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Immigration Daily August 13, 2003
Previous Issues
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Editor's Comments

Immigration And Search Engines

What happens when you enter the term "immigration" in the top four search engines? Immigration Daily set to find out. Here are the results of our quick search when we entered "immigration" on: Google, AOL search, MSN search, Yahoo search (recent statistics indicate that these four search engines account for about 90% of all searches conducted worldwide). While reviewing our findings below, please bear in mind that search engine rankings are dynamic and may change from time to time. Our findings are accurate as of the time of going to press today.

The former page of the then INS ranked very high on all four search results but the new BCIS site at immigration.gov was #10 in 3 out of 4 and absent in the 4th Top 10 list. Since the BCIS website has recently migrated to its new URL, it may be a few months before it returns to its former top position on all search engines. Sites which ranked in the Top 10 on all four search engines included the National Immigration Forum, The Center for Immigration Studies, AILA, and, naturally, ILW.COM. Our site ranked #3 on one search engine, and #6 on the other three search engines. Since a large percentage of web surfers use search engines to find information, ILW.COM is one of the most visited immigration-related websites.


ILW.COM Focus

Curriculum For "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional"

The following is the curriculum for ILW.COM's seminar "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional"

FIRST Phone Session on June 30: Multinational Executives/Managers (EB-1-3)

  • Basic regulatory criteria and proofs
  • Distinguishing features between EB-1-3 and L-1A categories
  • Advantages of EB-1-3 category
  • Claim for a small company executive/manager
  • Functional manager
  • Blanket L issues & consular process
  • Current trend and difficulties

SECOND Phone Session on July 10:

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

THIRD Phone Session on August 28: Alien of Extraordinary Abilities (EB-1-1)

  • Basic regulatory criteria and proofs
  • Advantages of EB-1-1 category.
  • Alien must continue to work in same field - How to establish such intent?
  • Public charge issue - What different proofs can be shown to overcome this concern?
  • Current trend and difficulties

In addition to the specific curriculum above, general points covered in this series will include: Letters of reference: How many and from where? - Regulatory criteria: The Number Game - Alien's young age should not be a deterrent - Responding to RFE - Practical suggestions: Alien's lawful or unlawful status in U.S.

The deadline to register is Tuesday, August 26th. 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

Religious Workers: A Last Chance Before September 30, 2003 To Obtain Permanent Residence For Non-Ministerial Religious Workers Without A Labor Certification Application
Bernard P. Wolfsdorf and Cliff Rosenthal writes "It is not yet clear whether or not the [special immigrant status of non-ministerial, religious workers] provision will in fact be extended before it sunsets on September 30th, given the current fluctuating immigration climate."


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

BALCA Says Employer's Failure To Produce Requested Documentation Is Ground For Denial
In the Matter of 4 Brothers Tire Shop, No. 2002-INA-89 (OALJ, Aug. 11, 2003), the Board of Alien Labor Certification Appeals said that Employer's failure to produce requested documentation that was easily obtainable and had a direct bearing on the resolution of this issue without submission of alternate adequate documentation was a ground for the denial of certification.

INS Agent's Detention Of Undocumented Is Lawful Where Some Aliens Confirm They Are Undocumented
In US v. Cota-Herrera, No. 02-1556 (10th Cir. Aug. 6, 2003), the court said that "after asking the occupants about their legal status and receiving responses confirming that at least some of the passengers were undocumented, while receiving no responses indicating that anyone was properly documented, [INS agent] White was justified in transporting the passengers to the INS facility for further investigation and administrative processing."

Felony Qualifies As USSG 2L1.2 "Crime Of Violence" For 16-Level Enhancement
In US v. Pimentel-Flores, No. 02-10353 (9th Cir. Aug. 11, 2003), the court held that "under US Sentencing Guideline 2L1.2, amended as effective November 1, 2001, a "crime of violence" needed only to be a "felony" as defined in the application notes, and not an "aggravated felony" as statutorily defined, to qualify for a 16-level enhancement."

Ugandan's Testimony Lacks Credibility
In Kalitani v. Ashcroft, No. 02-2346 (1st Cir. Aug. 11, 2003), the court said that many inconsistencies in Petitioner's testimony including her explanation of how her birth certificate was procured, discrepancies between her name and the name stated on her passport and visa, and her demeanor and less than candid responses supported the Immigration Judge's finding that Petitioner lacked credibility.

US Unemployment Has Made Visas A Hot Issue
BusinessWeek.com reports "A battle is brewing over foreign professionals in America."

BCIS Employees' Jobs Up For Competitive Bid
GovExec.com reports "Homeland Security Department employees who handle benefits and other services for immigrants will have to compete for their jobs within the next 11 months, the head of the Bureau of Citizenship and Immigration Services announced in an Aug. 1 internal e-mail to staff."


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

Experienced Immigration Attorney
Stoll, Keenon & Park, one of Kentucky's oldest and largest law firms founded in 1897, seeks an experienced business immigration attorney based either in its Lexington or Louisville, Kentucky office. Minimum 2+ years of full-time experience in preparing H-1B, L-1, E-2, TN, labor cert, I-140, and AOS applications is required. Candidate must have a stellar academic record as well as possess excellent research and writing skills. The position requires a highly organized individual who is proficient with case management software. We offer a great working environment and a competitive salary and benefits package. Email resume + cover letter to Denise Wilson, Human Resources Manager at wilson@skp.com or fax to (859) 253-1093. EOE

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:
I would like to request any attorney to write about legal issues and consequences of a foreigner, who owns an American company, and/or is a member of the Board of Directors for that company, requesting his/her spouse for an H visa (just to mention one class of visa) and in the meantime requesting the derived status (H4) as a condition for being married.

Jacqueline Danzer

Editor's Note: We welcome submissions both as letters to the Editor and Featured Articles. Send submissions to editor@ilw.com.

Dear Editor:
I have been waiitng for my H1B petition for about a year now and i am just about to give up and go home. I am angry that people like me who take the time and spend the money to go thorugh the legal process are being met with great ineptitude. I don't wonder anymore why some illegals did not even want to try the legal way.

Name Not Provided

Dear Editor:
I enjoy Immigration Daily's perspective on immigration. I'm not exactly pro or contra, because my family's situation puts me smack dab in the middle. Immigration problems are deeper than a simple matter of enforcement. Laws should be coherent, morally justifiable, and administered efficiently. The example I'm submitting has both shock and awe value. Its a perfect example of how our government's habit of importing humans doesn't work because the system is overwhelmed beyond what it can handle. I'm a US citizen, born and raised here by my father who served 2 terms in Vietnam with the 5th Special Forces Group. My husband was imported, recruited, whatever you want to call it, from Toronto Canada in 1996 under the National Interest waiver, EB2 classification. Its a term the BCIS doesn't want to discuss or define, because it creates loopholes which, in my opinion, creates opportunity for corporations and politicians to exploit human subjects, both immigrants and American citizens alike. That being the case, the generally accepted view of the "national interest" for immigration purposes in 1996 is that it must be in the nations best interest, promote a better economy for US citizens, not take a job away from an American citizen, possesses extraordinary skills and abilities which are of great value to our great nation. Our government has a national shortage of Forensic Firearms Experts. Believe it or not, this expertise is critical to the nation and the law enforcement community, in the highly unique and specialized area of forensic firearms and toolmark examinations. Specific state of the art firearms analysis programs are designed to link with Federal and State resources in order to have a wide-ranging interstate impact as an aid to solving firearms related crimes. One would think this science is pretty important, demonstrated by the fact that Congress says that Firearms safety and the prevention and prosecution of crimes using firearms, is in the national interest. This is evidenced by the fact that Congress in 1996 passed Public Law 104-106, which includes, Title XVI- Corporation for the Promotion of Firearms Safety, and Title 18 USC Ss 922(q)(1)(A). Congress, by passing these laws for the people of the US, recognized and declared that the promotion of firearms safety, and the prosecution of criminals that use firearms while committing crimes, is in the national interest. My husband is a highly skilled Forensics Firearms Expert with over 14 years of service, who has taught many firearms programs and written extensively about his profession. In fact, he authored a training manual currently in use at the FBI. Hundreds of letters written by prominent law enforcement and high-ranking government folks have testified to their firsthand knowledge of my husband's merit and how he has significantly contributed to the security of the US and its citizens. So in 1996, despite best efforts, a prominent law enforcement agency tried to fill the national shortage of Firearms and Toolmark Examiner positions. After they spent a good bit of tax dollars and a lot of time, they apparently determined that there weren't any Americans who either wanted this job or were well-qualified to fill. My husband's knowledge and experience helped the FBI, DEA, Justice Dept., US Marshal Service and the BATF gain more convictions and put violent criminals behind bars than the state had ever seen. Instead, he was rewarded by working thousands of unpaid hours of overtime. Someone even told him that if he complained or didn't keep up the pace, he'd be deported. To make matters worse, the well-meaning folks over at the INS applied their individual interpretation on immigration law and $30,000 in legal and immigration costs later, he is now unemployable. Our system cannot continue to import people. Post 9/11, my husband had the opportunity to work full-time with the US Army, as a contract Research Engineer working with life support equipment worn by the aircrew defending our nation. His good reputation as a consultant to SPAWAR/JOTC while employed as a Firearms Examiner brought the Army to him. Some high ranking folks wrote a lot of letters to our local Congressman asking that the immigration process be expedited, because they say my husband's "extraordinary skills and abilities are vital to the well-being of our nation and its security." They say he needs citizenship in order to keep working for the Army. Their attorneys say actively soliciting his naturalization is a big no. They say they have jobs that only he can fill due to his "unusual knowledge and experience." They're impressed by the fact that he provided weapons design on a system used by our Major Forces Program. The Army says they need expedited naturalization now. The folks at the BCIS say he can't apply for citizenship for another year, and having "unique skills vital to our national security" really isn't all that important. They say in a "best-case scenario, it'll take 3 - 5 years to process his N400 due to backlogs." Now after a 17 month stall, I recently discussed this matter with our Senator's office. The State Director of our district says the BCIS is "beyond control." He says that immigration issues top the list of requests his office is asked to handle. He says there is probably nothing that can be done. We've written Secretary Ridge, Mr. Ashcroft, Mr. Bush, our Senators, our Congressman. And all we get is silence. The system is not working. Its not easy. Some immigrants get a free ride, some are exploited. My husband needs a job to replace his expiring contract. Our system says it values IT-backed political contributions so 3rd world countries can shuttle their people over here. I think that qualifies as taking an American's job. Talk about a security risk. Our system says all the successful security and background checks and 14 years of public service don't mean squat because my husband is a foreigner. 8 years of working to make America safer isn't worth the bother.

Name Not Provided


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

© Copyright 1999-2003 American Immigration LLC, ILW.COM


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