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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
April 12, 2001
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Editor's Comments of the Day

In "H-1B: The Undiscovered Country" Gary Endelman makes some startling suggestions regarding the H-1B program. His proposals include shifting the debate from annual adjustments in the cap to try to keep pace with the economy, to letting demand determine the number of H-1Bs. Instead of focusing on a baccalaureate degree or its equivalent, a broad range of factors should be considered including special talents, inventiveness, self-discipline, and an ability to adapt to different cultural influences. Instead of the current cumbersome system he proposes developing a points system, something which previously has been raised only in the context of immigrant visas. He suggests introducing blanket H-1B petitions modeled on blanket L-1 intracompany transferee procedures. "If we can turn our gaze away from the national preoccupation with caps and numbers and roving employees and the whole host of mind-numbing LCA lexicon that threatens to replace hanging chads as the ultimate horror afflicting the national imagination, then the natural creativity of the American people will assert itself." Maybe only for immigration attorneys and H-1B dependent employers does the LCA rise to the level of the dimpled and swinging door chads that kept the country hanging, but Mr. Endelman has demonstrated the "natural creativity" he seeks to unleash. There is little chance that such out-of-this-world, fundamental changes as he proposes will be adopted anytime soon, but if no one offers creative solutions, the chances that the current problems will remain is 100%. Examples of the natural creativity of all people in improving INS and the immigration laws are welcomed at

Tip of the Day

Tips For ILW.COM Case Tracking Users

To assist the many ILW.COM members using our case tracking system, our support team has put together some tips which we hope you will find helpful:

-- Don't know the alien's e-mail address? When you create a case, in the alien profile simply enter your own e-mail address. Also check the box which says 'Disable Alien Access'.

-- Want to minimize data entry? The software was designed with a minimum of required fields e.g. you can create a case with as little as three items of information. Simply leave blank the fields that don't have a red asterisk (*) next to them. [An asterisk is the standard indicator that a field is optional.]

-- Don't know the Agency File #? The agency file # field is required if the status is "with agency" in the update case form. If this is not available simply type "not known" in this field and the software will accept it.

-- Wondering how to get started with ILW.COM case tracking? Don't lose that employer client! With half an hour of work you can offer this high-demand feature to your clients. Write to and we will set up the system for you with ten free cases.

ILW.COM Featured Article of the Day

H-1B: The Undiscovered Country
Gary Endelman makes some startling suggestions regarding the H-1B program.

Federal Register News of the Day

ETA Grants for Implementing Disability IT Initiative
The Department of Labor, Employment and Training Administration (DOL/ETA) announces the availability of approximately $2.8 million in competitive grant funds for information technology skills training for people with disabilities. The ETA is the administering agency for the H-1B visa program and the resulting grant programs designed to train America's workers in those occupations experiencing skill shortages, in particular in the technology programming and technical support areas.

Cases of the Day

Possession of Stolen Car an Aggravated Felony
In Hernandez-Mancilla v. INS, No. 99-3608 (7th Cir. apt. 11, 2001), the court found that a conviction for possession of a stolen motor vehicle fit the generic definition of a theft offense and so was an aggravated felony.

Immigration News of the Day

H-1B visa: Your Trip May be Harrowing
The Times of India reports on shady recruiters in India take several thousand dollars from the "unqualified dreamer" to provide him with some "hurry-up" computer training and an H-1B visa.

ILW.COM Chats and Discussions of the Day

New Chat Transcripts Added
The Chat Transcripts Page has been updated with more transcripts of chats added.

Letters to the Editor

Dear Editor:

First of all, thank you very much for providing so much information on ILW.COM as it is very useful for me. My H-1B has been filed on 12/22/00, at TSC, but still I haven't got any decision. According to your information Date of Case Pending Initial Adjudication is 01/17/01.


Editor's Note: Rob Randhava of the Leadership Conference Education Fund has provided a summary of the recently introduced "Family Reunification Act of 2001".
[You will need Acrobat to read this file]

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 212-750-112

SYMPOSIUM: Low Wage Immigrant Workers: Essential to Employers but Neglected Under Our Immigration Laws
All interested persons are invited to attend. No fee or reservation is required. Monday, April 16, 2001, 7:00 - 9:00 p.m. New York City Bar Association, 42 West 44th Street. For details click here.

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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