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Immigration Daily

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Immigration Daily September 3, 2002
Previous Issues
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Editor's Comments

This month, distinguished practitioners Ron Klasko and Tammy Fox-Isicoff begin an unusual and unusually worthwhile telephone seminar course. Many opportunities exist to ask the INS or the DOL or the DOS for each agency's position on particular issues. However, this 3-part seminar course (Ms. Fox-Isicoff's brain-child) is a rare opportunity to confront three of the most knowledgeable government officials from INS, DOL and DOS in one forum to resolve issues where their respective agencies have taken contrary or inconsistent positions. 30 minutes of each of the three sessions in this seminar course are devoted to Questions and Answers from the attendees. Mr. Klasko, a former national AILA President, is an especially knowledgeable immigration practitioner who generously shares his knowledge with fellow members of the Bar. Both Ron Klasko and Tammy Fox-Isicoff are justly reputed to be incisive and energizing speakers. This promises to be the event of the year in immigration law. Don't miss it! The registration deadline is Thursday, September 5th.

For more info, including detailed curriculum, speaker bios, and registration information online, please click here.
For more info, including detailed curriculum, speaker bios, and registration information by fax, please click here.


Curriculum For Seminar With INS, DOL, DOS

The following is the curriculum for "INS, DOS, DOL - The Search for Consistency"

FIRST Phone Session on September 10, 2002:

DOL/INS Issues
This session will deal with DOL and INS positions on cutting edge issues including:

  • Start date of H-1B employment where issuance of social security number delayed
  • 245(i) grandfathering based on withdrawn or denied labor certification applications
  • Effect of concurrent filing on labor certification substitutions
  • Impact of leaves of absence on H-1B aliens and employers
  • Effect of changes in employer structure, job description full-time status, salary and location of employment on LCA, I-129, ETA, I-140 and I-485

SECOND Phone Session on October (Date TBA), 2002:

DOS/INS Issues
This session will deal with DOS and INS positions on cutting edge issues, including:

  • Child Status Protection Act
  • Concurrent adjustment/consular processing issues
  • Consular readjudication/revocation of INS-approved petitions
  • 3 and 10 year bar waivers
  • Travel by H-1B portable aliens
  • Who is subject to the two-year return requirement?
  • Accompanying or following to join

THIRD Phone Session on November 20, 2002:

  • Summary of DOL/INS/DOS positions on cross-agency issues
  • Practitioner pointers
  • Miscellaneous issues and new developments
Speakers for this seminar will include:

Jacqueline Bednarz, Special Assistant to the Executive Associate Commissioner for the Office of Policy and Planning of the Immigration and Naturalization Service in Washington, D.C.

Steve Fischel, the Director of Legislation, Regulations and Advisory Assistance in the visa office of the Department of State.

Harry Sheinfeld, Litigation Counsel in the Employment and Training Legal Services Division, Office of the Solicitor, at the U.S. Department of Labor.

For more info, including registration information online, click here.
For more info, including registration information by fax, click here.

Featured Article

H-1B Series: More On Making Your Case For An H-1B "Specialty Occupation"
George N. Lester IV continues the H-1B series by presenting more information on specialty occupations.

ABA Series: A Legal Guide For INS Detainees
The Commission on Immigration Policy, Practice and Pro Bono of the American Bar Association provides the 1st of 8 parts of its Legal Guide for INS Detainees.

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

TPS Extended For Burundi And Sudan
INS extended Temporary Protected Status for Burundi and Sudan.

INS Seeks Comments
INS sought comment on sworn statement of refugee applying for admission to the United States, Form G-646.

Only 17% Of Legal Immigrants Are Employment Based
The Office of Policy and Planning at the INS released its Annual Report for Fiscal 2001 which showed, among other things, that "Sixty-four percent of all legal immigrants in 2001 were family sponsored, 17 percent were admitted under employment preferences, 10 percent were admitted as refugees or asylees, and 3 percent were admitted under [NACARA]."

Data On Refugees And Asylees
INS released chapters II and III of its 2000 Statistical Yearbook, giving detailed statistical information on Refugees and Asylees.

INS Data On Temporary Admissions
INS released chapter IV of its 2000 Statistical Yearbook, with a wealth of information on all temporary visa categories including F-1s, H-1Bs, TNs, VWP, etc. Particularly notable is a graph on page 4 chronicling the rise of temporary admissions from less than 8 million per year in the late 1970s to over 30 million per year in the late 1990s - a testament to the jet engine, and the interconnected world we live in. This document is brimming with facts on the nearly 34 million annual temporary admissions to the US.

Adverse Credibility Determination Involving Failure To Evaluate And Discuss Relevant And Potentially Corroborative Evidence Is Reversible Error
In Gao v. Ashcroft, No. 01-3472 (3rd Cir. Aug. 7, 2002, amended Aug. 30, 2002), the court amended its Aug. 7, 2002 opinion where it found that the Immigration Judge (IJ) made an adverse credibility determination without substantial evidence in the record on Petitioner's claim of persecution in China because she was a messenger for (not a practitioner of) Falun Gong, and that the IJ completely ignored highly relevant and potentially corroborative evidence, the failure to evaluate which, and discuss which, was reversible error.

Petition For Review Denied
In Sadiq v. INS, No. 98-1928 (4th Cir. Aug. 30, 2002), the court denied the Petition for Review on the reasoning of the Board of Immigration Appeals.

212(h) Does Not Violate Equal Protection
In Ajetunmobi v. Ashcroft, No. 02-1721 (8th Cir. Aug. 30, 2002), the court considered the Petitioner's argument that 212(h) of the INA violated equal protection by treating illegal aliens better than Legal Permanent Residents and remarked that Congress does not violate equal protection merely because classifications it makes are imperfect or result in some inequality.

House Judiciary Committee Says America Should Not Assume All Legal Immigrants Present A Security Threat
In a letter to the House Select Committee on Homeland Security, the House Judiciary Committee said "Retaining responsibility for immigration services at the Department of Justice, which is responsible for administering immigration benefits, would also ensure the legitimate needs of legal immigrants are not subsumed by the massive size and scope of a Department which would be primarily dedicated to homeland security. It would affirm Americas commitment to welcome legal immigrants to the United States in a timely and professional manner by personnel who will not assume that all legal immigrants present a security threat."

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:

Braceros Lose Lawsuit reports on a lawsuit by braceros seeking backpay and the ruling of the District Court against their claims of about $500 million in unpaid withheld wages.

Attorney Says Latinos Are Not Going Away
Writing in Long Island Newsday, attorney Myrka A. Gonzalez says "It is futile to try to block out the sun with a finger. The Latino population will continue to grow. This country needs and uses immigrant labor, ingenuity and determination. All immigrants share common experiences. Latinos died at the World Trade Center on Sept. 11. The first New York State resident to die during Operation Desert Storm was a Latino pilot, Marine Lt. Manuel Rivera Jr."

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 #.


Help Wanted - Attorney Advisor
The Executive Office for Immigration Review, U.S. Department of Justice, is seeking an individual to serve as Assistant Pro Bono Coordinator (Attorney-Advisor) for the Office of the Deputy Director located in Falls Church, VA. For further details click here.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
How do I get access to the classifieds on ILW.COM? Do I have to become a member? I am a recent graduate of the University of San Francisco School of Law, and I am looking for a job as an immigration attorney. Please let me know what I need to do to view the classifieds on ILW.COM. Thank you.

Mehernaz Hamsayeh

Editor's Note: Immigration Daily carries a classified section in every issue. Help Wanted ads appear therein. For example, today's issue has an ad for an Attorney-Advisor wanted by the Executive Office for Immigration Review. Ads from previous issues can be seen in our archives at

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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