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Editor's Comments
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ILW.COM Focus
Curriculum For "Creme de la Creme: Extraordinary, Outstanding,
Multinational and Exceptional"
The following is the curriculum for ILW.COM's new seminar "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional"
FIRST Phone Session on June 30:
Multinational Executives/Managers (EB-1-3)
- Basic regulatory criteria and proofs
- Distinguishing features between EB-1-3 and L-1A categories
- Advantages of EB-1-3 category
- Claim for a small company executive/manager
- Current trend and difficulties
SECOND Phone Session on July 10: EB-1-2 And NIW
Outstanding Researcher/Professor (EB-1-2)
- Basic regulatory criteria and proofs
- Distinguishing features between EB-1-1 and EB-1-2
- Advantages of EB-1-2 category
- Offer of permanent employment - blind spot
- Current trend and difficulties
National Interest Waiver (EB-2)
- No regulatory criteria
- AAU decision in NY Department of Transportation
- Labor Certification issue - How to demonstrate that benefits of alien's
work outweighs the national interest inherent in the labor certification
requirement
- Advantages and Difficulties
- Current decisional trend
THIRD Phone Session on August 28: Alien of Extraordinary Abilities (EB-1-1)
- Basic regulatory criteria and proofs
- Advantages of EB-1-1 category.
- Alien must continue to work in same field - How to establish such
intent?
- Public charge issue - What different proofs can be shown to overcome
this concern?
- Current trend and difficulties
In addition to the specific curriculum above, general points covered in
this series will include:
Letters of reference: How many and from where? - Regulatory criteria: The
Number Game - Alien's young age should not be a deterrent -
Responding to RFE - Practical suggestions: Alien's lawful or unlawful
status in U.S.
For more info on this phone seminar series, including detailed curriculum,
speaker bios, and registration information, please see: http://www.ilw.com/seminars/june2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/june2003.pdf.
Featured Article
BCIS Disallows Filing Of Waiver Of The Joint Filing Requirement Prior To Final Termination Of Marriage
Cyrus D. Mehta writes "The new Bureau of Citizenship and Immigration Services (BCIS) within the Department of Homeland Security (DHS) has been issuing several memos to its various personnel advising them to interpret provisions of the Immigration and Nationality Act more restrictively."
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/
Immigration Law News
No Abuse Of Discretion Found
In Ingdashet v. INS, No. 02-1960 (4th Cir. Jun. 4, 2003), the court said that it reviewed the administrative record, the Board of Immigration Appeal's order and the Immigration Judge's decision and found no abuse of discretion.
Ethiopian's Motion To Reopen Denied
In Wakene v. INS, No. 02-1725 (4th Cir. Jun. 4, 2003), the court said that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying Petitioner's motion to reopen.
Attorney General Ashcroft Asked To Testify Before Congress On Patriot Act
The San Francisco Chronicle reports "Lawmakers want to hear Attorney General John Ashcroft explain whether the Justice Department's new anti-terrorism powers should be renewed and talk about the department's treatment of immigrants following the Sept. 11 terrorist attacks."
Congress Asked To Reform Immigration Policy For Haitians
The Herald Tribune of Sarasota, FL reports "Haitian migrants should not be subject to indefinite detainment when they reach US soil and the federal government should help bolster the Caribbean nation's struggling economy, a delegation of Miami leaders told members of Congress Wednesday."
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/
Classifieds
Immigration Software - Case Management System
Do you know what it really costs you to prepare and process one immigration application? Factor in your forms program, your staff, their benefits, other software, sending documents back and forth, and you're spending hundreds of dollars per application. Your practice is a business - run it like one. Don't spend more than you need to process applications and diminish your profitability. We can help you determine how much it's really costing you to process your applications, and how you can reduce those costs while providing faster, more accurate processing to your clients. We'll customize a VisaPrep system for you that will allow you to better manage your costs and serve your clients with a higher level of service. VisaPrep is the only automated immigration application preparation and management system proven through five years of use on thousands of matters. Call VisaPrep at 866-VISA-PREP (866-847-2773) or send an e-mail to info@visaprep.com to find out how to make your practice more profitable.
Law Practice For Sale
Are you a well-established mid-sized/large reputable immigration law firm? Do you want to take your practice to the next level? Does the idea of expanding your practice to more than one city stop you in your tracks? Then, read further - this may be opportunity knocking at your door. A highly regarded mid-sized employment-based immigration boutique in a major metropolitan city is for sale, with $1M+ gross revenues and a 12+ staff of lawyers and paralegals. Firm has a good reputation and excellent client service practices. Health reasons are causing Principal to retire in a few years. Principal would like to stay on as rain-maker over a mutually agreed transition period. Interested law firms should send inquiries to webmaster@ilw.com. All correspondence will be treated as strictly confidential.
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
Letters to the Editor
Dear Editor:
I am writing in response to "Chucky's" letter to the Editor
implicating
"all immigration attorneys" as financial benefactors of 245(i) partial
"amnesty" for designated aliens.
Just to give you the big picture: First, many lawyers practicing
immigration
law are employed by non-profit organizations including religious, legal
services, human rights civil rights and other organizations earning less
than an
enviable salary. Second, many lawyers volunteer to help indigent clients
on a
pro bono, non-fee paying basis. Despite the fact that I am an
immigration
lawyer, I personally favor "legal immigration" and preferential treatment
to
those foreign nationals who have complied with our immigration laws. After
that, I favor advocacy to change draconian laws to solve problematic immigration
policies such as the second preference family petition (LPR permanent
resident)
nuclear family separation five year + wait. I for one, helped dozens of
these
families at a legal clinic. Many had one LPR here and would have been
separated from spouses and children (some spouses/children were in the US
legally, but would have had to leave for many years). They were able to stay
together
by filing for 245(i) LIFE ACT relief. As one of many volunteer attorneys
at
a legal services clinic, we helped individuals who came in without charging
fees. As for other immigration attorneys who did collect fees, I'm sure
you,
"Chucky," expect if you do work for others who can afford to pay you, that
you
expect to be paid for your services. Broad generalizations about any class
of
people will always be subject to exceptions.
On another topic, (taxation/children) statements were made in
Immigration Daily letters to the Editor several times in the past that earned income
or investment income attributed to children is not taxable. As lawyers, I
believe it is ethically important for us to step forward to open a
discussion on
statements made that could be false or misleading involving the law. (In
the
past, I wrote in to bring to light the various English and non-English
language
laws introduced or passed in various State and Federal legislatures).
While I am not a tax lawyer, (perhaps another reader is), I vehemently disagree
with statements made that "children's income is not taxable in the US."
For example, if a three year old child appears in an advertisement (for
compensation), he or she will have applicable state and federal taxes over
a certain "floor" dollar amount, including social security, etc. held out of
the pay by the casting agency. If the child has a college fund UTMA (Uniform
Trusts for Minors Act) set up by a parent or guardian, and the fund earns
dividends or capital gains, the non-earned income is subject to tax. If a trust or
other investments provide non-earned income attributed to a child, the
income will be subject to taxation. Yes, income below a minimum "floor" might not be
subject to taxation and income may be taxed at a lower rate than a parent's
taxable rate, "kiddie tax," but a child's income, earned or attributed is
subject to taxation in the US.
E.S. Esq.
Minnesota
Dear Editor:
245(i) in and of itself will not resolve the immigration problem. It would be only a partial solution.
Those who propose it are doing so to garner American-Hispanic votes. What is needed is complete immigration reform.
Richard E. Baer
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.
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