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Immigration Daily October 28, 2003
Previous Issues
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Editor's Comments

The Wal-Mart Raid

The recent raid by BICE on Wal-Mart and its contractor(s) highlights the acute dependence of our economy on undocumented workers. We are not clear as to the rationale for sparing the resources for this raid - BICE and DHS are supposed to be fighting terrorism as their first priority. With Al-Qaeda terrorists alleged to be at large inside the US, the excuse that DHS was busy pursuing undocumented janitors at Wal-Mart will be worse than lame in the event of the next massive terrorist attack. As an analogy, it may help to remember that when a massive homicide wave is sweeping a city with a 300% increase in reported murders, the police force would be expected to suspend ticketing double-parked drivers. Law enforcement is supposed to prioritize threats and allot resources accordingly. Be that as it may, not all employment-based immigration is forbidden by law, and employers can seek assistance from immigration attorneys in keeping a legal workforce. Indeed, as is well-known, Employment-Based immigration is the bread-and-butter of most immigration law practices. Our new seminar this month focuses on employment-based immigration, in the IT, manufacturing, and VC industries. Tuesday, October 28th is the deadline to register. For more info. see: (Fax version:


Registration Deadline Is Tuesday, October 28th

Tuesday, October 28th is the deadline to register for "Invest, Build And Digitize: Immigration Law Opportunities In The Venture-Capital, Manufacturing And Information-Technology Sectors Of The U.S. Economy". This telephonic seminar series features distinguished practitioners John Brendel, David Cook, Tien-Li Loke Walsh, Julie Pearl, Steven Roby, Lincoln Stone, Alan Tafapolsky and Susan Wehrer as speakers, with Angelo Paparelli as discussion leader. For more info. see: (Fax version:

Featured Article

EB-5 Immigrant Investors
Gregory Siskind writes "In the next few weeks, Congress is expected to pass legislation, S. 1642, calling for the continuation of the Immigrant Investor Pilot Program, a part of the EB-5 category of immigrant investors."

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Immigration Law News

DHS Proposes $100 Fee On F, J, or M Visas
The Department of Homeland Security proposed levying a $100 fee on students applying for the F, J, or M nonimmigrant visas to cover the costs of administering and maintaining the SEVIS system.

BALCA Discusses Pre-Employment Test
In the Matter of Amrep, Inc., No. 2002-INA-197 (BALCA, Sep. 15, 2003), the Board of Alien Labor Certification Appeals said that in addition to providing objective reasons for rejecting US applicants based upon a pre-employment test, an Employer must also show that an Alien took and passed the test before being hired.

BALCA Says NOF Must Provide Employer Adequate Notice
In the Matters of Il Fornaio, Nos. 2003-INA-00105, 2003-INA-00106 (BALCA, Sep. 29, 2003), the Board of Alien Labor Certification Appeals said that the NOF must give notice which is adequate to provide the Employer an opportunity to rebut or cure the alleged defects.

Walmart To Review All Of Its 1.1 Million US Workers
The Ledger or Lakeland, Florida reports "Wal-Mart Stores Inc., stung by allegations that it knew contract cleaning services used illegal workers, said Friday it would review all of its 1.1 million U.S. workers and fire any that aren't legally employed."

Bisexual Immigrant Says Her Marriage Is Not Sham
The San Antonio Express-News reports on a case illustrating the latest challenges immigration examiners face when considering whether to grant visas or other immigration documents to foreigners who marry US citizens.

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Help Wanted: Experienced Paralegal
A Toronto-based business immigration law firm is seeking a paralegal with experience in US business immigration matters. In this position, you will work with a team of paralegals and lawyers in providing business immigration services to business clients. Qualified candidates should have a minimum 2-3 years of varied US business immigration experience, especially in H-1B processing, and labor certifications. Strong drafting skills, and the ability to manage a busy workload is expected. Please e-mail or mail resumes to:; BHG Box 64388, 220 East 42nd Street, 16th Floor, NY, NY 10017. We are an equal opportunity employer.

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Letters to the Editor

Dear Editor:
I'd like to mention one issue I would dearly love to get satisfactory resolution for: A growing number of US citizens don't pay Federal income taxes because they are convinced that now real "law" makes them liable and also that they don't have "income" in the constitutional and legal sense of the word. For those interested in marrying a non US citizen, this could pose a problem. INS Form 865 (Affadavit of Financial Responsibility, right?) 'expects' one to provide 3 years of past tax returns, which if you don't pay taxes, you won't have. So, other than getting a sponsor what would be the solution, if any, here?

Art Williams
Houston, TX

Dear Editor:
On Friday, October 24, our State Bar of Texas Committee on Law Relating to Immigration & Nationality met in El Paso with U.S. consular and CIS immigration officials from the U.S. Consulate in Juarez. Maurice Parker, Consul General, announced that attorneys will no longer be permitted to attend interviews with NIV or IV applicants. He indicated that attorneys will be allowed into the building to attend interviews with their clients; however, attorneys will not be allowed to be at the window during the interviews. This is a major change although other U.S. consulates have had a similar policy in effect for some time. This is effectively immediately. Ben Aguirre, Officer in Charge of the DHS office in Ciudad Juarez, reported that the current processing times for waiver applications of the 3/10 year bars are down to about 6 weeks with an over 90% approval rating. This news is encouraging and makes consular processing attractive again for those that may not be eligible for adjustment of status. Mr. Aguirre reported that he will adjudicate a 212(d)(3) waiver and an I-601 (for waiving the 3/10/year bar) at the same time in relation to a K-3/ K-4 or V visa application. This means that once an individual enters the U.S. on that K-3/ K-4 or V visa, he/she would no longer need a waiver when he/she files for adjustment of status since the waiver was already approved in Ciudad Juarez. Detailed minutes from this meeting will be provided soon.

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

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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