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Immigration Daily August 18, 2003
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Editor's Comments

Power Grid Collapse

The collapse of most of the North Eastern power grid at around 4pm on Thursday left our offices without one of the most important components of our information age - electrical power. Consequently, we had to leave our offices in New York City before the batteries in the emergency lighting in the building ran out and made descent in the pitch-black stairwell hazardous. Our website servers are hosted in Chicago, and our website did not experience any down-time. Through Chicago, we did manage to send out an emergency alert to our readers late on Thursday, in lieu of Friday's edition, which said in its entirety "Due to the power outage in the New York City area and northeast U.S., we are unable to publish our normal edition. We will resume publication when power is restored. Thank you for your understanding."

Today, on Sunday, August 17th, we are pleased to send out this edition to our readers with all our usual features which appear herebelow. Power permitting, we expect to be back to our normal publication schedule on Monday, August 18th.


Curriculum For "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/ Athletes, Chefs/Cooks, Religious Workers"

The curriculum for "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/ Athletes, Chefs/Cooks, Religious Workers" is as follows:

FIRST Phone Session on August 27:    Entertainers, Artists and Athletes

1. The Non-Immigrant Categories

  • O-1 Individuals of Extraordinary Ability
    • Meeting the evidence tests to show one is "extraordinary"
    • Dealing with peer group consultations
    • Special standards for motion picture and television productions
    • Dual intent issues
  • P Visas for Performing Athletes and Entertainers
    • When to file a P-1 case instead of an O-1
    • Special rules for circus performers
    • Dual intent and consultation issues
    • P-2 visas for performers using exchange programs
    • P-3 visas for culturally unique performer
  • Q-1 visas for Cultural Exchange Visitors
  • Other potential NIV categories for artists and entertainers

2. Immigrant Visas

  • EB-1 Extraordinary Ability in the Arts and Athletics
  • EB-2 National Interest Cases
  • EB-2 Schedule A, Group II Cases for Exceptional Ability Applicants
  • Other potential IV categories for artists and entertainers

SECOND Phone Session on September 15:    Hospitality Workers

1. Non-Immigrant Options for Chefs, Cooks and other hospitality workers

  • B-1 visas for domestic employees
  • E-2 visas for owners, executives, managers and specialized employees of foreign-owned hotels and restaurants
  • H-1B visas for management level chefs and hospitality management employees
  • H-2B visas for temporary and seasonal employees
  • J-1 trainees
  • L-1 intracompany transfers
  • O-1s for outstanding chefs and distinguished managers
  • TN visas for hotel managers
  • H-3 trainees

2. Green Card Options for Chefs, Cooks and other hospitality workers

  • EB-1 Multinational Managers
  • EB-1 Extraordinary Ability chefs and manager
  • Labor Certifications for "foreign specialty" cooks and chef and hospitality management employees

THIRD Phone Session on October 9:    Religious Workers

1. R-1 Nonimmigrant Religious Workers

  • Key requirements
  • What is a religious denomination?
  • What types of religious workers qualify?
  • The 501(c)(3) requirement
  • Experience requirements
  • The application process
  • Dual intent issues
  • Pay requirements

2. EB-4 Immigrant Visas for Religious Workers

  • Key requirements
  • How does the EB-4 category differ from the R-1 visa?
  • Can volunteers qualify?
  • What types of religious workers qualify?
  • How can a church show it has the ability to pay?
  • The application process
  • Sunset provisions

3. Other possible strategies

The deadline to register is Monday, August 25th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

Introduction To Representing Noncitizens In Removal Proceedings: Part 5 of 5
Michael J. Boyle offers a detailed primer on removal proceedings and other forms of relief to noncitizens.

Refugee Women At Risk: Part 4 of 4
Eleanor Acer et al. of the Lawyers Committee for Human Rights describe how recent US laws have undermined the ability of refugee women to obtain asylum.

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

DOJ Announces $650K+ Training Grants On Prevention Of Immigration-Related Job Discrimination
The Department of Justice announced the award of nearly $675,000 in grants to eleven nonprofit groups serving communities throughout the country, to conduct public education programs for workers and employers about immigration-related job discrimination.

BCIS Guidance Memo On I-485 In Accordance with Section 106(c) Of AC21
William Yates, Acting Associate Director for Operations of the BCIS issued a memorandum to BCIS service center directors and regional directors on processing Form I-485 when the beneficiary of an approved Form I-140 is eligible to change employers under 106(c) of the American Competitiveness in the Twenty-First Century Act of 2000.

District Court's Failure To Address Deportation And Removal Provisions Is Harmless Error
In US v. Al-Hababeh, No. 03-4277 (4th Cir. Aug. 13, 2003), the court said that the district court's failure to address deportation and removal provisions at the Defendant's Rule 11 hearing amounted, at most, to harmless error.

Power Outage Sends Law Firms Scrambling reports "One of the problems with going global is that when disaster occurs in some far-flung locale, every corner of the law firm is affected."

Guest Worker Bill: Meaningful Immigration Reform Is The Goal
An Arizona Republic op-ed writes "Simply, the [guest worker] bill suffers from serious deficiencies and it's uncertain whether friendly amendments can salvage it. This is true particularly in the House, where the immigration discussion is patently unfriendly.

Border Agents Issued Directive To Stop Neighborhood Sweeps
The San Diego Union-Tribune reports " directive barring Border Patrol agents from stopping suspected illegal immigrants on city streets is throwing the 1,600 San Diego-area agents into turmoil."

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:


Experienced Canadian Immigration Attorney
The Law Offices of Bart Klein seeks an experienced attorney in Canadian immigration law for a full-time position based in Seattle, WA. Minimum 2 years experience in Canadian immigration law required. Attorney will advise clients on Canadian Immigration law and NAFTA. Must either possess or be eligible for WA State bar license or foreign law consultant license. Salary DOE. Send resume to: Law Offices of Bart Klein via fax at 206-624-6371.

Experienced Immigration Attorney
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

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Letters to the Editor

Dear Editor:
I am an immigration lawyer practicing in Montreal, Canada and I am a subscriber to Immigration Daily, which I find very interesting. The Quebec Association of Immigration Lawyers is holding their annual conference this November 7 and 8 in Montreal and we are looking for an American immigration lawyer to come to speak to us about the US asylum process, which we find very mystifying. Is anyone (preferably in Burlington, Vermont or Platsburgh, New York, which are close by) interested? We will pay for transportation and hotel. By the way, Montreal is a great place to visit and everything is almost 30% cheaper here with the exchange.

Pia Zambelli

Dear Editor:
What do you think the chances are of another 245(i) bill passing again anytime in the near future?


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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