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Immigration Daily

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Immigration Daily November 20,2002
Previous Issues
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Editor's Comments

ILW.COM is pleased to present a new telephone seminar on cutting edge topics in H-1B practice. The 3-month long seminar course will cover current, leading-edge issues in three broad topical areas:

  • LCA-related matters, especially in light of the recent Matter of DOL v. Kutty.
  • Adjudication-issues at each INS Service Center
  • The H-1B / Labor Certification interface
Led by Cyrus Mehta, this seminar series features distinguished practitioners Robert Divine, Wendi Lazar, Angelo Paparelli, Eleanor Pelta and William Stock as Speakers, with several others to be announced.

The deadline to signup is Wednesday, November 20th, click on the links below for more info.

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


H-1B Seminar Will Cover LCAs, Adjudications And H-1B/LC Issues

ILW.COM's new seminar "Cutting-Edge Topics In H-1B Practice" features Cyrus Mehta, Robert Divine, Wendi Lazar, Angelo Paparelli, Eleanor Pelta, William Stock and other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on November 25: Latest on LCAs: Analyzing DOL v. Kutty

  • Representing an employee who is not being paid the required wage
  • DOL assessment of back wages and other penalties
  • Deducting Attorney Fees from the required wage
  • When can firing constitute retaliation under the "whistleblower" protections?
  • Benching: Maternity Leave vs. Lack of a License
  • Understanding actual vs. prevailing wages
  • Best practices on developing the public access file

SECOND Phone Session on December 19: H-1B Adjudications at INS Service Centers

  • Responding to the dreaded RFE
  • Problematic Occupations: Marketing Analyst, Nurse Supervisor, etc.
  • Best practices for obtaining a credential evaluation
  • AC21 portability and gaps in employment
  • Representing the terminated H-1B employee in maintaining status
  • Representing the H-1B employer in financial difficulty
  • Tolling 6 year limit for time not spent in the US

THIRD Phone Session on January 24: Achieving Consistency between H-1B and Permanent Residency

  • Holistically planning the case from H-1B to Permanent Residency
  • Ethical issues arising out of dual representation and what to do when a conflict arises
  • Achieving consistency in work experience equivalencies for H-1Bs and EB-3s
  • Prevailing wage issues in the H-1B and Labor Certification
  • 7th year H-1B extensions vs. concurrent filing of I-140 and I-1485
  • Maintaining H-1B status vs. AOS portability with an EAD

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

Featured Article

Special Alerts On Post-September 11 Dangers
Bruce A. Hake and Joseph J. Kranyak write about post-9/11 changes to the immigration laws and give practical suggestions.

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:

Immigration Law News

EOIR Suspends 5 Immigration Attorneys
The Executive Office for Immigraton Review took disciplinary action against five attorneys; three received final orders; two received immediate suspension.

White House Reaffirms Commitment To Mexican Migration Reform
In answer to a reporter's question at a White House press briefing, Scott McClellan said "well, certainly, a safe, orderly, humane migration remains a priority for this administration. And we remain committed to working with Mexico through our high-level working groups to move forward on those issues related to a safe, orderly and humane migration."

Bill Transfers Responsibility Of Unprotected Alien Children Away From INS
The Senate debated a bill containing the transfer of authority over the care and custody of unaccompanied alien children to the Office of Refugee Resettlement within the Department of Health and Human Services. During the debate, Sen. Feinstein (D - CA) said, "...the federal government has a special responsibility to protect the children in its custody. For too long, the [INS] has not lived up to that responsibility. The children's provisions in this legislation is an important first step in correcting decades of questionable practices with regards to children that come under the agency's watch."

Congress's Debate On The Bill To Abolish The INS Comes To A Close
Congress closed its debate on the Homeland Security Bill of 2002 including its immigration law provisions. Sen. Thomas (R - WY) said, "... we have been on this measure, I understand, now for about 7 weeks, and we are still not finished--a bill that needs to be finished. It needs to be there for security. Yet we continue to debate and worry over issues that are not as significant as the passage of this bill. I hope we are getting closer to passing a homeland security bill. It is our responsibility to do that. I am almost embarrassed that we are not.''

Sen. Dorgan Upholds Civil Liberties During War On Terrorism
During a debate in the Senate, Sen. Dorgan (D-ND) said, "... You have all of these people around the country--law enforcement officials--who are actually the first line of defense and the first responders in the event something happens. And they are out there stopping people with traffic stops and stopping suspicious people who are driving automobiles without license tags, and so on. They don't have any idea whether someone they have just stopped is a known terrorist on a watch list prepared by the State Department and given to the Immigration Service and given to the consular offices. Why? Because they currently have no mechanism to access it." and " We ought to have a war on terrorism. But we ought not, in our zeal to engage in this war on terrorism, in any way break down the basic civil liberties that exist in our Constitution."

DOS Issues Terrorist Exclusion List Fact Sheet
The Department of State issued a terrorist exclusion list designating terrorist organizations for immigration purposes.

Changed Conditions In Kosovo Do Not Pertain To Greater Serbia
In Stojkovic v. INS, No. 02-1479 (3rd Cir. Nov. 18, 2002), the court said that the Petitioners' claim was not exempt from the Lozada procedure, and they did not notify their former counsel as to their claim of ineffective assistance, nor did they file a complaint with the appropriate disciplinary authorities, nor did they offer an explanation for their failure to do so, and said that changed conditions in Kosovo were not relevant to their asylum claim since they had last resided in a different part of Serbia.

New York Knowing Possession Of Stolen Property Is Aggravated Felony
In Williams v. INS, No. 02-1530 (3rd Cir. Oct. 29, 2002), the court said that Defendant's New York conviction of knowing possession of stolen property was a theft offense in a broad reading of 8 USC 1101(a)(43)(G), and thus an aggravated felony.

No Relief Where Prejudice Not Shown From BIA's Streamlined Review Procedure
In Kouyate v. INS, No. 02-1531 (4th Cir. Nov. 18, 2002), the court said that the Immigration Judge's credibility determinations were entitled to substantial deference and said that Petitioner failed to establish prejudice from the Board of Immigration Appeals's use of the streamlined review procedure at 8 CFR 3.1(a)(7) and hence she was not entitled to relief.

Eligibility For 212(c) Relief Does Not Warrant Due Process Protection
In US v. Lopez-Ortiz, No. 01-21264 (5th Cir. Nov. 18, 2002), the court held that because eligibility for 212(c) relief is not a liberty or property interest warranting due process protection, the Immigration Judge's error in failing to explain Defendant's eligibility did not rise to the level of fundamental unfairness.

Analysis Of Failed 2001 Mexico-US Immigration Talks To Pave Way For Success In 2003
The San Diego Union Tribune reports that Presidents Bush and Fox "failed to grasp complexity of immigration issue."

Primary Challenge To Rep. Tancredo Likely In 2004
An opinion column in Rollcall says a 2004 primary challenge is likely for Rep. Tancredo (R-CO) who "has angered leading Republicans back home and in the White House."

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:


Help Wanted - Immigration Attorney
The Law Offices of Margaret Wong & Associates, LPA seeks an experienced immigration attorney with 3 - 5 years of experience to join its thriving boutique immigration law practice located in downtown Cleveland, OH. Founded over 20 years ago, the firm now consists of 6 attorneys and 40 other staff members. We offer a challenging and exciting work environment and seek a candidate possessing a keen legal mind. Research and drafting skills are a must. If interested, please submit a resume and cover letter via email to or fax to 216-566-1125. No phone calls please.

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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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