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Immigration Daily

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Immigration Daily June 11, 2002
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Editor's Comments

The ILW.COM team will be traveling to San Francisco on Tuesday for the AILA National Conference and will be back next week. During the conference we will continue to publish the Immigration Daily though the issues will be somewhat smaller. However, we will cover any breaking news from the conference and will produce larger than normal issues upon our return. For those of you who will be at the conference, we look forward to seeing you in person at our booth in the Exhibit hall.


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Featured Article

A Time For Hope: Immigration And National Security
Gary Endelman writes that national security fears have taken over the immigration debate, that the pro immigration argument is no less compelling today than it was before 9/11, that harsher enforcement will produce not fewer immigrants but greater clarity about immigration's benefits, and that President Bush has gotten it exactly right in his principle that immigration policy ought to help a willing employer and a willing worker come together.

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Justice Quits In Protest After Raid On Mexicans
A Perry farmer has resigned as village justice after accusing police of using intimidation and racial profiling against Mexican workers during an investigation.

NY Native Deported In Latest INS Goof
In another embarrassing immigration mix-up, a 70-year-old American has been deported to the Dominican Republic - even though she was born in Westchester.

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Help Wanted - Immigration Coordinator
In house at multi national company in South Bay area of LA. Act as liaison between company, foreign nationals and outside counsel in preparing nonimmigrant and green card applications consistent with company's immigration policy. BS degree and 2 years of business immigration experience required. Must be professional, articulate, computer literate and well organized. Gym on premises. May assist with other international HR functions as well. Please email resume/salary history to

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Letters to the Editor

Editor's Note: The following letter refers to the article in the June 3rd issue of Immigration Daily "After The Termination: What's Next?" by Sherry L. Neal.

Dear Editor:
Can Ms. Neal cite authority for this statement in her article? I suspect it may be inaccurate and misleading, but Im open to comment. "For example, when a company fires an employee who is on an H-1b temporary visa the company must notify the INS by withdrawing the H-1b petition."

Stephen B. Horton, Esq.

Ms. Neal responds:
The INS Regulations at 8 CFR 214.2(h)(11)(i)(A) states "............If the petitioner no longer employs the beneficiary, the petitioner must send a letter notifying the director or the Regional Administrator who approved the petition." Although this has been in the INS Regulations for many years, employers often didn't follow this Regulation since there was no real penalty for not following. In fact, employers seldom notified the INS because it allowed them to "bench" an employee - i.e. not pay the employee while in unproductive status. However, when the Department of Labor issed the Regulations in December 2000, implementing the American Competitiveness and Workforce Improvement Act of 1998, the Department of Labor said the employer must pay the wages of the employee during the entire time that the employee is paid but that payment is not required when there is a bona fide termination of employment. The Department of Labor then cited the INS Regulations (requiring the employer to notify the INS in cases of termination) as the proof of whether there is a bona fide termination. The relevant Department of Labor Regulation is 20 CFR 655.731(c)(7)(ii) which says, "Payment need not be made if there has been a bona fide termination of the employment relationship. INS Regulations require the employer to notify the INS that the employment relationship has been terminated so that the petition is canceled (8 CFR 214.2(h)(11), and require the employer to provide the employee with payment for transportation home under certain circumstances (8 CFR 214.2(h)(4)(iii)(E)."

Editor's Note: The following letter refers to the article in the April 4th issue of Immigration Daily "New ECFMG Rules Make Obtaining J Visas More Difficult" by Greg Siskind and Amy Ballentine.

Dear Editor:
We read the recent article "New ECFMG Rules Make Obtaining J Visas More Difficult," by Mr. Siskind and Ms. Ballentine and offer the following clarifying comments.

Through its program of certification, ECFMG assesses the readiness of international medical graduates (IMGs) to enter the US system of graduate medical education. The ACGME requires ECFMG certification as a prerequisite to an IMG's participation in an ACGME-accredited program. This certification requirement is not unique to the J-1 physician. It applies to all international medical graduates, including US citizens, US legal permanent residents, and foreign nationals. The current requirements for ECFMG certification include the primary source verification of the graduate's medical school diploma credential, passing Steps 1 and 2 of the United States Medical Licensing Examination (USMLE), the ECFMG Clinical Skills Assessment (CSA), and TOEFL.

ECFMG implemented the CSA as an additional examination requirement for ECFMG certification on July 1, 1998. The purpose of CSA is to ensure that IMGs demonstrate the ability to gather and interpret clinical patient data and communicate effectively at a level comparable to a standard reasonably expected of students graduating from accredited US medical schools. The incorporation of CSA as an additional requirement for all individuals seeking ECFMG certification helps ensure that such individuals possess the necessary basic clinical skills for entry into supervised graduate medical education in the US. Through March 2002, ECFMG has tested over 24,000 CSA examinees. It is worth noting that the number of CSA examinees in 2002 represented an 18% increase over CSA examinees in 2001. We note your comments regarding visa denials. Visa denials are also of interest to us, and we track visa denials of individuals seeking to take CSA. From September 11, 2001 through mid-March 2002, we received reports of visa denials for 39 individuals (this compared to 31 denials for the same period in the previous year).

The J-1 regulations name ECFMG as the sole sponsor of J-1 exchange visitor physicians in clinical training. As with all designated J programs, ECFMG must adhere to the US Department of State's (DOS) guidelines regarding program administration. ECFMG does not, as your article suggests, "make the rules." The current discussion regarding J-1 sponsorship eligibility for highly specialized training programs for which ACGME-accreditation is not available represents an ongoing dialogue between DOS and the graduate medical education community, with ECFMG acting as a facilitator.

As announced on the ECFMG website, DOS has confirmed that ECFMG shall be permitted to continue to sponsor individuals in clinical fellowships in recognized subspecialties that are directly associated with an ACGME-accredited residency or fellowship, but not independently accredited by ACGME through June 30, 2003. Additionally, DOS has clarified that ECFMG may continue to sponsor individuals in a subspecialty that is recognized by the appropriate Specialty Board of the American Board of Medical Specialties (as evidenced by a letter from the Executive Director of the appropriate Specialty Board), even if that subspecialty is not accredited by ACGME.

Finally, you may be interested in trend data regarding ECFMG certification and USMLE takers. As with CSA examinees, the number registering for USMLE and obtaining ECFMG certification increased in 2001. The number of individuals certified by ECFMG in 2001 increased by 15% over 2000. The number of ECFMG registrants in 2001 increased by 8% over 2000.

Thank you for this opportunity to provide this additional information regarding these important issues.

Eleanor M. Fitzpatrick, M.A.
Manager, Exchange Visitor Sponsorship Program
Educational Commission for Foreign Medical Graduates

Dear Editor:
Responding to "Anonymous good European citizen" - if you are married to a USC, he/she should check into the possibility that you two may be able to file a one-step petition which includes an I-130, an I-485 adjustment to permanent resident with an I-601 waiver of inadmissibility ground based on extreme hardship to a USC. If you hired and paid a paralegal who represented he/she was an attorney, this is practicing law without a license. You should report this person to the State Bar of their state immediately, and to AILA, American Immigration Lawyer's Association for investigation and appropriate action.

"Anonymous" but helpful Immigration Attorney!

Dear Editor:
I have only one question to ask the "Good European citizen" who wrote in on 6/10 and claims to be from a good family with manners, etc. What part of entering the U.S. illegally and breaking the immigration laws of this country are "good manners"? I hope he/she does not think he/she deserves to be here because a lot of money was spent on an unscrupulous paralegal. I also hope he is not expecting 245(i) protection which so many illegals or overstays think they deserve! Good luck in Europe.

J. Seyes

Dear Editor:
San Francisco attorney Charles Wheeler of the Catholic Legal Immigration Network will receive the Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law. Wheeler has been a teacher, writer and attorney all in the name of advocacy for immigrants for more than 20 years. The award, sponsored by LexisNexis(tm) Matthew Bender, is named for the late Daniel Levy of Los Angeles who was a leading national figure in immigration law, publishing and scholarship.

Who: San Francisco attorney Charles Wheeler, Catholic Legal Immigration Network
What: Receives the Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law
Why: Recognized for his legal advocacy on behalf of immigrants
When: Reception and award presentation June 12, 2002. 7:30 - 9 p.m.
Where: San Francisco Hilton & Towers, Plaza Room A 333 O'Farrell Street

Philip J. Romba

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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