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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 21, 2001
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Editor's Comments of the Day

The Department of Labor has extended until April 23, 2001, the comment period on the regulations implementing ACWIA. Normally we reproduce items from the Federal Register as HTML text, but we have the relevant sections of the Federal Register (pp 80109-80158 , pp 80159-80208, pp 80209-80254) are portable document files (pdf) so that you can view the new LCA form contained in the last pages. You will need Acrobat to read these files. [Long Downloads]. The new LCA form has been in use for a short time. How can it be improved? Let the Department of Labor know.

Submit written comments to Deputy Administrator, Wage and Hour Division, ATTN: Immigration Team, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue, NW., Washington, DC 20210. Commenters who wish to receive notification of receipt of comments are requested to include a self-addressed, stamped post card. Comments may also be transmitted by facsimile ("FAX") machine to (202) 693-1432. This is not a toll-free number.

Tip of the Day

ILW.COM E-mail Listserv Subscriptions

ILW.COM currently has three major e-mail listservs - Immigration Daily, a newsletter for latest immigration news for immigrants and immigration professionals, Immigrant's Weekly, a newsletter for latest immigration news for immigrants and a Chat Reminder which is a listserv for receiving a reminder on the day of the chat with an attorney.

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ILW.COM Featured Article of the Day

Immigration Initiatives for Essential Workers
Cyrus D. Mehta writes that it is hoped that the recent meeting between Presidents Bush and Fox will provide the necessary impetus to develop viable programs for essential workers who have till now been ignored under our immigration law.

Federal Register News of the Day

Correction to Final Rule on H-1Bs
The Department of Labor has issued a correction to the interim final rule on the regulations implementing ACWIA including the additional attestation requirements regarding anti-displacement and recruitment obligations for H-1B dependent employers and willful violators. The commentary and rule run almost 150 pages in the Federal Register - pp 80109-80158 , pp 80159-80208, pp 80209-80254.
[You will need Acrobat to read these files. Long Donwloads.]

Extension of Comment Period on Final H-1B Rules
The Department of Labor has extended the comment period on regulations implementing ACWIA until April 23, 2001. The commentary and rules were first issued on December 20, 2000 and run almost 150 pages in the Federal Register - pp 80109-80158 , pp 80159-80208, pp 80209-80254.
[You will need Acrobat to read these files. Long Downloads.]

Cases of the Day

212(e) Waiver for Colombian Doctor
In a recent decision the Office of Administrative Appeals found that the applicant established exceptional hardship for a waiver of the 212(e) two-year home residency requirement where the record contained evidence that the life of her US citizen husband would be at risk in Colombia, and the husband would face additional problems and anxieties for the safety of his spouse and child if they returned to Colombia because the applicant's personal chance of being kidnapped, tortured or killed is greater than 25%. [Courtesy of Bruce Hake].

Failure to Provide Local Phone Records Basis for Denial
[You will need Acrobat to read this file]
The Board of Alien Labor Certification Appeals ("BALCA") in Caliber Computer Resource 2000-INA-177 (Jan. 24, 2001), found that where the certifying officer ("CO") requested records of local calls and advised the employer that they could be obtained from the telephone company, denial was proper since the employer failed to produce the documentation requested and filed to submit any other evidence in rebuttal.

Immigration News of the Day

New Legal Window to Open for Illegal Immigrants
According to the New York Times [registration required] a change in immigration law passed in the waning days of the Clinton administration could lead to legal status for as many as half-a- million illegal immigrants, but it could also lead to disappointment for millions more who have misinterpreted the change as a general amnesty.

Justices Consider Searches, Immigrant Rights
CNN reports that on Wednesday the US Supreme Court will consider how long the INS can hold immigrants they plan to deport when no country will take them.

ILW.COM Chats and Discussions of the Day

Chat with INS
Linda Dodd-Major, Acting Director of DOJ/INS Office of Business Liaison, will answer questions on business immigration on Wednesday, February 21, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.

Letters to the Editor

Dear Editor

I was recently at the Social Security Administration office to correct an error on my last name. The lady behind the counter had absolutely no idea what my visa type meant. Despite giving her all the pertinent documents such as the I-94, passport with visa stamp and so on, she treated me like some illegal alien and sent my case to INS to check my status. According to her my social security card is no longer valid and only if my immigration status is found to be in order, a new card will be issued to me, the whole process taking 6-12 weeks. Despite my explanation that I need my Social Security number to file taxes and that I have been using this card for over 7 years and that the misspelling is only of one letter, she would not listen.

I find the whole thing so absurd. Would appreciate comments on this.


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

The American Immigration Lawyers Association (AILA) is an accredited sponsor for CLE courses in all states with MCLE requirements. AILA develops several courses each year for immigration law practitioners, paralegals, law professors, law students and other attorneys. Following are a few of the upcoming events. Please mark your calendars.

  • March 2 & 3, 2001 - Immigration Law Litigation Conference & Immigration Law Asylum Conference - Westin Bonaventure Hotel & Suites, Los Angeles, California
  • March 22-23, 2001 - Spring Lobby Day and CLE Conference - Renaissance Washington DC Hotel, 999 9th Street, Washington, DC. Pre-registration deadline is March 1, 2001.
  • June 20-24, 2001 - 2001 AILA Annual Conference - Boston Marriott Copley Place & the Westin Copley Place, Boston, Massachusetts
For addition information on these and other events, please visit AILA's website at

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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