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Immigration Daily

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Immigration Daily June 18, 2003
Previous Issues
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Editor's Comments

For Our Readers At DOJ And DHS

From time to time, we continue to receive letters from our readers alerting us to their difficulty in accessing the web version of Immigration Daily. We believe that most such incidents arise due to the fact that these particular readers have an older version of Netscape as a web browser on their computer. We redesigned our site in fall 2002 and as an unplanned consequence of the redesign, we found that the current ILW.COM website with its new features would cause older versions of Netscape to crash. To prevent this happening to you, we urge you to upgrade to MS Internet Explorer 5.0 and above or to Netscape Navigator 6.0 and above. We believe this problem occurs often within the Department of Justice and its legacy elements at the Department of Homeland Security.


Creme De La Creme

EB1s and NIWs include some of the most covetable and interesting parts of Employment-Based immigration law practice. ILW.COM's new seminar "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional" features an in-depth discussion on EB1s and NIWs, with a segue into L1As. Pravinchandra Patel, the author of "the whole Act," is joined by eminent speakers including Gary Endelman and Nathan Waxman (many more speakers will be announced). Considering the lucrative nature of EB1 practice, learning just one key insight into these cases will be well worth the time and money invested in listening to this 3-part telephone seminar. For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

PERM Labor Certification- Justifying The Proposed Regulations: Part 2 of 2
D.Ray Mantle examines the legitimacy of DOL's justifications for PERM.

Editor's Note: Yesterday's article, Part 1 of 2 of this series, did not include footnotes. For the footnoted version, please see: this document.

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

Sen. Coryn Will Propose Legalization Program
During a debate in Congress, Sen. Coryn (R-TX) said, "And we can no longer afford to deny both the sheer number of undocumented immigrants in our country and the extent of our economy's dependence on the labor they provide."

Immigration Reform Is On President Bush's Agenda
During a White House press briefing, White House Spokeman in response to a question said, "This is why [President Bush] was working so hard prior to September 11th to have a reform of our immigration laws."

Washington Offense Of First Degree Unlawful Possession Of A Weapon Is An Aggravated Felony
In US v. Mendoza-Reyes, No. 02-30208 (9th Cir. Jun. 17, 2003), the court said that "because both the state statute and its federal counterpart addressed possession of a firearm by a person convicted of a crime punishable by a term of imprisonment exceeding one year, Defendant's conviction for violating Revised Code of Washington section 9.41.040(1)(1) qualified as an aggravated felony under 8 USC 1101(a)(43)(E)(ii)."

No Abuse Of Discretion
In Fesseha v. Ashcroft, No. 00-1610, 02-2047 (1st Cir. Jun. 16, 2003), the court said that the Board of Immigration Appeals (BIA) did not abuse its discretion in finding that Petitioner did not show a prima facie case of eligibility for asylum.

Detention Of The Undocumented Marks Law Enforcement's Finest Hour
A Washington Times op-ed writes "Is there any other country in the history of mankind that would flagellate itself over such trivial hardships for illegal aliens during wartime?"

BCIS To Begin Taking Online Reservations As Part Of Pilot Program
The Naples Daily News of Florida reports "Immigration officials in Florida, who process 4,000 people a day, will start taking appointments over the Internet next week as part of a pilot program called Infopass."

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Books - 2003 Edition 8 CFR Plus And INA
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. Not satisfied with your purchase? We offer a money-back, no questions asked, guarantee. For information on our various publications, please see this link.

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
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Letters to the Editor

Dear Editor:
We receive Immigration Daily but have not been able to access ILW.COM using your email version. Can you confirm if we are not supposed to have access to ILW.COM or our inability to access is due to some technical problems on either side. (Our people say that the problem does not appear to be at our end.) If we are not supposed to have access to ILW.COM, can you explain what we need to do to get access? Thank you very much.

Pearl Chang

Editor's Note: Please see Editor's comments above.

Dear Editor:
There has been a great deal of interest in the flood of computer positions going off shore to India, etc. Various professional organizations have complained that jobs are being sent to the countries that produced many of the H-1B temporary workers that came into the US during the heyday of the economic boom. The problem with the job drain is caused by the various professional associations that lobbied the INS and the Labor Department to tighten the H-1 B regulations to make it harder to import computer professionals from abroad. Companies faced with the nebulous and often difficult regulations, the higher fees, the difficulties in getting H-1B petitions approved, the high prevailing wage requirements that often required foreign computer professionals to be paid a wage higher than what US computer professionals were being paid, and the long waits in visa issuances, have opted out of the H-1B market. The result is that all jobs are being exported, not just some, so that US workers who would have been retained by their companies are out of work. One H-1B foreign worker did not displace one US computer professional. In many cases, jobs were preserved for US workers. With the wholesale export of these jobs to places like India, American workers are being displaced, through no fault of their own. The incredible lobbying efforts that took place in the mid-90s during the tech boom by various organizations to cut back H-1B workers in the computer field has backfired and with it the stability of an entire job market. The winner in this idiotic state of affairs is India. They will gain more jobs and we will lose more jobs.

Mary L. Sfasciotti

Dear Editor:
If a Cuban national sets foot on American land, he/she by federal law is granted asylum. After one year, he/she will be given permanent residency. No problem. Recently a Cuban pop star crossed over a bridge on the Am-Mex. border with his mother, his sister, his sister's boyfriend, his cousin, and an employee. All five were given asylum and in a year will become permanent residents. If five Mexican nationals were to cross the same bridge, they would be apprehended and deported back to their country or, if not caught, be designated as illegal aliens who have violated a federal law. As illegal aliens they can never gain legal residency; and, if apprehended for anything after three or more months in the country, they are subjected to deportation and rejected by federal law for being eligible for legal readmission for from three to ten years thereafter.

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 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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