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Immigration Daily


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Immigration Daily March 3, 2004
Previous Issues
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Editor's Comments

Amy Novick To Leave AILA

Amy Novick, Deputy Director of AILA, recently announced that she will be leaving AILA in June after 19 years with the organization. A bit of institutional history may help attorneys see this event in perspective. AILA did not have a single full-time permanent staff member nor did it have a permanent full-time office until approximately 1984 (almost two decades after the 1965 Act) when Warren Leiden became the first executive director of AILA (Mr. Leiden now heads a substantial immigration law practice in California). Today, AILA has almost 50 permanent full-time staff and is housed in a building which it owns in Washington, D.C. Truly, AILA has come a long way during Ms. Novick's tenure with the organization. Today, AILA boasts a significant conference line-up and an unmatched list of book titles in immigration law. Seen as a publishing organization, AILA is slightly larger than West in immigration law and much larger than Lexis in immigration law (West brands - Interpreter Releases, Clark Boardman Callaghan; Lexis brand - Matthew Bender). While many attorneys view AILA as a small volunteer organization of member attorneys, the fact is that the AILA of today is a behemoth with extensive publishing activities. Much of the explosion in AILA's publishing/conference efforts and the huge jump in AILA's revenues from these activities, occurred on Ms. Novick's watch. Ms. Novick has said that she is leaving for personal reasons, and is quite likely that Lexis and West will seek to acquire her expertise. However, she may well decide to join a non-profit organization instead. The above perspective should be of interest to the approximately 15,000 attorneys who are part of the immigration bar in the US today (about half of them being AILA members).


Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL

The curriculum for our new seminar "Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL" is as follows:

FIRST Phone Session on March 24:

Applying for Visas - Are the Procedures Still the Same?

  • Third Country National Visa Processing in Canada and Mexico

    • i. Update on Canada and Mexico
      ii. Can TCN’s still apply?
      iii. Can List of 26 or T-7 TCN’s still apply?
      iv. Changes to the Automatic Revalidation Rule – what happens if the visa is not issued – is my Client Stuck Outside the U.S.?
      v. When should you Consider Border Post in Canada/Mexico over Processing in Home Country?
      vi. TCN E-1/E-2 Treaty Trader and Investor Visas Applying for Visas in Home Country
  • Applying for Visas in Home Country
      i. Mandatory Interviews
      ii. Personal Appearance Waivers, Appointments and Timing
  • Visa Revalidation through the Department of State – is this still a viable option?
  • Importance of Reviewing Forms DS-156 and 157
  • What Documents Should Your Client Bring To the Consulate?
  • Where can Applicants from List of 26 or Terrible 7 countries apply?

SECOND Phone Session on April 22:

Navigating Through the Maze of Security Checks and Special Issues that Warrant Attention

  • Data Sharing
  • Visas Condor Checks for Applicants from Predominantly Muslim countries or countries of concern
  • NCIC Checks and Hits in the Database – remember that DUI or pot conviction or petty theft arrest from 30 years ago?
  • False Hits for Individuals with common names
  • Visa Restrictions for Citizens and Nationals of State Sponsors of Terrorism - Section 306 of the Border Security Act
  • The Impact of Biometric Identifiers and new technologies

  • i. Biometrics in US visas – how does this impact visa processing?
    ii. US VISIT
    iii. Biometric requirements and the Visa Waiver program
  • Memorandum of Understanding between the DOS and DHS
    • i. what does this mean for visa processing?
  • Special Visa Processing Issues
    • i. Applying for a B-1/B-2 after a Visa Waiver refusal
      ii. Applying for a visa after failing to register on departure from the U.S.
      iii. Unlawful presence and 222(g) concerns
      1. applying for a visa after a layoff situation
      2. 222(g) versus 3/10 year bars

    THIRD Phone Session on May 13:

    Visas Mantis Hits and the Technology Alert List – Why Scientists, Academics, Researchers, Engineers and Hi-Tech Professionals Should Be Concerned

  • What is the TAL?
  • How does it impact foreign nationals?
  • Why should I be worried about it?
  • What Should I do if it looks like my Client Will be Subject to TAL
  • What Kinds of Documents Should I Bring?
  • What Can I Do if my Client is Subject to the TAL?
  • What Can I Expect Once My Client is Back in the US?
  • The Related Issue of Export Controls
    • i. Why is this important now?
      ii. What is a deemed export?
      iii. What sorts of technologies are covered by export control regulations?
      iv. Applying for a License
      v. Basic compliance procedures that every company should have

    The deadline to register is Monday, March 22nd. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

    Featured Article

    Capped Out: Where Do We Go From Here?
    Gary Endelman writes "Employers will have to wait until April 1 before filing a petition requesting new FY 2005 H-1B approval with an October 1st validity date. That is what we know right now. Capped out, where do we go from here?"

    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

    EOIR Announces Latest Disciplinary Actions
    The Executive Office for Immigration Review announced disciplinary action against six attorneys: five attorneys were immediately suspended; one received a final order.

    BusinessWeek Op-Ed Says H-1B Visa Program Should Be Improved
    A Business Week op-ed says " Fact is, the H1B can be a great tool to keep the word's most able people in the U.S. while they apply for permanent residency or citizenship."

    Denver Re-Emerges As Major US Immigration Gateway
    The Rocky Mountain News of Denver quotes a report by The Brookings Institutions saying "After a hiatus of almost a century, the Denver area has re-emerged as a major immigration gateway into the U.S."

    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:


    Help Wanted: Experienced Immigration Specialist And Entry-Level Paralegal
    Greenberg Traurig, a large international law firm, has openings in its Tysons Corner, VA office for 2 positions: an experienced immigration specialist and an entry-level paralegal. Both positions require a Bachelors degree and a minimum 2+ yrs of experience in the immigration field. The experienced immigration specialist should have previous experience managing caseloads with a high degree of independence. Both positions require strong organizational, written, computer and verbal skills. Fluency in Spanish preferred. Excellent benefits and compensation package offered. Send resume + cover letter, including salary requirements by (fax) 703-714-8378 or (email) Please state the position (experienced or entry-level position) that you are applying for.

    Help Wanted: Immigration Attorney
    Reeves & Associates (R&A) , a full-service immigration law firm, seeks an immigration attorney with 1+ years experience in business immigration for its Pasadena office. R&A offers an opportunity to manage a challenging and varied workload in a fast-paced environment. Candidates must have experience with immigrant visa petitions, labor certifications (RIR & traditional), Hs and Ls. The ideal candidate should be detail-oriented, highly organized, possess excellent interpersonal and communication skills (written and oral), and effectively multi-task. R&A has an experienced support staff, state of the art technology and offers unsurpassed growth and learning potential. We offer an excellent salary & benefits package. If you have what it takes to take R&A to the next level, please email: cover letter, detailed resume + salary history to or fax to (626) 795-4999. Incomplete submissions will not be considered.

    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.

    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:
    I would just like to say that with all the talk of proposed legislation to further restrict the L1 program, I continue to be amazed at the number of mistakes made by consular officials as well as port of entry inspectors in issuing L visas and granting authorizations of stay in L status. Before we consider changing the rules, we might try ensuring that the current rules are disseminated to and followed by all those charged with their enforcement. What I often see, particularly from European Consulates, are visas being issued for the entire 5 or 7 years, even though the petition only requested the initial 3. In one case, the applicant applied at the Consulate for a visa after having already obtained an L extension from a CIS Service Center. The petition, approved in 2002, extended her L status for the remaining 2 years left toward her 5 years, and was set to expire in May of 2004. A Consulate abroad granted a visa to her in 2002 valid until January of 2007 - that's right seven, when she had already been in the U.S in L status for 3 years. Such a visa is not supported by the underlying petition, and in fact the PED Date was not listed on the visa stamp at all. As if this weren't problematical enough, when the individual entered the US, the inspector gave her an arbitrary authorized stay until January of 2004, several months shy of her original 5/04 petition expiration. On a subsequent entry into the U.S. another inspector gave her an arbitary authorized stay of January 2006. Do they pull these dates out of a bloody hat? I have seen countless examples of L-1 visa holders being granted an authorized stay of 5 years even though their Visa and PED (Petition Expiration Date) were expiring in 2 or 3. L-1 principals with authorized stays consistent with the visa and PED, while their spouses and children have authorized stays of 5 years. How can it be that there is so much governmental mishandling of such a prominent visa category? This overly generous granting of visas and authorized stays, though it may appear to be favorable to an alien, actually wreaks quite a bit of havoc because, though the erroneous I-94 says one is allowed to remain for 3 years beyond the L-1 cap, should an alien actually do so, she would become subject to the potentially dire consequences of the overstay.


    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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