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Immigration Daily July 1, 2003
Previous Issues
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Editor's Comments

Medicare And Immigration In 2004

Presidential advisor Karl Rove is busy crafting a strategy to re-elect President Bush in 2004. Since national elections are most often won and lost neither on the right nor on the left, but in the political center, this center is central to Karl Rove's strategy. That is, the President will need a key and visible non-conservative policy issue to portray a moderate image. Notwithstanding the fact that most of the President's campaign plank may well be a right-wing conservative agenda, a high-profile defining issue from the middle-of-the-road could project a centrist, moderate image. Prior to 9/11, immigration was that centrist issue. Currently, it appears that the President has made Medicare an effective replacement for immigration. However, the die is not fully cast yet, and things could change over the summer and early fall. If the President's Medicare plan gets bogged down in Conference, immigration still could be the fall-back that Mr. Rove may be holding open as a viable option for the President's re-election strategy. This may account for the fact that the White House, through Press Secretary Fleischer, has kept up a steady, if muted, barrage of unprovoked pro-immigration statements. We believe that while immigration is no longer Plan A at the White House for 2004, it is still Plan B. In the face of the downturn in business that immigration lawyers currently face, we continue to believe that the tide will turn, and the only question is when, not if.


ILW.COM Focus

Nathan Waxman And Sheela Murthy On NIWs And Outstanding Researchers/Professors

Nathan Waxman and Sheela Murthy will be on the panel the July 10th session of "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional". The deadline to register is Monday, July 7th.

For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/june2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/june2003.pdf.


Featured Article

Two Supreme Court Decisions May Create Favorable Climate For Immigrants
Cyrus D. Mehta writes "Two landmark Supreme Court decisions earlier this week may facilitate a better climate for diversity in the US, which in turn could lead to a more favorable attitude toward immigrants in the long run."


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

EOIR Updates List Of Suspended And Expelled Practitioners
The Executive Office for Immigration Review of the Department of Justice updated its list of Suspended and Expelled Practitioners.

CAT Acquiescence Only Requires Awareness, Not Actual Knowledge
In Zheng v. Ashcroft, No. 02-70193 (9th Cir. Jun. 18, 2003), the court said that "the Board of Immigration Appeal's (BIA) interpretation of acquiescence to require that government officials "are willfully accepting" of torture to their citizens by a third party is contrary to clearly expressed congressional intent to require only "awareness," and not to require "actual knowledge" or "willful[ ] accept[ance]" in the definition of acquiescence." The petitioner had made a Convention Against Torture (CAT) claim.

Rep. Sanchez Says Immigration Policies Create Environment Where Desperate People Take Desperate Measures
Newsday of Hempstead, NY reports "At a House Judiciary subcommittee hearing on immigration and border security, Rep. Linda Sanchez (D-CA) called for a renewed look at US immigration policies toward Mexico."

Cross Border Couples And Bridge Weddings
The Los Angeles Daily reports "Rather than battle the seemingly formidable paperwork to allow Galvan to cross to the US to marry, the couple decided to do as many here have done: tie the knot in what is essentially a no man's land, the 200-foot patch of land just north of the bridge and south of the US Customs building."


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Classifieds

Help Wanted: Experienced Immigration Legal Assistant
Are you looking for a pleasant working environment that is free of interoffice politics and large firm bureaucracy? A small, friendly law office based in St. Louis, MO has an opening for a legal assistant proficient in: H1B assembly, J-1 visa waivers, EAD, AP, and AOS cases. Our ideal candidate is a self-starter, enjoys working independently and is a multi-tasking guru. Managing and tracking case progress is a must. The right person will have the opportunity to work closely with the attorney and be involved in many aspects of the law firm practice. Proficiency with MS Word, Outlook is required. Web-based case management familiarity is a plus. We offer a flexible work schedule and competitive salary. Relocation package also available to right candidate. Please send your resume + salary requirements to: jobapplicants@bcisatty.com.

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:
I'm not sure that Mr. Matloff's letter accurately assesses the H-1B program. I don't see any bar to being promoted as an H-1B visa holder other than the need to file a new H-1B visa for the new position. Certainly an H-1B employee can receive raises so the income need not be stagnant. Also – and I know Mr. Matloff didn't say this but he did quote it – the H-1B program is a non-immigrant visa so the requirement that the employee leave after he or she has used up the required time shouldn't be a surprise to Murali Devarakonda. It's not like H-1B visa holders are dragged over seas in shackles to write code for Microsoft. By the way, it seems that people think H-1B visa holders are only in tech positions. I'd say that only 30% of the H-1B visas that come through the office that I work in have anything to do with computers or the computer industry. There are a variety of fields, who for a variety of reasons hire H-1B visa holders. Particularly in my area, a big city, where being a skilled professional and speaking multiple languages is a necessity for many businesses. Also, Mr. Matloff seems to dislike the importation of cheap labor but whole heartedly supports the “brain drain” taking place around the world where the US entices the best of the best to ditch their homeland, weakening their country while making our stronger. I can't see how those positions are compatible ethically. As far as the reference to slavery goes, it makes not one wit of difference if people who shared Mr. Matloff's religion were slaves, the H-1B program is not slavery it is a voluntary undertaking on both sides. I don't mind a proposal that would allow H-1B workers true portability at the same time they are seeking permanent resident status even if it cuts out the immigration attorneys. Though considering the bumbling agency that administers the immigration laws in this country I am sure there would be plenty of work for lawyers familiar with immigration law so that isn't a real concern to me. Employees and employers will always need protection from the mistakes made by the BCIS.

Justin
Chicago, IL

Dear Editor:
I just read the legislation covering construction of BCIS and "Pilot Initiatives For Backlog Elimination." here are my suggestions;- 1. Eliminate the visa lottery. It has outlived its usefulness. The original intent was to benefit natives of Ireland. A lottery to enter the U.S. is degrading. 2. Since it takes2-3 years to adjudicate I-485's,extend the time frame of I-765's to 2 years. 3. Advance Paroles should be used for emergencies, as in previous years, and not extended to vacations and other frivolous matters. 4. Separate most I-129 extensions from new petitions. Original documents not being required for extensions, it would speed up the process. 5. Transfer those officers back to adjudicating petitions after the 'blitz' on Naturalization . The processing time reduction in this area has resulted in an increase in immediate relative petitions. 6. Train officers to use common sense to reduce the number of Requests for Further Evidence.

Manny Singh

Dear Editor:
Mr. Siskind and others seem to take offense that I consider H-1Bs to be slaves and that Dr. Norman Matloff considers them to be de facto indentured servants. Perhaps Siskind and other like minded lawyers are so busy getting rich by helping companies to write visas that they haven't taken the time to think about what they are really doing. My website at www.ZaZona.com has many of the facts on nonimmigrant visas, but as a public service I will tutor Siskind about the law and how it relates to the English language. (a) Webster's New World Dictionary defines indenture - "a contract binding a person to work for another person for a given length of time, as an apprentice to a master, or an immigrant to a service." Siskind provides the rest of the information on his website (http://www.visalaw.com/00jan3/10jan300.html) by establishing the H-1Bs have a binding contract when he wrote: "In an H-1B visa application, the US employer is called the petitioner and the foreign worker is called the beneficiary." If the H-1B loses his or her job, the visa goes out of status and that means deportation. Employers use the threat of deportation to sublimate and intimidate their chattel. Indentured servitude always has a time limit and H-1Bs are no exception. As Siskind writes, "The H-1B visa allows workers in specialty occupations – areas that normally require a college degree – to work in the US for up to a total of six years." (b) The dictionary defines slavery as follows: "1 : drudgery, toil, 2 : submission to a dominating influence, 3 a : the state of a person who is a chattel of another." The submission takes place because, as Siskind explains, the employer sponsors the visa and can revoke the visa simply by terminating the employment of the H-1B. While some may argue semantics it would be better for discourse if we used the English language instead of lawyer doublespeak. Euphemisms aside, H-1B and L-1 visa holders are modern day slaves. That fact doesn't change just because they work in a cubicle instead of a cotton field. Siskind understands how to write visas but he proved he doesn't know much about employment issues when he stated that Silicon Valley is not representative of the American employment situation. White collar professionals throughout the country are suffering the pains of unemployment as they are displaced by the cheap young blood of nonimmigrant workers. Silicon Valley is just a high profile example of this job destruction. Siskind may think it's great for our economy when H-1B and L-1 visas are used for a variety of professions but the American citizens that he is forcing into unemployment won't share his joy, or his riches. This slavery program must be stopped before there is no more middle class. In my original letter to Siskind I stated that slavery is antithetical to all major religions, including his own. He vehemately objects to that simple fact while at the same time chastizing American citizens who want to protect their jobs. Is the pot calling the kettle black?

Rob Sanchez
Webmaster of www.ZaZona.com

Dear Editor:
The following minutes were sent by the State Bar of Texas Committee on Laws Relating to Immigration & Nationality.

The State Bar Committee on Laws Relating to Immigration and Nationality was called to order at 10:41 a.m. by Paul Parsons, Chairman. The committee was established in 1982 to study current and proposed laws pertaining to immigration and nationality and to make recommendations for any improvements in such laws. The committee is comprised of private immigration lawyers, an immigration judge, the director of a pro bono asylum project, an INS attorney, a representative from the Association of International Educators, the director of an immigration civil rights project, the director of an INS regional service center, an INS district director, a certifying officer of the U.S. Department of Labor, accredited representatives of non-profit organizations recognized by the Board of Immigration Appeals, a U.S. consular officer and other public representatives. For rest of the minutes, please see this link.

Paul Parsons, Chairman
State Bar of Texas Committee on Laws Relating to Immigration & Nationality


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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