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Immigration Daily

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Immigration Daily April 23, 2003
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Editor's Comments

Labor Certs Today

Labor Certification is a half-broken system today, with RIRs working for some combinations of occupations/Regions and not for other combinations. Prevailing Wages, the "oxygen of the labor certification system," continue to raise problems for even the most seasoned practitioners. Labor cert strategy today requires constructing the proper 750A form and the appropriate recruitment, while keeping in view DOL's ever-changing standards as they interplay with INS practices on "or equivalent," a minefield where certified cases meet their doom at the I-140 stage. Looming over all else is the shadow of PERM, which is always just coming but never quite arriving. This is the background for ILW.COM's new seminar ""Labor"-Intensive Immigration Practice: Advanced DOL Strategies on the Eve of PERM." Led by Angelo Paparelli, the telephonic seminar series features distinguished practitioners Steven Clark, Allen Kaye, Edward Litwin and Joel Stewart (other speakers to be announced). For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: /april2003.shtm. For the fax version, please see: april2003.pdf.


Roundtable with ECFMG and CGFNS

The March session of ILW.COM's healthcare seminar will feature a roundtable with senior representatives of the Educational Commission for Foreign Medical Graduates (ECFMG) and the Commission on Graduates of Foreign Nursing Schools (CGFNS). The curriculum for this session includes:

  • Role of credentialling agencies in health care immigration
  • Testing and timeframes
  • Guiding applicants through the process
  • Participation guidelines for ECFMG programs
  • CGFNS: it's not just nurses anymore
Healthcare immigration is one of the bright spots in today's immigration law practice. For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, see:
For the fax version, see:

Featured Article

Hurricane Chart: How To Navigate Safely Through The Coming H1B Storm
Gary Endelman writes "The cap on H-1B visas will drop down to an annual rate of 65,000 in October 2003 and the issue of whether to keep the quota at its present high level is sure to be the hot topic of the fall congressional session."

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:

Immigration Law News

9,555 Out Of 37,295 HRIFA Applications Approved
The General Accounting Office of Congress (GAO) released a report on Haitian Refugee Immigration Fairness Act (HRIFA) which said, "Through March 31, 2003, BCIS, formerly part of the INS, had received a total of 37,295 HRIFA applications and had approved 9,555 of these applications. The EOIR had 665 applications filed and had approved 183 of them. Details on the categories of the applicants and approvals are provided in this report."

Downward Departure Based On Cultural Assimiliation Into US Is District Court's Discretionary Decision
In US v. Wilson-Garcia, No. 02-2792 (8th Cir. Apr. 22, 2003), the court said that the district court discretionarily decided in denying Defendant a downward departure based upon his cultural assimiliation into the US.

District Court Errs In Admitting INS Inspector's Testimony That Speculated As To Defendant's Credibility
In US v. Brown, No. 02-4250 (4th Cir. Apr. 21, 2003), the court said that the district court erred in admitting the portion of an INS inspector's testimony that speculated as to Defendant's credibility, and said that while Inspector Allen was permitted to explain why he thought Defendant was nervous, he could not testify as to whether he was being truthful or was concealing a fact.

BIA's Reasons For Concluding Albanian Journalist's Testimony Not Credible Are Supported By Substantial Evidence
In Mekshi v. Ashcroft, No. 02-3339 (3rd Cir. Apr. 21, 2003), the court said that there was substantial evidence in the record to support the Board of Immigration Appeal's (BIA) determination that Petitioner's testimony was significantly less clear and cogent than would be expected of a college-educated journalist and political activist.

IJ Rules Tax Evasion Is Fraud, Not Just Theft
The New York Post reports "Dethroned club king Gatien lost his latest bid to stave off deportation yesterday when a judge rejected his argument that while he may be a felon, he's not so bad a felon."

DHS Employee Indicted On Illegally Smuggling Aliens
The Dayton Daily News reports "A federal immigration worker and two others have been indicted for scheming to get immigrants into the US illegally using improper documents, prosecutors said Monday."

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:


None today.

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For information on advertising in the classifieds please click here

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For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
I commend you for making a contribution to AILF. As the director of a non-profit immigration advocacy and legal services program, I find the information provided by both ILW.COM and AILF indispensable. Our attorneys subscribe to ILW.COM, and we have worked closely with AILF on various projects, most specifically around representation of INS detainees after September 11. It is important for those of us in the non-profit sector to feel the support of our immigration law colleagues, and I was gratified to see how ILW.COM has chosen to donate its funds. I would also like to make you aware of the program I direct, the American Friends Service Committee Immigrant Rights Program, located in Newark, New Jersey. Our program has provided direct legal services, education and outreach, and community organizing to immigrant communities for over ten years. Our attorneys specialize in asylum, removal defense, family based immigration, NACARA, TPS, and VAWA, and frequently are asked to speak at conferences and trainings on immigration law. Most of our services are free, but we charge low fees for certain cases. In your announcement you mentioned that you will be making additional donations to other immigration related non-profits. I would like to request that AFSC be considered for one of these donations. Due to reduction in grants and legal services fees over the last year, we are unfortunately facing difficult financial times and are looking at ways to make up some of the income we have not been able to maintain. As you are aware, there is a shortage of free or low-cost legal services available to low income immigrants, and as more and more immigrants are facing deportation without access to representation the shortage becomes more dire. It is essential that programs such as ours remain open and able to continue providing representation. To that end, I strongly suggest that ILW.COM look at programs such as ours when making grant awards to non-profit immigration service providers. Thank you again for the valuable information you provide.

Amy Gottlieb, Program Director
American Friends Service Committee Immigrant Rights Program, Newark, NJ

Editor's Note: As to the funds remaining from the 9/11 seminar, a shortlist of organizations was prepared last year based on suggestions from the 350+ attendees of that seminar. However, we do intend to take actions in assisting not-for-profit projects/institutions in the immigration law field in the future. Any information sent to us in this connection will be carefully reviewed. Thank you for your comments.

Dear Editor:
You will get hundreds of these, I know, but I thought it worth asking you to consider a donation to Human Rights Initiative of North Texas, here in Dallas. This non-profit was founded in 1999, and has established an exemplary record of providing legal representation to indigent applicants for asylum. HRI leverages its funding substantially by recruiting, training and supporting volunteer lawyers to prepare asylum applications, accompany clients to the Houston Asylum office, and represent them in IJ Court. In addition, it provides psychological and social service assessment and referral services, and works closely with Parkland Hospital's VIP Center, which provides medical and psychiatric services to survivors of torture. Most recently, HRI prepared the first batch of visa applications for a group of Vietnamese women involved in human trafficking. As an HRI donor and volunteer lawyer, I know that your funds would be stewarded wisely and go a long way to supporting this important work. For further information, please visit HRI's website at

Elise A. Healy
Dallas, Texas

Editor's Note: As to the funds remaining from the 9/11 seminar, a shortlist of organizations was prepared last year based on suggestions from the 350+ attendees of that seminar. However, we do intend to take actions in assisting not-for-profit projects/institutions in the immigration law field in the future. Any information sent to us in this connection will be carefully reviewed. Thank you for your comments.

Dear Editor:
Do you have a section for Help Wanted in Immigration Daily. Please let me know where can I get this information or when and where can I buy your periodical.

Name Not Provided
Hollywood, Florida

Editor's Note: Immigration Daily does contain a classified ads section which includes help wanted classified ads. Subscribing to Immigration Daily is free. All you need to do is submit your email address on our homepage and click subscribe and you will receive the email version of our periodical daily in your email address inbox. You may search previous issues and look specifically for employment ads by using our search feature or by checking past sections of our classified ads.

Dear Editor:
The following press release entitled "Solis Introduces Bipartisan Bill To Facilitate Citizenship And Family Protections To Immigrant Soldiers" was released by the office of Congresswoman Solis (D-CA).

Cristina M. Villarreal, Staff Assistant
Washington, DC

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 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

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