A Note from the Editors:

In an article this week, Jose Latour writes "the INS is sitting under mountains of change-of-address cards, to the tune of some 700,000 with more pouring in by the thousands daily. The cards are under storage in Washington D.C. with absolutely no foreseeable solution in sight." He reports "According to a recent USA Today article, INS spokesman Russ Bergeron says that the agency has received up to 30,000 change-of-address notices a day. Before Mr. Ashcroft had his brilliant idea, the INS received about 2,800 notices per month, based on the requirement imposed by the 1952 law." He concludes "The problem with the change-of-address requirement is that even if these 30,000 forms per day could be input by an army of dedicated new workers tasked only with that responsibility, so what? What kind of logical correlation is there between this and the "Mohammed Attas" of the world? Would Mr. Atta have filled out a change-of-address form indicating that he was discontinuing his flight school training or moving from one apartment to another because of his plans to fly a U.S. airliner into the World Trade Center? Once again, the correlation between reflexive reactions to our national fears and sheer logic are miles apart, all at the hands of an administration with far more power than intelligence."

Articles

H-1B Series: The Labor Condition Application - Part 2
George N. Lester IV continues a discussion of the Labor Condition Application

Pharmacists Licensing Requirements By State
Gregory Siskind and Karen Weinstock provide a state-by-state listing of Pharmacists' licensing requirements.

INS Under Water Again: Change Of Address Cards Flood The Agency
Jose Latour writes "According to a recent USA Today article, INS spokesman Russ Bergeron says that the agency has received up to 30,000 change-of-address notices a day. Before Mr. Ashcroft had his brilliant idea, the INS received about 2,800 notices per month, based on the requirement imposed by the 1952 law" and asks "Would Mr. Atta have filled out a change-of-address form indicating that he was discontinuing his flight school training or moving from one apartment to another because of his plans to fly a U.S. airliner into the World Trade Center?"

Rep. Gephardt Statement On Legalization
Rep. Gephardt (D-MO) provided a statement on legalization for millions of undocumented immigrants detailing the criteria for eligibility and also stating that the Democrats' proposal would "remove the immediate relatives- spouses, unmarried minor children and parents - of US citizens from the worldwide cap."

Rep. Tancredo Is Alien From Another Planet Implies Denver Mayor
The Rocky Mountain News reports Rep. Tancredo (R-CO) wants the INS to have a bus outside the Mexican consulate and deport any undocumented immigrants who may be waiting in lines outside the consulate. Reacting to this, Denver's mayor said "What kind of bizarre Tom Tancredo planet is he living on?"

INS Commissioner Says Millions Of People Cannot Be Deported
The Washington Times reports on a speech by INS Commissioner Ziglar and says "He believes there are not enough resources at INS, the FBI or any law enforcement agency to round up millions of people and order them deported, so the country has to find a way to deal with the problem."

DOL Slams Employer With $1 Million Plus In Back Wages And Civil Penalties And Holds Employer Personally Responsible In Landmark LCA Administrative Decision
In the Matters of Wage and Hour Division v. Mohan Kutty, Nos. 2001-LCA-00010 through 2001-LCA-0025 (OALJ, Oct. 9, 2002), the Office of Administrative Law Judges said that the Employer was liable for back wages for over $1 million and for civil money penalties over $100,000; and said that the obligation to pay the employee doctors arose when their H-1B visas were approved without regard to the status of their credentials and that even if they could not treat patients while they were awaiting their credentials, they should have been paid anyway; and said that including J1 waiver fees and costs as employer expenses was within the Secretary's discretion; and said that nothing in the regulations suggested that an employer was free to pay less than the prevailing wage while a new business was establishing itself; and said that the Employer's failure to read the Labor Condition Applications (LCAs) was not a defense; and said that the Employer admitted that he knew he was not going to pay the employees the amounts listed in the LCAs, and said that he showed reckless disregard of the requirements of the Immigration and Nationality Act when he failed to read forms he was signing; and said that the civil money penalties assessed by the Administrator were eminently reasonable since the violations were serious and pervasive and since the potential adverse effects on the employees in terms of both financial loss and threatened deportation were extensive; and said that the corporate entities were a sham and piercing the veil was necessary to do justice for the H-1B employees; and said that the Employer should be held personally responsible for the violations.

Sweeping Immigration Reform Promised In Next Congress
The Times-News of Twin Falls, Idaho reports Sen. Craig (R-ID) supported legalizing the undocumented saying "With the new Congress I am confident we will pass sweeping reform in immigration law."

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

Nurse Shortage Reaches Crisis Level
United Press International reports "Nurses are getting older and there are fewer of them, leaving patients and hospitals in serious trouble as a work shortage reaches a crisis level in American hospitals."

INS Proposed Final Rule - Further Restrictive Credentialing Requirements For Certain Health Care Workers
Frieda Wong and Bernard P. Wolfsdorf write "The proposed INS rule will make it even more difficult to obtain nonimmigrant visas for otherwise qualified international health care workers many of whom have been able to work in the United States based on interim or full U.S. state licensure or licensure in their home countries."

Border Patrol Rescues 51 Immigrants
INS issued a press release stating "Fifty-one undocumented aliens locked in a trailer were rescued late Tuesday night when agents from the Laredo North Border Patrol Station discovered them during an inspection at a checkpoint on I-35."

California County Approves Undocumented Immigrants' Use of Mexican ID As Valid ID
The Ventura County Star reports that the Board of Supervisors of Ventura County approved the use of "matricula consular" or identification cards issued by consulate offices to Mexican nationals as ID to give more access to services such as library cards, marriage certificates, and business licenses to both legal and illegal immigrants.

Secretary Powell Alludes To Immigrant Parents And Says Immigration Is Part Of The American Experience
In remarks with Mexican Foreign Secretary Jorge Castaneda, Secretary of State Powell said "America is a nation of immigrants – my parents were immigrants. We are enriched by immigrants. We could not survive without immigration, and so we want to remain a society that is open, a society that encourages people to come, to visit, to perhaps live for the rest of their lives in the United States, to become Americans, or to come and enjoy and earn a living for a while, and then return to your country. This will never be far away from our whole national purpose. It’s part of our being – immigration and people coming and living in our country and finding new lives in our country is part of our total experience."

Demographics Trends: A Fundamental Force For Election 2002
United Press International reports that demographic changes due to the overall impact of immigration will be crucial for the upcoming election.

ILW Highlights

Processing Times

Check out latest Processing Times for:
Vermont, Nebraska, Texas, California , Missouri Service Centers
Family, Employment and Diversity (DV) Visa Categories for Department of State
Labor certification applications

Letters to Editors

To write to Editor, send email to weeklyeditor@ilw.com.

None this week

Immigrant Life

This site......

"I am not TB, but really this site disappoints me. It looks like 99% of the questions belong to illegal immigrants.

Immigrants that lied when they entered to the country. People that overstay their visas. People that don’t pay taxes and use the resources that people like me are supporting. With the taxes that I pay for a full year I can buy a brand new mid-size car. It is not fair that those people are using the schools, highways, etc. You can tell when an illegal immigrant is driving on the freeway... usually an old car at no more than the speed limit (they are afraid to get caught). When the get married or there is a new law that allows them to get legal status it is not fair, it is like a reward for their lies, their tax evasion, that really sucks. Most of them don’t even speak English; and there are people like me with a B.S. that need to go over a very long and expensive process to get a permanent residency, and we can not expect any law to help us to accelerate the process. It is not fair at all." (Post your reply).

This week's chat schedule

When Attorney Monday, October 28 9:00 pm Eastern Time Alice Yardum-Hunter, Esq. Wednesday, October 30 9:00 pm Eastern Time Kevin Dixler, Esq. Friday, November 1 9:00 pm Eastern Time Raj Bhushan, Esq.

Classifieds

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Help Wanted: Legal/Media Administrative Associate
ILW.COM has an immediate, New York City based, full-time opening for a Legal/Media Administrative Associate

What ILW.COM offers:

We offer a unique opportunity to work in an exciting, energetic environment of a small law publishing company which operates one of the most important websites on immigration law in the world. You will learn the skills necessary to launch a paralegal, or media career, and we will provide the requisite web design, computer, and software training required to do the job. ILW.COM team-members enjoy an informal and friendly small-company environment with a casual dress code policy. ILW.COM also provides company paid health insurance. Our office is close to all public transportation and is located in mid-town Manhattan. Our 6 member team represents a wide range of diverse backgrounds in industries ranging from law, programming, and architecture, and we welcome individuals from all backgrounds.

What the job involves:

The job involves providing excellent professional customer service (by phone, email and mail) to our clients who are immigration attorneys, performing basic web design (will train), assisting in marketing/website traffic development, and handling general office work. The job requires 9 hours a day (includes lunch) and the exact hours can be mutually agreed upon, with the occasional overtime.

The right candidate must have the following:

Must have solid communication skills, both speaking and writing (fluency in English is required). The ideal candidate must have basic internet and computer skills (MS Word and Internet Explorer). Candidate must be able to work independently and juggle multiple tasks. Experience is highly preferred but not absolutely necessary.

Interested applicants should kindly send a resume by email to editor@ilw.com.