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Immigration Daily

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Immigration Daily October 10, 2002
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Editor's Comments

Today's Featured Article is by Jennifer Riley, Dan Berger and Stephen Yale-Loehr on "Current Trends in EB-1-2 Outstanding Researcher Cases." The authors write "Many practitioners believe that a successful EB-1-2 case is either (1) an unattainable dream for all but the very best scholars or researchers; or (2) simply a matter of providing any evidence that fulfills any two of the six criteria set forth in the relevant regulations of the INS. The answer lies somewhere in between." The authors "obtained about 40 opinions decided in the past two years (2000-2002) by the INSs Administrative Appeals Office involving appeals of denials of EB-1-2 petitions. These decisions show certain consistent patterns that will assist in deciding whether to use the EB-1-2 category, and in crafting a strong petition." The article concludes "It does appear that the outstanding researcher category may be moving toward a higher standard of review, paralleling similar patterns in national interest waiver and EB-1-1 adjudications in the past." This heavily footnoted article, with a section on Practice Tips at the end, will be useful to practitioners filing petitions for Outstanding Researchers.


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Featured Article

Current Trends In EB-1-2 Outstanding Researcher Cases
Jennifer Riley, Dan Berger and Stephen Yale-Loehr write "It does appear that the outstanding researcher category may be moving toward a higher standard of review, paralleling similar patterns in national interest waiver and EB-1-1 adjudications in the past."

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Immigration Law News

Ashcroft Asks For Local Enforcement Of Immigration Laws Not Just Against Terrorists, But Also Against All Undocumented Immigrants
In remarks at the International Association of Chiefs of Police Conference, Attorney General Ashcroft said that "the assistance of our state and local law enforcement partners will be critical" in the local enforcement of the federal National Security Entry-Exit Registration System.

Assitant Attorney General Applauds Third Circuit Decision On Closed Hearings
In a press statement, Assistant Attorney General McCallum said "Justice Department regulations dating from 1964 have expressly allowed select deportation hearings to be closed to protect public interest, and this authority is an important, constitutional tool in this time of war, when we face an unparalleled threat from covert and unknown foes spread across the globe."

Senators Propose Green Cards For Iraqi Creators Of Weapons Of Mass Destruction
Sen. Biden (D-DE) and Sen. Specter (R-PA) introduced "S. 3079. A bill to authorize the issuance of immigrant visas to, and the admission to the United States for permanent residence of, certain scientists, engineers, and technicians who have worked in Iraqi weapons of mass destruction programs."

DOS Increases NIV/BCC Fees By Over 50% Due To Increased Security Screening Of Visa Applicants
The Department of State promulgated an interim final rule amending "the Schedule of Fees for Consular Services [and raising] from $65 to $100 the fee charged for the processing of an application for a nonimmigrant visa or a combined nonimmigrant visa and border crossing card." The Federal Register Notice notes "the processing of nonimmigrant visa applications has become more labor intensive because of the increased security screening of visa applicants in the aftermath of the September 11, 2001 attacks."

Department of Agriculture Collects Information To Help Determine Immigration Policy
The Department of Agriculture published a comment request on collecting information on wage rate estimates and the year-to-year changes in these rates and how changes in wage rates to help measure the changes in costs of production of major farm commodities. The notice said that farm worker organizations, private and government agencies would use agricultural labor data for the planning and placement of farm workers, in determining immigration policies and to measure the availability of farm workers across the Nation.

DOS NIV Fees Raised
The Department of State issued a Media Note stating "Effective November 1, 2002, the U.S. Department of State is raising the worldwide nonimmigrant visa fee to $100. Currently $65, this application processing fee is charged for all nonimmigrant visa and border crossing card applications."

Decision Not To Depart Not Subject To Appellate Review When District Court Understands Its Authority To Decide
In US v. Galan-Paredes, No. 02-4313 (4th Cir. Oct. 9, 2002), the court said that the district court acted in accordance with the Sentencing Guidelines when denying Defendant's motion to depart downward, and that since the district court clearly understood its authority to depart, its decision was not subject to appellate review.

Sentence Reductions Not Retroactive Under Revision To Sentencing Guidelines
In US v. Sierra-Gutierrez, No. 02-1028 (8th Cir. Oct. 9, 2002), the court said that a court cannot reduce, under 18 USC 3582(c)(2), a previously imposed sentence, consequent to the November 1, 2001 revision to the Sentencing guidelines providing for an enhancement based on the seriousness of the earlier aggravated felony.

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No Right To Attend Deportation Hearings
The Legal Intelligencer reports "The 3rd U.S. Circuit Court of Appeals has ruled by a 2-1 vote that the press and public have no constitutional right to attend the deportation hearings of aliens suspected of having a connection to the Sept. 11 terrorist attacks."

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Help Wanted: Research And Writing Attorney
The Law Office of Martin Resendez Guajardo, San Francisco, California is seeking an experienced attorney to serve as a Research and Writing Attorney in a wide variety of complex immigration litigation issues, in District Court and in the Court of Appeals relating to deportation defense. Excellent academic credentials and at least four years minimum of direct responsible experience in a firm which specializes in immigration law are required. The applicant must be an active member in good standing of the Bar. Salary depends on experience. You must submit a detailed resume with cover letter in order to be considered for this position. You may fax your resume to (415) 398-4862 or forward via E-mail to Applicants are screened based upon their relevant knowledge, abilities, skills, and experience. Due to the volume of applications received, generally, only applicants selected for further consideration and interview will be contacted. No telephone inquiries.

Help Wanted: Immigration Associates
The Law Office of Robert B. Jobe is a nationally-recognized immigration law firm that focuses on asylum and deportation defense. We represent refugees from all over the world seeking safe-haven in the United States. Indeed, through its litigation efforts, our office has defined the contours of asylum law in the western United States. In a series of highly significant precedential decisions, our office established several important principles of law, including: (1) in the absence of evidence showing a legitimate prosecutorial purpose, the courts must presume that a government's harassment of an individual is politically motivated; (2) the presumption of future persecution that arises upon a showing of past persecution can be rebutted only by evidence of changed country conditions; and (3) where the government is the persecutor, a court must presume that the applicant is at risk country-wide. Our five attorneys are supported by a staff of 10 who work in a pleasant, dynamic, and fast-paced environment in downtown San Francisco. For more information about our firm, go to We now have openings for immigration associates for our expanding office. The ideal candidate would: * be a member, in good standing, of the Bar of any state; * have a passionate commitment to immigrants' rights and social justice; * have excellent research and writing skills, strong academic credentials, and an interest in public speaking; * have the ability to meet deadlines and juggle multiple tasks; and * be fluent or proficient in a foreign language. Associate responsibilities include representing clients before the INS, immigration and other courts, preparing clients for interviews and hearings and research/write legal briefs. We offer competitive salaries, medical benefits, a 401(k) plan, and all the coffee you can drink (and muffins you can eat). To apply for this position, please e-mail a letter and your resume to or fax it to 415-358-4716.

Help Wanted: Immigration Associate
One of California's most respected immigration firms seeks an associate with 2 yrs exp in immigration. We require excellent written skills and ability to work independently. We offer excellent salary and benefits package including medical, dental, vision, 401k, long term disability, car allowance, bonuses, 3 weeks vacation to start and a very congenial environment. Check us out at All applications confidential, send resume w/salary history to: HR, 2 N. Lake Avenue, Suite 950, Pasadena, CA 91101.

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Letters to the Editor

Dear Editor:
I am an Immigration attorney. In Immigration Daily's August 22, 2002 issue, I read an article titled State Department Issues Rules For 2004 Diversity Visa Lottery by Greg Siskind and Amy Ballentine. At the bottom of the article, the address to where one would send the letters were printed. However, these addresses are somewhat different from those published by the DOS, i.e., 1001 Visa Crest, 2002 Visa Crest, etc.). Please shed some light on this matter, especially since a wrong address could mean the letter will not be processed. Thank you very much.

Ben Tahriri

Editor's Note: Regarding DV-2004, we carried the following items from the Department of State: The Federal Register Notice, Instructions from the Bureau of Consular Affairs including 22 Q&As, and a Media Note.

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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