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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
July 3, 2001
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Editor's Comments

The June statistics are in. The most read items for the month were:

  1. The May release of the Office of Business Liaison's Bulletin on H-1Bs
  2. The GAO Report titled "Immigration Benefits: Several Factors Impede Timeliness of Application Processing"
  3. The June release of the Office of Business Liaison's Bulletin on H-1Bs

For the month of June the most read articles were:

  1. Goodbye to All That: The End of Labor Certification by Gary Endelman
  2. The Plight of H-1Bs During an Economic Downturn by Cyrus D. Mehta
  3. Adjustment of Status Under LIFE Legalization Provisions by Alexander Nisengolts
  4. Be Careful of What You Wish For: The Hidden Meaning of Premium Process by Gary Endelman

Tip of the Day

Printing from ILW.COM

In response to requests from readers, ILW.COM has added a "Print this Page" feature to Immigration Daily pages. Some readers pointed out that it they used the "print" button on the browser, some words at the right hand side of the page would be lost. Clicking on the new Print this page will automatically remove all advertisements, sidebars, etc. and give you a plain text version of the page formatted to fit a standard sheet of paper. Print this page allows you to print the Daily, cases, Congressional Record, Federal Register, INS, DOS DOL items and featured articles to read when you are away from your computer and to save for future reference.

For pages which do not have the Print this page feature, we suggest the following solutions:

  1. Printing from your Internet Browser: Go to the "File Option" on the menu bar on either the Netscape or Internet Explorer then choose "Page Setup." Adjust the settings of the right and left margins to about 0.25 inches respectively. The top and bottom margins need not be adjusted. Hit "OK." Go back to your "File Option" and click on "Print" and then "OK."

  2. OR

    If this does not work for you, print the page in landscape format. To print in landscape mode open the print dialog box. It will have a "Properties" button. Click on it and change the orientation of the paper from "portrait" to "landscape." Hit "OK" and "print."

  3. Paste text into your word processor: In order to avoid printing our menu strip, place your mouse over the start of the article you want to print. Click down and drag your mouse to the end of the article while keeping the mouse pressed down. This should highlight the entire article. Now select the "Copy" menu item from the "Edit" menu of your browser. Start your word processor with an empty document. Select "paste." Now use the print function of your word processor.
  4. Highlight the text in Internet Explorer: Rather than copying and pasting the information into your word processor, many readers have found that they are able to highlight the relevant text and then select the "Print" menu item under the "File" pull down menu of Internet Explorer. After selecting the Print menu item, select the "Selection" radio button under "Print Range." Otherwise it will still print the whole document even if you have highlighted only a portion of it. The information should print out with the appropriate width and without cutting out any text. Unfortunately, this method seems to work only in Internet Explorer.

ILW.COM Featured Article of the Day

Out of the Shadows: Employment-Based Immigration Policy Enters the Real World
Gary Endelman writes about recent fundamental changes in the way INS and DOL view their roles.

Immigration News

No Asylum Where Persecution Not Demonstrated
In Tamoshaityte v. INS, No. 00-9533 (10th Cir. June 27, 2001), the court found that the Immigration Judge (IJ) did not err in denying a petition for asylum where there was no evidence of harm or persecution of others similarly situated.

Nonimmigrant Category for Chefs Proposed
Sen. Reid introduced S. 1149, a bill to establish a new nonimmigrant category for chefs and individuals in related occupations.

Cosponsor for Advance in Registry Date
Sen. Ensign has been added as a cosponsor of S. 562 which provides for advances in the registry date.

Senate Receives Nomination for INS Commissioner
A communication from the White House Liaison, Department of Justice, transmitting, pursuant to law, the report of a nomination for the position of Commissioner, INS, was received on June 28, 2001, and referred to the Committee on the Judiciary.

IJ Mills Assigned to New York
The Executive Office for Immigration Review (EOIR) announced the assignment of Immigration Judge Miriam Mills from the Immigration Court in Detroit, MI, to the Immigration Court in New York City.

Immigration in the Press

Open NAFTA Borders? Why Not?
According to the Wall Street Journal immigration continues to refresh and nourish America; we would be better off with more of it.

This Day in Immigration

From July 3, 2000

"Proposed Rules for the Detention of Aliens Ordered Removed INS requests comments on proposed rules for the "Detention of Aliens Ordered Removed. " The rule would amend INS regulations by providing a uniform review process governing the detention of criminal, inadmissible, and other aliens, excluding Mariel Cubans, who have received a final administrative removal order but whose departure has not been effected within the 90-day removal period. Written comments must be submitted on or before July 31, 2000."

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:

Letters to the Editor

Dear Editor:

In response to our inquiry from American Consulate, Mumbai as to whether they will not process any NIV or IV applications on the second and last Friday of each month except for emergencies, we have received the following information from Mr. Fred Polasky, Chief of the Visa Section, Mumbai, India.

That's true. We decided we needed an extra day "off" each month to allow visa officers to decompress, hold meetings, have training and to catch up with correspondence. As you know, we have sometimes had problems keeping up with the latter. At some point in the future - but still several months away - we may be closed to the visa public every Friday. We will probably only do that once we have an NIV appointment system in place, not likely before the beginning of next year, but nevertheless something we intend to institute within the foreseeable future. Look for an announcement soon for us to beginning gradually moving some NIV services "off-site" (and clearing away some of the crowd in an around the Consulate). First step will be to have all "drop box" applicants turn in their applications at a "Visa Facilitation Center" and get them back via courier.

Best regards,
Fred Polasky

Michael Phulwani, Esq.
Maywood NJ 07666


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 ATLANTA, NEW YORK, NEW JERSEY,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 or

Employers and attorneys for employers can now electronically complete a form I-9 (employment eligibility verification) via LOOKOUT SERVICES INC. at Get tips and alerts to guide employers through the I-9 compliance maze. We track employment eligibility expiration dates and provide three (3) prior notices of expiration dates beginning four (4) months in advance. Notices will be provided to employer directly or to the attorney for employer. With LOOKOUT SERVICES INC., employers have peace of mind that company I-9 forms are in compliance. Use our internet based software to complete an I-9 at the time of hire or audit an existing I-9. Call today to receive a password & user i.d. or for a demonstration. Call toll free 1-888-522-6704.

Angelo Paparelli and Steve Yale-Loehr will conduct a three-part teleconference and e-mail listserv series titled On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr. The teleconferences will take place Wednesdays August 8, September 5, and October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. They are open to attorneys, employers, HR professionals and anyone else interested in the H-1B process and strategy. For more information or to register click here.

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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Marc Ellis, Gary Endelman

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