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Immigration Daily February 13, 2004
Previous Issues
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Editor's Comments

Briefing On H-1B Issues And Current Developments

Staying abreast of developments connected to H-1Bs involves more than just H-1B cap-related issues - also important are current adjudication trends, current LCA enforcement trends, developments in portability, and uptodate strategies for H-1B alternatives. The "ILW.COM-Fragomen Briefing On H-1B Issues And Current Developments" discusses hot issues in H-1Bs and provides practice pointers to guide clients through the year ahead. The speakers include many distinguished practitioners from the law firm of Fragomen, Del Rey, Bernsen and Loewy, the largest immigration law firm in the country with over 130 immigration lawyers. The seminar is offered by phone, so law offices around the country can participate. It is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the distinguished practitioners on the panel. The deadline to register is Tuesday, February 17th. For more info, including detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/january2004.shtm. (Fax version: http://www.ilw.com/seminars/january2004.pdf.)


ILW.COM Focus

Curriculum for "ILW.COM-Fragomen Briefing On H-1B Issues And Current Developments"

The curriculum for "ILW.COM-Fragomen Briefing On H-1B Issues And Current Developments" is as follows:

The H-1B Visa - Overview And Alternatives

  • Update: H-1B Cap and Related Issues
  • A Brief History (1970, 1990, 1998, and 2000 Amendments)
  • Summary of Requirements
  • Uses and Users of the Program
  • Alternatives to the H-1B Category - an Update
The Labor Condition Application - Overview And Current Issues
  • History and Purpose
  • Basic Requirements
  • Wage and Benefit Issues
  • The Public Access File
  • Ongoing Employer Obligations
  • Enforcement Issues - a Current Review

Latest Developments And Hot Topics in H-1Bs

  • Recent Legislative and Regulatory Activity
  • H-1B Portability Issues
  • Obtaining H-1B Extensions
  • Dealing with the H-1B Cap
  • Handling Gaps in Employment
The deadline to register is Tuesday, February 17th. For more info, including detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/january2004.shtm. (Fax version: http://www.ilw.com/seminars/january2004.pdf.)


Featured Article

How Korean Passport Law Affects Korean LPRs Temporarily Residing In Korea
Young H. Noh explains how korean passport law affects korean lawful permanent residents living in Korea temporarily.


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

USCIS Aguirre Testifies On Guest Worker Program
USCIS Aguirre testified today before the Senate Judiciary Committee's Subcommittee on Immigration where he presented President Bush's recent proposal for a new temporary worker program.

8 USC 1226(c) Mandatory Detention Requirement Does Not Violate Due Process
In Gonzalez v. O'Connell, No. 03-1527 (7th Cir. Jan. 21, 2004), the court, citing the Supreme Court's holding in Demore v. Kim, said that Petitioner's mandatory detention under 8 USC 1226(c) did not violate due process.

Form Letter's Chilling Effect Constitutes Bad Faith Recruitment
In the Matter of VIP Express Inc., No. 2002-INA-289 (BALCA, Jan. 22, 2004), the Board of Alien Labor Certification Appeals said that Employer had not shown good faith recruitment because the application and form letter sent by Employer to prospective US applicants were not welcoming, and in fact, constituted an additional hurdle these applicants had to undergo prior to any personal contact from Employer.

No Personal Liability In LCA Matter
In the Matter of Administrator, Wage and Hour Division, US Department of Labor, vs. Abcom Consulting And Training, LLC, No. 2004-LCA-0011 (OALJ, Feb. 3, 2004), the Office of Administrative Law Judges approved Employer's request for withdrawal of its appeal in a LCA matter. The Employer withdrew its appeal because the DOL did not attempt to hold Employer's principal personally liable.

H-1B Cap Approaching
ComputerWorld Magazine reports "U.S. immigration officials may be just a week away from getting enough applications to fill the H-1B visa cap this year, shutting down a pipeline for companies that hire foreign high-tech workers."

Student Deported For Receiving Reimbursement Expenses
The Concord Monitor of New Hampshire reports "A freshman studying creative writing at the University of Maine has been deported after immigration officials learned she was reimbursed for expenses accrued while writing for a newspaper."


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: Immigration Attorney And Paralegal
An immigration law firm has openings for 2 positions - an immigration attorney and a paralegal - to join its Fairfield County, CT office. Minimum 1-year employment-based immigration experience is preferred for both attorney and paralegal positions. Email cover letter, resume + salary requirements, along with the position sought to: jameslaw1000@hotmail.com. This is a blind listing. Qualified applicants will be contacted directly by the firm.

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.

Credential Translation And Evaluation Service
Are you looking for certified translations for immigration purposes? American Evaluation and Translation Service, Inc. (AETS), a corporate member of the American Translators Association, provides certified translations in over 100 languages. Since AETS primarily caters to law firms and universities, AETS' linguists, all of whom either have Master's degrees or more than five years of translation experience, are experts in the field of immigration-related translations. Why entrust anyone else with such important documents? Contact AETS today for a free quote. For a copy of their Application for Translation Service, please click here: http://www.aetsinternational.com/ApplicationForTranslationService.pdf. Or you may contact AETS at (786) 276-8190, send an email to translations@aetsinternational.com or simply fax the documents to (786) 524-0448 or (786) 524-3300. AETS provides Educational, Work Experience and Position Evaluations. For more information, please visit the website at http://www.aetsinternational.com or call (786) 276-8190.

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:
In 2/12/2004's issue of Immigration Daily, Lin v. Ashcroft was titled that the IJ must refuse to "continue" the hearing, whereas in the body of your explanation, you state the opposite, that the IJ must "refuse to allow the case to go forward". It must be one or the other, and can’t be both. Which is it? Hopefully your caption is incorrect and the IJ must continue the case, i.e., refuse to allow it to go forward.

Alice Yardum-Hunter, Esq.

Editor's Note: Our summary of the pertinent issue of the case stated that the holding of the court was that the IJ must refuse to allow the case to go forward. In ordinary English, this can be represented by the phrase "refuse to continue". However, as you no doubt imply, the term "continue" has a specific legal meaning within the context of a hearing before an IJ. Accordingly, we have changed the headline in our archives.


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

© Copyright 1999-2004 American Immigration LLC, ILW.COM


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