ILW.COM - the immigration portal Immigration Daily

Home Page

Advanced search

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW


Chinese Immig. Daily


Connect to us

Make us Homepage


Immigration Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily August 28, 2003
Previous Issues
The unmatched news resource for legal professionals. Free! Join 9000+ readers

Editor's Comments

DOL vs. BCIS - A Clash Of Rules

Many practitioners feel like tearing their hair out while navigating the topsy-turvy world of labor certification. A BALCA case today (see below) highlights the lack of consistency in the rules between DOL and DHS, which may lead to premature baldness for some immigration attorneys. 8 CFR 214.2(h)(4)(iii)(D)(5) says three years of experience equal one year of college education, in other words, a Bachelor's degree would be equal to 12 years of experience. DOL, however, believes that a Bachelor's degree is equal to 2 years of experience. Faced with this set of disparate rules, an attorney attempting to make the 8 CFR provision the basis of justifying the employer's disqualification of a US worker failed to carry the day at BALCA. As the dog days of summer wind down, this BALCA case gives immigration lawyers cause to wonder about the inscrutability of it all.


Free Workshop On Online Marketing For Immigration Lawyers

Attorneys listed in ILW.COM's directory of immigration lawyers can now participate in telephonic workshops focusing on efficient marketing of their practices online, and effective integration of their ILW.COM presence with their online and offline marketing efforts. These telephonic workshops are offered free of charge to members in good standing of ILW.COM's directory of immigration attorneys. The next telephonic workshop will be on Thursday, September 4th. Those interested in participating should send a request for registration to

Those law firms not yet listed in our directory may want to note that approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's more than 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! We can even link your ILW.COM listing directly to your own website. For a personal discussion on listing your practice in our directory, please write to

Featured Article

DV 2005 - The Diversity Lottery - New Technology or a Trap?
Bernard P. Wolfsdorf and Naveen Rahman write " Now more than ever, DV applicants must be advised of the risks and potential legal vulnerabilities."

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 Provides 2005 DV Program Instructions
The Bureau of Consular Services of the Department of State provided information on how to apply for the 2005 Diversity Immigrant Visa Program (DV-2005).

GAO Says DHS Needs To Address Vulnerabilities Of Border Inspections Process
The Government Accounting Office released its letter to BCBP Commissioner Bonner where it addressed the result of its review of the immigration-related inspections at land border ports, including its recommendations.

BALCA Says 8 CFR Does Not Apply To Labor Certs
In the Matter of Hawaii Medical Service Association, No. 2003-INA-248 (BALCA, Aug. 13, 2003), the Board of Alien Labor Certification Appeals said that Employer's argument that Employee did not have enough years of experience as a computer services coordinator was based on Employer's erroneous argument that three years of work experience was needed to equal one year of college.

Stop Time Rule Does Not Apply To Cooperative Petitioner Subject To Lengthy INS Delays
In Aoun v. INS, No. 01-4004 (6th Cir. Aug. 26, 2003), the court said that the stop time rule was inapplicable where the INS's lengthy delays resulted in Petitioner being subject to harsher rules concerning accrual of time towards his continual physical presence in the US. The court also noted that this case was not an example of the type of case Congress was trying to address when it instituted the stop time rule since the Petitioner was two months shy of the seven year requirement and there was no evidence and that he was trying to delay the proceedings in any way.

INS Is No Longer Proper Respondent In Habeas Petition, DHS Secretary Must Be Named In Addition To Attorney General
In Armentero v. INS, No. 02-55368 (9th Cir. Aug. 26, 2003), the court found that "strict adherence to the rule that the appropriate respondent in an alien's habeas petitions is the alien's immediate physical custodian does not make sense in the immigration context ... we conclude that the most appropriate respondent to petitions brought by immigration detainees is the individual in charge of the national government agency under whose auspices the alien was detained." The court also noted that "until the exact perimeters of the "Attorney General's power to detain aliens under the new Homeland Security scheme are decisively delineated, we believe it makes sense for immigration habeas petitioners to name the Attorney General in addition to naming the DHS Secretary as respondents in their habeas petitions."

Mentally Ill Jamaicans Are Not A Particular Social Group
In Raffington v. INS, No. 02-1773 (8th Cir. Aug. 26, 2003), the court said that Petitioner, a Jamaican, failed to show that mentally ill Jamaicans, or mentally ill female Jamaicans, qualify as a "particular social group" for asylum purposes.

2700 Is Substantially More Than 100
In US v. Vargas, No. 02-21127 (5th Cir. Aug. 26, 2003), the court said that the district court correctly applied Application Note 5 of USSG 2L2.1 when it upward departed two levels because 2,700 documents is "substantially more than 100 documents" where Defendant was convicted of issuing over 2,700 false social security cards to undocumented aliens.

Husband's Death In FUNCINPEC/CPP Battle Does Not Establish Fear Of Future Persecution
In Khem v. Ashcroft, No. 02-2725 (1st Cir. Aug. 26, 2003), the court said that Petitioner's fear of future persecution was based on her husband's participation in the National United Front of an Independent, Neutral, Peaceful and Cooperative Cambodia (FUNCINPEC) but there was no evidence presented that her husband was ever individually targeted for persecution.

Guest Worker Issue Highlight Of Arizona Conference
The Tucson Citizen of Arizona reports "Some see a guest-worker program as the answer to stopping deaths along the Mexican border. Others don't."

Offshoring Leaves White Collar Jobs Vulnerable
The Atlanta Journal-Constitution reports "Not surprisingly, America's anti-offshoring backlash grows."

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:


None today.

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
For services/products of use in your law practice please click here

Letters to the Editor

None today.

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

© Copyright 1999-2003 American Immigration LLC, ILW.COM