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Immigration Daily October 7, 2003
Previous Issues
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Editor's Comments

Religious Workers Seminar

Distinguished practitioners Greg Siskind (who serves on the Board of Directors of the Hebrew Immigrant Aid Society), Rodney Barker and Jacqueline Baronian will speak on R-1s and EB-4s in the October 9th session of ILW.COM's seminar: "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/Athletes, Chefs/Cooks, Religious Workers"

The deadline to register is Tuesday, October 7th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:


Curriculum For Religious Workers Seminar

The curriculum for the third session of "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/ Athletes, Chefs/Cooks, Religious Workers" is as follows:

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 Tuesday, October 7th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

Basic Immigration Terminology
Gregory Siskind provides a list of common immigration terms.

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Immigration Law News

House Hearing Testimony On CLEAR Act Legislation
The House Judiciary Subcommittee on Immigration, Border Security, and Claims held a hearing on the Clear Law Enforcement for Criminal Alien Removal Act of 2003 (CLEAR Act) and received testimony from the following: Mr. Gordon Quan, Mayor Pro Tem Houston, Texas; Mr. James R. Edwards Jr., Adjunct Fellow, Hudson Institute; Mr. Kris W. Kobach, Associate Professor of Law University of Missouri Kansas City; Mr. John M. Morganelli, District Attorney Northampton County, Pennsylvania.

BALCA Says Employers Must Seriously Consider US Applicants
In the Matter of Sanmar Auto Body Inc., No. 2002-INA-227 and 228 (BALCA, Sep. 3, 2003), the Board of Alien Labor Certification Appeals said that "Employer's effort must show that it seriously wanted to consider the US applicant for the job, not to merely go through the motions of a recruiting effort without serious intent."

No Asylum Where No Particularized Connection Between Past Political Activity And Current Fear Of Persecution
In Hoque v. Ashcroft, No. 03-60024 (5th Cir. Oct. 6, 2003), the court said that Petitioner gave no specific reason as to why the Bangladesh Nationalist Party (BNP) would still be interested in persecuting a member of the Jatiyo party after a decade had passed.

Immigration Officials Use Controversial Enforcement Tactics
The New York Daily News reports "Immigration officials are cracking down on immigrants with outstanding deportation orders, luring them into their offices in New York and around the nation and quickly booting them out of the country."

Human Factor Leads To Wide Disparity Of Asylum Approval Rates
The Stamford Advocate of Connecticut reports "Immigration judges in Connecticut are among the toughest in the nation when it comes to granting asylum, according to federal statistics."

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Letters to the Editor

Dear Editor:
As a regular reader of your useful publication and a historian I applaud Immigration Daily's publication of historic documents. But documents, useful as they are, usually need annotation, and this one is no exception. It is enlightening to look at the statement that President Hoover issued to accompany the proclamation. He said in part: "While I am strongly in favor of restricted and selected immigration, I have opposed the national origin basis. I therefore dislike the duty of issuing this proclamation ... but the President of the US must be the first to obey the law." Source: The Hoover administration; a documented narrative, by William Starr Myers and Walter H. Newton Publish info New York, London, Scribner's, 1936, at p. 376.

Roger Daniels, Charles Phelps Taft Professor Emeritus of History
University of Cincinnati

Dear Editor:
It is ironic that most American employers discriminate candidates while recruiting. They insist that potential candidates should be American citizens. They do not want to employ green card holders on this pretext. On the other hand, they also liberally issue H1 visas to unknown foreigners. Large numbers of jobs are also outsourced to Asian countries. I do not understand this contradiction. Why should US employers discriminate against green card holders while the H1 visa is issued on the one hand and jobs are outsourced overseas to unknown foreigners? The US govt may pass a law to prevent discrimination against green card holders. Also a law may be passed for diversity and to ensure that ethnic minority may be represented in all sectors of the economy. All employers should have some percentage of employees from among green card holders and from ethnic minorities. Otherwise, it is better for the US govt to stop issuing green cards if it wants to rely on H1 visas. American companies are now outsourcing jobs to overseas Asian countries at the rate of 500,000 every year. At this rate, unemployment will increase in US. There will be less disposable income to these employees which will create an economic recession in the US. In addition, there will be a burden on unemployment funds and social security, as they will be releasing allowances to the unemployed. The US govt will also not earn taxes which these individuals otherwise give on their earnings. Americans will lose a learning opportunity that these outsourced jobs would have provided. It will gradually lose skills and knowledge and expertise and know-how. All these will get transferred overseas. There may be a brain drain. Also, America will pay these overseas workers in foreign exchange and it will affect the current balance of payments. Worst of all, this will affect the US strategically and from the security and defense point of view because operations will be controlled from aboard and American companies will be exposed to fraud and security risks and it will be dependent on small Asian countries who will take full advantage of the US: economically, security-wise and politically. US govt should pass legislation against outsourcing and against H1 visas. Salary structure should be revised to make American workers more competitive. Also green card holders should be given preference for jobs instead of jobs going to outsourcing and H1 workers.

Name Not Provided

Dear Editor:
Ok. What do the Black Panthers have to do with immigration? I am very confused by RL's statement. Are African-Americans now to be an immigrant group as well? Also, I did not say that RL predicted a civil war due to miscegenation, I said his comments were of a similar tone. And they are. Pure fear talk. There is clearly no historical basis to predict balkanization because of immigration or any other detriment to the US. Immigrants have been absorbed quite well by this country and are generally well accepted by most people. Once again, mainstream America isnít using the ballot box to punish the political representatives who support immigration. That is the strongest evidence we have of a large segment of our population feels about the matter. Mecha is cleary a fringe group as well. And only someone on the fringe would even worry about them.

Justin Randolph
Chicago, IL

Dear Editor:
I disagree with your analysis of the recall election in your editorial in the 9/30 Immigration Daily issue. Perhaps because you focus all the time on immigration issues, you myopically wear immigration-colored glasses to see the world. This recall election is about the fiscal issues. It's about our $38 billion deficit. It's about jobs and job-creators leaving the state. It's about tripling of the car tax. About getting rid of the Indian gaming special interest and business-as-usual politics in Sacramento. To some extent, it's about SB.60 which gives illegals the driver licenses. However, it's the money issues that people on the street primarily talk about and why voters are so upset that they want to kick out Gray Davis. As Arnold says in his commercial, all the time here in the Golden State it's "tax, tax, tax!" and the people here have had enough. The candidates have barely talked in-depth about immigration issues in their debates and ads. Arnold does not give any plan of how he would deal with the illegal immigration issues except that he would urge the federal government to tighten up the border. Tom McClintock is a little stronger but nothing specific either. Bustamente, well, of course, Bustamente wants to make California as welcome a place as possible for illegal aliens. "If, Mr. Bustamante wins, Democrats will argue that pro-immigrant candidates can be vote winners, while Republicans will point to Mr. McClintock's strident anti-immigration views as the cause of the election loss of the Governorship of the country's largest State. " This is a statement out of left field on your part. If Arnold loses, the Republicans will blame McClintock for playing the spoiler part to take votes away from Arnold, just like Ross Perot did in '92 for Clinton against the first Bush. It's just basic math and has nothing to do with McClintock's anti-immigration views. Rather, people voting for Arnold have said all along that McClintock's stridently conservative views on social issues such as on abortion, guns, gay marriage, etc. doesn't play well here in California. However, anti-immigration is not one such reason. Why is it that the Indian gaming special interest has given so much money to the McClintock advertising campaign while the ultra-liberal LA Times praises arch-conservative McClintock in its latest issues?! It's because they know that by divide-and-conquering of the Republican vote, the Democrats can win, either a victory for Davis and Bustamente. Because Arnold leads by so much in the polls still (even after the latest "grope-gate" and bogus Hitler allegations), the Democrats are intent on keeping with this tactic. But again, it doesn't have anything to do with McClintock's anti-immigrant view.

Michael D.

Editor's Note: We look at current events clearly from an immigration perspective. Other media do an excellent job of covering other perspectives, especially political ones. We do not pretend to offer a comprehensive analysis from every point of view, as you have aptly noted we cover just the immigration-related points of view.

Dear Editor:
Please add me to your Presidential Papers Historical Series. Thanks.

Lourdes Fuentes, MacDonald Hoague & Bayless
Seattle, Washington

Editor's Note: The Presidential Papers Historical Series will appear as the Featured Article in each Monday's issue of Immigration Daily. If you are already an Immigration Daily subscriber, you will automatically receive the Presidential Papers Historical Series.

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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