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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
April 2, 2001
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Editor's Comments of the Day

Steven M. Ladik, incoming President of the American Immigration Lawyers Association, has been kind enough to forward a copy of a letter he wrote to the INS requesting and opinion and the INS's response. Mr. Ladik asks whether amended H-1B petitions must be filed where a company is acquiring a substantial portion of another company's information technology decision, including its H-1B employees, and where the acquiring company expressly agrees to succeed to all obligation with regard to the labor condition applications. The opinion of Efren Hernandez III, Director, Business and Trade Services, is that the situation does not appear to be one in which amended petitions would be required under existing INS policy. Mr. Hernandez does suggest that the new employer might want to file extension petitions for any employees planning to travel so that they would have a new approval notice for re-entry purposes. While not binding on the INS, opinion letters are informative. We encourage the submission of opinion letters from the INS at or by FAX to 212 563-4438.

Tip of the Day

What is an ASP?

Attorneys will hear the acronym ASP (Application Service Provider) frequently in the near future. The term refers to software that is delivered over the Internet to your web browser. The company delivering the software is referred to as an Application Service Provider (ASP). ASP software is becoming widely available to attorneys in areas such as case management, time & billing, calendars, forms, client collaboration & legal research. ASP services are usually sold as subscriptions.

The main advantages of using ASP software are:

  1. No installation headaches - a boon to small practices without full-time computer staff
  2. No updates - the software and content is updated by the provides, you never have to buy an upgrade
  3. Mobility - as the software resides on the Internet you can access it from anywhere - a boon to mobile attorneys
  4. Backup - small offices often neglect to backup their data. When a computer crashes you could lose years of precious client data. ASPs backup the data for you averting such a catastrophe.

The concerns often expressed by potential ASP users are network reliability, speed and security. The industry is making rapid progress in all the above areas ensuring that ASPs will be a permanent part of the legal software landscape.

If you have any questions about ILW.COM's ASP services, such as forms and case tracking, or would just like to learn more about this subject do write to us at

ILW.COM Featured Article of the Day

March Information on 245(i)
Nina Manchanda gathers all the most recent information on 245(i).

Federal Register News of the Day

INS to Accept Only Most Recent I-129W
Effective April 13, 2001, the INS will only accept the December 18, 2000, version of Form I-129W, H-1B Data Collection and Filing Fee Exemption.

No TWOV for Colombians
The INS is adding Colombia to the list of countries whose citizens or nationals are ineligible for transit without visa (TWOV) privileges.

State Department Eliminates TWOV Privileges for Colombia
The State Department and INS have determined that from April 2, 2001, Colombia's citizens are ineligible to TWOV because of their increasing abuse of the TWOV privilege and Colombia's high nonimmigrant visa refusal rates.

State Department Reduces Fees
The State Department is reducing to $0 the current $100 fee for determination or adjudication of citizenship for applicants born abroad who do not have previously issued US Government documentary proof of citizenship.

Comment Request on Adjustment Application
The INS has extended for 60 days the period for comments on I-485, Application to Register Permanent Residence or Adjust Status, and Supplement A to Form I-485.

Comment Request on Application for Travel Document
The INS has extended for 60 days the period for comments on form I-131, Application for Travel Document.

Cases of the Day

No Need for Aggravated Felony in Indictment
[You will need Acrobat to read this file]
The court in US v. Ramirez-Gil, No. 00-3532 (Mar. 30, 2001, 8th Cir.), found that in sentencing for having entered the US after having been deported, a prior aggravated felony conviction is a sentencing factor and does not need to be charged in the indictment.

Sexual Abuse Must be a Felony
[You will need Acrobat to read this file]
In In re Crammond, 23 I & N Dec. 9 (BIA, Mar. 22, 2001) (Int. Dec. 3443) the Board of Immigration Appeals (BIA) determined that a conviction for "murder, rape or sexual abuse of a minor" must be for a felony offense in order for the crime to be considered an aggravated felony, and determining whether a state conviction is a felony offense for immigration purposes, the BIA applies the federal definition of a felony.

Carriers Have to Complete I-94s
[You will need Acrobat to read this file]
The Board of Immigration Appeals (BIA) in In re Northwest Airlines Flight NW1821, 23 I & N Dec. 38 (BIA, Mar. 28, 2001), held that a carrier is subject to a fine when it fails to file a properly completed I-94T for an alien who is a transit-without-visa passenger not departing directly on the same flight.

Congressional News of the Day

Limitation on H-2As' Rights to Sue
Rep. Whitfield introduced H.R. 1327, a bill to prohibit H-2A workers from bringing law suits against employers except in the State in which the employer resides or has its principal place of business.

INS Office for Fort Smith, Arkansas
Sen. Hutchinson introduced S. 644, a bill to authorize the establishment of a suboffice of the INS in Fort Smith, Arkansas.

INS News of the Day

INS Letter on Acquisition of Employer
In response to a query about the need to file new H-1B petitions when one company acquires a substantial portion of another, Efren Hernandez III, Director, Business and Trade Services, writes that the situation does not appear to be one in which amended petitions are required under existing INS policy. [Courtesy of Steven M. Ladik],.

Colombias Citizens Now Ineligible for US Visa Transit Privilege
Effective April 2, 2001, citizens and nationals of Colombia will be ineligible for the Transit Without Visa program

DOS News of the Day

New Visa Requirement for Colombians
Beginning April 2, 2001, all Colombian citizens intending to transit the United States to a third country will be required to present a valid US visa before boarding any US bound flight.

Immigration News of the Day

California Grows to 33.9 Million, Reflecting Increased Diversity
According to the Los Angeles Times no racial or ethnic group forms a majority of California's 33.9 million people, and immigration to the state slowed compared with the 1980s, as economic opportunity lured newcomers to a band of states stretching from the Northwest, across the nation's breadbasket and into the South. California's share of immigrants shrank from 1 in 3 to 1 in 4.

ILW.COM Chats and Discussions of the Day

Chat with Alice Yardum-Hunter
Alice Yardum-Hunter will answer questions on all aspects of immigration law on Monday, April 2, 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

Prominent New York City immigration law firm with interesting and diverse practice seeks paralegal for handling business, family and litigation matters. Candidates must have excellent writing and organization skills as well as an interest in all aspects of immigration law, including advocacy. Prior immigration experience preferred. Send a resume and cover letter to: Cyrus D. Mehta, Esq., 1170 Broadway, Suite 607, New York, NY 10001. Fax: 212-686-2665.

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 212-223-875

Face the Music in Austin, Texas: Learn the Latest Immigration Dance. Texas Chapter AILA proudly presents Spring 2001 Immigration Law Conference, April 27-28, 2001, Radisson Hotel & Suites on Town Lake, Austin, TX. For details click here.

The Practising Law Institute, a not-for-profit Continuing Legal Education Organization offers a program on Basic Immigration Law at PLI Conference Center, 810 Seventh Avenue at 53rd Street, 20th floor, New York City on Tuesday, May 1, 2001, from 9:00 a.m. - 5:00 p.m. For details click here.

2001 AILA Annual Conference on Immigration Law June 20-24, 2001, Marriott Copley Place & Westin Copley Place Boston, Massachusetts. The Preeminent Law Symposium on Immigration and Nationality Law With an expert faculty and cutting edge programs, the AILA Annual Conference is an unbeatable continuing legal education symposium in terms of scope and value. This event brings together thousands of immigration law practitioners, leading immigration law experts, government officials, and other legal professionals from around the country. Participants spend three and one-half days attending educational sessions and workshops focusing on the latest developments and issues in immigration and nationality law. Attendees can develop their own individualized CLE conference by choosing courses from a wide variety of programs: Core Curriculum, Substantive Practice, Special Mini Tracks, Mock Hearings and Interviews, Litigation Skills Training, Practice Roundtables and Government Agency Open Forums. For detailed program information, and registration forms, please visit the conference portion of the AILA Web site at American Immigration Lawyers Association, 918 F Street, NW, Washington, DC 20004, Tel: (202) 216-2400, Fax: (202) 371-9449. Contact: Conference Department or E-Mail

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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