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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

Dear Editor:

The Department of Labor recently published its proposed rules overhauling the entire Labor Certification process which will allow individuals to receive an approved application within 21 days. Today it may take years to receive an approval from the Dept. of Labor especially since there were thousands of application filed by illegals and visa overstays seeking protection under the April 30, 2001 245(i) deadline.

It seems that if this proposed rule becomes promulgated it will allow individuals to receive their residency in a year or so. There will not only be a rush to file an LC case there will be an inundation of fraudulent cases seeking to take advantage of this processing time. In an effort to reduce the backlogs and streamline the system the Department of Labor has over-simplified the process and has opened the door to abuse. If a case is denied, file another as the first only took 21 days! Also, there are talks that the I-140 visa petition (stage 2 for most Labor Certifications) will be available for premium processing where an approval can return in less than 2 weeks.

Why bother with a non-immigrant visa extension when you can be a resident in about a year or less. As we tighten our borders and make it more difficult to obtain a student or tourist visa does it make any sense to create a new avenue for abuse, especially one that will give the new "resident" much more protection under the law than a temporary visa holder?

J. Seyes


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