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Immigration Daily

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Immigration Daily October 15, 2002
Previous Issues
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Editor's Comments

ILW.COM is a platform for the exchange of information on immigration law. One of the ways in which we facilitate this information exchange is through our "Chat With Lawyers" section. With three chats most weeks, ILW.COM has more immigration law chat than any website on the internet. Our chats are moderated by an ILW.COM immigration attorney, and permit an audience of about 100-200 to chat with one immigration lawyer in a chat session of one hour. Several ILW.COM member attorneys find chatting an effective way to develop clients. Many attorneys have reported that chatting helped them learn about a broader spectrum of immigrants than typically seen by a law office, and have called it a fun and educational experience. Only ILW.COM member attorneys may chat. To schedule a training session, or to explore whether chat would be interesting for you, please send an email to


Deadline is Thursday, October 17th! "Paparelli on Cutting-Edge Issues in Business Immigration Practice"

The curriculum for the final seminar in "Paparelli on Cutting-Edge Issues in Business Immigration Practice" will include:

  • Defending your H-1B clients in DOL Wage & Hour Audits:
    • Responding to the 29 questions of the typical DOL investigator;
    • Taking curative actions to minimize exposure;
    • Preparing employees for interviews with DOL investigators;
    • Working with employment counsel on overtime and Fair Labor Standards Issues;
    • Reviewing and correcting I-9 files.
  • Immigration Issues in Dealing with the Social Security Administration:
  • Age-Outs in Employment-Based Cases:
    • Reconciling the Age-Out provisions of recently passed statutes (the USA Patriot Act and the Child Status Protection Act [CSPA]).
    • Analyzing and challenging the restrictive interpretations of the State Department's August 26, 2002 cable on the employment-based provisions of the Child Status Protection Act [see:]
    • Waiting for the other shoe to drop: What does the INS say about CSPA?
  • AR-11s and the Aliens' Lament:
    • "It's more than 10 days since I moved: Should I/Shouldn't I Report My Change of Address to the INS"?
    • Advising clients in an era of selective prosecution;
    • Analyzing potential criminal liability and exposure to removal;
    • Evaluating possible affirmative defenses;
    • Deciding on what and when to report (all prior addresses; the current address only; or only the next change of residence)?
Mr. Paparelli reveals hidden subtleties and provides in-depth commentary on many complex issues in business immigration. This seminar course will be fast-paced and full of practical pointers for immigration practitioners. Fortify your knowledge with this seminar. Don't miss it! The deadline is Thursday, October 17th. Register Today!

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

Featured Article

H-1B Series: The Labor Condition Application - Part 1
George N. Lester IV continues the H-1B series by beginning a discussion on the Labor Condition Application.

ABA Series: A Legal Guide For INS Detainees
The Commission on Immigration Policy, Practice and Pro Bono of the American Bar Association provides the 7th 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

IJ Sworn-In In Chicago
The Executive Office for Immigration Review of the Department of Justice announced the swearing in of Jennie Giambastiani as Immigration Judge in Chicago.

DOS Fee Increase To Net $210 Million
In response to a question, a Department of State spokesperson said that the 50%+ increase in NIV fees at US consulates would raise about $210 million in FY 2003.

DOS Document On Refugees
The Department of State issued a lenghty report on Migration and Refugee Assistance for FY 2003.

INS Rule On Identification And Monitoring Of VWP Aliens
INS promulgated a interim final rule which says in its summary "This rule serves to further implement the automated entry and exit control system mandated by section 217(h) and other provisions of the Immigration and Nationality Act by specifying those passenger data elements that must be electronically transmitted to the Immigration and Naturalization Service (Service) by carries seeking to transport Visa Waiver Program (VWP) passengers into and out of the United States on or after publication of this rule. This rule will also ensure that legitimate VWP travel is not disrupted. This rule is necessary for the proper identification and monitoring of VWP aliens."

INS Proposes Rule On Health Care Worker Certification
INS proposed a rule which says in its summary "This rule specifies the organizations already authorized to issue health care workers certificates, and sets up procedures for authorizing additional organizations, including an appeals process in the event that requests for authorization are denied. In addition, this rule proposes to add the requirement that all nonimmigrants coming to the United States for the primary purpose of labor as health care workers, including those seeking a change of status, be required to submit a health care worker certification."

Amount Specified In Plea Agreement Is Conviction Amount Loss To Victim
In Chang v. INS, No. 01-35626 (9th Cir. Oct. 11, 2002), the court held that the amount stated in Petitioner's plea agreement - $605.30 - established that his conviction caused a loss to the victim well below the statutory threshold of $10,000 to constitute an aggravated felony, and held that the Board of Immigration Appeals erred when it relied on the Petitioner's Pre-Sentencing Report to establish a different loss to the victim amount.

Press Question On 9/11 Terrorist Visas
White House Press Secretary Fleischer was questioned on the issuance of visas to some of the 9/11 terrorists.

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:

Rep. Gephardt Proposes Legalization For Undocumented Immigrants Who Have Lived In The US For 5 Years
The Arizona Republic reports on a "measure, introduced by House Majority Leader Dick Gephardt, D-Mo., [which] would legalize illegal immigrants who had lived here for five consecutive years and had worked here at least two years."

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: 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

None today.

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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