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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 19, 2001
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Editor's Comments of the Day

In the Tip of the Day section we have tried to bring you information to help you get the most out of our site and the internet. We have offered tips on ILW.COM services and products, site features, technology and practice management. Today we offer a tip from Larry Bodine, Operator of the LawMarketing Portal, titled "Web Sites DO Bring in New Business". Mr. Bodine is a recognized author and lecturer on the marketing of law firms over the internet. We are glad to bring you this information and hope you will find it useful. After April 30, 2001, you might have to think about marketing your law firm again.

Tip of the Day

Web Sites DO Bring in New Business

Dramatic new research findings released at the Legal Marketing Association conference show that in-house counsel and corporate executives do indeed use the Web to search for law firms to hire.

The research conducted by Greenfield/Belser Ltd. and FGI Market Research explodes the myth that law firm Web sites are unimportant in overall marketing efforts.
"Here's huge news: nearly two-thirds of buyers we surveyed have gone online to locate outside legal counsel. More than one-third surf the Web for legal services weekly or more often - proving that - virtually - it's a whole new marketing world out there," said Mark T. Greene, Managing Director of FGI Customer Research, who presented the results. (more...)

ILW.COM Featured Article of the Day

Is GAL 2-98 Dead?
Christopher T. Musillo writes about the application of GAL 2-98 to the H-1B program in the wake of ACWIA.

Federal Register News of the Day

Centralized H-2A Processing Locations
In GAL No. 2-01 the Employment and Training Administration lists the centralized H-2A processing locations in each state.

Cases of the Day

[You will need Acrobat to read these files]

IIRIRA Retroactive
In an unpublished opinion in Balguiti v. INS, No. 00-3022 (8th Cir. Apr. 18, 2001), the court rejected Petitioner's argument that IIRIRA's changes to how continuous physical presence is calculated were not retroactive.

Denial of Relief an Exercise of Discretion
The court in Palma-Rojas v. INS, No. 97-70232 (9th Cir. Apr. 17, 2001), found that the Board of Immigration Appeals (BIA) exercised its discretion when if denied Petitioner relief from deportation, and so the court had no jurisdiction to review petition.

California Conviction Not Necessarily Aggravated Felony
In US v. Rivera-Sanchez, No. 99-10275 (9th Cir. Apr. 18, 2001), the court determined that a conviction under California law did not facially qualify as an aggravated felony because the because the full range of conduct encompassed by the statute included conduct not prohibited by the Controlled Substances Act.

Country Conditions Changed in El Salvador
The court in Roads-Mendoza v. INS, No. 99-70902 (9th Cir. Apr. 18, 2011), found that there was reasonable, substantial and probative evidence to support the Board of Immigration Appeals's (BIA's) determination that even Petitioner had suffered past persecution, she did not have an objectively reasonable fear of future persecution in El Salvador because of the changed country conditions.

IIRIRA Provisions Fails Rational Basis Test
In Jankowski v. INS, No. 3:00 CV-2402 (JCH) ((D. Conn. Apr. 12, 2001), the district court determined that it had jurisdiction and found that the provisions of IIRIRA making some permanent residents ineligible for relief available to arriving aliens did not pass the rational basis test.

INS News of the Day

Remarks by INS Commissioner at Center for Migration Studies Conference
In his address at the National Legal Conference on Immigration and Refugee Policy, Kevin Rooney, Acting Commissioner of the INS, stated that, "even though the administration is still formulating its immigration agenda and charting its course for INS, President Bush has made his ultimate goal clear - providing timely, high-quality services to legal immigrants on a consistent basis nationwide, while enforcing our nation's immigration laws in a balanced and fair manner that fully respects people's rights."

Statement by Chief of San Diego Border Patrol to Committee on Government Reform
Chief Veal of the San Diego Border Patrol Sector testified before the Committee on Government Reform in the House of Representatives about Border Patrol law enforcement initiatives that are effectively addressing drug smuggling in Southern California and stated that " drug smuggling and alien smuggling are linked."

Immigration News of the Day

Immigrant Deadline Extension Is Sought
Newsday reports that a bipartisan group of New York elected officials have urged a six-month deadline extension for Section 245(i). Legislation was introduced last month in Congress by Rep. Peter King (R-Seaford) and King and other co-sponsors of the legislation said that they were optimistic the bill would be passed soon.

Letters to the Editor

Editor's Note: The following is in response to Gary Endelman's article "What Really Matters: Immigration and National Interest" which appeared in the April 18, 2001, issue of Immigration Daily.

Dear Editor:

I have known Gary Endelman for a long time. I immensely admire both his intellect and his energy. That said, I find his April 18 article intriguing but, ultimately, unsatisfying. Without getting into the demographics of our future workforce needs and/or how many immigrants the economy can effectively absorb, it is clear to me, after two decades working in labor certifications, that the only appropriate modification to current program is to nuke it. The $35 or so million that DOL spends in culling which aliens qualify for EB 2 and 3 visas is largely wasted. Gary is just rearranging the deck chairs on the Titanic.

The permanent program is a failure because it is based on the fallacious notion that "permanent" entry into the United States can be based upon the inevitably transient needs of a particular employer. The day the alien gets her green card, she can quit or be fired. The only "permanent" element in the labor certification is the beneficiary"s "permanent" presence in the United States. How can any factor other than what she brings to labor force be a controlling force in admission? I do not claim to be a student of how a "points" system would operate. I am sure such a system has its flaws and critics. But whatever those flaws, they cannot be worse than the status quo. Intending no offense, the only people who benefit from the current labor certification system, and the only ones likely to defend it, are the immigration lawyers who profit from it. To the extent employers support it, it is because they find it a valuable carrot (or stick) to keep their H-1B workers in line.

In this context, I see no conceivable value in Gary's suggestion allowing governments to file for labor certifications (or submit LCAs for that matter) other than as the employer - a practice that now routinely occurs. It is difficult for me to conceptualize how it would work or how it improves on the status quo. Maybe the City of Gary (no pun intended) can sponsor some workers, but how are you going to keep them from moving to Texas or North Carolina or Nevada? If there were steps that government could take to stem the migration out of the rust-belt, why haven't they been taken already? With all the visas available for family unification and humanitarian grounds, not to mention the hundreds of thousands (millions?) of documented illegals, the tough issue for the future is not how to allocate 140,000 EB visas, but what will we do with the moves towards an expanded guest worker program. Does Gary think that the benefits produced by increased permanent immigration will be equally achieved by programs that tie workers to particular employers? This will be the interesting debate in the next few months and years.

The opinions expressed above are wholly personal and do not represent, in any way, the position of the Department of Labor.

Harry Sheinfeld
Counsel for Litigation
Office of the Solicitor
U.S. Department of Labor

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 to 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 212-750-1121

Paparelli & Partners LLP, a leading immigration law firm with a national employment-based practice conducted from Irvine, California, is actively recruiting for paralegals with experience in business immigration matters, including work visas and Labor Certification. We require a college degree and paralegal certificate or substantial and relevant experience. Must have excellent writing ability as well as strong research and communication skills. The firm also has immediate openings for Client Services Assistants to assist attorneys and paralegals in providing legal services to clients. Qualified candidates must have excellent computer and communication skills. The firm offers a competitive compensation package, as well as an outstanding support staff and a pleasant working environment (10 minutes from the beach). Please send resume via facsimile to Kerry Polich, Firm Administrator, at 949/955-5599 or via email at EOE.

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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