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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
July 10, 2001
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Editor's Comments

In his article Giving Credit Where Credit Is Due: How To Make The H-1B Fun For Everyone Gary Endelman proposes changes to the H-1B program that would make it almost unrecognizable to those familiar with it in its current incarnation. In the past Mr. Endelman raised the possibility of fundamental changes to US immigration law. These changes are not likely to be implemented anytime soon. Making these proposals serves an important function. Instead of allowing us to put up with things as they are, he challenges us to think about things as they could be. If you have a vision of how immigration should work, share it by sending to

The California Service Center and Texas Service Center processing times have been updated.

Tip of the Day

Processing Times

The INS processes many petitions at its Eastern Service Center in Vermont, the Northern Service Center in Nebraska, the Southern Service Center in Texas and the Western Service Center in California. There are backlogs and delays throughout the INS including the Service Centers. We thank the American Immigration Lawyer's Association which makes this information available to the public; we make it available at ILW.COM as soon as we obtain it from them. The processing times pages are a resource attorneys can use to give their clients an idea of how long a particular application will take. Attorneys can also encourage clients to check the processing times themselves to reduce the number of phone calls asking how long a case is taking. The real measure of processing times is how long cases are actually taking. If you find a case taking more or less time than indicated on these pages, send the information to As the hub for immigration information ILW.COM is a place to share the latest and most up-to-date immigration information.

ILW.COM Featured Article of the Day

Giving Credit Where Credit Is Due: How To Make The H-1B Fun For Everyone
Gary Endelman proposes that H-1B employers should be given a tax training credit for hiring and educating unemployed or underemployed US workers and the funds should come from the H-1B workers themselves.

Immigration News

Asylum Denied for Changed Country Conditions
In Yatskin v. INS, No. 00-1743 (1st Cir. July 6, 2001), while faulting the Board of Immigration Appeals (BIA) for failure to create a clear administrative record, the court affirmed the BIA's denial of asylum because Petitioner failed to offer any evidence to rebut the evidence of changed country conditions.

Drunk Driving Not an Aggravated Felony
The court in Bazan-Reyes v. INS, Nos. 99-3861, 99-3917 and 99-3922 (7th Cir. July 5, 2001), held that state drunk driving convictions were not crimes of violence and so not aggravated felonies.

Probated Time Part of Term of Imprisonment
In US v. Ayala-Gomez, No. 00-13456 (11th Cir. July 5, 2001), the court found that where all but eight months of a five year sentence were probated by a county court, the term of imprisonment imposed on the Defendant was the full five years and so an aggravated felony.

Immigration in the Press

Long Island Battles Over Immigrants
According to an Associated Press report in the New York Times [registration required] a middle-class community on Long Island has become an unlikely flash point in the national debate over illegal immigration because of the beatings of two Mexicans and a rejected proposal to build a hiring hall for laborers.

This Day in Immigration

From July 10, 2000

"Deportation of Alien Witness Not a Violation of Constitutional Rights In US v. Perez, No. 99-20500, (5th Cir. June 29, 2000), the Court upheld a conviction for aiding and a betting the harboring of an alien rejecting all of the defendant's arguments including that the swift deportation of potential witnesses was a violation of the sixth amendment right to compulsory process and fifth amendment right to due process."

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:


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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Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2001 American Immigration LLC, ILW.COM