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Immigration Daily April 19, 2002
Previous Issues


Editor's Comments

Today's issue of Immigration Daily is full of news, with hopefully something of interest to everyone. Sen. Dodd referred to the undocumented as "an issue that is not going to go away" even as INS conducted sweeps for the undocumented in Colorado, Kansas and Missouri. The Executive Office of Immigration Review released their Statistical Yearbook which is full of interesting information, and also released lists of recognized organizations and accredited individuals. There is much other news from INS, the General Accounting Office, the Centers for Disease Control, Department of State, Congress, and ofcourse the Courts, in addition to a spirited debate in Letters to the Editor. Last, but not the least, Sunday, April 21st is the deadline to sign up for ILW.COM's seminar: "Healthy or Ailing? Immigration for Doctors and Healthcare Workers."


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ILW.COM Focus

Deadline Is Sunday Midnight !

Jan Pederson and Greg Siskind have joined William Stock and Robert Aronson for ILW.COM's seminar: Healthy or Ailing? Immigration for Doctors and Healthcare Workers. The deadline to sign up is midnight on Sunday, April 21st! The seminar outline is as follows:

1. How to Immigrate as a Physician including Credentialing and licensing: What does it take to be a US doctor? (ECFMG, residuary, USMLE); Entering to get credentialed: F Visa - study centers, J Visa - how to get it (no more researcher to doctor switch), H Visa - What's really required to be an H-1B resident, O Visa Can it work for a "training" position?; Permanent Residence Options (or, I've got my license, now what?): Labor Cert, NIW for Underserved area, EB-1 or NIW for high-level clinicians.

2. 212(e) Waivers for Doctors including: What's a HPSA, anyway, and how do I find out if my job is in one?; Which federal government agencies sponsor waiters?; I'm a specialist, where can I go?; State 20 programs; Waiver procedures - nuts and bolts; Interaction of J waiver and NIW for underserved areas.

3. Allied Health Care Workers including: Nurses - the "straight to green card" option; Nurses for shortage areas (or, does H-1C really work?); Dentists, chiropractors and others called "Doctor"; PTs, OTs, and other therapists; Medical technologists; Credentialing and licensing issues; Specialty occupation issues for allied health professionals; What's this "Visa Screen" anyway?; Permanent Residence issues and options

For more info, or to sign up online, click here.
For more info, or to sign up by fax, click here.


ILW.COM Featured Article of the Day

The ABCs of Immigration - E-2 Treaty Investor Visas
Greg Siskind and Amy Ballentine explain the ABCs of Treaty Investor Visas.


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Immigration News

Tax Exempt Federal Bonds For AILA And Other News From Congress
According to the Congressional Record, the House Committee on the Judiciary: Subcommittee on Immigration and Claims approved for full Committee action H.R. 2623, the Posthumous Citizenship Restoration Act of 2001. At the request of Sen. Allen (R-VA), Sen Kerry (D-MA) was added as a cosponsor of S. Res. 185, a resolution recognizing the historical significance of the 100th anniversary of Korean immigration to the United States. In introducing the District of Columbia Tax Incentives Improvement Act of 2002, Rep. Eleanor Holmes Norton (D-DC) mentioned $4.5 million in tax exempt bonds issued by the District of Columbia for the American Immigration Lawyers Association.

Sen. Dodd States Undocumented Issue "Is Not Going Away"
In a hearing before the Senate Subcommittee on Western Hemisphere, Peace Corps and Narcotics Affairs, Sen. Dodd (D-CT) said: "At the core of that agenda [US/Mexican Relations: The Unfinished Agenda] is clearly the issue of immigration. With more than 3 million undocumented Mexican living and working in communities throughout the United States, it is an issue that is not going to go away."

GAO Report On HRIFA
In its report to Congress on the Haitian Refugee Immigration Fairness Act, the General Accounting Office stated that, as of March 31, 2002, INS had approved 7,351 applications out of 36,420 received.

Ziglar Remarks On INS Restructuring
INS Commissioner Ziglar remarked on the recently announced major INS restructuring, calling it "a landmark day in the history of the INS."

EOIR Releases Information Packed Statistical Yearbook
The Executive Office of Immigration Review of the Department of Justice released its Statistical Year Book for 2001. The 48-page Yearbook is full of detailed statistics including, Immigration Court (IJ) matters received and completed by type, Board of Immigration Appeals (BIA) cases received and completed by type, IJ/BIA completions by representation status, and Asylum grants by nationality. Among the nuggets of information in this Yearbook are the following: 64% of the aliens who appealed to BIA in FY 2001 were represented, asylum filings increase 18% from FY 2000 to FY 2001, and in FY 2001, 66% of asylum filings were in New York, San Francisco, Los Angeles and Miami.

EOIR Releases Recognition and Accreditation Roster
The Executive Office of Immigration Review released the current list of recognized organizations and the current list of accredited individuals.

BIA Fails To Perform Fact Finding Function When It Completely Ignores Petitioner's Affidavit
In Palavra v. INS, No. 01-1849 (8th Cir. Apr. 18, 2002), the court found that when the Board of Immigration Appeals (BIA) apparently completely ignored an affidavit presented by Petitioner, the BIA had failed to perform its fact-finding function and the case was not ripe for appellate review. The court made available the appellant's brief and the reply brief.

LULAC Extended
The Center for Human Rights and Constitutional Law announced that the 9th Circuit Court of Appeals had issued a ruling that would allow over 50,000 undocumented families to legalize their status.

INS Requests Comments
INS is asking for comments on form I-590, registration for classification as refugee and form G-646, sworn statement of refugee applying for admission to the US. INS has extended the comment period for comments on Fax Request Form from Benefit Agency to INS for Confirmation of Status of I-130 and Fax Request Form from Benefit Agency to EOIR for Confirmation of Status.

CDC Notice on Health Waivers by Attorney General
The National Center for Infectious Diseases (NCID) of the Centers for Disease Control and Prevention (CDC) gave notice of a review of an application form it promulgated to collect information to establish and maintain records of applicants whose inadmissibility to the US on health-related grounds has been waived by the Attorney General.

DOS Requests Grant Proposals
The Bureau of Educational and Cultural Affairs of the Department of State requests Grant Proposals for African Workforce Development, for FREEDOM Support Educational Partnerships Program (Formerly NIS College and University Partnerships Program and NIS Community College Partnerships Program), and for Fulbright Educational Partnerships Program.


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Immigration in the Press

INS Sweep Against Undocumented in Colorado, Kansas and Missouri
The Denver Post reports that the INS is involved in a sweep of undocumented aliens including recently subpoenaing hiring records of businesses in Kansas and Missouri to track down undocumented workers in the fast-food industry there. One of the aliens who was arrested said: "we've been treated like the worst kind of criminal, but the only thing we've done is work."


Letters to the Editor

Dear Editor:

Mr. Yates’ letter to the Editor inserted some fresh reality into the discussions on the immigration issue, discussions that too frequently have been repetitive, stale speculations on the problem.

Alexander Hamilton once noted: “Wise politicians should be very cautious with fettering the government with regulations that cannot be observed.”

INS is already “fettered” with too many such regulations (such as those pointed out by Ms. Flowers in her recent letter to Immigration Daily) and now it appears that our legislature may be adding even more.

When I read the sage words of our Founding Fathers, I marvel at their wisdom! Why can’t we be blessed in our present time with such wise statesmen?

Richard E, Baer, D.V.M.

Dear Editor:

My earlier letter obviously was not clear enough for Mr. Frecker or Mr. Alexander.

I didn't say we should just throw the borders open, or anything along those lines. Nor did I discuss the amount of time a tourist should have for visiting the United States.

I discussed a paradox and problem of our immigration system. I pointed out an issue of hypocrisy in that we talk about liking legal immigrants but we have a system that forces people to come illegally (see my earlier letter for details).

Rather than talk about how employers "who can find employees locally should do just that", consider the fact that most "do just that", and only advertise locally and search locally. I would like Mr. Alexander to look at item #3, that MOST employers only hire locally. The number of employers looking overseas and bringing in workers illegally is small (how often do we read about it in the news?). It is because of this practice that people wishing to immigrate to the United States are forced to come illegally.

The idea that the Internet, and telecommunications makes it possible for workers to find employers here is a fallacy. The Internet has not penetrated as far in other societies, to as many classes of people. It ignores the fact that many people are educated in a trade by having spent years doing the work, not years getting a formal education. Also, consider how many employers are willing to hire someone sight unseen, without an opportunity to see their work, and who is unable to stop by for an interview. Even with the Internet, most sponsors only sponsor people they know, because they want to do a favor.

Perhaps the saddest and most frustrating thing about the whole immigration debate is the number of falsehoods, half truths, and idealized situations are mentioned again and again. It is only by looking at reality that a reasonable, equitable, and workable system can be developed. I hope that by pointing out one of the common fallacies, and contradiction of current policy we can start to build a better system.

Charles Yates


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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.
Editorial Advisory Board
Marc Ellis, Gary Endelman

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