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Immigration Daily May 20, 2002
Previous Issues


Editor's Comments

ILW.COM is pleased to announce a seminar series centering on interdisciplinary issues in business immigration law. As immigration continues to be ever more tightly regulated by Congress and various Executive Branch agencies, business immigration increasingly intersects with other areas of law, particularly labor law, tax law and criminal law. Led by Robert Loughran and Dan Kowalski (with other speakers to be announced), this seminar series will explore important but often ignored issues in business immigration. A detailed curriculum appears below.


ILW.COM Focus

Curriculum For Interdisciplinary Issues In Business Immigration Seminar

A detailed curriculum is now available for this exciting new seminar. Additional speaker bios have also been posted.

FIRST Phone Session on May 31, 2002:

  1. Criminal issues in employment-based immigration-Executives and their kids get in trouble too.
    • DUI/DWI
    • What is an aggravated felony?
    • What is a crime involving moral turpitude?
    • When is disclosure necessary on Federal forms?
    • When is an expungement honored?
    • When is a possession crime viewed as trafficking?
    • What are the implications of foreign convictions?

  2. I-9 Issues.
    • Copy or not to copy.
    • Who is responsible for reverification?
    • How do Social Security no-match letters impact I-9 management?
    • Will companies pay to learn about their liabilities?
    • Who is responsible for fraud detection?

  3. Unfair Employment Practices.
    • (a) What are unfair employment practices and (b) what does the government think they are? (Bendig v. Conoco)
    • How do economic downturns affect enforcement levels? (I-9 & Office of Special Counsel)
    • Future enforcement trends. (LCA & PERM audits)

SECOND Phone Session on June 28, 2002:

  1. How tax law issues intersect with immigration law.
    • Who can be taxed as a non-resident?
    • What exemptions can non-United States Citizens traveling abroad claim and still retain U.S. immigration status?
    • When do U.S. tax obligations end? (sailing permits, renunciation, abandonment)

  2. How labor law issues intersect with immigration law.
    • When is a petition an employment contract?
    • How do posting requirements impact state labor laws?
    • What role do unions play when a company is foreign workers?
    • Citizenship and National Origins Discrimination
    • Other issues related to termination

THIRD Phone Session on July 31, 2002:

  1. H-2A and H-2B issues.
    • What is seasonal?
    • What is peak load?
    • What is a labor shortage?
    • How do you find qualified applicants with clean immigration histories?
    • What can be done to protect this practice area from endemic fraud?

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


Featured Article

Urge Congress To Give Immigrants A Meaningful Day In Court, By Supporting The Family Reunification Act
Rob Randhava writes "The Family Reunification Act will allow our immigration system to sensibly sort out the good from the bad during deportation proceedings."


Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info: http://www.ilw.com/membership/

Immigration Law News

Associate Attorney General Speaks On Immigration
In an address before the National Association of Attorneys General, Associate Attorney General Jay Stephens said the Department of Justice "promulgated regulations implementing the "T visa," created by the Trafficking Victims Protection Act, to enable trafficking victims to remain in the United States to assist in prosecutions."

INS News Releases Info ON Eritrea And Ethiopia To Assist Asylum Officers
INS released a "Question and Answers Series Report" on Eritrea and Ethiopia to assist Asylum and Immigration Officers.

Virtual Reality Sentencing By Video Conference Not Permissible
In USA v. Torres-Palma, No. 01-2179 (10th Cir. May 16, 2002), the court held that the defendant must be physically present before the sentencing court.

Post-Buckhannon EAJA Claims Dismissed
In Kossov v. Perryman, No. 01 C 8051, (N.D. Illinois, Eastern Division, May 1, 2002), the magistrate judge said that the Petitioner, whose green card had been delayed for three years and which was issued to him 8 days before a his mandamus hearing, was not a prevailing party under the plain language of the Equal Access to Justice Act, and was consequently not entitled to attorney fees.

District Court May Not Have Change Of Heart After Sentencing
In USA v. Galvan-Perez, No. 01-5013 (6th Cir. May 17, 2002), the court said that the District Court imposed a legal sentence for unlawful re-entry after previous conviction for an aggravated felony, then reconsidered and attempted to invoke its discretion to depart downward, exceeding its authority.

St. Cyr Is Law In 11th Circuit
In Bejacmar v. Ashcroft, No. 01-13742 (11th Cir. May 14, 2002), the court reversed the District Court's decision to dismiss Petitioner's habeas petition for lack of subject matter jurisdiction, in line with applicable Supreme Court precedent to resolve a circuit split on this issue which was decided on the same day as the District Court's dismissal order in this case.

Denial Of Downward Departure Based On Cultural Assimilation Is Not Reviewable
In USA v. Gonzalez-Lopez, No. 01-4231 (10th Cir. May 16, 2002), the court said that it did not have jurisdiction to review the District Court's refusal to depart downward on the basis of cultural assimilation.

Bills Reported To Senate Floor
The Senate Judiciary Committee reported two immigration bills to the floor of the Senate connected to aging out of alien children.

DOS To Raise Fees
The Department of State issued a press statement saying it had "revised the Schedule of Fees for Consular Services. The new schedule will be effective June 1, 2002."


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: http://www.ilw.com/seminars/

Other Items

State Department Wants To Shut Down A "J-1" Program
The Baltimore Sun reports "a State Department lawyer says a foreign exchange program that places students in menial jobs at hotels and resorts is inherently flawed and that there is no choice but to shut it down." The article quotes the attorney for the employers, Laura Reiff saying "the firm is the victim of overzealous bureaucrats with a "gotcha mentality."

Doris Meissner Joins Think Tank
The Migration Policy Institute, a think-tank in Washington, DC announced that former INS Commissioner will be joining their staff as Senior Fellow.


How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to: support@ilw.com, include your phone #.

Classifieds

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

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


ILW.COM Chat

Chat with Kevin Dixler
Attorney Kevin Dixler will answer questions on all aspects of immigration law on Monday, May 20, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.


Letters to the Editor

Dear Editor:

Multiculturalism: The American Heritage Dictionary of the English Language (1969 ed.): “Multi-. (prefix) Indicates: 1. Many or much 2. More than one Cultural-. Adj. – 1. Of or relating to culture Culture-. n. - 7. Intellectual and artistic activity -ism-. (suffix) – Indicates: 1. An action, practice or process. 3. A characteristic behavior or quality. Multiculturalism, the practice (-ism) of more than one (multi-) intellectual and artistic activity (culture).
Is there a different definition?

Richard E. Baer, D.V.M.


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 editor@ilw.com. 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

© Copyright 1999-2002 American Immigration LLC, ILW.COM


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