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Immigration Daily


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Immigration Daily October 20, 2003
Previous Issues
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Editor's Comments

The Anti-Immigrationists' Worst Enemy

Ever since 9/11, the anti-immigration lobby has used the fig-leaf of national security to cover their purely anti-immigration aims. No sensible person, whether anti-immigration or pro-immigration, can have any quarrel over the principle that our country needed enhancements to national security after 9/11. The role of immigration in such national security is miniscule, a fact that anti-immigrationists do not understand, because perhaps they do not want to understand. Based on their own passionate feelings against immigration, the anti-immigrationists have energetically argued that a large undocumented population in the US makes it easier for terrorists to hide among. In fact, the anti-immigrationists have done the country a service by loudly insisting that we cannot have a huge number of undocumented aliens in a country under the rule of the law. On both these points, members of Congress would have to agree with the anti-immigrationists. Infact, bills recently introduced, and about to be introduced, make it clear that Congress is beginning to address our national ignominy in having such a large underground populace. Congress's solution of some kind of massive legalization, which is infact the only practical solution, is sure to infuriate the anti-immigrationists, however. They would rather that Congress somehow deport all the undocumented millions. That this would require us to become a Gestapo state and inevitably lead to the destruction of the liberties which have defined our country somehow escapes the anti-immigrationists. The very agencies, such as BICE, which the anti-immigrationists hope to use as a cudgel against the busboys and gardeners that terrorize the anti-immigrationists, in pursuing the very mission that the anti-immigrationists argue that they should pursue, i.e. national security, will in time become the strongest supporters of a massive legalization program, since there is really no other way of simultaneously enhancing national security, and solving a major American political problem. In insisting that Congress address the undocumented problem, and that our government agencies pursue a national security agenda, the anti-immigrationists may be digging their own grave. They are their own worst enemy.


Curriculum For Invest, Build, Digitize

The curriculum for ILW.COM's new seminar "Invest, Build And Digitize: Immigration Law Opportunities In The Venture-Capital, Manufacturing And Information-Technology Sectors Of The U.S. Economy" is as follows:

The media and the Web are awash these days with reports on the jobless recovery and the harm to the U.S. economy caused by the export of manufacturing and white-collar jobs abroad. A few quieter voices continue to champion the old-fashioned values of employment-based immigration and the need to adopt enlightened government policies that help promote innovation, build new industries and create jobs for American workers. While the pundits pontificate and Congress temporizes, immigration lawyers have no time to await developments. They must act now and continue to develop ever-more thoughtful strategies that utilize current provisions of the immigration laws as legitimate vehicles for employers to sponsor bright, talented and hard-working foreign nationals to fill critically important slots in American industries. In response to this need, we present a three-part national teleconference focusing on three of the most important sectors of the U.S. economy: Venture Capital and Investment; Manufacturing; and Information Technology. Moderated by nationally-renowned business immigration lawyer, Angelo A. Paparelli, the teleconference will feature leading immigration practitioners with several years of real-world experience in serving these industry sectors.

FIRST Phone Session on October 30:

Focus on Manufacturing Industry Employers and Occupations

  • Selecting the Best Immigration Options for Joint Ventures and Collaborations
  • Identifying Creative approaches to Allow Secondments of Executives, Managers and Specialists
  • Brainstorming on Current Issues and Solutions for E, H-1B and L-1 Aliens in Manufacturing Occupations
  • Choosing Strategies for Employment-Based Immigrants in Manufacturing
  • Identifying Solutions for Engineers, Blue-Collar Workers, Trainees and Business Visitors
  • Using Case Study Examples: Immigration Opportunities for Automotive Importers, Manufacturers, Suppliers, Distributors and Dealers.

SECOND Phone Session on November 5:

Focus on Employers and Occupations in Investments and the Venture-Capital Industry

  • Using the B-1, WB and Other, More Untraditional Nonimmigrant Options to Establish the U.S. Enterprise
  • Selecting the Best Approach: E-1, E-2, L-1, H-1B and O-1 options for Entrepreneurs, Small Businesses and Global Companies
  • Dare We Try? - Examining EB-5 Employment-Creation Investment Options
  • Addressing and Resolving Ability-to-Pay Challenges for New Businesses
  • Developing a Bullet-Proof Business Plan
  • Representing the Venture Capitalist, the Investment Syndicate or the Joint Venture
  • Transitioning the Entrepreneur to Green-Card Status Despite Matter of Modular Container Systems, 89-INA-228 (BALCA July 16, 1991) and Obstacles in the Forthcoming PERM Rule
  • Deploying Best Practices for Jobs in the Financial-Services Industry

THIRD Phone Session on December 4:

Focus on Employers and Occupations in the Information-Technology Industry

  • Establishing Immigration Eligibility for Evolving and Never-Before IT Occupations
  • Helping Aliens with No Degrees and Degree-Mismatches Move into IT
  • Identifying Tips for the Smart-Set in this year's H-1B "Race for the Numbers"
  • Defending Against BICE and DOL/WHD Investigations in the IT Industry
  • Using H-1B and AOS Portability in the Ongoing IT Job-Hopping Escapades
  • Remaking Love Story: Seventh-Year Strategies and Beyond ("Love is Never Having to Say Goodbye")
  • Managing Expectations and Speeding-Up the Processing of Visa Applications and Visa Screening for Country-of-Concern Aliens and Workers with Technology-Alert-List Problems

The deadline to register is Tuesday, October 28th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

Presidential Paper Historical Series: Special Message To The Congress On Admission Of Displaced Persons
President Harry S Truman (1945-1953) sent this message to Congress on July 7, 1947.

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

GAO Says DHS Does Not Count Mexican And Canadian Overstays
The General Accounting Office of Congress offered testimony before the House Immigration Subcommittee saying that the DHS estimate of 2.3 million overstays excluded overstays from Mexican and Canadian visitors who did not fill out a I-94 form and thus potentially understated the extent of overstaying

GAO Sends Congress HRIFA Report
The General Accounting Office of Congress sent a report to the Senate and House Committees on the Judiciary and Appropriations concerning benefit applications under the Haitian Refugee Immigration Fairness Act

BALCA Says Anyone With Internet Access Can Check SCA Wage
In the Matter of Marczak's Inc, No. 2002-INA-260 (BALCA, Sep. 10, 2003), the Board of Alien Labor Certification Appeals said that there was no evidence that Employer requested that the CO provide information on how the SCA wage determination was made and that since the time of the El Rio Grande decision, anyone with Internet access can check an SCA wage.

Failure By IJ To Inform Alien Of Right To Appeal Removal Order To BIA Deprives Alien Of Meaningful Judicial Review
In US v. Ubaldo-Figueroa, No. 01-50376 (9th Cir. Oct. 17, 2003), the court said that because the IJ presiding over the removal proceeding failed to inform Defendant that he had the right to appeal his removal order to the BIA, the Defendant's waiver of his right was invalid, and thus Defandant was exempted from the administrative remedies exhaustion bar and was deprived of the opportunity for meaningful judicial review and the court therefore reversed Defendants convictions under 8 USC 1326.

Reporting Car-Burning But Not Attempted Rape Defeats Asylum Claim
In Mikhail v. Ashcroft, No. 02-4515 (3rd Cir. Oct. 16, 2003), the court said that the inconsistency in Petitioner's actions regarding reporting the alleged acts of violence she suffered was a legitimate ground to question her credibility and also said that her repeated willingness to return to her home in Egypt was substantial evidence supporting the IJ's credibility determination.

Violation Of California Penal Code 422 Is Aggravated Felony
In Rosales-Rosales v. Ashcroft, No. 02-71349 (9th Cir. Oct. 17, 2003), the court said that making terrorist threats in violation of California Penal Code section 422 was an aggravated felony in the immigration context.

DHS Seeks Comments
Various compononents of the DHS sought comments as follows: BCIS- Petition for Alien Relative, Form I-130; BCBP- visa waiver program passenger arrival and department data; passenger list, crew list, Form I-418; BICE- aircraft/vessel report, Form I-92; Visa Waiver Program Carrier Agreement, Form I-775; fee remittance form for certain F-1, J-1 and M-1 nonimmigrants, form I-901.

Ellis Island Of The West
The Marin Independent Journal of Novato, CA reports on the "Ellis Island of the West" and the experiences of Chinese immigrants who passed through it.

Schwarzenegger: Pro-Immigration Or Anti?
The Contra Costa Times of California reports "Gauging where Gov.-elect Arnold Schwarzenegger stands on immigration issues can be tricky business."

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Immigration Practice Business Opportunity
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Letters to the Editor

None today.

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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