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Immigration Daily September 19, 2003
Previous Issues
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Editor's Comments

Immigration Daily On CD-ROM

ILW.COM is pleased to announce our new Immigration Daily CD-ROM. Unlike all other immigration CD-ROMs in the market today, ours boosts a state-of-art latest generation search engine. You don't need to learn complex searching skills to get the most out of our CD-ROM. If you can search Yahoo, you can use our CD-ROM. Many legal documents are available only in the pdf format. Unlike other immigration search engines, ours will search the text in the pdf format too. Other benefits include:

  • Have the convenience of 3 entire years of the Immigration Daily archives on your computer - no need to worry about long download times for large documents from the internet!
  • No Installation / Software Headaches - the CD-ROM runs from the CD-ROM drive directly, nothing will get installed on your hard drive
  • Web Browser interface - no need to learn any navigation tricks
  • Find articles, letters to the Editor, cases, Federal Register announcements, INS memoranda, and more.

To order, please see: (for the fax version of the order form, please see:


Curriculum For "Current Issues In Immigration For Nurses And Other Healthcare Professionals (PTs/OTs/MTs/MLTs/SLPs-As/Physician Assistants)"

The curriculum for ILW.COM's new telephonic seminar series "Current Issues In Immigration For Nurses And Other Healthcare Professionals (PTs/OTs/MTs/MLTs/SLPs-As/Physician Assistants)" is as follows:

FIRST Phone Session on September 30:

  • NIVs: H-1Bs and H-1Cs
  • IVs: Schedule A and Non Schedule A
  • Overview of licensing issues
  • Final rules related to the certification of foreign-educated healthcare professionals
    • application to TN and temporary visas
    • initial application and adjustment of status
    • transition period
    • BCIS approval of certifying agencies
  • How the rule will affect recruitment
  • How the rule will affect CGFNS Visa Screen process

SECOND Phone Session on October 23:

  • How the shortage of healthcare professionals is affecting recruitment
  • Working with contract/independent recruiters
  • How do healthcare professionals adjust to the U.S. healthcare system
  • Has the pace of international recruiting increased, decreased or remained the same?

THIRD Phone Session on November 24:

  • Visa processing in India and the Philippines
  • Attitudes in the Philippines and India
  • State licensing process for the foreign educated nurse
  • Success rate on the NCLEX-RN for the foreign educated nurse
  • Practice experiences/discipline experiences for the foreign educated nurse
  • Recruitment efforts
The deadline to register is Friday, September 26th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

H-1B Practice In The Twilight Zone
Cyrus D. Mehta writes "Unless Congress acts by September 30, 2003, many provisions of the H-1B visa program will sunset on October 1, 2003."

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Immigration Law News

Senate Hearing Testimony On Importance Of H-1Bs To American Economy
The Senate Committee of the Judiciary held a hearing on H1-Bs and received testimony from the following: Mr. Patrick Duffy, Human Resources Attorney Intel Corporation; Ms. Elizabeth Dickson, Director of Immigration Services , Ingersoll-Rand Company; Mr. Stephen Yale-Loehr, Cornell Law School and AILA. Sen. Hatch (R-UT) and Rep. Leahy (D-VT) provided member statements.

BALCA Says Oral Verification Of Alien's Qualifications And Unsupported Rebuttal Letters Are Insufficent
In the Matter of Malinowski And Sons, Nos. 2002-INA-239, 2002-INA-240 (BALCA, Aug. 22, 2003), the Board of Alien Labor Certification Appeals said that Employer in its very brief, unsupported rebuttal letters merely asserted that it had converted to onion production, justifying conversion of the farm manager jobs offered from seasonal to permanent and that it verified the Alien's qualifications essentially by orally asking the Aliens about their qualifications prior to hire.

Authority To Issue An Immigrant Investor Visa Is Not Discretionary
In Spencer Enterprises, Inc. v. US, No. 01-16391 (9th Cir. Sep. 17, 2003), the court found that under 8 USC 1252(a)(2)(B)(ii), the authority to issue a visa under the immigrant investor program was not discretionary.

H-1B Abuse In Middleman Industry
The San Jose Mercury News reports "On the face of it, this exchange seems fair enough: US tech firms get a steady supply of qualified Indian engineers and programmers, while the workers get prime-time salaries, cutting-edge experience and First World comforts."

Citizenship Oath Revision Is Stalled
The Post and Courier of Charleston, South Carolina reports "An attempt to revise the citizenship oath to make it more meaningful for new Americans has been stalled after conservatives complained it weakened a pledge to serve in the military and eliminated a promise to bear arms."

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Case Management Technology
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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.

Books - 8 CFR, Includes 2003 BCIS Changes
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. For information on our various publications, see here. (A Supplement is provided Free of cost updating the 8 CFR Plus as of June 1, 2003. All BCIS related changes have been included in this Supplement as well as a complete index to ALL 8 CFR Sections updated as of June 1, 2003.)

Case Management Technology
Do you want to grow your immigration business in today's market? If so, let Emaximm help. Successful attorneys invest in the best technology to run their practice, so they can maximize the use of their time. Emaximm technology uses automation and easy to use tools that allow immigration attorneys to maximize their resources and improve profitability. Just enter a sample case in Emaximm and have your prospects and clients log into their client center for instant status and dialogue with your firm. No hidden costs, no setup fees, no per case fee, free phone support. Best of breed technology for a simple price tag. Test it out. You'll find it will be your smartest immigration tool. Visit our website at: to sign up for a test drive. For more information, email us at or call us at either one of our locations: Michigan: (248) 844-1200 x 204 or New Jersey: (732) 423-5159.

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:
In response to David Murray's "radical" "deport or deny" letter, it was Barry Goldwater who said, "I would remind you that extremism in the defense of liberty is no vice. And that moderation in the pursuit of justice is no virtue." A drastic situation demands a "drastic" solution. There are many bills for consideration now that would address the illegal problem that would be even less drastic than Murray's. As the present Iraq conflict has once again shown, nationhood is a test of power and will exercised in self-interest and in the most civilized manner possible. If our nation is to survive, the sanction of deportation must be vigorously pursued as well as other reasonable methods, against all those who would impose their will upon US in violation of our rights and sovereignty (whether by terrorism, warfare or demographics). Read: "Undue  Influence -- The Government of Mexico and U.S. Immigration Policies". Also, read in USC, Title 8, Sec. 1103 (Powers and Duties of the US Attorney General): "(1) The Attorney General shall be charged with the administration and enforcement of this chapter and all other laws relating to the immigration and naturalization of aliens... (5) He shall have the power and duty to control and guard the boundaries and borders of the US against the illegal entry of aliens and shall, in his discretion, appoint for that purpose such number of employees of the Service as to him shall appear necessary and proper." Sanctions against illegals and those who hire them can be done in the most orderly, respectful manner possible without resorting to really onerous methods. If we are unable to summon the will to defend our Nation in even civilized ways, then it may be fitting as well as inevitable that traditional America be transformed as present migration policies are allowing. Pres. Bush needs to be as concerned about Mexico as he has been with Iraq and others. While all illegals may not be terrorists, the border, immigration and other quasi-legal violations and maneuvers can no longer be tolerated as all such fosters an atmosphere in which terrorists can operate as well as disrespect for our sovereignty and is destructive of a cohesive society. 

R. L. Ranger

Dear Editor:
Whooo. I'd hate to be an undocumented immigrant walking into Mr. Murray's office. Sounds like he would personally drag them back to where they came from. The fact is, like it or not, undocumented workers are the backbone of many industries in the US, and it is too late to do anything about it. At least in big cities like the one I am in. Maybe in Orange county all they do is gardening work and sell oranges on the highway. I find conversations about undocumented people being "illegal" interesting and a bit distressing. I also find the fixation on people from Mexico interesting but not a surprise. I have hope that one day intelligent people will evolve beyond the type of thinking and feeling that is behind this talk. But not yet I guess. I see more of it in the previous generation than in mine. So perhaps it will just die off someday. Anyway, where I am, we have tons of undocumented people from all over the world, including Europe but I never hear anyone speak ill of them. But Caucasian immigrants have always had an easier time of it, haven't they? The venom from some people makes it seem like these undocumented folks are murderers or rapists. In many cases, they are merely people looking for a better life. That is as basic a human instinct as you can have. There seems to be something inhuman about the people who hold so much hatred inside themselves that they would begrudge another person the opportunity for a better life. Or maybe it's very human, but it isn't very healthy. It reminds me of the reaction of people during the civil rights movement who were opposed to equal rights for minorities. There was (and is) so much hate based on nothing at all other than a physical difference. This is a true failure of logic. Another failure of logic is to say that humans, who have migrated across the globe for tens of thousands of years, should stop this natural behavior because a line was drawn on a map. You know what, maps change all the time, and as much as some people would like, lines on paper can not change human nature. And as much as I'd like, probably nothing I will say will change the natural tendency to hate those that are different from you. As far as the whole "bleeding heart liberal" talk goes. I am one, and as far as I can tell, all that means is that I, and people like me, are nicer people than those who use the term in a derogatory manner.

Justin Randolph, Esq.
Chicago, IL

Dear Editor:
In response to Mr. Murray's letter, I can't believe an immigration attorney could paint such a villified portrait of illegal aliens. At least I have always assumed that Mr. Murry was an immigration attorney. And, why is someone with the intellect and historical perspective to see both sides of the coin, still talking as if the concessions made to illegal immigrants are made solely in their interests, out of charity, if you will, when in fact they are made largely to placate the corporate interests who employ them and to benefit our society as a whole. To be fair, Mr. Murray does advocate sanctioning employers as well, but in the end, he proposes sending all the illegal workers back, and substituting them with new ones from abroad. Not only does that make no business or economic sense, it makes no common sense either to take people who are doing a terrific job and have gained the trust of their employers and replace them sight unseen with a new, legal crop of workers - legal only by virtue of a law change called a guest worker program, which could just as easily have been a law change called an amnesty program. At least with amnesty, employers would know what they are getting. Whatever happened to the American love affair with manifest destiny and the pioneer spirit? Clearly, part of the reason why the illegals appeal to US employers is because they had the chutzpah to risk everything to make it a new world. They have the same enterprising spirit, work ethic and perseverance that has been the cornerstone of American westward expansion and American industry throughout our history. And yet Mr. Murray wants employers to fire the workers who have already proven themselves and are providing high quality service only to turn around and hire some new workers sitting comfortably abroad waiting for an opportunity to immigrate legally. This flies in the face of everything this country has ever stood for. Furthermore, since many of these jobs the illegals are holding are not highly skilled positions requiring any experience at all, by what criteria would the prospective replacement crews be judged - if not their grit and determination to make it in a new land against tremendous odds. And, then there's the small matter of our own illegal beginnings. Did white settlers have the legal rights to the land they wrested from the Native Americans as they moved west? They did not. And, yet, they were rewarded for their enterprise because it was thought that it served the greater good of human progress, not to mention the pocketbooks of certain tycoons. In fact, in many cases, laws were passed after the fact to legitimize the transgression. Were not we all then, every one of us in this country "legally" today, the beneficiaries of a colossal amnesty when, instead of being prosecuted for decimating millions of Indians in violation of signed treaties, we were awarded title to their land? Employing Mr. Murray's logic, our ancestors (well not mine because I'm a second generation Italian immigrant from this century) were not law abiding either and neither they, nor their descendants deserve to be happy. And what about slavery, that legal, yet undisputably immoral institution without which our country would never have become the economic power it is today? Let us not forget who we are and where we came from, nor the blood on our hands.


Dear Editor:
I have a question about the Immigration and Nationality Act's provision about the 90 day removal period, where an alien awaiting final removal proceedings is detained. How long do these proceedings take and how many confined aliens are held in custody longer than six months? Furthermore, what are the problems the BCIS faces when arranging these proceedings?

Mernaysa Rivera

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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