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Immigration Daily


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Immigration Daily February 6, 2004
Previous Issues
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Editor's Comments

The "L" Under Fire

The Chairman of the House Committee on International Relations, Henry J. Hyde, held an oversight hearing on L visas on Wednesday, February 4th. The hearing was entitled, "Losing Jobs Through Laissez-Faire Policies?" In his "background" for this hearing, Rep. Hyde says, "A growing number of critics assert that the L-Visa program is wrought with abuse and fraud ... Of particular concern is whether or not corporations are given an unfair advantage over domestic businesses by enabling them to recruit and bring to the U.S. lower-cost foreign labor and creating a cross-border "sweatshop."

There is little doubt that this hearing was a ploy by Rep. Hyde to malign and hurt the L visa program, which would hurt many corporations including those for whom his constitutents work for. We trust that this hearing does not presage a time where immigration policy will be made in the committee on International Relations instead of the House Sub-Committee on Immigration. We trust that good sense will yet prevail in this matter in Congress.


Curriculum For "By Air, Land And Sea - When The POE Becomes A Brick Wall" - Registration Deadline Is Tuesday, February 10th

The curriculum for the February session of "By Air, Land And Sea - When The POE Becomes A Brick Wall" is as follows:

Third Phone Session on February 12: "My Friend Has An 'Interesting' Case And He Can't Seem To Get Back Into The U.S." Problems Which May Keep People Out

  1. Impediments to Entry
    • Failing to Register Under NSEERS
      • Procedure and proof of NSEER registration
      • Where and how to leave the U.S.
      • Where and how to register upon return
    • Abandonment of LAPR
    • Last Action Rule
    • Travel ability of 'Ported' aliens
      • Returning while 'EOS' & 'COS' are pending
    • Returning while 'EOS' & 'COS' are pending
  2. Intending students
  3. Data sharing between DOS & USCIS
    • DS-156 & DS-230 Info
  4. C & D Visa Entries
  5. PFI Inspections - Problems unique to PFI's
  6. Seizures and Forfeitures
  7. Inspass
  8. Technology alert list (TAL)
  9. Use of FOIA
  10. Section 110 - Integrated Entry/Exit System - Biometrics

The deadline to register is Tuesday, February 10th. For more info, see: (Fax version:

Featured Article

Boosting Your Firm's Web Traffic
Michael Shambaugh provides suggestions on how to get people to your web site.

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Immigration Law News

Time Spent Cooking Insufficient To Establish Full-Time Domestic Cook Position
In the Matter of Hollen Ivonne Smith, No. 2002-INA-275 (BALCA, Jan. 22, 2004), the Board of Alien Labor Certification Appeals said that Employer mischaracterized the domestic cook position because Employer's elaborate description of the meals prepared by the worker did not hide the fact that the duties were not significant enough to account for full-time employment.

USCIS Employer Bulletin Information On Hiring Foreign Nurses
The Office of Business Liaison of the USCIS released an employer information bulletin on how to hire foreign nurses.

Where Do Candidates Stand On Immigration?
The Knoxville News Sentinel reports "What are the facts in this political debate and where do the candidates stand on immigration?

USCIS Immigration Fee Increase Proposal Draws Protest
The San Francisco Chronicle reports "San Francisco immigration attorney Marc Van Der Hout said the breakup of the former Immigration and Naturalization Service last March was supposed to create separate agencies for border enforcement and immigrant services - and give them equal standing."

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Credential Evaluation And Translation Service
Are you getting RFE's when you use other credential evaluation companies? American Evaluation and Translation Service, Inc. (AETS) provides 'Expert Opinion' 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 USCIS because the evaluations are completed by PhD Professors from four different universities with expertise in most major academic fields. AETS also provides the most competitive rates in the industry -$50 educational evaluations and $200 Position and Work Experience Evaluations. AETS offers a variety of turn-around times, including Same-Day Educational, Position and Work Experience Evaluations. For a complete list of prices and turn-around times, please see: Additionally, AETS provides certified translations in over 100 languages, with translators that are specialists in over 80 fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit the website at, send an email to or simply fax the documents to (786) 524-0448 or (786) 524-3300.

Case Management Technology
VISAPREP offers three services to fit the needs of every immigration law practice. Whether you seek a simple forms program, a case management system, or VisaPrep TotalPractice - a comprehensive system that performs every administrative function in the immigration law process - we have a system for you. VISAPREP, the only immigration law technology created by immigration lawyers, will create efficiencies in every aspect of your immigration law practice. Many immigration technology vendors make promises - VISAPREP delivers. VISAPREP offers top-notch support with no hidden costs. We include unlimited training and support with our standard pricing package, and you'll have 30 days of free use to be sure VISAPREP is the right system for you. You will also receive monthly newsletters and time-sensitive "practice updates" from the VISAPREP team. We pride ourselves on providing superior service along with our technology. Call 866-VISAPREP (866-847-2773) or send an e-mail to for information or to schedule a demonstration.

Immigration Law Books
Reserve your 2004 copies now. No immigration attorney should be without a complete, up-to-date reference library for all his/her primary resource needs. The 2004 edition of The Whole Act INA, provides annotations, footnotes, editorial notes, updated Topical Index with a separate Index of Appendices, and 49 Appendices, to help both novice and experienced practitioners alike efficiently navigate the complex labryinth of immigration statutes. The 2004 edition of regulations in 2 volumes (both immigration regulations 8 CFR and all immigration-related regulations of the DOL, DOS, and DOJ) includes the latest changes in the regulations + handy and most detailed Topical Indices for each. The 2004 edition of Patel's Citations, covering the history and treatment of all reported administrative precedent decisions under immigration and nationality law, keeps you abreast of the status and standing of all such immigration citations (e.g., reversed, affirmed, modified, followed or not followed, criticized, distinguished, etc.). This entire reference library consisting of the Act, Regulations, and Citations, is an indispensable reference tool that you will reach for day after day. Reserve your 2004 editions now. We offer a 30-day money-back guarantee. If you're not satisfied with your purchase within 30 days of receipt, you can request a full refund - no questions asked. The 2004 editions will arrive hot off the presses (target publication March 2004). For more information or to reserve your pre-publication advance copies see here.

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Letters to the Editor

Dear Editor:
A gripping documentary about special registration has been made entitled "Patriotic Acts" and will premiere at the Gene Siskel Film Center in downtown Chicago on March 27th at 8:00 p.m.

Christopher W. Helt, Esq.
Chicago, Illinois

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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