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Immigration Daily May 15, 2003
Previous Issues
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Editor's Comments

Offshore Is The Problem, Not H-1Bs

In a Featured Article in Immigration Daily, Gary Endelman writes that it is not the H-1B visa but corporate offshore outsourcing that threatens American workers, our economy and national security. Indeed, importation of select foreign wokers in significant quantities is a way for America to retain global economic leadership. Among the gems in his fast-paced and informative article are these:

  • ... the most important truth is that the extent to which IT jobs are leaving the US has little, if anything, to do with whether the H-1B cap rises or falls. Keeping the cap high will not cause jobs to leave and slashing it will not keep them home. Employers will make these decisions for entirely different reasons.
  • The insistence by the USDOL that H-1B wages must be defined solely in a domestic context without reference to the reality of a global economy has, if anything, acclererated the flight of IT jobs out of the US to the detriment of the very American workers whose legitimate interests DOL is trying so hard to preserve and protect. The real threat to the American IT worker is not the H-1B replacement, upsetting though this is on an anecdotal basis, but the IT worker in India who never comes to the US. The greater the difference in wages between the web designer in San Jose and Bangalore, the more pressure that IT firm in Silicon Valley will be under to shift the work overseas so that its cost structure and profit margins can remain competitive. By seeking to make it more difficult for this Indian software designer to work in this country, critics of the H-1B are unwittingly promoting the development of the Indian computer industry. They are making it easier for this industry to achieve the necessary critical mass that will enable it to function on a consistent and long-term basis as a viable strategic alternative to Silicon Valley in the most profitable and cutting-edge technologies. When this happens, the true irrelevance of the H-1B cap will become utterly transparent. H-1Bs will no longer be sought after because the jobs will no longer be here.
  • The threat is not an idle one. Delta Air Lines has contracted two Indian companies to handle some of its customer reservations, the first US carrier to make such an arrangement. J.P. Morgan Chase & Company is setting up an equity research department in Bombay. Outsource Partners International, a New York-based tax preparer, had about 10,000 returns done in Bangalore this past tax year. American Express has opened its own processing center in India. A study by Forrester Research of Cambridge, Massachusetts estimated that IT outsourcing could send 3.3 million American jobs overseas by 2015. Where are they going? New York Times reporter Amy Waldman knows: "India, with its large pool of English-speakers and more than two million college graduates every year, is expected to get 70% of them." Well then, you say, crack down on the H-1B flood to prevent this from happening! Really? That is precisely what India hopes will happen: "In the face of rising unemployment in the West," observes Ms. Waldman in her bylined article entitled "More 'Can I Help You?' Jobs Migrate from U.S. to India," that appeared in this Sunday's New York Times, "resistance has grown to importing high-tech professionals from India. In the short term, that may actually prompt moving more work to India to reduce public resentment." Dr. Jagdish Bhagwati, a professor of economics and political science at Columbia University, predicts that, over time, "visa restrictions may actually loosen as countries decide it is preferable to have foreigners come in to work rather than see jobs migrate abroad."
There is much more to the article than the brief quotes above. To read the article in its entirety, see: http://www.ilw.com/articles/2003,0514-endelman.shtm


ILW.COM Focus

Curriculum For Adjustment Of Status Seminar

The following is the curriculum for "Advanced Issues In Adjustment Of Status" with H. Ronald Klasko and Tammy Fox-Isicoff:

FIRST Phone Session on May 27:

  1. Choosing Adjustment of Status or Consular Processing -- the best of two evils
    • who's eligible to adjust?
    • when consul processing is the best choice
    • impact of 3 and 10 year bars
    • changing from adjustment to consul processing
    • jurisdiction issues

  2. Adjustment of Status for status violators -- the search for statutory exceptions
    • failure to maintain status before and after filing
    • unauthorized employment
    • impact of layoffs and lapses of employment
    • discretionary adjustment
    • impact of failure to do special registration
    • impact of leaving and returning
    • 245(c)(2), 245(c)(7), 245(c)(8), 245(k)
    • 245(i) grandfathering -- resolved and unresolved issues

SECOND Phone Session on June 24:

  1. Concurrent Processing -- is it always the best alternative?
    • advantages and disadvantages
    • strategy decisions

  2. Actions subsequent to filing -- strategies for work and travel
    • extending nonimmigrant status or EAD
    • travel with H or L visa or advance parole
    • travel by derivatives
    • extension of nonimmigrant status by parolee

  3. Adjustment Portability -- entering The Twilight Zone
    • applicability to aliens who leave before 180 days
    • impact of employer revocation of petition
    • applicability to concurrent processing
    • impact of prevailing wage and employer financial ability issues
    • applicability to multinational managers
    • applicability to part-time employment
    • strategies for proving "similar occupation"
    • applicability to consular processing
    • responding to RFEs

THIRD Phone Session on July 23:

  1. Child Status Protection Act -- strategies to protect your children
    • issues regarding BCIS and DOS implementation
    • effective date issues
    • concurrent processing issues
    • protecting following to join children
    • adjustment of status vs. consul processing
    • unresolved issues and open questions
    • attorney strategy and due diligence issues

  2. Adjustment of status of special classes -- the search for alternatives
    • exchange visitors with two year return requirements
    • fiancées who don't marry
    • after-acquired spouses
    • conditional resident investors
    • immigrants
    • national interest waiver doctors
    • asylees adjusting through family or employment
    • upgraded and downgraded family member
    • adjustment without petitions

  3. Hot Topics -- What's Behind Door Number 3?
    • impact of DHS
    • new security screening: will adjustment and consular processing slow to a halt?
    • predicting the unpredictable

For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/may2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/may2003.pdf.


Featured Article

Immigration Update – Spring 2003
Cyrus D. Mehta writes "As the Department of Homeland Security (DHS) has begun to administer the nation's immigration laws, we are getting some sense of changes in the culture of enforcing the laws or granting immigration benefits."


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: http://www.ilw.com/seminars/

Immigration Law News

Irish Republican Army Designated As Foreign Terrorist Organization
The Department of State designated the Real Irish Republican Army (IRA) as a Foreign Terrorist Organization pursuant to Section 219 of the INA.

DOS Seeks Comments
The Department of State sought comments for Form DS-1648 (Application for A, G, or NATO Visa).

GAO Testimony Says Current Law Provides Opportunity For Illegal Immigration
The General Accounting Office of Congress (GAO) released its testimony before the Subcommittee on Immigration, Border Security and Claims, House Committee on the Judiciary report which included the statement of Robert J. Cramer, Managing Director Office of Special Investigations who testified, "While current law does not require that U.S. Citizens who enter the U.S. from Western Hemisphere countries provide documentary proof of U.S. citizenship, this does provide an opportunity for individuals to enter the United States illegally."

Congressional Hearing Testimony On Immigration Enforcement
The Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary of the House of Representatives held an oversight hearing earlier this month related to the war on terrorism: immigration enforcement since September 11, 2001, and received testimony from the following witnesses: Kevin Rooney, Director of the EOIR; Michael Dougherty, BICE Staff Director of Operations; Jay Ahern, BCBP Assistant Commissioner Office of Field Operations; and Laura Murphy of the American Civil Liberties Union.

DOL Orders Attorneys To Bear Fees, Costs, And Expenses
In the Matter of Wage And Hour Division v. Anderson Controls, Inc., No. 2003-LCA-16 (OALJ, May 13, 2003), the Office of Administrative Law Judges approved the parties settlement agreement and consent findings and dismissed the matter with prejudice. The order also said that all the fees, costs, and expenses "shall be borne by each individual attorney."

Government Wants To Deport Its Own Witness In Tyson Foods
The Knoxville News Sentinel of Tennessee reports "A Mexico native who was a key figure in the government's unsuccessful immigration conspiracy case against Tyson Foods has been arrested and could be deported."

Oil For Illegals
An op-ed comment that appeared on National Review writes "After all, Mexico is asking us to start down the path of eliminating our southern border and embracing a European Union-style shared sovereignty — the least we can expect is for them also to eliminate barriers that are important to their nation."

18 Arrested For Alleged Immigration Fraud
The San Jose Mercury News reports "Eighteen immigration consultants who allegedly misrepresented themselves as attorneys face criminal charges after a five-month investigation by city officials."


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: http://www.ilw.com/membership/

Classifieds

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: http://aetsinternational.com/applicationforevaluationservices.pdf. 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 http://www.aetsinternational.com, or send AETS an email: info@aetsinternational.com.

Help Wanted - Immigration Legal Assistant
The Law Offices of Scott D. Pollock & Associates, P.C. seeks an Immigration Legal Assistant for its growing firm located in downtown Chicago. Fluency in Spanish plus 1-3 years experience in deportation, waiver and family issues is required. Excellent writing, communication & organizational skills are a must. Position involves substantial client contact, affidavit drafting and country conditions research. Send resume, cover letter and writing sample to Scott D. Pollock & Associates, P.C., 105 W. Madison #2200, Chicago, IL 60602 by fax 312-444-1950 or e-mail spollock@lawfirm1.com. No phone calls please.

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:
There are so many undocumented people living in this great country and government is doing nothing for them but politics. So many people have lived in this country for over 10 years,have children and family,paying tax every year and have no criminal records but guess what, they are undocumented. Why not do something for these people? May be an Amnesty based upon the condition that was described above. Who else will make a better citizen than the people who lived in a country for a decade without any problem with local law, and paid taxes. A suggestion like this from ILW.COM to the media will be greatly appreciated and save lots of life.

Kevin Kahn

Dear Editor:
You might consider contacting the pastor of Judson Memoral Church in NYC, Peter Laarman. Judson has long been an active force in community organizing in NYC. Part of Judson's response to 9/11 was to begin to find ways to support the families of undocumented immigrants who had perished in the attack, as these families could not apply for other official forms of assistance. I believe the fund was called the HERE Fund. Peter can be reached at Judson (usually on Wednesdays) at 212-477-0351, or via the Judson website, www.judson.org. I will forward this information to Peter as well. Thank you for providing a great service to all those interested in immigration issues.

Joy Soler

Editor's Note: Please see yesterday's Editor's Comments.


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 editor@ilw.com. 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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