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Immigration Daily May 23, 2002
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What You Must Know About Labor Law, Tax Law and Criminal Law in Business Immigration Practice

ILW.COM's new seminar on Interdisciplinary Issues In Immigration Law has a distinguished panel of speakers. Robert Loughran is a Partner in Tindall and Foster, one of the largest immigration law firms in the country. Dan Kowalski is Editor in Chief of Bender's Immigration Bulletin and an Editor of Immigration Law and Procedure, Desk Edition. Daniel Dominguez, CPA, is a Partner with BDO Seidman, LLP, a leading tax consulting organization and a national professional services firm with 35 offices and 175 alliance firm locations nationwide. Gregg Gerlach is a labor lawyer and represents employers in the area of wage and hour law, including the audit of company pay procedures, handling of Department of Labor investigations, and litigation of wage and hour claims. Karen Hunter-Courrges is experienced in H2B matters. Leigh Nelson was the lead immigration attorney in Bendig v. Conoco, perhaps the most important immigration-related employment discrimination lawsuit in recent years.

The curriculum is as follows:

FIRST Phone Session on May 31, 2002:
(1) Criminal issues in employment-based immigration - Executives and their kids get in trouble too. * DUI/DWI * What is an aggravated felony? * What is a crime involving moral turpitude? * When is disclosure necessary on Federal forms? * When is an expungement honored? * When is a possession crime viewed as trafficking? * What are the implications of foreign convictions?
(2) I-9 Issues. * Copy or not to copy. * Who is responsible for reverification? * How do Social Security no-match letters impact I-9 management? * Will companies pay to learn about their liabilities? * Who is responsible for fraud detection?
(3) Unfair Employment Practices. * (a) What are unfair employment practices and (b) what does the government think they are? (Bendig v. Conoco) * How do economic downturns affect enforcement levels? (I-9 & Office of Special Counsel) * Future enforcement trends. (LCA & PERM audits)

SECOND Phone Session on June 28, 2002:
(1) How tax law issues intersect with immigration law. * Who can be taxed as a non-resident? * What exemptions can non-United States Citizens traveling abroad claim and still retain U.S. immigration status? * When do U.S. tax obligations end? (sailing permits, renunciation, abandonment)
(2) How labor law issues intersect with immigration law. * When is a petition an employment contract? * How do posting requirements impact state labor laws? * What role do unions play when a company is foreign workers? * Citizenship and National Origins Discrimination * Other issues related to termination

THIRD Phone Session on July 31, 2002:
(1) H-2A and H-2B issues. * What is seasonal? * What is peak load? * What is a labor shortage? * How do you find qualified applicants with clean immigration histories? * What can be done to protect this practice area from endemic fraud?

For more info, or to sign up online, please click here.
For more info, or to sign up by fax, please click here.

Featured Article

Student Visa Tracking To Start Immediately
Jose Latour writes about the new student online tracking procedures announced by the INS "as far as curbing terrorism, I don't think that this [] is going to do a whole lot for us."

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Immigration Law News

BALCA Says Employer's Contentions "Taken As A Whole" Were Unresponsive To NOF
In the Matter of Chili's Restaurant 2002INA00081 (BALCA, Apr. 22, 2002), the Board of Alien Labor Certification Appeals affirmed the Certifying Officer's denial of labor certification since the Employer's contentions "taken as a whole" were unresponsive to the Notice of Findings and since the job opportunity was advertised as "Assistant Cook" but Employer's rebuttal arguments alluded to "Cook, Specialty" and "Specialty, Foreign Food Cook."

Tancredo Press Release On 245(i)
Rep. Tancredo issued a press release denouncing an extension of 245(i)

Ziglar On International Adoptions
INS Commissioner Ziglar made a statement before the House Committee on International Relations regarding a Hearing on international adoptions.

Revealing Presence To INS Is Not Same As Plea Bargain
In Jimenez-Angeles v. Ashcroft, No. 00-71478 (9th Cir. May 22, 2002), the court held that it lacked jurisdiction to address Petitioner's argument that the INS should have commenced deportation proceedings against her immediately upon becoming aware of her illegal presence in the US and that IIRAIRA did not impermissibly apply to her retroactively since in revealing her illegal presence in the US to the INS, she gave up only her ability to live undetected in the US rather than any valuable legal right, and since her turning herself in to the INS voluntarily prior to IIRAIRA's effective date in the hope or expectation that she would receive suspension of deportation rather than cancellation of removal was not a settled expectation, and that even though the government saved resources it might otherwise have expended in tracking her down, this was not the same sort of exchange as a plea bargain in St. Cyr.

Ashfcroft Statement On OIG Report
Attorney General Ashcroft issued a statement to the press on the recently issued report by the Department of Justice's Office of Inspector General.

5 IJs Sworn In LA
Five Immigration Judges were sworn in Los Angeles, according to a press release from the Executive Office of Immigration Review of the Department of Justice.

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Other Items

Rep. Frank Calls For National Origin Profiling
The Wall Street Journal's Editorial Page calling for "a prudent, thoughtful program of racial profiling" says "Rep. Barney Frank (D., Mass.) believes a well-designed profile system can protect civil liberties while taking into account factors such as national origin. "I do think that that at this point, [national] origin would be part of it. . . . In certain countries, people are angrier at us than elsewhere."

US Lawmakers Fear Rocking Boat On Immigration Ahead Of November Elections
The Atlanta Journal-Constitution says "At last weekend's immigration meeting between U.S. lawmakers and their counterparts in Mexico ... U.S. lawmakers professed their support for immigration reform, but when it came time to make commitments they dashed Mexico's hopes with unconvincing excuses. They cited a pressing congressional calendar, the war on terrorism and the public's resistance to legalizing illegal immigrants. Left unmentioned, but more to the point, they fear rocking the boat ahead of November elections."

Research Organization Calls For Reducing Immigration To Combat Terrorism
The Center for Immigration Studies, which advocates reduced immigration, released its report "The Open Door: How Militant Islamic Terrorists Entered and Remained in the United States, 1993-2001." Among its policy recommendations: "Given limited governmental resources, issuing fewer visas would mean that greater resources could be devoted to background checks on each applicant. It would also mean fewer people to keep track of within the country."

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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