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Immigration Daily August 19, 2003
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Editor's Comments

Noteworthy Items

Today's issue of Immigration Daily is brimming with interesting items. In what is the biggest immigration news of the day, the Department of State announced that the DV lottery will be conducted solely through electronic means. This is part of the Department of Homeland Security's continuum of incorporating technology into its governance. Our featured article is an op-ed written by the President of the National Association of Immigration Judges. We also have a BALCA case, the text of the legalization/guest worker bills introduced by Rep. Kolbe, Rep. Flake, and Sen. McCain, two help wanted ads, and much more. Scroll down to find what's of interest to you.


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

Another Perspective on the Boston Immigration Court
Dana Marks Keener, President of the National Association of Immigration Judges writes about the recent newspaper account of an Immigration Judge in Boston who allegedly made insensitive "Tarzan" comments during an asylum hearing.

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Immigration Law News

DV Must Be Filed Electronically - DOS Interim Rule
The Department of State promulgated an interim rule that changed how aliens may petition for the opportunity to participate in the Diversity Visa Program from a standard mail-in system, to an entirely electronic system utilizing a specific designated website.

DOS Rule Regarding Automatic Revalidation Of Visas
The Department of State adopted as final, effective August 18, 2003, its interim rule limiting the privilege of automatic revalidation of visas.

Text Of Legalization/Guest Worker Bills
The actual texts of the legalization/guest worker bills as introduced in both the House of Representatives HR 2899 and the Senate S 1461 to support a guest worker program, also known as the Land Border Security and Immigration Improvement Act of 2003 are now available (33 pps.).

BCIS Fact Sheet Trumpets First 100 Days
The Bureau of Citizenship and Immigration Services issued a fact sheet providing an overview of its organization and its first 100 days in operation.

BCIS Director Aguirre's Bio Says He Emigrated From Cuba As Unaccompanied Minor
The Department of Homeland Security (DHS) released BCIS Director Aguirre's bio, including the fact that he joined the DHS from the Export-Import Bank of the US, where he was Vice Chairman and Chief Operating Officer and that he and his wife both emigrated from Cuba as unaccompanied minors at the age of 15.

BICE Announces Upholding Of Final Order Of Removal For Cuban Linked To Spy Network
The Bureau of Immigration and Customs Enforcement announced that the Board of Immigration Appeals recently upheld the final order of removal of a Cuban national who was linked to a Cuban spy network.

BICE Arrests 5 Criminal Aliens
The Bureau of Immigration and Customs Enforcement in announcing the arrest of 5 criminal aliens quoted Bruce Chadbourne, interim Field Office Director for Boston BICE Detention & Removal who said "removing fugitive criminal aliens is a high priority for us."

BALCA Says Employer's Must Make More Profits Than Salary Paid To Any Employee
In the Matter of Hollywood Star's Studio, No. 2003-INA-115 (BALCA, Aug. 12, 2003), the Board of Alien Labor Certification Appeals said that it would be counterintuitive for an Employer to earn $2,571 per year while his sole Employee earned $30,475 a year and denied a labor certification application on the grounds that the Employer failed to demonstrate its ability to pay the wages offered.

Diversity Visa Lottery Requires Online Registration
The Department of State announced that paper entries or mail-in requests for diversity visa registration will no longer be accepted and that beginning this year, all persons registering under the diversity lottery must do so online.

No Discovery For Claim Of Pattern Of Selective Prosecution Of Hispanic Males Under 8 USC 1326
In US v. Arenas-Ortiz, No. 02-10437 (9th Cir. Aug. 12, 2003), the court said that "in the absence of evidence regarding the relative frequency that members of different races illegally re-enter the US, the district court did not abuse its discretion in concluding that Defendant was not entitled to discovery."

Immigration Reform: Its Time Has Come
A Seattle Post-Intelligencer op-ed writes "Ever since dramatic changes in immigration laws were pushed through Congress in 1965 by fervently pro-immigration forces, a certain set of suppositions has underlain popular thinking on both legal and illegal immigration."

100-Year-Old Woman Becomes US Citizen
The Austin American-Statesman reports that Mei-Fen Yeh became a US citizen, a day after she turned 100. "That made Yeh the oldest person in Nebraska or Iowa to ever take the oath of citizenship, said Jerry Heinauer, district director of the Bureau of Citizenship and Immigration Services."

Newlyweds Face Immigration Setback
The Buffalo News of New York reports "Michael B. Berger, a Buffalo immigration attorney, said many people don't understand the tough restrictions governing a Canadian marrying an American and wanting to move to the US."

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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

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:
In reply to Matt's question regarding a 245(i) renewal, the chances are slim and none and slim just left town.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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