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Immigration Daily

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Immigration Daily September 4, 2003
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Editor's Comments


In today's Featured Article, "Fall Guy: U.S. Immigration and the Myth of Offshoring", Gary Endelman writes:

  • If conventional wisdom holds, the immigration landscape will be transformed beyond recognition within a few short months as a panicked Congress takes a meat axe to the H-1B and L-1 visa categories.
  • Rather than causing the loss of American jobs, offshoring is a mechanism to maintain levels of domestic hiring that would otherwise simply not be possible. US banks, insurance companies and financial service providers have saved $6 billion in the past 4 years by offshoring to India. During this same period, such savings made it possible for these same employers not only to avoid layoffs but actually add on 125,000 new jobs.
  • Of all the myths that surround off-shoring, none is more pernicious than the threadbare argument that is a threat aimed solely at American workers. The off-shoring trend impacts equally US workers and US employers. Their fortunes are joined at the hip. This is NOT a worker vs. employer issue. To believe that is to misunderstand what is radically new here. Jobs have left America for cheaper labor markets before, but this is the first time that America's primacy in the global economy is under serious and sustained challenge. Corporate executives who are ready and willing to cut labor costs may not fully grasp that their own survival is also at stake.
To read the article, please see:,0904-endelman.shtm


Curriculum For ""I Like To Be An American!": Current Issues In U.S. Naturalization And Nationality Law"

The curriculum for this teleconference series featuring a panel of nationally renowned experts who will comprehensively address naturalization, citizenship and nationality law issues in detail is as follows:

FIRST Phone Session on July 30 and SECOND Phone Session on August 14:


  • Proving the Basic Requirements:
  • Does Your Client Satisfy the Physical Presence Requirements?
    • Can You Distinguish Preservation of Residence for Purposes of:
      • Retention of Lawful Permanent Resident Status?
      • Eligibility for Naturalization?
      • Income and Estate Taxation?
    • Does Your Client Qualify for Preservation of Residence for Naturalization Purposes (Form I-470)?
    • Do You Know How to Deal with the Special Problems of Permanent Resident Commuters?
  • Is Your Client's Moral Character Good Enough?
    • Addressing Issues of Criminal History;
    • Resolving a Failure to Register for Selective Service;
    • Dealing with a Client's Failure to Acknowledge All Material Facts on the N-4000 or a Misrepresentation Before or During the Naturalization Interview.
  • Issues, Tips and Tactics:
    • Overcoming Obstacles to Naturalization:
      • Literacy;
      • Civics and History Exam;
      • Physical or mental infirmity;
      • Language and Health Waivers for Naturalization
      • Claiming exemption from military service on the basis of alienage;
  • When Naturalization Is A Very Bad Idea:
    • Did Client Obtain LPR Status under Questionable Circumstances?
    • Has Client Been Misbehavin' while an LPR?
  • Hurry up and wait: Tips, Strategies and Best Practices.
    • Standard Versus Expedited Processing;
    • Resolving delays in Adjudication of Naturalization Applications;
    • Informal Administrative Action;
    • Tell it to the Judge: Mandamus and INA 336(b) Actions;
  • Dealing with a Denial of Naturalization: Evaluating the options.
    • Administrative Appeal;
    • De Novo Judicial Review under INA 310(c).

SECOND Phone Session on August 14 and THIRD Phone Session on September 10:

Nationality and Citizenship Issues

  • How Do I Establish Derivative Citizenship Claims?
  • When Is Citizenship Acquired by Birth Abroad ?
  • Is My Client Covered under the Child Citizenship Act of 2000?
  • What Tax Issues Arise in the Acquisition or Renunciation of Citizenship?
  • Is My Client an "Accidental" Citizen?
  • Is BCBP enforcing the Ground of Exclusion for Expatriation to Avoid U.S. Taxation?
  • How Do I Develop Evidence to Support a Claim to Citizenship?
  • Should I Apply for a Passport or for Certificate of Citizenship?

Nationality Issues

  • What is the U.S. and International Law of Nationality?;
  • How Do Recent Cases Define the Term U.S. "National"?
  • Are there Exceptions to the Dual Nationality Rules for NSEERS Purposes?
  • When Does a Person Lose U.S. Nationality?
    • Voluntary Renunciation
    • Committing an Expatriating Act
  • How Do I Defend a Claimed Loss of Nationality or Denaturalization Proceeding?

The deadline to register is Monday, September 8th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

Fall Guy: U.S. Immigration and the Myth of Offshoring
Gary Endelman writes "If conventional wisdom holds, the immigration landscape will be transformed beyond recognition within a few short months as a panicked Congress takes a meat axe to the H-1B and L-1 visa categories."

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

DOS Responds To Cuban Visa Delays
During a press briefing, Department of State Spokesman Boucher responded to a question on the visa delays for the Cuban winners of the Latin Grammy awards.

TPS Extended For Burundi And Sudan, Terminates For Sierra Leone
The Bureau of Citizenship and Immigration Services extended the designation of Burundi and Sudan for 12 months until November 2, 2004 and terminated the TPS designation for Sierra Leone, effective May 3, 2004.[Ed. 9/04/03]

BALCA Says Adequate Documentation Reflecting Employees Are Rejected For Lawful, Job-Related Reason Is Necessary
In the Matter of Accent Awnings, No. 2003-INA-87 (BALCA, Aug. 14, 2003), the Board of Alien Labor Certification Appeals said that an Employer could not reject US workers for failure to provide verifiable references when there was no documentation that the Employer specifically requested such reference and applicants did not comply.

White House Is Asked When President Bush Will Introduce His Immigration Proposal
During a White House press briefing, Press Secretary McClellan responded to the question, "When is the President going to call for an immigration proposal?"

American Military Hero Expeditiously Naturalized
The Bureau of Citizenship and Immigration Services issued a news release where BCIS Director Aguirre said, "It's gratifying to see that the President's Executive Order is allowing us to speed the process through which our sons and daughters in uniform can become US citizens."

Guest Worker Programs Face High Hurdles
The Washington Times reports "Guest workers are the hot topic in immigration right now, with politicians from border states calling on Congress to stem the tide of illegal immigrants dying as they try to cross the US-Mexico border while addressing the economic situation that draws the immigrants."

Immigration Detainees Ask When Do I Get Out Of Here?
The Rocky Mountain News reports "Many inmates said they had been working in the US for years before they were rounded up by immigration agents, who catch only a fraction of the estimated 7 million illegal immigrants in the country."

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:


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.

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

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For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
I have been receiving emails from you that are most likely infected with a virus. I would advise that you take this seriously and take action to your computer's and get it scanned promptly because it is becoming disruptive to our business to be receiving these emails from you.

Name Not Provided

Editor's Note: We would once again like to reassure our readers that no computer at ILW.COM is infected with a virus or has been infected with a virus in approximately the past three years. The email that you are referring to purports to come from us but does not in fact originate from us. The Sobig.F worm is almost certainly the culprit in this case. What has happened is that someone who had your email address and our email address on their computer got infected by the Sobig.F worm and resulted in you receiving an email which appeared to come from us. Please be aware that we are experiencing exactly what you are - over 1,000 attacks per day from this worm, these attacks appear to originate from all kinds of email addresses, maybe even including your firm. The Sobig.F worm is the worst virus/worm attack in Internet history and appears to be the first "spam worm". We sincerely hope that some solution is found to this problem but at this point it is up to the ISPs and maybe Microsoft.

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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