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Immigration Daily

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Immigration Daily July 8, 2003
Previous Issues
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Editor's Comments

Creme De La Creme

The registration deadline for the July session of "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional" is Tuesday, July 8th. Nathan Waxman and Sheela Murthy will join the panel for this session. The curriculum is as follows:

Outstanding Researcher/Professor (EB-1-2)

  • Defined criteria but documentation and proofs - a question mark!
  • International reputation - indicia
  • Offer of permanent employment - blind spot
  • Current trend - advantages and difficulties - nuts & bolts suggestions

National Interest Waiver (EB-2)

  • No regulatory criteria
  • NYS Department of Transportation - lone precedent
  • Unique and exceptional abilities
  • Impact and influence on others
  • National or international in scope and substantial intrinsic merits
  • Multiple national interests
  • Labor certification issue - hot bed of proof issue - how to demonstrate that benefits of alien's work outweighs national interest inherent in the labor certification requirement
  • Current trend - advantages and difficulties - nuts & bolts

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


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Featured Article

Who's Paying The Bills? Why America Needs An Investor Visa That Works
Gary Endelman writes "The existing immigrant investor visa created by the Immigration Act of 1990 has not done what its advocates hoped, and its detractors feared, it would do."

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Immigration Law News

DOS Rule Says Personal Appearance For Visas Will Be Required
The Department of State issued an interim rule with request for comments, effective August 1, 2003, which limits personal appearance waivers for nonimmigrants.

BALCA Denies Domestic Cook On Part B Matters
In the Matter of Richard Miller, No. 2002-INA-133 (BALCA, Jul. 1, 2003), the Board of Alien Labor Certification Appeals said that the certifying officer properly denied the Employer's application for domestic cook on grounds involving the ETA 750, Part B. The BALCA made several comments concerning documentation of aliens' past history and referred to alien's tax forms in its discussion.

No Abuse Of Discretion Found
In Lin v. INS, No. 01-4050 (2nd Cir. Jul. 7, 2003), the court said that "since the evidence submitted with the motion was apparently available prior to the hearing before the Immigration Judge (IJ), the Board of Immigration Appeals (BIA) found that the motion would still have to be denied, because the evidence could "have been discovered or presented at the former hearing."

Good Moral Character Requirement Is Reasonably Read Into INA Section 329
In Nolan v. Holmes, No. 01-2608 (2nd Cir. Jul. 2, 2003), the court upheld the district court's denial of Petitioner's habeas claim because the INS's interpretation of INA Section 329 as incorporating a good-moral-character requirement was reasonable. The Petitioner had sought to apply for naturalization on the ground of past service in the armed forces of the US, and faced deportation based on his aggravated felony conviction.

Petition For Review Of Denial Of Asylum Is Dismissed For Untimely Filing
In Naadubon v. Ashcroft, No. 02-60754 (5th Cir. Jul. 3, 2003), the court said that Petitioner's petition for review of the denial of asylum was dismissed for lack of jurisdiction because he failed to timely file his application for asylum.

Senate Democrats Propose Eliminating Parole For Undocumented Felons
The Pasadena Star News reports "In an effort to save starved [California] state coffers $14.9 million, Senate Democrats propose dropping the parole supervision of illegal immigrants and foreign nationals after they serve their prison sentence and are turned over to US immigration authorities for deportation."

Immigration Law Myth: View From The Right
A San Francisco Chronicle op-ed writes "Our immigration laws apparently exist only in the confines of our own imagination; they have no life in the real world."

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Letters to the Editor

Dear Editor:
I'm still not sure that I understand Mr. Matloff's position. His letter indicates that the H visa program is tantamount to slavery or indentured servitude binding the employee to the employer for many years if the employee seeks to pursue a labor certification petition with that same employer. It also appears that his letter supports a system where the employee can work for whomever he or she would like while in the process of getting a green card. Well, actually I believe that he is a proponent of that type of program only for the elite of foreign nations. But the issue of artificially low wages via the prevailing wage system being a problem for the H visa program would be a problem no matter what system is in place. The loopholes that Mr. Matloff's letter talks of but doesn't describe would exist regardless of what kind of visa was being sought. So we are back to an enforcement issue, or lobbying the government to close the loopholes, or in a true show of capitalism, doing away with the prevailing wage altogether and letting the market dictate the wage. The most interesting thing about these kinds of debates is that we are talking about people who make tens of thousands of dollars a year and work in offices. No one seems to care about the foreign farm workers who really are virtual slaves or indentured servants. These poor souls make $10-15/day and work in conditions that rival sharecropping farms all sanctioned by the DOL. They are subject to physical abuse sometimes including rape and have no one to complain to. It appears to me that our priorities are not in order.

Justin G. Randolph, Carpenter & Capt, Chtd.
Chicago, IL

Dear Editor:
Just a comment based on 25 years of immigration practice to the "name withheld upon request" who wrote "I have a client that put in a I-751 with a receipt date of July 8, 2002 and they received a letter of approval dated May 16, 2003-so NSC is farther along in their processing I-751s than it says on their report. Oh, ye of much faith, the reality of life is never trust the processing time reports of any BCIS Service Center, on the web, or on the computer generated I-797 fee receipts . They have always been, and remain, fiction. Consider yourself blessed if your approval arrives "early" and consider yourself cursed if it arrives late, or not at all. The fact is, there is nothing you can do about it. Never has been, never will be.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
The heavy backlog in family petitions due to a small quota of immigrants admitted legally each year in the F1 to F4 category is a great irony to all those petitioners who have been waiting for many years to join their loved ones in America. Many petitioners may have to wait for their whole life to join their family members and plenty of them may die before their petitions become current because of the slow priority dates movement. On the one hand America claims to be one of the great countries that accept immigrants land and accept the significant role of immigrants in its multidimensional development during peace as well as wartime. Many of the immigrants sacrificed their lives during the Iraqi war while fighting under the flag of America to make this earth worth living for all human beings. One can imagine the agony of their dear ones separated because of certain irrelevant laws which need immediate amendment. Former President Clinton raised the cap of H1 visa numbers by making certain amendment in law. Unfortunately family immigration has remained untouched then and now.

Name Not Provided

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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