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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
September 25, 2000
Contents:
Editor's Comments of the Day
Cases of the Day
Congressional News of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
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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. Correspondence to editor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

David Lazarus's generally informative article "A Question of Fraud: Silicon Valley Pushes for More Foreign Workers Despite Federal Probes," in the San Francisco Chronicle perpetuates a common misconception about the labor certification process leading to a green card. The green card process through labor certification is based on what the person will do at the time the petition for permanent resident status is approved-not what the person does while the process is going on. The article states, "the procedure for obtaining a green card requires that the applicant remain on the payroll of a single employer. If the applicant switches jobs, he or she falls to the bottom of the queue." This is factually incorrect. A company can petition for someone who is not even in the US as a way for that person to obtain an immigrant visa to enter the US and work for that company. There may be practical considerations which bind an employee to an employer. A company may not want to continue with the green card process if an employee leaves, but it could do so under the law as long as the employee intended to return at the time the green card petition was approved. Realities of business may dictate that an employee work for the company while the process is going on, but there is nothing in the law which requires this.


Cases of the Day

[You need Acrobat to read these files]
Alien Not Entitled to Pro Bono Counsel
In Herrera v. INS, No. 00 Civ. 6158 (AKH) (S.D.N.Y. Sept. 19, 2000), the court rejected Petitioner's arguments that he should have had the benefit of pro bono counsel and that at the time of his conviction for a controlled substances offense he could have applied for a waiver of deportation, and dismissed the petition for a writ of habeas corpus.

District Court Dismisses Habeas Petition
The court in Johnson v. Vomacka, No. 97 5687 (TPG) (S.D.N.Y. Sept. 20, 2000), dismissed the petition for habeas corpus finding that the Petitioner had the right to be represented by counsel and to have his family appear to present evidence in his favor and the Immigration Judge had allowed ample opportunity for the Petitioner to obtain counsel and present witnesses.


Congressional News of the Day

Sen. Leahy Urges Action on Visa Waiver Pilot Program
Sen. Leahy urged the Senate majority to lift their hold and pass H.R. 3767, the "Visa Waiver Permanent Program Act," which would make the Visa Waiver Pilot Program permanent.

Sen. Kennedy Speaks on H-1B Bill and "Latino and Immigrant Fairness Act of 2000"
During floor debate in the Senate, Sen. Kennedy contributed remarks on S. 2045, the "American Competitiveness in the Twenty-first Century Act of 2000," and S. 2912, "Latino and Immigrant Fairness Act of 2000."

Statements From Oversight Hearing on DOJ's Inspector General's Report
The House Committee on the Judiciary held an oversight hearing on September 21, 2000, on the Department of Justice Office of Inspector General's September 2000 Report titled, "An Investigation of Misconduct and Mismanagement at ICITAP, OPDAT, and the Criminal Division's Office of Administration." Statements were made by Chairman Hyde, Eric Holder and Glenn Fine.(Long Download)

Oversight Hearing on "Serious Human Rights Abusers Accountability Act of 2000"
On September 28, 2000, the House Committee on the Judiciary, Subcommittee on Immigration and Claims, will hold an oversight hearing on the "Serious Human Rights Abusers Accountability Act of 2000."


Immigration News of the Day

A Question of Fraud: Silicon Valley Pushes for More Foreign Workers Despite Federal Probes
The San Francisco Chronicle reports that the INS and the Department of Labor have started nationwide investigations into the hiring of foreign high-tech workers in response to charges of visa fraud and allegations that the practice is riddled with abuse.

Clock Ticks on Guest-Worker Bill in House
According to Sacbee.com failure to close a deal now on the guest worker bill could throw the amnesty and guest-worker discussions back to square one when the new Congress and president take office in January.


ILW.COM Highlights of the Day

Considering Immigrating to Canada?
Send your question via email to attorneys based in Canada or find more immigration information.


ILW.COM Chats and Discussions of the Day

Chat with Attorney Karen Meade
Chat with attorney Karen Meade on Monday, September 25, 2000, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes prior to the start of the chat.


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