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Immigration Daily September 11, 2003
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Editor's Comments

Seminar On Hospitality Industry

ILW.COM's upcoming telephonic seminar will cover immigration law issues affecting the hospitality industry from a holistic perspective. Non-immigrant and immigrant matters will be discussed for both hi-skill and lo-skill jobs in the hotel, resorts and restaurant industries. The deadline to register is Thursday, September 11th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:


Registration Deadline Is Thursday, September 11th

The registration deadline for "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/ Athletes, Chefs/Cooks, Religious Workers" is Thursday, September 11th. The curriculum 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 Thursday, September 11th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

America's Challenge: Domestic Security, Civil Liberties, And National Unity After September 11
Muzaffer A. Chishti et. al of the Migration Policy Institute provide a summary excerpt of its findings and recommendations based on one of the most comprehensive surveys conducted on September 11 detainees.

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

Passport Restriction Decision Is Not Yet Final
During a Department of State press briefing, DOS Spokesman Boucher responded to the decision to delay the enactment of passport restrictions.

BALCA Says Employer's Offer To Readvertise Is Too Late
In the Matter of Fleetwash, Inc. No. 2003-INA-56 (BALCA, Aug. 21, 2003), the Board of Alien Labor Certification Appeals said that Employer made no offer to readvertise in the rebuttal, much less an unequivocal offer to readvertise and that Employer's offer to readvertise came too late to require the Certifying Officer to permit readvertisement.

DOS Seeks Comments
The Department of State sought comments on Form DS-1884, petition to classify special immigrant under INA 203(b)(4) as an employee or former employee of the US government.

DOS Redesignates AUC As Foreign Terrorist Organization
The Department of State redesignated the United Self-Defense Forces of Colombia" also known as the "Autodefensas Unidas de Colombia" or "AUC" as a foreign terrorist organization pursuant to section 219(a) of the INA.

US Re-entry Policy May Change
The Arizona Republic reports "California's decision to grant drivers' licenses to undocumented immigrants could lead to new federal policies that deny citizens the convenience of re-entering the country merely by showing a license, a senior Homeland Security official said Tuesday."

Alien Awaiting Deportation Looks At What Could Have Been
The St. Louis Dispatch reports An alien awaiting deportation shakes his head in disbelief as he reviews the mistakes, miscues and misunderstandings that any day now will force him to live a half-world away from his wife and three small children.

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Help Wanted: Experienced Immigration Attorney
Blumenfeld, Kaplan & Sandweiss, P.C. (BKS), a full-service law firm in St. Louis, MO seeks an associate with 1-3 years of employment-based immigration experience. Experience with immigration issues related to physicians is a big plus. BKS offers a competitive salary and excellent benefits. Send resume + cover letter to Chris Williams, Immigration Law Practice Group, 168 North Meramec Avenue, 4th Floor, Clayton, Missouri 63105. No phone inquiries please.

Help Wanted: Experienced Immigration Paralegal
Kemp Smith LLP, founded in 1866, seeks to hire an experienced paralegal for its business, family, consular, and inspections based immigration practice located in El Paso, TX. Responsibilities include continuous professional interaction with clients, staff, and federal agencies; timely preparation of filings with the Departments of Labor, State, and Homeland Security; and case monitoring. Excellent analytical, organizational, and writing skills are required. Computer and Internet literacy is essential, while Internet research skills are ideal. Proficiency in Word, Powerpoint, and case management software are all a plus. Bachelor's degree or equivalent preferred. Fluency in a second language in either Spanish, Japanese, or German is desired. Please forward your resume to Firm Administrator via e-mail at or fax 915-546-5360.

Help Wanted: Experienced Immigration Paralegal
Goel & Associates, P.C. (G&A) , a leading business immigration law firm, seeks an experienced immigration paralegal to join its fast-paced corporate immigration practice located in Greenbelt, MD. Candidates must have at least one year of business immigration experience, ideally with H-1B, L-1, Labor Certification, and I-140/Adjustment of Status cases for clients in the high tech sector. A college degree, excellent communication and organizational skills, knowledge of PC applications, and the ability to work independently are required. We offer an outstanding work environment and an excellent compensation and benefits package, including a business-casual dress policy, health and dental insurance, 401(K), free parking, and more. To apply, please send resume, cover letter, and salary requirements to, or fax to 301-313-0445.

Help Wanted: 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

Help Wanted: Experienced And Entry-Level Paralegals
Greenberg Traurig, a large international law firm, has openings in its Tysons Corner office for experienced and entry-level immigration specialists/paralegals. Will train for entry-level/junior position. Both positions require a Bachelors degree; experienced position requires 3+ yrs of experience in the immigration field, with at least one year at a senior level. Strong organizational, written, computer and verbal skills are required. Excellent benefits and compensation packages offered. Send resume + cover letter, including salary requirements by either fax: 703-714-8378 or email: Please state the position, experienced or entry-level position, that you are applying for.

Immigration Law Books
The successful practice of immigration law depends on having immigration statutes and regulations readily available. Immigration attorneys need look no further than Patel's complete reference library for their primary resource needs. Patel's library consists of (4) books: The Whole ACT—INA (Annotated), 20/22/28 CFRPlus, 8 CFRPlus, and Patel's Citations of Administrative Decisions under Immigration and Nationality Laws. Each book contains a detailed topical index, is annotated and is updated annually to reflect the latest changes in regulations. These four books constitute an indispensable library of primary resource materials for any immigration practitioner. For more information or to purchase these books see here.

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Letters to the Editor

Dear Editor:
It seems awfully ironic that the band of people ferociously advocating free trade and globalization in the name of efficient global markets and capitalism, regardless of the costs to the environment or potentially devastating effects on developing nations, are often the same people that oppose immigration (which comes mostly from those developing nations) and therefore oppose globalization of a key component of economic growth: labor.

Name Not Provided

Dear Editor:
I read with amusement the letter to the Editor sent in by Elise Hines concerning her husband's deportation, her praise for three ILW.COM referred lawyers, and her obvious contempt for other lawyers and the system of American law in general. At first I thought this story was a joke. But the only joke appears to be Ms. Hines' naive expectation that justice is truly blind and that justice ignores the law. Regardless of what immigration lawyers who work for free and who do not have case responsibility (Monday morning quarterbacks), I believe Ms. Hines should just accept the fact that her beloved husband is a liar, a cheat, a fraud and a con man. Imagine, with a phony token in Las Vegas casino, trying to get rich quick on someone else's "nickel". Then, imagine that same person falsifying a birth certificate...then obtaining a Social Security number, holding himself out to be a US citizen, and . . . (drumroll) . . . voting. Does not Ms. Hines know that this in and of itself is ground for deportation under the laws of the United States of America, which her husband should have been following and not breaking? Ms. Hines says she feels "violated and victimized", but it is the US, its citizens and every foreign national that has followed US immigration law to obtain their right to remain in the USA who are the victim of her husband's deceit and utter contempt for all aspects of law and right. Ms. Hines' husband can "consider" himself an American all he wants, but I, for one, am happy to see the system finally caught and deported a cheater. It proves that indeed there is sometimes, somewhere, such a thing as justice.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
The Migration Policy Institute issued the following press release.,0911-mpi.pdf.

Ana Claros
Migration Policy Institute

Dear Editor:
The National Immigration Forum issued the following press release.

Members of Congress and advocacy organizations that want to reduce legal immigration are using the second anniversary of the September 11 terrorist attacks to drum up support for nativist immigration policies. However, as they try to drive a wedge between the native-born and immigrants, it is important to remember that immigrants are part of the fabric of our nation. Like everyone else, immigrants were devastated by the events of 9-11; and like everyone else, they have been critical contributors as America defends herself and recovers from the attacks. Immigrants Were Among The Heroes And Victims Of 9-11: According to the U.S. State Department, an estimated one out of every six people to perish in the World Trade Center was foreign-born or held citizenship of another country -- some 494 victims from 90 countries. As firefighters, police, paramedics, steelworkers, doctors, and volunteers, immigrants were among the ordinary people who did extraordinary things to help on that tragic day. Immigrant Workers Were Critical To Rebuilding The Pentagon: The Phoenix Project, which rebuilt the damaged Pentagon in record time, had a workforce in which immigrants from thirty countries were represented. Immigrants from Central America and other parts of Latin America played a critical role in this massive reconstruction effort, and making up approximately 40 percent of the crew, forfeiting weekends and vacations to complete the project ahead of schedule. (See “U.S. Symbol, Latino Muscle; Many Workers Restoring Pentagon Are Immigrants, Proud of Efforts,” Washington Post, April 4, 2002) Immigrants Are Serving This Country in Our Armed Forces and Making the Ultimate Sacrifice: In Afghanistan, Iraq, Liberia, and around the world, immigrants, some not yet citizens, are serving in the military with distinction. More than 60,000 immigrants serve on active duty in the U.S. Armed Forces and make up nearly 5 percent of all enlisted personnel on active duty in the U.S. Armed Forces. Nearly 7 percent of U.S. Navy enlisted personnel are immigrants. Approximately 109,400 Hispanics serve in the military as enlisted personnel, with an additional 7,700 officers. There are approximately 3,500 Arab Americans serving in the armed forces. Immigrants Have Made Significant Contributions To The Defense Of America: More than 20 percent of the recipients of the Congressional Medal of Honor in U.S. wars have been immigrants (716 of the 3,406 Medal of Honor recipients); 39 recipients have been Hispanic. Half a million immigrants fought in the Union Army during the Civil War. A special regimental combat team made up of the sons of Japanese immigrants was the most decorated of its size during World War II. Major U.S. weapons, such as a more advanced ironclad ship, the submarine, the helicopter, and the atomic and hydrogen bombs were developed by immigrants. As the nation continues to recover and rebuild, we should be standing shoulder to shoulder to bring our nation together, ensure national security, and build unity out of our diversity.

Douglas G. Rivlin
National Immigration Forum

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Marc Ellis, Gary Endelman

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