply that paying taxes justifies all immigration. Talk about generalizing. My "broad brush strokes" are nothing compared to those used by AILA. You know, it's interesting that in all these responses to my letter, I haven't seen one shred of solid evidence to refute my statements, it's all opinion. Not even AILA has seen fit to cite the source of the data that they presented in their original letter so that it can be checked.

Ms. Flowers recent article entitled, "Citizens and Patriots: Not One and the Same -- A Commentary" dealt with the fact that many Americans equate "immigrant" with "illegal alien", but how could it be otherwise when many in the media use the term "immigrant" to include not only legal immigrants, but those who are here illegally. This practice tars those here legally with the same brush as those who are not in the minds of the public, rather than legitimizing those who are here illegally. As for the example of Mr. Gutierrez, Mr. Gutierrez obtained legal status by lying about his age. At the time of his death, he was apparently 27, or about 6 years older than he represented himself to be. His death was honorable, but committing immigration fraud wasn't.

Ali Alexander

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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