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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
October 6, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
INS News of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
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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

There has been a real flurry, or rather a blizzard, of end-of-session activity in Congress. The legislators have rushed to introduce and take action on immigration matters which have been stalled for months. It is easy to be caught up in the excitement of bills being passed. Regardless of what bills Congress passes and the President vetoes or signs into law, immigration is about people's lives. More fundamental than the laws regulating immigration are the forces which compel people to leave their families and homelands to move to another country and the challenges they face in doing so. If the laws where what really mattered there would not be millions of people in the United States without having been legally admitted. With Immigration Daily we address issues of immigration law. In Immigrant's Weekly we cover the immigrant experience. Share the reasons that made you decide to move to a new country, what you expected it to be like and what it was actually like, how you adapted to new foods, new friends and a new culture. Write to editor@ilw.com.


Federal Register News of the Day

Bureau of Educational and Cultural Affairs Request for Proposals: Future Leaders Exchange Disability Reentry Workshops
The Bureau of Educational and Cultural Affairs announces an open competition for the Future Leaders Exchange (FLEX) Disability Reentry Workshops. Public and private non-profit organizations may submit proposals for the conduct of special year-end reentry workshops for students with disabilities participating, respectively, in the 2000/01 and 2001/02 FLEX programs. Programs must comply with J-1 visa regulations.

Request for Proposals for Fulbright American Studies Institutes for Foreign University Faculty
The Bureau of Educational and Cultural Affairs announces an open competition for four assistance awards given to public and private non-profit organizations that develop and implement one of four post-graduate level American Studies J-1 programs designed for multinational groups of experienced foreign university faculty and educators.


Cases of the Day

Court Holds Visa Improperly Revoked
In Noh v. INS, No. 98-7098 (9th Cir. Oct. 5, 2000), the court found that it was not within the discretion of a consular officer to revoke a visa on the basis that it was "illegally obtained." The Immigration Judge (IJ) determined it was unclear what was meant by "illegally obtained," and though Petitioner bore the burden of establishing his admissibility, to require him to explain what the government meant by "illegally obtained" would be to reward the government for being unclear.

Attempted Possession of Stolen Property is an Aggravated Felony
[You will need Acrobat to read this file]
The Board of Immigration Appeals (BIA) in In re Awat Mengisteab Bahta, No. 3437, (BIA Oct .4, 2000) concluded that the Respondent's conviction for attempted possession of stolen property in Nevada constituted a "theft offense" under the definition of aggravated felony and found the Respondent subject to removal. The dissent argued that the majority's interpretation of "theft offense" erroneously treats any conviction relating to stolen property as a theft offense.


Congressional News of the Day

Rep. Clayton Faults Quick Passage of H-1B Bill
Rep. Clayton states there should have been discussion and the opportunity for amendments before House passage of S. 2045, the H-1B bill.

Rep. Jackson-Lee Criticizes Lack of Discussion
Rep. Jackson-Lee criticizes the lack of discussion on the H-1B bill, faults the lack of protection for US workers and praises the PowerUp program

Rep. Kennedy Speaks in Favor of H-1B Bill
Rep. Kennedy speaks in favor of an increase in the number of H-1B visas and urges passage of S. 2045, the H-1B bill.

Rep. Blumenauer Praises H-1B Bill
Rep. Blumenauer praises the increase in the number of H-1B visas and asks for an increase in the education and training fee to $1000.

Committee on Immigration and Claims to Consider Subpoena
The House Committee on the Judiciary, Subcommittee on Immigration and Claims, is scheduled to meet Thursday, October 5, 2000, to consider the issuance of a subpoena duces tecum requiring the INS to provide Congress with a report on illegal immigration statistics.

Smith Introduces Immigration Bills
Rep. Smith Introduces H.R. 5377, a bill to extend the limitation on waivers granted under section 212(h) to aliens unlawfully present the US, H.R. 5378, a bill to clarify the special rule relating to continuous residence or physical presence, and H.R. 5379, to clarify the provisions applicable to arrest, detention, and release of criminal aliens pending removal decisions.

Sen. Dodd Added as Cosponsor to Immigration Bills
Sen. Dodd was added as a cosponsor to S. 2912, the "Latino and Immigrant Fairness Act of 2000," S. 3068, the "Latino and Immigrant Fairness Act of 2000," S. 3095, the "Latino and Immigrant Fairness Act of 2000," and S. 3120, the "Immigrant Fairness Restoration Act of 2000."

Message from House Regarding Passage of H-1B Bill
A message from the House states that it passed without amendment S. 2045, the H-1B bill.

Executive Communication to Senate
The INS has sent to the Senate Committee on the Judiciary a copy of the Final Rule on Landing Requirements for Passengers Arriving From Cuba.

Executive Communication on Cuba
The INS has sent to Congress a copy of the Final Rule on Landing Requirements for Passengers Arriving From Cuba.


INS News of the Day

EOIR Opens Virtual Law Library
The Executive Office for Immigration Review (EOIR) announced today the opening of its Virtual Law Library (VLL) on its Web site at http://www.usdoj.gov/eoir. It contains information to assist students and practitioners of immigration law.


Immigration News of the Day

US to Accept .6M Skilled Immigrants
An article in the Manila Times reports that the quick Congressional action after nine months of jockeying fulfills an election-year promise by both Democratic and Republican leaders to a high-tech sector that is increasingly flexing its political muscle through lobbying and campaign donations to both parties.


ILW.COM Highlights of the Day

California Processing Times
Read the latest California Service Center Processing Times


ILW.COM Chats and Discussions of the Day

Special Chats!
On Wednesday, October 18, 2000, at 9:00 p.m. Eastern (New York) time Linda Dodd-Major, Acting Director of DOJ/INS Office of Business Liaison, will answer questions on employment- based immigration. Canadian immigration attorney Catherine Kerr will answer questions on Wednesday, November 1, 2000, at 9:00 p.m. Eastern (New York) time. Mark your calendars now.


Letters to the Editor

The letter below is in response to a letter from Professor Norman Matloff that appeared in yesterday's issue of Immigration Daily

Dear Editor:
Professor Matloff neglects to mention an important provision of the new H-1B bill that guarantees the very kind of job mobility normally provided only through green card status. Indeed, it was the absence of such freedom of movement that prompted the critics of the H-1B program, such as Professor Matloff and Paul Donnelly, to brand it as "indentured servitude." Section 106 of the American Competitiveness in the Twenty-First Century Act of 2000 amends Section 204 of the Immigration and Nationality Act to provide that, once an adjustment of status application has been on file for 180 days or more, the individual can change jobs or employers without losing the validity of the immigrant petition or labor certification so long as the shift is to the same or similar occupation. This is genuine freedom of movement that gives H-1B workers the kind of protection they have never before enjoyed. Now they can take advantage of the 25% job vacancy rate for Web designers or the 13% vacancy rate for jobs requiring a background in computer science or the 3,500 openings right now for technical positions at Microsoft. This is real freedom and Professor Matloff should have the intellectual honesty to join with us on the other side of the H-1B debate to celebrate its late, but still very important, arrival.

Gary Endelman

Dear Editor,
Please tell me where I could find out what the contents of private bills are. That is, I would like to find out what crime(s) the private bill beneficiary(s) committed.

Elisabeth Ames


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