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Immigration Daily August 20, 2003
Previous Issues
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Editor's Comments

DV-2005 Is Electronic

The Department of State today released instructions for DV-2005, detailing the specific requirements for electronic filing. For the first time, paper entries for the DV program will not be accepted. For the lengthy and helpful documentation from DOS on DV-2005, please see:,0820-diversityvisa.shtm.


Curriculum For "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/ Athletes, Chefs/Cooks, Religious Workers"

The curriculum for "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/ Athletes, Chefs/Cooks, Religious Workers" is as follows:

FIRST Phone Session on August 27:    Entertainers, Artists and Athletes

1. The Non-Immigrant Categories

  • O-1 Individuals of Extraordinary Ability
    • Meeting the evidence tests to show one is "extraordinary"
    • Dealing with peer group consultations
    • Special standards for motion picture and television productions
    • Dual intent issues
  • P Visas for Performing Athletes and Entertainers
    • When to file a P-1 case instead of an O-1
    • Special rules for circus performers
    • Dual intent and consultation issues
    • P-2 visas for performers using exchange programs
    • P-3 visas for culturally unique performer
  • Q-1 visas for Cultural Exchange Visitors
  • Other potential NIV categories for artists and entertainers

2. Immigrant Visas

  • EB-1 Extraordinary Ability in the Arts and Athletics
  • EB-2 National Interest Cases
  • EB-2 Schedule A, Group II Cases for Exceptional Ability Applicants
  • Other potential IV categories for artists and entertainers

SECOND Phone Session on September 15:    Hospitality Workers

1. Non-Immigrant Options for Chefs, Cooks and other hospitality workers

  • B-1 visas for domestic employees
  • E-2 visas for owners, executives, managers and specialized employees of foreign-owned hotels and restaurants
  • H-1B visas for management level chefs and hospitality management employees
  • H-2B visas for temporary and seasonal employees
  • J-1 trainees
  • L-1 intracompany transfers
  • O-1s for outstanding chefs and distinguished managers
  • TN visas for hotel managers
  • H-3 trainees

2. Green Card Options for Chefs, Cooks and other hospitality workers

  • EB-1 Multinational Managers
  • EB-1 Extraordinary Ability chefs and manager
  • Labor Certifications for "foreign specialty" cooks and chef and hospitality management employees

THIRD Phone Session on October 9:    Religious Workers

1. R-1 Nonimmigrant Religious Workers

  • Key requirements
  • What is a religious denomination?
  • What types of religious workers qualify?
  • The 501(c)(3) requirement
  • Experience requirements
  • The application process
  • Dual intent issues
  • Pay requirements

2. EB-4 Immigrant Visas for Religious Workers

  • Key requirements
  • How does the EB-4 category differ from the R-1 visa?
  • Can volunteers qualify?
  • What types of religious workers qualify?
  • How can a church show it has the ability to pay?
  • The application process
  • Sunset provisions

3. Other possible strategies

The deadline to register is Monday, August 25th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

Migrating To Recovery: The Role Of Immigration In Urban Renewal
Walter A. Ewing of the Immigration Policy Center at AILF writes "As policymakers search for ways to revive moribund state and local economies, thereby replenishing public coffers, they should keep in mind a simple truth embraced by officials in states from Iowa to Utah and in cities from Albuquerque to Boston: immigration is a key source of long-term economic vitality, particularly in urban areas."

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Immigration Law News

DOS Announces Extended Toll-Free Passport Service
The Department of State announced that as of today, the public can obtain passport information by calling a toll-free telephone number.

New Statistical Yearbook Section Says California Is Top State Of Residence For Persons Naturalizing In 2002
The BCIS released the Naturalization Section (5 pps.) of its 2002 Statistical Yearbook Section which presents information on the number and characteristics of persons who naturalize in the US. California was the residence of 26% of persons naturalizing in 2002 followed by New York with 16%. Other top states of residence included Florida, Texas, Illinois, and New Jersey.

BICE Releases LESC Fact Sheet
The Bureau of Immigration and Customs Enforcement (BICE) released a fact sheet and press release on the The Law Enforcement Support Center (LESC) which serves as a national enforcement operations center by providing timely immigration status and identity information to local, state and federal law enforcement agencies on aliens suspected, arrested or convicted of criminal activity.

DOS Announces DV Lottery 2005 Instructions
The Department of State announced the instructions for the 2005 diversity immigrant visa program reflecting the change to a completely web-based format.

6th Circuit Adopts BIA Definition For "Particular Social Group"
In Castellano-Chacon v. INS, No. 02-3273 (6th Cir. Aug. 18, 2003), the court, in a case of first impression for the 6th Circuit, said that it was barred from reviewing the Board of Immigration Appeal's decision in denying Petitioner's application on the basis that it was untimely. In articulating, for the first time in the 6th Circuit, a specific test for "particular social group" in the aslyum context, the court joined the 1st, 3rd, and 7th Circuits in adopting the BIA's definition thereof (the court declined to join the 9th Circuit and the 2nd Circuit in their interpretations of that term). The court also noted that while the definition of a "social group" was a flexible one encompassing a wide variety of groups, it was apparent that the term had an outer limit outside of which the group of "tatooed youth" fell.

Past Association With PFLP And PLO Is Substantial Evidence Supporting BIA Decision That There Exist Reasonable Grounds To Believe That Alien Poses A Danger To Security Of US
In Mortagy v. Ashcroft, No. 02-60544 (5th Cir. Aug. 15, 2003), the court said that the Board of Immigration Appeal's (BIA) decision that Petitioner was not eligible for withholding of deportation because of his past association with the Popular Front for the Liberation of Palestine was a factual finding, subject to the substantial evidence standard. The court also noted that other evidence in the record supported the BIA's decision, for example, Petitioner's testimony that he spent several months in Lebanon undergoing military weapons training provided by the PLO.

IJ's Delayed Ruling On Motion To Reconsider Does Not Qualify As Exceptional Circumstance
In Omonkhomon v. Ashcroft, No. 02-2332 (4th Cir. Aug. 18, 2003), the court said that the Immigration Judge's ruling on Petitioner's motion to reconsider until after the expiration of the period of voluntary departure was not intentional and did not qualify as an exceptional circumstance justifying Petitioner's failure to voluntarily depart in a timely manner.

Immigration Becomes One Of Key Issues In Phoenix Mayoral Race
The Arizona Republic reports "Randy Pullen raised the profile of immigration issues in the race for Phoenix mayor Monday with a fund-raiser featuring a US congressman who is an outspoken critic of immigration policies."

Issue Over Age Leaves 18-Year-Old Orphan In Immigration Limbo
The Pennslyvania Patriot-News reports "The case of a young West African man who has spent 32 months in detention has attracted the attention of lawmakers, who want the federal government to release him to a refugee shelter and delay deportation proceedings."

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Experienced Canadian Immigration Attorney
The Law Offices of Bart Klein seeks an experienced attorney in Canadian immigration law for a full-time position based in Seattle, WA. Minimum 2 years experience in Canadian immigration law required. Attorney will advise clients on Canadian Immigration law and NAFTA. Must either possess or be eligible for WA State bar license or foreign law consultant license. Salary DOE. Send resume to: Law Offices of Bart Klein via fax at 206-624-6371.

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 or fax to (859) 253-1093. EOE

Credential Evaluation And Translation Service
Having problems with other credential evaluation company's RFEs? American Evaluation and Translation Service, Inc. (AETS) provides 'specialty occupation' position evaluations and work experience evaluations completed by PhD university professors, who have the "authority to grant college level credit for work experience and/or training." AETS evaluations are consistently accepted by the BCIS because the evaluations are completed by PhD professors from 4 different universities with expertise and knowledge in all major fields. We provide the most competitive rates in the industry - $50 educational evaluations and $200 position and work experience evaluations. We offer a variety of turn-around times, including same-day educational, position and work experience evaluations. A complete list of prices and turn-around times is at: AETS provides expert translations in over 75 languages, with translators that are specialists in over 80 fields. For an application for credential evaluation and translation services, contact AETS at (786) 276-8190, visit us at, send us an email: or fax us your documents to (786) 524-0448 or (786) 524-3300.

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Letters to the Editor

Dear Editor:
I deeply appreciate the sincerity of Mrs. Keener on her remarks by saying: "Many immigration judges do their own typing, copying, and other office chores. We share very limited resources for law clerks to help research the law and changing country conditions abroad. Our annual conference, which provides legal training and education on cultural sensitivity in the courtroom, was canceled this year due to lack of funds." That, in my opinion, is a good wake up call in itself. It is a clear sign of what we all have suspected before; despite the high fees paid for immigration services, the government is not managing the BCIS financial resources properly. I wonder how many billions of dollars the BCIS collects every year from the application fees and how they make use of it. I feel like volunteering to be a Clerk to the immigration judges in my jurisdiction, the same way I am a volunteer in my community, with the hope that it would help judges relieve their stress and better serve those in need of our justice system. Shame on you BCIS. I believe that with the fees charged to its customers, BCIS collects enough money to hire clerks to do the administrative work instead of relying on a judge's time. It is time for people interested in a fair immigration policy to step up to the plate. The Boston incident is a clear sign that we need to bring decency to our immigration courts, by applying the right standards of basic infrastructure to run the BCIS. By doing so, the people in charge of taking decision about other people's lives (not only the judges, but every public servant at BCIS in contact with the immigrants in need of their service), are not exhausted to the point of losing focus of their obligation, and behaving out of the boundaries of liberty and justice for all.

C. Silva

Dear Editor:
The legislation/guest workers bill introduced into Congress by Rep. Kolbe, Rep. Flake, and Sen. McCain disqualifies any undocumented worker who has been convicted of a felony or misdemeanor committed in the US, "excluding crimes related to unlawful entry or presence in the US and crimes related to document fraud undertaken for the purpose of satisfying a requirement of this Act or obtaining a benefit under this Act". My understanding of the above is that the exclusion would comprise everyone who may have been convicted of a misdemeanor, say, in the use of a false social security card to obtain employment or a driver's license, convicted for driving without a valid driver's license, etc. Is my interpretation of this exclusion correct?

Richard E. Baer

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 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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