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Immigration Daily

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Immigration Daily May 28, 2002
Previous Issues

Editor's Comments

While the meat and potatoes of most business immigration practices continues to be H1Bs and Labor Certs, the sizzle comes from other, often ignored, areas of business immigration. To use a term from economics, there is considerable "marginal economic advantage" in picking up business immigration cases in these ignored areas of practice. To learn about these areas, ILW.COM has organized a seminar on interdisciplinary issues in immigration law. Curriculum and speaker info appear below. The deadline for this seminar is Tuesday, May 28th.


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

From Community Policing to Community Profiling: The Justice Department's Proposal to Have Local Police Enforce Immigration Laws
The National Immigration Forum, in a detailed backgrounder on the Department of Justice's idea of having local police enforce immigration, says that this reversal of long-standing federal policy is likely to backfire.

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:

Immigration Law News

No Habeas Jurisdiction Where Administrative Appeal Withdrawn
In Gauchier v. Davis, No. 01-3710 (Eastern District of Louisiana, May 9, 2002), the court held that it lacked subject matter jurisdiction on the Petitioner's habeas petition because of two alternative theories: (1) the petitioner had been deported and there was no longer a live case or controversy and since he was no longer being detained, he lacked standing to maintain the suit and (2) since the petitioner had appealed his deportation order to the Board of Immigration Appeals and then subsequently withdrawn that administrative appeal, he failed to exhaust his administrative remedies.

Guilty Plea By GED Defendant Who Was Fully Advised Of His Rights Is Voluntary
In USA v. Gomez-Martinez, No. 01-2325 (10th Cir. May 23, 2002), the court said that the Defendant's guilty plea to illegally reentering the US after having been convicted for an aggravated felony and deported was knowing and voluntary.

Joint US-Russian Statement On Visas
President Bush and President Putin of Russia issued a joint statement on People to People contacts and the White House issued a fact sheet on People to People cooperation, both documents made much reference to visa issues.

White House Press Secretary Quizzed On Aliens Smuggled In
During the Press Briefing by White House Press Secretary Ari Fleischer earlier this week, he was asked this question by a reporter: "the INS, apparently in a sting operation, allowed hundreds of illegal immigrants from Afghanistan, Pakistan, Iraq, Syria, Saudi Arabia, India and the West Bank to enter the United States to track human smuggling rings over the last four years, but the INS lost track of as many as 100 of the aliens. This was called "Seek and Keep." Between 18 and 24 Syrians were allowed to enter the U.S. illegally sometime between '99 and 2000, were lost. Are you aware of this, and what is the President's view of the INS losing track of the people they deliberately smuggled in?" For the response, please click the link to the transcript of the briefing (the answer is half way down the document).

Rep. Davis Refers To Long History Of Asian Immigration
In remarks on Asian Pacific Heritage Month in the House of Representatives, Rep. Davis (D-IL) said "Both the public and private sector sought to increase immigration in the early- and mid-1800s in a search for cheap labor as exemplified in the ratification of the Burlingame Treaty which guaranteed the right of Chinese immigration; but which did not, however, grant the right of naturalization."

Immigration In Supplemental Appropriations Debate
The lengthy debate in the House of Representatives on the 2002 Supplemental Appropriations Bill included a number of references to immigration.

HHS Announces Grants
The Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services announced a request for applications for projects to increase awareness about human trafficking and to support services for individuals determined to be victims of a severe form of trafficking and in this connection invited submission of grant applications for funding. The same agency also announced availability of FY 2002 social services discretionary funds for refugee microenterprise development projects.

Minor Correction to SEVIS rule
INS made a minor correction to the SEVIS rule.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Ziglar Says No Mass Deportation
The Arizona Daily Star quotes INS Commissioner Ziglar "the 7 million or more people living illegally in the United States do not face any mass deportation efforts, the commissioner of the Immigration and Naturalization Service said in Tucson Thursday."

Notarios To Become Felons In Arizona
The Arizona Republic reports that a new law effective July 29 "makes practicing immigration law without a license a Class 6 felony punishable by up to a year in prison and a $150,000 fine." The law was enacted due to actions by "an unlikely coalition of politicians, lawyers and a federal judge who successfully lobbied for a bill that turns notarios practicing immigration law into felons."

How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to:, include your phone #.


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Letters to the Editor

Dear Editor:
The House did pass the Customs Border Security Act, H.R. 3129, on Wednesday by a vote of 327-101 (Roll Call #193). The final bill that was passed included those items you mentioned. The vote you reported was an earlier vote on a Democratic substitute amendment (House Vote 192).

Theresa Brown
Director, Immigration Policy
U.S. Chamber of Commerce

Editor's Note: You are correct. Thank you for pointing this out to us. We regret the error.

Dear Editor:
Please interview someone in Washington about the adjudication freeze in the New York District. For the last two weeks or so there have been no INS adjudications except for emergency advance paroles.... no green cards, no citizenship grants, no green card extensions, no non-emergency advance paroles. This is supposedly due to a new IBIS security checking system for the which the New York District has no computers and no instruction. I do not know the intimate details of this disaster, but it reminds one of a block on adjudications in 1997 when fingerprint checks were not available on the date of the interview. Then, pending files were stacked in boxes and some were lost or forgotten for years. For some reason, other Districts are reportedly coping with the current IBIS burden. New York always seems to take the worst interpretation of directions from Washington. When in doubt, deny the case or delay. Please investigate.

John Moncrief

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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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