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Immigration Daily June 24, 2003
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Editor's Comments

Items Of Interest

Today's issue of Immigration Daily has many items of interest. The CRS released its report on the L visa showing, among other things, that there has been a tripling in the number of L visas issued over the past 20 years but issuance of the visa has declined for the past two years. Cyrus Mehta's article also brings attention to the L Visa and discusses the current legislation introduced to amend the L-1 visa. The DHS released a 'day in the life' snapshot of the organization, including the fact that the BCIS provides information and services to approximately 225,000 customers in one of its 250 field locations every day. The EOIR has updated its list of suspended and expelled practitioners. There (2) letters to the Editor and a classifed advertisement. Please scroll down to find the items of interest to you, and click on the links to get the original material.


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: For the fax version, please see:

Featured Article

L Visa Program Under Attack
Cyrus D. Mehta writes "A Republican Congressman, John Mica, has proposed a bill to prevent companies that bring in people on L-1 visas from outsourcing them to client companies in the US."

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

DOS Seeks Request For Grant Proposals
The Bureau of Educational and Cultural Affairs of the Department of State sought grant proposals for the following two programs: FY 2004 Freedom Support Educational Partnerships Program With Eurasia and Grants Competition for Political Leadership, Education, Small Business Development, and Disability Issues for the Near East, North Africa, and South Asia.

CRS Report Says L Visa Issuance Has Declined For Past Two Years
The Congressional Research Service of the Library of Congress issued a report on the L visa which stated "although the number of L visas issued has tripled in the past 20 years, the number of L visas that the Department of State issued in FY2002 (112,624) is down from a high of 120,538 in FY 2001.

Rep. Tancredo Says US Open Border Policy Is To Country's Detriment
During a debate in Congress, Rep. Tancredo (R-CO) said, "[The US] accepts more illegal immigration than any other country in the world; more legal immigration, and certainly more illegal immigration, than any other country in the world, and this is to our detriment.

Aguirre Confirmed As Director Of BCIS
During a debate in Congress, Sen. Leahy (D-VT) said, "The President has pledged to reduce the average backlog for immigration petitions to 6 months by 2006--to do so is going to take serious investment, and I hope Mr. Aguirre will be a voice inside the administration to make that investment."

Sen. Kennedy Congratulates Award-Winning Essays On Immigration
Sen. Kennedy (D-MA) as one of the judges for this year's writing contest on immigration sponsored by AILF and AILA announced this year's winners and said, "These award-winning essays will be of interest to all of us in the Senate, and I ask unanimous consent that they be printed in the Record."

Rep. Van Hollen Introduces Private Bill
Rep. Van Hollen (D-MD) introduced a private bill on behalf of Junior Anthony Francis, a permanent resident of the US, and to put an end to deportation proceedings that are pending against him by the Bureau of Immigration and Customs Enforcement (BICE).

Rep. Smith Says Matricular ID Cards Threaten Homeland Security
During a debate in Congress, Rep. Smith (R-TX) said, "The [matricular] cards are not reliable, not secure, and make it easier for illegal immigrants to stay in the US."

Utah Urges Congress To Review Whether To Permit The Undocumented Who Have Married US Citizens To Become US Citizens
Utah's legislature adopted a joint resolution that said, "The Legislature of the state of Utah strongly urge the US Congress to review and consider whether to permit parents of American- born children to become American citizens; whether to permit undocumented individuals who have married American citizens to become American citizens..."

EOIR List of Suspended And Expelled Practitioners
The Executive Office for Immigration Review of the Department of Justice updated its list of Suspended and Expelled Practitioners.

DHS Unveils New Seal
The Department of Homeland Security issued a fact sheet on the new Department of Homeland Security seal, symbolic of the Department's mission - to prevent attacks and protect Americans - on the land, in the sea and in the air.

BCIS In A Day Responds To 75,000 Calls To Its 1-800 Customer Service Number
The Department of Homeland Security released a fact sheet describing a sampling of what the men and women of DHS do in a day, including the fact that the Bureau of Citizenship and Immigration Services (BCIS) in a day responds to 75,000 daily calls to its 1-800 customer service number.

Secretary Ridge Says DHS Naturalizes 1,900 New Citizens In A Day
Secretary Ridge spoke before Department of Homeland Security employees and said, "The Department's employees perform other duties not directly related to the terrorist threat, but are no less important to this nation...we will naturalize, on average, 1,900 new citizens -- people drawn by the American way of life that you and I work so hard to protect."

BICE Identifies Last Victims Of Victoria, TX Alien Smuggling Incident
The Bureau of Immigration and Customs Enforcement (BICE) released a press statement stating, "Chelve Benitez-Jaramillo and Rogelio Dominguez-Benitez, both nationals of Mexico, were among 19 individuals who suffocated inside a tractor-trailer. Fifty-five undocumented aliens are known to have survived the ill-fated smuggling attempt."

DOS Says US Embassy In Kenya Temporarily Closed
During a Department of State press briefing, Deputy Press Secretary said, "...but basic services provided by the Embassy in terms of visas and other things would be suspended today, and Monday/Tuesday if it remains closed."

2nd District Says Giving Bad Advice Violates Immigrant's Right
The Salt Lake Tribune reports "A Utah attorney representing an immigrant charged with a crime is not obligated to inform the client that entering a guilty plea may bring deportation. But the same attorney cannot give his client bad advice if asked about deportation consequences, the Utah Court of Appeals ruled last week."

Gay Hindu Pakistani's Political Asylum Claim Gains Public Support
The San Francisco Chronicle reports "While Jiwnani has lived half of his 34 years in the US, all of those illegally and the past six in San Francisco - "I feel accepted here," he says - he faces deportation to his native Pakistan."

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Letters to the Editor

Dear Editor:
In response to Dr. Baer's letter on guest worker programs for Mexicans, there already is a guest worker program, called H-2, for seasonal agicultural (A) and other unskilled labor (B).  These programs have been underutilized for years by employers and workers, probably because it's easier to hire someone (or be hired) without having to abide by the regulations or be accountable.  They, like previous guest worker programs, also have problems with lack of enforcement of the conditions protecting workers.  Any guest worker program has to be accompanied by stringent enforcement of the immigration laws, or it's doomed to fail.  Nor would a guest worker program targeted only to Mexicans prevent deaths such as the 19 we saw a couple of weeks ago; recall that many of those involved were not Mexican, but other Latins.

Ali Alexander

Dear Editor:
As Dr. Baer's letter to the Editor makes clear, I misunderstood his previous missive. I am relieved to learn he was not positing a false equivalence between economic immigrants from countries like Mexico and people leaving a prison country like Cuba. My dander, once up, is now safely down again.

Honza J. F. Prchal

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Marc Ellis, Gary Endelman

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