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Immigration Daily July 10, 2003
Previous Issues
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Editor's Comments

Errata

Thanks to our eagle-eyed reader, the Attorney Advisor, US Immigration Court, San Francisco, for pointing out that we erred in identifying the original opinion for a recent order of rehearing en banc by the 9th Circuit. We have duly corrected our error in our issue dated July 9, 2003.

Due to a technological glitch, Gary Endelman's name did not appear as author of "Who's Paying The Bills? Why America Needs An Investor Visa That Works" in the headlines for our email version of Immigration Daily dated July 8, 2003.


ILW.COM Focus

200,000 Attorney Searches Per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's more than 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! We can even link your ILW.COM listing directly to your own website. For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to webmaster@ilw.com. Alternatively, if you prefer to list yourself on-line, please click here: http://www.ilw.com/membership/.


Featured Article

United We Stand: Defending Immigration Now
Andres Benach writes "In an era where the President speaks of the moral absolutes of "good" and "evil," immigration advocates must speak in unison in affirming that immigration is a good thing for the US."


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

DOL Seeks Comments On Labor Certification Form ETA 750
The Employment and Training Administration of the Department of Labor sought comments and questions regarding the collection of information on Form ETA 750, parts A and B, Application for Alien Employment Certification.

DHHS Invites Grant Applications For Employment Subsidy Projects for Refugees
The Office of Refugee Resettlement (ORR) of the Department of Health and Human Services issued notice of availability of FY 2003 social services discretionary funds for employment subsidy projects for refugees who have experienced long-term difficulties with assimilation.

DHHS Issues Corrective Notice On Grant Application
The Office of Refugee Resettlement (ORR) of the Department of Health and Human Services issued a corrective notice on a Federal Register notice that appeared on June 27, 2003 on submissions for competitive grant applications for microenterprise development projects for refugees.

BICE's "Operation Predator" Initiative Prioritizes Removal Of Undocumented With Sex Offense History
The Bureau of Immigration and Customs Enforcement (BICE) issued a fact sheet and Secretary Ridge issued a press release on Operation Predator, a comprehensive program to identify child predators, prosecute them, and remove them from the US (if subject to deportation).

BALCA Says Cold Food When Re-Heated Is Just As Good As Freshly Prepared Food
In the Matter of Mary Mindel, No. 2002-INA-181 (BALCA, Jul. 2, 2003), the Board of Alien Labor Certification Appeals said that the Employer failed to provide business necessity for a live-in cook since a live-out worker could prepare the meals by 4pm or 5pm and they could be heated upon the Employer's return from work after 7pm.

Illinois Possession Of Cocaine Is Conviction For Immigration Purposes
In Gill v. Ashcroft, No. 02-2994 (7th Cir. Jul. 8, 2003), the court said that Defendant's plea of guilty to Illinois possession of cocaine satisfied 8 USC 1101(a)(48)(A) because Petitioner pleaded guilty and was sentenced to "410 probation", so he had been convicted even though adjudication of guilt had been withheld. This decision creates a circuit split with the 9th Circuit. The court also said that 18 USC 3607(b) can coexist with 8 USC 1101(a)(48)(A) though the latter reduces the domain of the former.

NY Mayor Bloomberg's Executive Order Policy On Reporting The Undocumented
The Village Voice of New York reports "After a month of wrangling over a new executive order issued at the end of May by [NY] Mayor Michael Bloomberg, community activists and City Council members working to safeguard immigrants' access to city services are hopeful that the mayor will revise the policy, which, they say, declares open season on the undocumented."

ABC News Anchor, Canadian Peter Jennings Becomes A US Citizen
USA Today reports "[ABC News anchor Peter Jennings] announced over the weekend that after 39 years of working at ABC News, here and abroad, he now pledges allegiance to the flag of the US."


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

Help Wanted - Experienced Immigration Attorney
Hale and Dorr LLP's Boston office seeks an experienced immigration attorney for its immigration law practice. The Immigration Group works within the firm to offer clients an integrated approach to employment law and other practice areas that intersect with immigration law. The successful candidate will have 8+ years of business immigration experience, including experience managing an active caseload while mentoring and supervising a team of paralegals. Excellent written and communication skills required. Please send resume in confidence to Ms. Patricia A. Porter, Lateral Hiring Coordinator, Hale and Dorr LLP, 60 State Street, Boston, MA 02109, patricia.porter@haledorr.com.

Position Sought: Immigration Attorney
I am an attorney in good standing in California and seek an opportunity to practice immigration law. I am willing to promptly relocate throughout the US or internationally. In Silicon Valley, I began my legal career in corporate law. I incorporated companies, drafted corporate documents, maintained corporate records and administered stock and option sales and transfers. Additionally, I clerked for a judge after law school. These experiences have been worthwhile and valuable, but my true desire is to be an immigration law attorney. I look forward to discussing the opportunity to join your law firm. I am willing to take another state's bar exam to be licensed to handle matters tangential to immigration law. If useful to the firm, I can also devote a portion of my work to small business incorporation and maintenance. My resume is available at http://www.angelfire.com/jazz/mh200/. For more information or to receive an MS word copy of my resume, contact me, Matthew Hartman, at mh200@hotmail.com or at 408-910-7238.

Books - 2003 Edition 8 CFR Plus And INA
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. For information on our various publications, see this link. (A Supplement is provided Free of cost updating the 8 CFR Plus as of June 1, 2003. All BCIS related changes have been included in this Supplement as well as a complete index to ALL 8 CFR Sections updated as of June 1, 2003.)

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:
Norman Matloff in his letter to the Editor appears to have appointed himself, among many other things enumerated in his impressive resume, to be the ivory tower expert on reforming the immigration law and procedure of the US. His letters appear to have very strong opinions about H-1B and L-1 visas. However, his pontification on the subject of immigration demonstrates his naivety, when in his opinion-driven dissertation on H-1 and L-1 reform he states, "The increase in L-1 numbers in the past few years is likely due to the DOL-designated H-1B dependent employers switching to L-1 to avoid the H-1B dependent restrictions", a conclusion I would challenge as being his sole opinion, and not based on reality because of the L-1 requirements of one year overseas employment by a parent company, affiliate or subsidiary of the petitioner. Dr. Matloff's letter further underestimates the difficulty of obtaining the L-1 visa classification, especially by small companies, by stating, "Immigration lawyers dislike L-1 because its lack of restrictions means the application procedure is extremely simple, so that they cannot make much money in processing it." I will venture a guess Dr. Matloff was never told this by any immigration lawyer and does not know what lawyers charge to prepare an L-1 petition, especially "start-up" L's. I further believe I am safe in assuming Dr. Matloff has never himself prepared an L-1 Petition, especially a "start-up", that he has never received and responded to an RFE by the BCIS, that he has never had an L-1 Petition approved or denied, has never had a client who needed one, and has no understanding of those who do. Yet, Dr. Matloff would have the world believe he is an "expert" on the subject of H and L visas and their reform. I contend that Dr. Matloff might do well to confine his opinions to areas about which he has more practical knowledge, like mathematics and statistics, computer programs, teaching and other such areas of exactitude and calculable formulation, and leave the real world of immigration law and problem solving to those down in the trenches, including his recent nemesis of debate, Justin Randolph. In my opinion, Mr. Randolph's letters exhibit a depth of knowledge and understanding that far exceeds anything I have read by Dr. Matloff, including his academic "paper" on the subject. Concerning the feedback requested, I'll give Mr. Matloff feedback . . . While not totally without merit in some of proposals, the bulk of Dr. Matloff's conclusions appear to be based either on emotion or a political agenda, coupled with an academic analysis of problems he, as a mathematical academician, does not appear to fully understand because (1) he has never been an immigration lawyer and (2) he has never been a multinational employer. His opinions are contrary to the needs of US employers, and are contrary to the opinion of major labor unions which have supported the H-1B program - for Pete's sake, next year the cap on H-1B's will be 65,000 in a country of approximately 300,000,000 and there is no indication that now that the hi-tech rage is over that it will even come close to being exceeded. Jason Randolph has attempted to inform Dr. Matloff in previous letters that H-1 and L-1 visas are issued to other than the computer and hi-tech industry and Dr. Matloff must understand this; something his dissertation fails to recognize. Dr. Matloff must further understand that possessing a doctoral degree, coupled with the power of the pen and pulpit of academia, does not make one an expert in every field of endeavor or thought into which one might decide to wander. Now, I do not say Dr. Matloff is not welcome to his opinions, but he is not welcome to use his position as an academician to expound on subjects beyond his area of expertise when he seeks to denigrate lawyers who are dedicated to the practice of immigration law, or Justin Randolph, with condescending remarks such as those in his dissertation, or in his last letter to the editor, where, continuing a chain of such condescending responses in which he has engaged Mr. Randolph, he states that Mr. Randolph's "assumptions are incorrect". I, for one, agree with Justin Randolph's letter - a man with an obvious abundance of practical experience, understanding and compassion, that is the cornerstone of the professional in immigration law.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
After reading Mr. Matloff's proposals (found here: http://heather.cs.ucdavis.edu/Summary.pdf) to reform the H-1B program (the L program is included but not focused on) it seems that the proposals merely change the H program but still leave it wide open to the types of abuses Mr. Matloff's letters describe. It doesn't take an immigration attorney to see all the loopholes employers could take advantage of if they wanted to. I do like the green card in three years idea. The faster the better in my mind. And although the "pack up and leave" in 15 days idea seems a bit heartless H visa holders are supposed to leave when their visa is up anyway. The proposals are meant to deal with low wages, long hours and the displacement of American workers. The low wages and long hours issue is really an enforcement issue as I've said before. It also may require an updating of the prevailing wage system. But none of the problems with the prevailing wage system are solved by Mr. Matloff's proposals as they still require enforcement and still leave the same loopholes currently present in the system. To protect American workers one of Mr. Matloff's proposals is that the employer be required to advertise for 30 days on the DOL webpage, and if within those 30 days the employer doesn't hire an American worker during that time they are free to hire the H-1B visa holder. What would happen if the employer needs to hire 100 people and only one American responds to the DOL advertising? Mr. Matloff wants to reduce bureaucracy in the system but it appears that his proposals merely create new and different layers of bureaucracy. As an observation, Mr. Matloff still proposes bringing foreign geniuses here but wants to restrict people in H eligible positions. I still see this as a classist argument rather than a valid one. I'm sure there must be out of work American geniuses just like there are out of work regular people. Additionally, Mr. Matloff's cites appear to only focus on the tech industry, which by his own admission only make up half of H-1B visas. While his proposals may or may not overly burden the tech industry that appears rampant with abuse and fraud, they may hurt the various other industries that employ H-1B visa holders. I still think that it's interesting that people that are making 50K+ a year are being called indentured servants when the true indentured servants (the H-2B visa holders in the agricultural industry) who make $15/day and have a life expectancy reduced to 49 years due to pesticides don't receive the same level of advocacy. Perhaps it's because, as pro-immigration people like to say, and anti-immigration people like to deny, there really are jobs out there Americans won't take.

Justin G. Randolph
Carpenter & Capt, Chtd.

Dear Editor:
Your note in today's Immigration Daily regarding the 9th Circuit's order in Li v. Ashcroft, No. 00-70157 (9th Cir. Jul. 7, 2003), is in error. The court voted to rehear en banc the panel decision in Li v. Ashcroft, 312 F.3d 1094 (9th Cir. 2002), which construed the "other resistance to coercive population control" language in IIRIRA sec. 601. The vacated panel decision denied asylum, withholding, and CAT protection to an underage Chinese couple, where the female petitioner resisted a half-hour forcible gynecological exam.

Martha Rickey
Attorney Advisor, US Immigration Court, San Francisco

Editor's Note: Please see Editor's comments above.


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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