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Immigration Daily August 14, 2003
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Editor's Comments

New Immigration Forms

We recently added several new immigration forms to our site. Our comprehensive immigration forms page includes forms from BCIS, DOL, DOS, EOIR, etc... We strive to maintain the most updated versions of each form. Many forms are fillable. Some forms are available in other languages such as Chinese, Russian, or Spanish. To visit our forms page, see here.


New Seminar On Spirit, Body, And Soul

ILW.COM is pleased to announce a new 3-part telephonic seminar series which will cover three key professional occupational categories:

  • Entertainers/Artists/Athletes
  • Chefs/Cooks and other Hospitality vocations
  • Religious Workers
A holistic approach for these professions include both non-immigrant and immigrant considerations. The practical and strategic points in this seminar series are aimed at helping you in providing effective client representation. Being on the cutting edge will give you a competitive edge. You can attend this new telephonic seminar series "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/Athletes, Chefs/Cooks, Religious Workers " from the comfort and convenience of your office (no airplane/hotel costs) and you won't lose an entire day away from your office. It is also a great training tool for your entire law firm, as everyone can listen together around a speaker-phone for only one registration fee. The discussion for this telephonic seminar series is led by distinguished practitioner Greg Siskind, and will include many other noted speakers (to be announced). Don't delay! The deadline to sign up is Monday, August 25th. 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

2003 Summer Update On Immigration Policy And Procedures
Cyrus D. Mehta provides a roundup of some of the recent developments on policy and procedural issues.

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

BCIS Issues I-600A Fact Sheet: Suspension Of Chinese Adoptions Due To SARS
The Bureau of Citizenship and Immigration Services (BCIS) issued a fact sheet describing how applicants may seek an extension of an approved Form I-600A (Application for Advanced Processing of Orphan Petition) beyond the 18 months normally allotted, if the applicants were unable to timely complete adoption processing due to the SARS suspension.

BALCA Says No Evidence That Fluency In Korean Is Essential To Roofing Supervisor Position
In the Matter of California Construction Co., No. 2003-INA-229 (BALCA, Aug. 12, 2003), the Board of Alien Labor Certification Appeals said that "Employer failed to establish that fluency in Korean [bore] a reasonable relationship to the occupation of roofing supervisor within the context of Employer's business" and said that the Employer provided no evidence Employee had regular contact with Employer's customers. The BALCA observed that "permitting an Employer to establish business necessity for a foreign language solely because its employees speak that language would be to create a self-perpetuating labor force, which would exclude US workers, certainly contrary to the purposes of the Act."

DOS Is Asked When US And Mexico Last Met On Immigration
During a press briefing, the Department of State Spokesman responded to the question, "When did the US and Mexico last meet to discuss immigration?"

District Court Did Not Err In Adhering To Literal Application Of USSG 2L1.2
In US v. Zavala-Montoya, No. 02-41095 (5th Cir. Aug. 13, 2003), the court said that "because the evidence of the [Sentencing] Commission's intent behind the 2001 amendment was not unequivocal, we cannot say that the district court committed clear error by refusing to look to the Commission's intent and instead adhering to a literal application of USSG 2L1.2 to Defendant's offense."

INS District Director As Immediate Custodian Must Be Named As Respondent In Habeas Corpus Petition
In Roman v. Ashcroft, No. 02-3253 (6th Cir. Aug. 13, 2003), the court said that "a detained alien generally must designate his immediate custodian, the INS District Director for the district where he is being detained, as the respondent to his habeas corpus petition." The court noted that under certain extraordinary circumstances, it would be necessary to depart from this rule to preserve Petitioner's access to habeas corpus relief.

President Bush Supports Guest Worker Bill
The Tucson Citizen of Arizona reports "Bush, while flying by helicopter to the top of Mount Lemmon, discussed the Border Security and Immigration Improvement Act with Sen. John McCain and Rep. Jim Kolbe, two Arizona Republicans who introduced the bill. ...[President Bush] is supportive and told us to take the legislation up with his staff."

Sen. Cornyn's Guest Worker Bill Tops Agenda For His Mexico Trip
The Austin American-Statesman reports "Much of the agenda and interest among Mexican officials will focus on Cornyn's immigration reform bill, which seeks to help millions of undocumented immigrants live in the US legally as guest workers. The immigrants, most of whom would come from Mexico, could obtain a guest worker "blue card" that would allow unlimited border crossings for up to three years."

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Stoll, Keenon & Park, one of Kentucky's oldest and largest law firms founded in 1897, seeks an experienced business immigration attorney based either in its Lexington or Louisville, Kentucky office. Minimum 2+ years of full-time experience in preparing H-1B, L-1, E-2, TN, labor cert, I-140, and AOS applications is required. Candidate must have a stellar academic record as well as possess excellent research and writing skills. The position requires a highly organized individual who is proficient with case management software. We offer a great working environment and a competitive salary and benefits package. Email resume + cover letter to Denise Wilson, Human Resources Manager at or fax to (859) 253-1093. EOE

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
It was good to hear from Victor W. Johnston again via your letters to the Editor. When Mr. Johnston was an officer at the Dallas District of the old INS his attitude was similar to that of Durward E. Powell, Jr., former Southern Regional Commission, who wrote in 1980: "The decision maker in adjudicating applications and petitions should not attitudinally approach the process, either consciously or unconsciously, in an adversary manner or looking for a reason to deny. Rather we should all, with our broad knowledge of law and policy, approach them attitudinally, in a friendly professional manner, looking for a way to approve them. With this philosophy, when have to deny because we cannot approve, we have truly accomplished our decision making mission"...Unfortunately, the attitude of some in BCIS today is appears to be "approve only if you cannot deny."

Eugene J. Flynn

Dear Editor:
The congressional question of the day is, shall we reduce the abused L-1 and H-1B visas and protect the American worker or do we continue to protect the foreigner and at the same time line the pockets of those who benefit from these cases? Decision to follow soon.


Dear Editor:
I would like to respond to the letter to the Editor written by someone who has been waiting over a year for his/her H1B. Here are a few general suggestions. First would be to make sure it was received. Have you seen an I-797 Notice of Receipt? Second would be to check the normal processing time in the Service Center where it is being processed. If the normal processing time has been exceeded, you should be able to call the National Customer Service Line and do a service referral. I-800 375-5283 or 1-800 357-2099. If you have legal counsel, counsel should be doing this for you, or your company representative should be assisting you if the petition was filed in-house. If I were you I would definitely give them a call. They may have already approved it, and sent the approval notice to the wrong address. They would send the approval to the petitioner or counsel, not to you. As a last resort, you can always pay an additional $1,000 to upgrade it to Premium Processing by filing a form I-907 and the $1,000 fee, include a copy of the receipt and a brief cover letter. You are guaranteed an adjudication in 15 days, and the system works quite well. I usually get mine approved in 7-10 days. It's really a small price to pay for the peace of mind. I would also wonder what status you are currently in, that you are able to wait this long without falling out of status. I have never heard of an H1B taking a year, but then I deal with the Vermont Service Center, which has traditionally had decent processing times. Of course, I-140's and adjustments are a different matter, but H1B's are running about 4-5 months.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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