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Immigration Daily September 25, 2003
Previous Issues
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Editor's Comments

Registration Deadline Is Friday, September 26th

Friday, September 26th is the deadline to register for ILW.COM's latest seminar "Current Issues In Immigration For Nurses And Other Healthcare Professionals (PTs/OTs/MTs/MLTs/SLPs-As/Physician Assistants)". This seminar is produced in cooperation with CGFNS (The Commission on Graduates of Foreign Nursing Schools). This series will feature many distinguished experts, the panelists for the first session include Sylvia Boecker, Michael Hammond and William Stock. The first session will discuss NIV/IV options and will include a detailed discusion on the new Final VisaScreen rule. Subsequent sessions in this series will discuss consular processing, state licensure issues, and will also include a detailed discussion on employer/recruiter matters. For more info, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/september2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/september2003.pdf.


ILW.COM Focus

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: http://www.ilw.com/seminars/september2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/september2003.pdf


Featured Article

The Next Amnesty? Can You Prepare For It?
Alan Lee, Esq. writes "HR 2899 gives readers a concept of the parameters of any possible bill for an amnesty in the near future."


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: http://www.ilw.com/seminars/

Immigration Law News

BICE Secretary Garcia Says All Programs Aimed At Shutting Down Vulnerabilities In Homeland Security
During remarks before the Heritage Foundation, BICE Assistant Secretary Garcia discussed the progress made by the Bureau of Immigration and Customs Enforcement in its restructuring efforts and how it will improve the domestic enforcement of immigration and customs laws.

Key BCIS Management Appointments Announced
The Bureau of Citizenship and Immigration Services announced several key appointments, including positions at CIS Headquarters, Field Offices, Asylum Offices and Service Centers.

EOIR Announces Latest Disciplinary Actions
The Executive Office for Immigration Review of the Department of Justice announced disciplinary actions against three attorneys: two attorneys were immediately suspended; one received a final order of discipline.

Migrant Worker H2A Legislation Introduced
Sen. Craig (R-ID) and Sen. Kennedy (D-MA) introduced legislation to provide for the adjustment of status of certain foreign agricultural workers.

Rep. Norwood Reiterates Support For CLEAR Act Legislation
Rep. Norwood (R-GA) in reinforcing his support for the CLEAR Act legislation said, "it is a bill that makes clear that our Nation's 600,000 local and State law enforcement officers have the authority to enforce immigration laws, gives those 600,000 men and women wearing the badge the training, access to data and appropriate funding they deserve, and gives the 2,000 Federal agents in the field the assistance they so badly need."

BALCA Says Employer's Vague Response Does Not Overcome US Worker's Experience
In the Matter of Pak Trading Company, Inc., No. 2002-INA-175 (BALCA, Aug. 27, 2003), the Board of Alien Labor Certification Appeals said that Employer's vague response that the US applicant was not experienced in "handling items" was insufficient to rebut the Certifying Officer's findings that in the face of his previous experience as a warehouse manager of bulk equipment, the US applicant possessed the necessary qualifications of warehouse supervisor.

BALCA Says That Devoting More Than 1/2 Of Adjusted Gross Income To Pay Domestic Cook's Salary Supports Denial
In the Matter of Terry Sue Klein, No. 2002-INA-59 (BALCA, Aug. 27, 2003), the Board of Alien Labor Certification Appeals said that evidence that Employer would have to devote substantially more than one-half of its adjusted gross income to pay the salary of domestic cook supported the Certifying Officer's labor certification denial.

Sentence Imposed Under USSG 2L1.2 (b)(1) Does Not Include Time Spent On Parole
In US v. Mendez-Villa, No. 03-10258 (5th Cir. Sep. 22, 2003), the court said that the term "sentence imposed" under USSG 2L1.2 (b)(1)(A) & (B) as interpreted by application note (1)(a)(4), excepts from the "sentence imposed" any portions of the sentence that were "probated, suspended, deferred, or stayed." Based on this argument, the court was not persuaded by the Defendant's argument that he was paroled after serving four months.

Computer Virus Halts Issuance Of Visas
The Detroit News reports "The State Department's electronic system for checking every visa applicant for terrorist or criminal history failed worldwide late Tuesday because of a computer virus, leaving the US government unable to issue visas."

Navy Contractor Employees Charged With Immigration Violations
The San Jose Mercury News reports "A dozen employees of a Navy contractor who have access to military installations and vessels were arrested Tuesday on immigration charges, the Bureau of Immigration and Customs Enforcement said."


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: http://www.ilw.com/membership/

Classifieds

Help Wanted: Experienced Immigration Attorney
Blumenfeld, Kaplan & Sandweiss, P.C. (BKS), a full-service law firm in St. Louis, MO seeks an associate with 1-3 years of employment-based immigration experience. Experience with immigration issues related to physicians is a big plus. BKS offers a competitive salary and excellent benefits. Send resume + cover letter to Chris Williams, Immigration Law Practice Group, 168 North Meramec Avenue, 4th Floor, Clayton, Missouri 63105. No phone inquiries please.

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: http://aetsinternational.com/applicationforevaluationservices.pdf. 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 http://www.aetsinternational.com, send us an email: info@aetsinternational.com 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

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:
The following minutes were sent by the State Bar of Texas Committee on Laws Relating to Immigration & Nationality. For the minutes in its entirety, see here.

Paul Parsons, Chairman
State Bar of Texas Committee on Laws Relating to Immigration & Nationality

Dear Editor:
I have to say, Chucky's position is simply ridiculous. To try and say that a serial rapist who is here in violation of immigration law is representative of all people who are here in violation of immigration law is about as logical as saying all Arabs are terrorists, all flight students are terrorists, and that Saddam had something to do with 9/11. Now, that seems like something RL Ranger would certainly say. It appears that he believes that immigrants are a terrorist threat as well as a threat to our social fabric, (although that might only be those from Mexico). He also says that "the desires and pocketbooks of foreigners, globalists and excessive immigration advocates should not come before those of US citizens." That's really a good point, the problem is, how does he know what the desires of the US citizens are? I don't mean his "secretinvasion", John Tanton - FAIR American Patrol following folks. I mean regular Americans in the middle. It appears they don't seem so concerned since they keep electing officials, both democratic and republican, who vocally state that immigration and immigrants are important to this country. And every once in awhile, these elected officials write a law like 245(i), which is not an amnesty in any way shape or form, but which merely allows people who are already here, who have qualifying relatives or employers, to adjust their status to that of a permanent resident while in the US, rather than having to travel abroad to do the same, which would cause them to be separated from their families for lengthy periods. 245(i) is the kind of law that shows the US is a country of compassion and humanity. Now these officials aren't tossed out on their ears after they write the law, they aren't vilified in the media, and there is no great outcry from US electorate. Seems to me that this is the best representation that we have of what regular folks want for this country. In fact, many US citizens marry people who are overstays or even undocumented people, and they do not hang their heads in shame while walking down the streets or hide in their homes for fear of attacks by the angered populace, this also makes it pretty clear, at least to me, that there isn't much stigma attached to this at all.

Justin Randolph
Chicago, IL

Dear Editor:
Justin's letter claims that he has not met one African-American who has ever had fears that Hispanics were taking jobs away from them. He also seems to think that this is part of a white conspiracy to "divide and conquer". I presume he means, keep African-American interests apart from Hispanic interests. First, let me state that Hispanics or Latinos do not constitute a "race". Perhaps Justin would like competing for a banking job with a Latina friend of mine, a petite blue-eyed blonde MBA whose parents immigrated to Uruguay from Germany after WWII? Or the ("white") Lebanese friend of my brother's, who was born and raised in Guatemala, and is therefore "Hispanic"? Does Justin really believe they've been hindered in anything they want to do by their "Hispanicness"? Rather the contrary. Hispanics or Latinos are not even a monolithic ethnic group, so "dividing and conquering" doesn't need to be done, the group already has as many divergent colors and interests as Arabs, or Americans, and certainly many interests that diverge from or conflict with those of African-Americans. Then, too, the interests of those Hispanics born here, those immigrating legally, and illegal aliens may well conflict. For example, native-born young Hispanic men in LA were losing out on entry level jobs to recent immigrants and illegal aliens. The Washington Post recently did an article about "Hispanic" vs. "Latino" identity, apparently the "group" itself can't agree on who is part of what, and what to call themselves. That's not even bringing the term "Chicano" into the debate. The simple fact that there's all this discussion and debate shows what artificial constructs these are. Furthermore, whatever they're called, Hispanics or Latinos can change their ethnicity (assimilate) and cease to be identified by others as anything other than Americans; African-Americans can't really do that as a race (Michael Jackson being the exception) that proves the rule. Even if African-Americans don't perceive that Hispanics take jobs and opportunities from them, it doesn't change the fact that they do. Of course, until the last few years, there haven't been all that many Hispanics, or those around have largely assimilated and are not readily identifiable as such (Would you identify Bill Richards, the governor of NM, as Hispanic?), so perhaps that perception will change. A good friend of mine is African-American, has an MBA, and has taught high school for the past 30 years. In the last couple of years, she's learned that Hispanics or Latinos do, in fact, take jobs from African-Americans. A couple of years ago a young Hispanic male, fresh out of college, joined the faculty at the school where she teaches. There was a vacancy for an assistant principal, which came about because an Hispanic asst principal left. The young Hispanic male, who did not have the credentials or the teaching experience technically required for the position, was still given the position. My friend, who does have both the credentials and experience, was discouraged from even applying, to placate the Hispanic community, an Hispanic asst principal was needed. Being Hispanic (and possibly male) was the main "credential" for the job. She accepted this as part of the affirmative action game, but she sure wasn't happy at being overlooked. Justin should remember, too, that "affirmative action" not only sets floors, but it sets ceilings, if not for "affirmative action", Asians would have far more slots in California colleges and universities than they already do based purely on ability. Ironic, many African-Americans support affirmative action, but it brings about that very competition that Justin attributes to a white plot. And what will African-Americans and Hispanics do when Arab- and Muslim-Americans play the identity game, and claim a share of the pie, as they're starting to do now? Or perhaps Justin supports Ward Connerly's efforts to have "race" and "ethnicity" removed from the collection of most public data, thereby rendering affirmative action largely toothless? Of course, it's also quite possible that Justin's a middle- or upper-class African-American, and likely that his friends and acquaintances are like him. Societies of A-A engineers and A-A IT professionals are more concerned with competing for jobs with H-1Bs from India and China, than with Hispanics. At my grad school graduation in NYC, there were only 3 Africans (not A-A, Africans) out of 600 people receiving master's and PhDs, lots of immigrants and foreign students, but only these 3 were black. When colleges and universities can look overseas for qualified minorities to play the numbers game, home grown ones lose out. But it's really the "strivers", African-Americans who haven't finished high school, or maybe just finished high school, who are most hurt, by the immigration of unskilled and uneducated workers who are able to claim "racial" preferences the instant they set foot here, and who can't be thoroughly questioned as to their immigration status because it might be seen as "discrimination". Guys like my friend's brother, who's a cook. His job opportunities are limited, whether he knows it or not, because illegal immigrants (largely Hispanic) now dominate entry level positions in the industry (according to a recent Wall Street Journal article), which lead to cooks' positions. The damage done to less educated African-Americans as a group, and to native-born Hispanics, by downward pressure on wages from immigration has shown up in economic studies.

Ali Alexander


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 editor@ilw.com. 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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