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Immigration Daily

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Immigration LLC.

Immigration Daily February 24, 2003
Previous Issues
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Editor's Comments

Doctors, Nurses, And Other Healthcare Professionals

In the current sluggish economy, healthcare is one of the few booming sectors, with an acute need for qualified labor. As the baby boom generation continues to age, healthcare immigration will likely be the hot area of immigration practice for the coming years. ILW.COM is pleased to announce a new telephonic seminar series "Representing Doctors, Nurses And Other Health Professionals - New Issues For New Times." This seminar offers you an opportunity to learn about the latest developments in this lucrative field of practice. See the links below for detailed information on this seminar teleconference series, which you can attend from the privacy and comfort of your office.

This seminar will feature distinguished speakers with expertise in this area of practice (some speakers still to be announced):

  • William Stock - a co-author of the J Visa Guidebook published by Matthew Bender/Lexis-Nexis, member of the Editorial Boards of Bender's Immigration Bulletin and Bender's Labor and Employment Bulletin, Associate Editor of AILA's Immigration and Nationality Law Handbook.
  • Sylvia J. Boecker - the author of many articles on immigration issues for nurses.
  • Carl Shusterman - has chaired numerous AILA Committees, spoken at dozens of AILA Conferences and has contributed a number of scholarly articles to AILA's publications.
  • Greg Siskind - a co-author of the J Visa Guidebook published by Matthew Bender/Lexis-Nexis.
The seminar series will also feature a roundtable with Educational Commission for Foreign Medical Graduates (ECFMG) and CGFNS (Comission on Graduates of Foreign Nursing Schools) with distinguished representatives from both these institutions.

The deadline to sign-up for this series is Tuesday, February 25th. Don't delay! Check out the links below now.

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.


Registration Deadline Is February 25th!

The deadline to register for ILW.COM's new seminar series "Representing Doctors, Nurses And Other Health Professionals - New Issues For New Times" is Tuesday, February 25th. The curriculum for this seminar series is as follows:

FIRST Phone Session on February 28: Current issues in physician immigration

  1. Waiver options for international medical graduates
    • Current status of the State 30 waiver program
    • Goodbye USDA, hello HHS: federal shortage waivers
    • The elusive VA waiver
    • Dealing with changes in employment
  2. Other issues for immigration physicians
    • The NIW for underserved area: updates from the lawsuit
    • Labor certifications - for residents?
    • Restrictions on O-1 eligibility for clinicians
SECOND Phone Session on March 28: Current immigration issues for allied health care workers
  1. How do I recruit nurses?
  2. Nurses and H-1B's - Doesn't the INS allow that now?
  3. Nurses for shortage areas (or does H-1C really work?
  4. Dentists, chiropractors and others called "Doctor"
  5. Pharmacists
  6. PTs, OTs, and other therapists
  7. Medical technologists
  8. Specialty Occupation issues for allied health professionals
  9. What's this "Visa Screen" anyway?
  10. Permanent residence isues and options
THIRD Phone Session on April 28: Roundtable with ECFMG and CGFNS

  1. Role of credentialling agencies in health care immigration
  2. Testing and timeframes
  3. Guiding applicants through the process
  4. Participation guidelines for ECFMG programs
  5. CGFNS: it's not just nurses anymore
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

The H-1B Series: Part 6 of 6 (Encore)
George N. Lester IV offers Part 6 of his comprehensive look of the H-1B program.

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

Immigration Judge Sworn In New Orleans
The Department of Justice issued a news release stating that Judge Houser took an oath of office, joining the ranks of more than 200 immigration judges throughout the nation. Judge Houser was appointed as an immigration judge in April 2002.

DOS Says Special Registration Is Part Of System To Track All Visitors
The Department of State issued a press statement on the Deputy Secretary's meeting with Indonesian delegation. During the meeting, Deputy Secretary Armitage explained that the Registration System was only one component of [the] efforts to implement a system to track visitors from all countries.

Offenses That Address Different Societal Interests Cannot Be Grouped
In US v. Perez, No. 02-3369 (8th Cir. Feb. 21, 2003), the court said that Defendant's conviction for illegal reentry after deportation and possession of a firearm by an illegal alien were two separate offenses that addressed different societal interests, and as such, could not be grouped for sentencing purposes.

Collateral Attack On Underlying Deportation Order Requires Showing Of Actual Prejudice
In US v. Mendoza, No. 01-51147 (5th Cir. Feb. 20, 2003), the court addressed the Defendant's challenge of his underlying deportation order in his trial for illegal reentry and said that his extensive criminal record and evidence of immoral character would have likely precluded him from obtaining 212(c) discretionary relief, and thus, he failed to show actual prejudice. The Defendant had argued that in light of all his guilty plea and the Supreme Court's later opinion in St. Cyr, he should have been permitted to withdraw his plea.

Parties Did Not Agree On Aggravated Felony Stipulation
In US v. Arreguin, No. 02-1809 (3rd Cir. Feb. 14, 2003), the court said that no agreement existed between the parties as to whether Defendant's prior conviction of terroristic threats was an aggravated felony under 8 USC 1326(b)(2) or whether it occurred in fact.

INS Uniforms Made In Mexico, INS Staff Reportedly Unhappy reports that the uniforms of the INS's Detention and Removal personnel are made in Mexico and that "The officers of the BP and INS are not happy about this."

Immigration Attorney Indicted
The Sun-Sentinel of Fort Lauderdale, Florida reports that a local immigration attorney "was indicted Thursday by a federal grand jury in Miami on 11 counts of conspiring to make false representations in INS petitions."

INS Does Not Give US Citizens Chance To Prove Citizenship In Large Raid In Utah, Motive For Raid Is To Create Job Opportunities For American Workers
The Deseret News of Deseret, UT reports on the large INS raid on a Safe manufacturing facility in Utah: "The raid in Provo sparked immediate complaints from friends and family of the plant's workers. They said U.S. citizens and documented resident aliens were handcuffed and forced to board an INS bus without a chance to prove their citizenship. Brandy Jenkins, Provo, was furious to find out her boyfriend was detained. "I mean, he's a U.S. citizen," Jenkins said. "He was born in Chicago." Because he left his wallet inside his car, he had no proof of citizenship when agents raided the plant. "It's ridiculous," she said, "I mean, I didn't know you had to go to such great lengths to prove you're a citizen." As to motive for this raid, the paper quotes INS spokeswoman Nina Pruneda-Muniz "There will be several opportunities for U.S. citizens and authorized workers to seek job opportunities with the company now."

15 US Residents Released After Being Taken Into Custody Because INS 'Suspected' They Were Here Illegally
Reporting on the large INS raid in Utah, the Casper Star-Tribune of Casper, WY quotes the attorney for the employer "the INS released about 15 workers later Wednesday after they were able to prove they were legal residents." The newspaper also quotes the owner of the manufacturing facility saying ''We had Hispanic employees thrown up against buses, and pulled off the toilet before they could finish their business ... I am outraged that a government of the people would allow this kind of behavior by government officials."

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Evaluation And Translation Services
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Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients?
USADWEB, LLC is the premier ad agency designed with the immigration attorney's needs in mind. Our job is to make your job easier. Our knowledgeable staff has experience with all types of recruitment media including newspapers, journals, Internet, college recruitment and more. We will provide you with expert guidance on placing advertisements and the lowest costs available from any publication. We offer one stop service and accountability for the entire advertisement recruitment effort. Our job is done only when we have mailed your client's tearsheet or affidavit to you. You can leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: We will help you establish a recruitment pattern that is acceptable to the Department of Labor (DOL). Simply describe your advertisement needs to us, and we will work hard to satisfy those needs. We offer a wide range of services and bring to the table expert knowledge in DOL compliant advertisement. We work with you to help assure your certifications. Have you been asked to re-advertise based on industry layoffs? With only 35 days to respond to the DOL, you need tearsheets quickly. We make these situations simple and easy for you by providing prompt, efficient service and aggressive follow-up with publications to help ensure you get what you need to complete your case in timely fashion. Regular Labor Certification (RLC) Advertisements: Labor issues are constantly changing. With layoffs prevalent in many industries, many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing SWA (SESA) advertising instructions and placing advertisements. We will proofread your advertisements and place them promptly in the next available publication as SWA instructed. Give us a chance to handle your clients' recruitment needs. We will impress you! Please visit our website at: For more information, please contact us via email at: or call us at 1-866 USADWEB (1-866 872-3932).

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

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Letters to the Editor

Dear Editor:
In response to Mr. Alexanders letter that TPS is some sort of mini-amnesty, I have to say that is completely inaccurate. Anyone who is an immigration attorney knows that TPS is for people from places that are devastated by some event. Once the US government determines that the area is no longer a hazard to human life TPS ends. TPS is a humane gesture to people in need.

Chicago, IL

Dear Editor:
Thank you for highlighting, and providing a link to, Santiaga v. Sun Microsystems in your February 21 Immigration Daily issue. However, in fairness to Mr. Hethman, the decision says (at p.3) that he withdrew as counsel, at the Complainant's request, the morning of December 17, before the hearing was concluded..

Leslie K. Dellon
Washington, DC

Editor's Note: ILW.COM thanks our eagle-eyed reader for pointing this out.

Dear Editor:
Not satisfied with misrepresenting the immigration law, Ali Alexander in his Feb. 21 letter is now rewriting your excellent editorial piece on the unreality of our immigration law to suit his favorite theme that illegal immigrants are bad law-breakers who had a legal choice. He claims ILW.COM said that the problem is, in his terminology, the "legal avenues are overwhelmed," when you pointed out that for many immigrants, legal avenues are absent. There is not even a queue to get in. People granted TPS or allowed to apply for legal status in the US under 245i are not taking anything away from the family members waiting in the long lines outside the US based on the existing numerical limits. The limits are current for all employment-based categories. INS fees pay for the processing of the applications, and INS can add staff as numbers of applications increase. I don't see Mr. Alexander's letter recommending that the quotas for family members be increased to promote family reunification. If Mr. Alexander just thinks there are too many immigrants, period, and there should be no more avenues to gain legal status, he should say so, instead of misrepresenting the law.

Responding to Alexander's Feb. 20 letter, I see he is again saying that the "illegal workers" are only undocumented because they and their employers fail to follow available legal means. He claims to be knowledgable about "immigration issues and policy." He implies he knows the law when he condemns the unfortunate as just not being law-abiding. For example, the high school graduate whose parents brought him here as a child is not to blame for his undocumented status. He is also not eligible for H-2A, H-2B or employment-based green cards under our current laws. The employer who wants to help will find there is no legal avenue for this ordinary scenario. If Mr. Alexander agrees with today's laws, that is his privilege. However, he should not misrepresent their impact on people.

Eleanor Kaplan Adams, Esq.
San Diego, CA

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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