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Immigration Daily

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Immigration Daily August 21, 2003
Previous Issues
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Editor's Comments

Major Virus Outbreak

The Sobig.F virus is one of the most virulent email strains ever seen. According to TechTV, Sobig.F only affects Windows systems; Machines running Windows 2000, Windows 95, Windows 98, Windows Me, Windows NT, and Windows XP are all susceptible to the worm. According to, "The self-replicating virus, which arrives in e-mails carrying subject lines like "re: your details" and "re: wicked screensaver," searches infected computers for other e-mail addresses and sends itself to them." As a result of this virus, you may see an unusually large amount of spam in your email inbox. At ILW.COM, we have received well over 1,000 attacks from this worm. Since the worm spreads thru email address books, you may well have received this worm through email purporting to come from us. Please rest assured that no computer in our company has been infected and we have not transmitted this virus to anyone. For tips on how to stop this virus from infecting your computer, see here:,24330,3505076,00.html.


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

Ethical Dilemmas In A Post 9/11 World
Cyrus D. Mehta writes "In an era of heightened security following the attacks in New York and Washington DC on September 2001, immigration lawyers often represent clients who are subject to measures that selectively enforce against nationals of certain countries."

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

New Statistical Yearbook Section Says 63% Of All Legal Immigrants Were Family Sponsored In FY '02
The BCIS released the Immigrants Section (8 pps.) of its forthcoming 2002 Yearbook of Immigration Statistics which presents information on the number and characteristics of persons who immigrate to the US.

USSG Amendment 632 Cannot Be Used To Reduce Defendant's Sentence Retroactively
In US v. Chavarria-Ahumada, No. 02-2113 (10th Cir. Aug. 18, 2003), the court said that USSG Amendment 632 may not be applied retroactively to reduce a Defendant's sentence for illegal reentry by a deported alien previously convicted of an aggravated felony.

Due Process Denied Where BIA Sends Notice To Incorrect Address
In Singh v. INS, No. 02-71594 (9th Cir. Aug. 15, 2003), the court said that "the BIA's refusal to allow Petitioner to file a brief explaining his allegedly inconsistent testimony violated his right to due process" when the "BIA itself deprived him of the opportunity to timely file his brief by sending the briefing schedule and transcripts of proceedings to the wrong address."

Defendant's Admission Of Facts Support His Guilty Plea To Illegal Reentry
In US v. Baeza-Castillo, No. 02-51352 (5th Cir. Aug. 18, 2003), the court said that Defendant's admissions that he was a native and citizen of Mexico found within the US on April 15, 2002, and his admissions that he had been previously deported and did not receive permission to reenter, were more than adequate to support his guilty plea.

Afghan Pashtun Safe In Kabul
In Shah v. Ashcroft, No. 02-3440 (3rd Cir. Aug. 18, 2003), the court in denying an Afghan's petition for review said that "significantly, Petitioner did not present evidence demonstrating that there is no place in Afghanistan where he could live safely" as a Pashtun, Petitioner would be no less safe in Kabul than any other Pashtun.

Almendarez-Torres Binds Circuit Court
In US v. Sanchez-Medina, No. 02-41582 (5th Cir. Aug. 19, 2003), the court said that it was bound to follow the precedent set in Almendarez-Torres unless and until the Supreme Court determined to overrule it.

Chinese Couple Face Child Custody And Immigration Battle
The Boston Globe reports "A world away from his home in China and accused of sexual assault, Shaoqiang He made two life-altering decisions."

US Believes Smuggling Migrants Has Become An Organized Crime Activity reports "The US believes organized smuggling rings are responsible for a dramatic increase in illegal traffic along the border, and in the unprecedented numbers of migrants dying in their attempts to get in."

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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.

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Letters to the Editor

Dear Editor:
Thanks to Judge Keener for her balanced perspective and for setting the record straight on the tenure of Immigration Judges. I have had the pleasure of being in Judge Keener's courtroom in San Francisco on several occasions, and she exhibits the epitome of courtroom sensitivity. The system is obviously seriously flawed if it took an outraged, independent third party (witness/physician) who was not part of the political web of judges and lawyers, and therefore had nothing to lose, to bring Judge Ragno to justice. This may be an isolated incident in the sense that it is one judge in one District, whose inappropriate conduct should not reflect poorly on the scores of conscientious judges throughout the country. However, it remains to be seen whether it is an isolated incident of misconduct or a pattern of misconduct unreported over a long period of time. Therefore, in place of all the media hype I'd like to see more thought given to the process by which an unfit judge is removed from the bench.


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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