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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
February 20, 2001
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Editor's Comments of the Day

The layout of Immigration Daily has changed. We have moved the "featured article of the day" ahead of the primary source news items. ILW.COM will publish articles on any aspect of immigration law. We encourage the submission of articles from attorneys, paralegals, professors, human resource managers and anyone effected by immigration law. We will not publish something we know to be factually inaccurate. Beyond that, we actively seek a variety of opinions and viewpoints. Articles do not have to be footnoted as though we were a traditional law journal. The length of an article is best determined by the subject it covers. Some topics can be covered in a few paragraphs while others may require many pages. An advantage of electronic publishing is the flexibility to carry articles of any length. With close to 6,000 subscribers to the e-mail version having an article published in Immigration Daily is an economical way to express yourself, share your knowledge, and gain recognition in the field. Send articles to

Tip of the Day

Problems Entering the ILW.COM Chat Room

Some site users have indicated that they have had problems entering the chat room for chat with a lawyer or to use the 24-hour public chat. You will not be able to enter the chat room if they do not have a recent computer (Pentium 90 MHz) and a recent browser such as Netscape Navigator 3 or higher or Internet Explorer 4 or higher. ILW.COM offers many secure services that require a 128-bit encryption which only the recent browser versions can handle. Users can easily download a free copy of the latest browser version at

You will not be able to enter the chat room if you access the site through a proxy server. The chat program runs on ilw:83, which is different from Some ISPs (Internet Service Providers) do not permit their clients to log on to ilw:83 through a proxy server. To verify this, users may try accessing If unable to access the page, contact the ISPs if at home or contact the Network Administrator if they at work.

One other reason why you might be unable to access a chat would be if there is a bug on your system. In order to detect a virus run a virus scan program or contact someone who can help you in this matter.

ILW.COM Featured Article of the Day

Chapter 8 - TN Visas for Canadian Professionals and Consultants
In Chapter 8 of Handbook of Immigration Law Mark A. Ivener writes about TN Visas for Canadian Professionals and Consultants.

Cases of the Day

Vehicle Stop by Border Patrol Legal Considering Totality of Circumstances
In USA v. Guerrero-Barajas, No. 99-41208, (5th Cir. Feb. 12, 2001) the court held that the Border Patrol Agents did not violate defendant's Fourth Amendment rights when they stopped a car with tinted windows, riding low in the back and traveling at normal speed because the Agents' suspicions based on the totality of the circumstances were reasonable. The court has amended the opinion filed January 19, 2001.

Live-in Cook Not a Bona Fide Job Opportunity
The Board of Alien Labor Certification Appeals ("BALCA") in Dr. and Mrs. Zakaria Oweiss 2000-INA-185 (Jan. 24, 2001), found that where both husband and wife had full time jobs outside the home, it was likely that the position was actually a general houseworker with cooking duties instead of a full time domestic cook, and while a live-in requirement might be considered an accommodation by the employer, it was not requirement to perform the duties of the job an might have a chilling effect on US applicants.

INS News of the Day

Remarks By President Bush and President Fox of Mexico
During a joint press conference President Fox commented that he and President Bush had "discussed amply the migration issues" between the US and Mexico and "the possibilities of working on agreements of temporary legal work and employment."

Immigration News of the Day

A Happy Ending to One Bureaucratic Nightmare
An article in the Las Vegas Review-Journal reports on the inequities in the case of a Pakistani man with US Citizen wife and children, in his efforts to keep his family off welfare, get a green card and avoid deportation.

ILW.COM Chats and Discussions of the Day

Chat with Mark Kalish
Mark Kalish will answer questions on all aspects of immigration law on Tuesday, February 20, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.

Classifieds of the Day

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to

Fragomen, Del Rey, Bernsen & Loewy, is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its NEW YORK, NEW JERSEY, STAMFORD and CHICAGO offices. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-223-8757

ESRI's Staffing Services team is looking for a dynamic individual excited about working in an international environment. Be responsible for decision making, problem solving and management of all immigration related matters, in a multi-tasking, deadline driven department. Duties include, but are not limited to, management of visa process caseload for both non-immigrant and immigrant matters; maintenance of immigration database and public access folders; liaison between recruiter, foreign national, managers and attorneys on visa matters and related questions; assist in development of immigration website services; and coordinate hiring manager immigration training. Must have a Bachelor's Degree and be proficient in desktop software and HRIS. Previous immigration experience preferred, but not required. Please send a cover letter and resume coded IM/OCR/NR to For more information about ESRI visit

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. Correspondence to Letters may be edited and may be published and otherwise used in any medium.
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