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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
November 19, 2001
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Editor's Comments

The Department of Labor, Employment and Training Administration, has issued General Administrative Letter 2-02 and Attachment B which has 14 questions and answers regarding the regulation which allows regular labor certification cases to be converted to RIRs. Any request to convert a regular case to RIR where the original case was filed after August 3, 2001, or where the request was received after the placement of a job order is untimely. The attachment instructs the State Workforce Agencies to offer an employer the opportunity to withdraw untimely requests. If the request lacks the required documentation the state office should notify the employer to submit the documentation or withdraw the request. Employers can request that a case originally filed as RIR, where the RIR request has been denied by the Certifying Office and returned to the SESA, again be considered as an RIR case as long as it was originally filed before August 3, 2001. The RIR conversion regulation, and this GAL guidance, give the SESAs and regional offices a tool to help reduce the backlog of cases. May they use it effectively.


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Tip of the Day

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In response to requests from readers, ILW.COM has added a "Print this Page" feature to Immigration Daily pages. Some readers pointed out that if 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 advertising banners and menu strips, 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. You can find this new feature on the top and the bottom of every Immigration Daily page. We hope this feature will make the Daily more useful to you.

ILW.COM Featured Article of the Day

"A Moveable Feast": An Analysis of Adjustment of Status Portability Under AC21 (Part III)
Angelo A. Paparelli and Janet J. Lee discuss the background of substitutions of beneficiaries of labor certifications, and the "cell mitosis" theory which allows both the employer and employee to benefit from a labor certification.

Immigration News

Fear of Military Recruitment Not Necessarily Based on Political Opinion
In Montejo v. INS, No. 01-9507 (10th Cir. Nov. 15, 2001), the court found that because petitioner did not present any evidence that he was recruited for military service based on his political opinion, or that he refused to join the guerillas because he disagreed with their political stance, the evidence does not compel the conclusion that he was persecuted based on his political opinion.

Designated Locations for H-2A Processing
The Department of Labor, Employment and Training Administration, has issued General Administrative Letter 2-01 regarding the designation of centralized locations within each state for the processing of H-2A applications and attachment which lists the designated offices.

Q & As on RIR Conversion
The Department of Labor, Employment and Training Administration, has issued General Administrative Letter 2-02 and Attachment B which has 14 questions and answers regarding the regulation which allows regular labor certification cases to be converted to RIRs.

Leading H-1B Employers
The INS has published a list of the leading employers of H-1B workers, and the characteristics of H-1B workers from May 1998 to July 1999, and from October 1999 to February 2000.

Senate Approves CJS Conference Report
By a vote of 98 to 1 the Senate approved the Conference Report on the appropriations bill for the Departments of Commerce, Justice and State.

Rep. Roybal-Allard on CJS Conference Report
Speaking in favor of the the Commerce, Justice, State and Judiciary Appropriations Conference Report Rep. Roybal-Allard praises the increases in funding for the INS, but is disappointed that it does not include and extension of 245(i).

Hearing on Sensenbrenner/Gekas Bill Cancelled
According to Rep. Sensenbrenner the House Subcommittee on Immigration and Claim's scheduled hearing on restructuring the INS was cancelled because Commissioner Ziglar did not present his testimony to the Committee until noon placing members of the committee in an unfair position.

New N-400 Required Effective January 1, 2002
The INS advises the public that the revised Form N-400 is available for filing purposes and as of January 1, 2002, will become the only edition acceptable for filing.

INS Comment Requests
The INS has published a comment requests on form G-1046, Contacts Concerning INS Practitioner Fraud Program, I-908, Biographical Information/Program Eligibility Questionnaire and I-909, Practitioner Fraud Pilot Program Initial Interview Form.

Immigration in the Press

Some Crash Relatives Fear Deportation
According to an Associated Press article in the Washington Post some relatives of the victims of American Airlines Flight 587 are afraid to claim the bodies of their loved ones or leave the country to bury them because they fear deportation.

ILW.COM Chats and Discussions of the Day

Chat with Karen Meade
Karen Meade will answers questions on all aspects of immigration law on Monday, November 19, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

This Day in Immigration

From November 17, 2000

"INS Achieves 2-Year Naturalization Program Goals According to a press release from the INS the agency has met its naturalization program goals by completing more than 2.5 million naturalization applications for the period FY1999-FY2000, and met or exceeded its goals for adjustment of status and green card renewals."

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Presented by the Practicing Law Institute, November 27, 2001, 6:00 p.m. - 8:15 p.m. PLI New York Training Center, 21st Floor 810 Seventh Avenue (between 52nd and 53rd Streets) New York City. For details, click here.

There will be a New Jersey Institute for Continuing Legal Education (ICLE) seminar on Wednesday, December 5, 2001 from 9:00 AM to 5:00 PM at the Brunswick Hilton in East Brunswick, New Jersey. The seminar titled, Corporate Immigration Law: For Attorneys, In-House Counsel, & Human Resources Personnel: H-1B Requirements, will feature updates on the latest H-1 legislation regulations and will discuss recent developments in the field. For details, click here.

The Federal Bar Association, North East Ohio Chapter in conjunction with the Cleveland Immigration and Naturalization Service, present the 2001 Immigration and Naturalization Seminar on December 7, 2001. This Seminar will address current developments impacting immigration law in response to the tragic events of September 11, 2001. The seminar will be held at the Marriott at Key Center, In Cleveland, Ohio from 7:30 am - 5:00 pm. The CLE includes 7.5 hours of credit with .5 hours of Substance Abuse. For details, click here.

On January 31st & February 1st 2002, the National Immigration Forum will host its inaugural conference A Nation of Immigrants in the 21st Century: Moving Forward in a Time of New Challenges. The conference will be held at the Mayflower Hotel in Washington, D.C. For details, click here. For registration form, 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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