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Immigration Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
November 29, 2001
Previous Issues

Editor's Comments

ILW.COM has made some important changes to our attorney directory and software. The heart of the ILW.COM site is the directory of attorneys - the Internet age equivalent of the yellow pages. The full benefits of membership include listing in the directory, where there are more than 200,000 searches a year for attorneys, a link to your existing site if you have one and the opportunity to grow your practice by participating in chat with lawyers. Previously we have included in the directory free of charge a "business card" listing for attorneys who were not members. Economic necessity dictates that from now on only full members of ILW.COM will be listed in the directory. For details of the benefits of listing in the directory and a tour, click here.

Our case tracking software previously was linked to a listing in the directory. In response to requests from in-house counsel and HR paralegals, we have de-coupled case tracking from directory listing. So, if you are in-house counsel, an HR paralegal or simply have more business than you can handle and so do not want to be listed in the directory of attorneys, you can still use case tracking. To learn more about case tracking and for a tour, click here, or write to with your phone number.

Trying to win over a corporate client? Use ILW.COM's Case Tracking! Each case takes only a few minutes from start to finish! If you are serious about getting corporate clients, and keeping existing corporate clients happy, you must have this modern technology! For more info, send email to, include your phone #.


200,000 Attorney Searches per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 250 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each working day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

Tip of the Day


The INS web site has a wealth of valuable immigration information. ILW.COM tries to make it easy for you to find the INS information you want. We have organized the information in Employment INS FAQs, Family INS FAQs, Visitor Visa INS FAQs and General information INS FAQs. We hope the organization will allow you to find the answers you need.

ILW.COM Featured Article of the Day

Refugee Admissions Another Casualty of September 11
Carl R. Baldwin writes that a misguided and counterproductive result of the September 11 attacks has been a suspension of the admission of refugees.

Thousands of immigrants each month search for attorneys on ILW.COM. Corporations, too, use ILW.COM to find immigration counsel. ILW.COM membership can be your most cost-efficient marketing tool! Just one new client will pay for the entire year's fee! Click here for more info.

Immigration News

Compelling Evidence of Persecution
In Popova v. INS, No. 00-70429, (9th Cir. Nov. 28, 2001), the court disagreed with the Immigration Judge (IJ) and Board of Immigration Appeals (BIA) and found that Petitioner has presented compelling compelling evidence demonstrating a well-founded fear of persecution based on religion and political opinion.

Introduced Bills
Sen Akara introduced S. 1730, a bill for the relief of Vichyai Sae Tung (also known as Chai Chaowasaree), and Sen. Edwards introduced S. 1733, a bill to develop and implement a unified electronic data system to enhance access to information that is relevant to determine whether to issue a visa or admit an alien to the US.

Rep. Souder Addresses Border Security
Rep. Souder tell his colleagues that, "[w]e have general concerns in the United States about our borders, our land, air, and water, for any number of reasons; and our challenge is how to keep our trade flowing and our traffic flowing while still meeting our security concerns."

Rep. Tancredo on Economic Stimulus and Foreign Workers
Rep. Tancredo expresses surprise that in all the discussion of an economic stimulus package there has been no discussion of the number of aliens taking jobs whether working illegally or under H-1Bs.

Comment Request on Extension of Employer Attestation
The Department of Labor is seeking comments on ETA-9033-A, Attestations by Employers Using Alien Crewmembers for Longshore Activities at Locations in the State of Alaska.

Immigration in the Press

O'Connor Weighs Civil Liberties vs. Security in Border Patrol Case
According to, during oral arguments in US v. Arvizu, No. 00-1519, a challenge to a lower court ruling that limited the factors that a Border Patrol agent could consider in determining whether there is reasonable suspicion to stop a motorist, Supreme Court Justice O'Connor questioned whether now is the time to step away from the "totality of the circumstances" standard.

"Immigration Implications of September 11th tragedy" Attend the at-cost seminar series moderated by Stephen Yale-Loehr. Click here for more info or to signup online. Click here for more info or to signup by fax

This Day in Immigration

From November 29, 2000

"BALCA Finds No error in CO's Categorization of Day Care Worker In Matter of Cleveland Park Kinder Haus, Ltd., 2000-INA-67 (BALCA, Nov. 20, 2000), the Board of Alien Labor Certification Appeals (BALCA) agreed with the Certifying Officer's (CO) decision to deny labor certification for an "Assistant Teacher" where the description of the job duties for the position were more in line with the position of "Day Care Worker" because the requirement of two years of experience for a "Day Care Worker" was excessive and the employer had not documented business necessity adequately."

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:

Thanks for the full account of the Ali Al-Maqtari case. It is evident that the "Ashcroft Raids," as Pat Buchanan called them approvingly, have begun, sweeping peaceable aliens and US citizens into the dragnet. It is a good thing that there are immigration lawyers who know how to force the government to put on the brakes before too much damage is done to the individuals involved and to our system of due process and fundamental fairness.

Carl R. Baldwin

Dear Editor:

J.S.' letter from November 28 seems to confuse the administrative laws of the United States with morality.

About 750 years ago, Thomas Aquinas drew the distinction between acts that were "mala prohibida" (bad because they were prohibited) and those that were "mala in se" (bad in themselves). Violation of our immigration laws, which are often arcane and sometimes even bizarre in their effect, may be mala prohibida, but is not mala in se. I don't think that technical violations (particularly overstays) reflect on the immigrant's character or even honesty.

Benjamin Lowe

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For information on advertising in the classifieds please click here.

McKinsey & Company, Inc., an international management consulting firm ( is looking for an Immigration Legal Assistant to perform immigration legal processing and administration and to provide administrative assistance to the Director of Mobility. Requirements: Bachelor's degree Advanced skills in Excel, PowerPoint and Word 2 years immigration paralegal experience Strong verbal and communication skills Ability to deal with demanding clientele Responsibilities will include (but not be limited to) 1. Answer questions/provide information regarding the firm's policies on immigration (i.e., sponsorship of H-1B visas, green cards) 2. Manage electronic tools and databases to assist in efficient functioning of immigration legal process (typically using Excel Spreadsheets from internal immigration tracking database/external "Immigration Home Page") 3. Draft immigration filings and various employment and travel support letters on behalf of immigration counsel with the government such as TNs, J-1s 4. Engage in basic level immigration legal research using both on-line and hard copy resources 5. Set up/arrange meetings and conference calls, travel itineraries, and assist with preparation of documents as well as field inquiries/messages when managers are not available 6. Provide project support to Director of Worldwide Mobility. McKinsey & Company offers an excellent benefits package which includes 3 weeks of vacation for years 1 and 2, and 4 weeks thereafter; company-paid medical and dental coverage; profit-sharing; healthcare and dependent care flexible spending accounts; TransitCheks; child and elder care referral service; and emergency back-up child care. Please e-mail resume and compensation requirements to (or fax to: 212-847-7121).

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.

Des Moines, Iowa. Basic intensive immigration legal training seminar to be held January 14-18, 2002, at the Marriott Hotel in downtown Des Moines. Sharply discounted room rates of $49/night plus tax for single or double at the downtown Marriott. Call 800/228-9290 for room reservations and mention the immigration legal training seminar. Sponsored by the Midwest Legal Immigration Project and the Immigrant Legal Resources Center. For more information, call Cyndy Bolsenga, 515/271-5730 or fax 515/271-5757 or e-mail

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.
Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2001 American Immigration LLC, ILW.COM