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Immigration Daily

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Immigration Daily July 29, 2003
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Editor's Comments

L Visa In Play

As predicted in Immigration Daily by Gary Endelman earlier this year, the "L" visa appears to be in play on the Hill. This is likely unwelcome news to many immigration practitioners, but the truth must be confronted head-on. The Senate Subcommitee on Immigration has announced a hearing on July 29th on "The L1 Visa and American Interests in the 21st Century Global Economy." The witnesses announced for this hearing are:

  • Patricia Fluno, Former Siemens Technologies employee
  • Michael W. Galdea, Executive Director, Professional Employees Section,
  • Beth R. Verman, President, Systems Staffing Group, Member, National
  • Association of Computer Consultant Businesses
  • Daryl R. Buffenstein, General Counsel, Global Alliance Personnel
  • Austin T. Fragomen Jr., Managing Partner, Fragomen Del Rey Bernsen & Loewy, PC
  • Stephen W. Yale-Loehr, Adjunct Professor, Cornell Law School
Immigration Daily will cover the upcoming L battles on the Hill and report developments to you as they occur.


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Attorneys listed in ILW.COM's directory of immigration lawyers can now participate in telephonic workshops focusing on efficient marketing of their practices online, and effective integration of their ILW.COM presence with their online and offline marketing efforts. These telephonic workshops are offered free of charge to members in good standing of ILW.COM's directory of immigration attorneys. The first telephonic workshop will be on Friday, August 1st. Those interested in participating should send a request for registration to

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Featured Article

U.S. Insists Repatriation of 12 Cubans Is Not Change of Policy
Carl R. Baldwin writes "Why [12 Cubans] were repatriated after the tragic repatriation last April of another Cuban boat and its passengers needs to be looked at."

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

BCIS Seeks Comments
The Bureau of Citizenship and Immigration Services sought comments on Employment Eligibility Verification, Form I-9.

SEVIS-Smart November '02 Issue Available
The SEVP/SEVIS Communication Coordinator of the Immigration Services Division of the INS released its November 2002 issue of SEVIS-Smart.

DOJ Announces 4 Former Consular Employees Sentenced For Visa Fraud
The Department of Justice announced that five people, including 4 former employees of the US Consulate in Nuevo Laredo, Mexico were sentenced in the US District Court in Laredo, Texas for conspiracy to commit visa fraud.

Immigration Judge Ozmun Sworn In At 8th Court Of Appeals
The Department of Justice announced Mr. Ozmun was sworn in today as an Immigration Judge at the Eighth Court of Appeals in El Paso, Texas. Previously, Judge Ozmun served as an Immigration Judge in Los Angeles.

BALCA Addresses Employer Claims That US Workers Are "Over Age", Not Very Productive
In the Matters of A & E Painting Specialist, Nos. 2003-INA-61 through 2003-INA-76 (BALCA, Jul. 17, 2003), the Board of Alien Labor Certification Appeals said that the Employer did not provide an objective basis as to why a US worker-applicant's failure to respond to questions about the primary colors would prevent him from adequately performing the duties of mixing paint colors, and also said that a US worker-applicant cannot be rejected on the grounds that he is "over-age" without providing some sort of documentation to support the assertion and a showing that the US worker-applicant is thus incapable of performing the duties of the job.

No Abuse Of Discretion
In Asfaw v. Ashcroft, No. 02-2459 (4th Cir. Jul. 25, 2003), the court said that the Board of Immigration Appeal's conclusion that Petitioner failed to establish eligibility for asylum was not manifestly contrary to the law or an abuse of discretion.

Rational Basis Exists For 8 CFR 3.44 For Deported Aliens Prior To St. Cyr Now Seeking 212(c) Relief
In Robledo-Gonzales v. Ashcroft, No. 02-2475 (7th Cir. Jul. 25, 2003), the court said that 8 CFR 3.44 did not run afoul of the Equal Protection Clause since there is a rational basis for distinguishing an alien who re-entered the country illegally from one who never departed with respect to 212(c) relief and dismissed the habeas petition and also said that Petitioner failed to name as a Defendant the person holding him in allegedly unlawful custody.

Republican Proposal Creates Two New Visa Categories
The Tucson Citizen of Arizona reports "The three Republicans, Sen. John McCain and Reps. Jim Kolbe of Tucson and Jeff Flake of Mesa, said their guest-worker proposal would reduce migrant deaths on the US-Arizona border, fill needs for low-skilled labor nationwide and improve national security."

Russian Foreign Ministry Seeks Explanation For New US Visa Rules
The Moscow Times reports "The Foreign Ministry complained Tuesday that it was not informed about new procedures for US visas that come into force Aug. 1 and said it would demand an explanation from the US State Department."

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Help Wanted: Experienced Immigration Paralegal
Experienced immigration paralegal sought for Atlanta office of Baker Donelson Bearman Caldwell & Berkowitz, P.C., a 320 lawyer firm with offices in 9 cities in the southeastern US and Washington, D.C. Work as member of immigration practice group, consisting of 4 lawyers. Use technology as a means to deliver legal service and manage cases with lots of client contact under supervision of experienced, leading immigration attorneys. Ideal candidate employs best practices for client satisfaction. Requires detail oriented, highly organized individual with bachelor's degree and clear verbal and written skills. Foreign language fluency a plus, but not required. Salary dependent on experience. Respond to Blake Chisam, Esq. at with your cover letter + resume.

Help Wanted: Experienced Immigration Law Attorney
Are you passionate about helping others? Do you find solving complicated puzzles satisfying? Are you an expert in Immigration Law? If yes, Microsoft has an opportunity for you in its Redmond, Washington corporate headquarters. Exercise your extensive immigration knowledge, and help others secure legal work authorization in the US. You will work on a full range of nonimmigrant business visas, labor certifications, and other business related immigration matters. Leverage your strong organizational skills to manage a high volume of cases. Apply your excellent writing and communication skills to achieve successful results. Requirements: 6+ years of high volume immigration experience. BA/BS and JD required. Experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your cover letter + resume in Word format to: Please indicate job code N145-57518 in the subject line. Microsoft is an equal opportunity employer and supports workforce diversity.

Help Wanted: Senior Paralegal/Client Service Manager
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal/client service manager for its Washington D.C. office. FDBL offers a dual role encompassing a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate possesses excellent interpersonal skills, can serve as a team resource, and will have the benefit of attorney supervision and guidance. Responsibilities include: Managing a team of 4 legal/admin staff; Monitoring a large NIV volume caseload; Supervising casework to ensure consistent quality and timely completion; Liaising with corporate clients regarding case processing; Delegating client requests to appropriate staff; Reviewing petitions prepared by legal staff or client for attorney review; Preparing responses to multiple complex requests for evidence; Prepare petitions as necessary; Running reports for team and client; Monitoring and preparing billing reports; Training new staff as necessary. FDBL offers a comprehensive compensation package. Fax your resume + cover letter to Allison Bettridge, Office Manager at 202-371-2898. For additional information, please contact Ms. Bettridge at: 202-223-5515. FDBL is an equal opportunity employer.

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:
Although a couple of good stabs were made at the issue, the net result is that nobody was able to cite any federal law, regulation, statute or otherwise that designates English as the official language of the US, or of the government of the US, because there are none and the US has no official language, yet. Comprende?

David D. Murray, Esq.
Newport Beach, CA

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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