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Immigration Daily

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Immigration Daily September 9, 2003
Previous Issues
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Editor's Comments

Legalization - The Stars Begin To Align

The 7 to 10 million undocumented aliens in the US represent a major social and legal crisis. The huge numbers of the undocumented stagger the imagination - nearly 1 in 30 people in America is an undocumented alien. This is not just a legal crisis, it represents a collapse of statesmanship and borders on a political/social calamity. Often, people look at this as an enforcement problem, but it is deeper than that - the problem is not just with enforcement of the law, the problem is the law itself. The law is being broken because the law itself is broken - the law on the books does not work for the real America outside of the Beltway. Immigration law, a creature of the DC elite, is out of sync with America. Immigrants across the world seek economic opportunity in their journey to America. Complementing that supply of immigrants is the need in the American economy for large numbers of immigrant labor at various levels. Unfortunately, the DC elite view immigration primarily in terms of international social work instead of the needs of the economy. Refugees, the Diversity Lottery, and above all, Family-based immigration dominate thinking and policy in government and in the numerous interest groups busy in the immigration field - both on the pro-immigration and the anti-immigration sides. Instead of being the heart of the discussion, America's desparate need for large scale Employment-based immigration is consigned to the periphery of the immigration debate. This state of affairs has made the undocumented problem into the Elephant in the Room - everyone knows about the problem, but hardly anyone wants to talk about it. However, the inevitable can only be delayed, not denied - we believe that a massive legalization program is inevitable. Recent events lead us to believe that the political stars may finally be aligning the right way for massive legalization, the Washington Times reports "All eight of the Democratic presidential contenders at [last] Thursday's debate embraced amnesty for illegal aliens now in the United States." Going into the Presidential election in 2004, it is hard to imagine President Bush not responding in some way to this initiative. When, not If, is the only issue still to be decided about a legalization program that would embrace millions. Immigration Daily will keep you informed.


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 Thursday, September 11th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

RICO: A New Tool For Immigration Law Enforcement
Micah King for the Center for Immigration Studies writes that recent decisions have made the RICO Act one of the most important tools in the private enforcement of US immigration law.

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

In Bizarre BALCA Appeal, Employer Asserts That It Is Not Its Duty To Chase US Workers To Fill Already Filled Position
In the Matter of Huff-N-Puff, No. 2002-INA-182 (BALCA, Apr. 11, 2003), the Employer asserted that "it did not see it as its duty to chase after people to fill a position that was already filled by a very qualified individual."

White House Supports E-2 Visa For Denmark
The White House in a statement to the Senate said, "US investors are already eligible for Danish visas that offer comparable benefits to those that would be accorded nationals of Denmark under E-2 visa status."

Defendant's Challenge Of His Deportation Order Fails Because His Previous Conviction Bars Him From 212(c) Relief
In US v. Gonzalez-Valerio, No. 02-50260 (9th Cir. Sep. 8, 2003), the court said that it need not address whether the Immigration Judge adequately informed Defendant of the availability of relief under 212(c) because Defendant could not demonstrate prejudice because his 1997 conviction for willful infliction of corporal injury upon a spouse statutorily barred him from receiving 212(c) relief.

Immigration Is Vital To Our Survival
An op-ed in the Arizona Republic says "If you want to know why there is a growing meeting of the minds among liberals and conservatives on immigration, it is this: The stark reality is that we won't be able to fill vital jobs, short term or long term, without immigrants."

Democratic Presidential Hopefuls Unanimously Call For Amnesty Program
The Washington Times reports "All eight of the Democratic presidential contenders at Thursday's debate embraced amnesty for illegal aliens now in the US, pushing the issue onto the national stage for the presidential contest."

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Help Wanted: Experienced Immigration Paralegal
Goel & Associates, P.C. (G&A) , a leading business immigration law firm, seeks an experienced immigration paralegal to join its fast-paced corporate immigration practice located in Greenbelt, MD. Candidates must have at least one year of business immigration experience, ideally with H-1B, L-1, Labor Certification, and I-140/Adjustment of Status cases for clients in the high tech sector. A college degree, excellent communication and organizational skills, knowledge of PC applications, and the ability to work independently are required. We offer an outstanding work environment and an excellent compensation and benefits package, including a business-casual dress policy, health and dental insurance, 401(K), free parking, and more. To apply, please send resume, cover letter, and salary requirements to, or fax to 301-313-0445.

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

Help Wanted: Experienced And Entry-Level Paralegals
Greenberg Traurig, a large international law firm, has openings in its Tysons Corner office for experienced and entry-level immigration specialists/paralegals. Will train for entry-level/junior position. Both positions require a Bachelors degree; experienced position requires 3+ yrs of experience in the immigration field, with at least one year at a senior level. Strong organizational, written, computer and verbal skills are required. Excellent benefits and compensation packages offered. Send resume + cover letter, including salary requirements by either fax: 703-714-8378 or email: Please state the position, experienced or entry-level position, that you are applying for.

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.
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Letters to the Editor

Dear Editor:
Only 3 more weeks before the H-1b cap is reduced to 65,000. Great news for the qualified and highly skilled American workforce that will now have a better chance to get a job they deserve.


Dear Editor:
The following minutes were released by The E-filing Standards for Immigration Group.,0909-esig.pdf

Robert C. Meltzer
On behalf of ESIG

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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