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Immigration Daily September 18, 2003
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Editor's Comments

Offshoring And Legalization

Two of the salient immigration matters currently live on Capital Hill are the L visa and legalization. The Arizona Republic today reports that Sen. Kennedy (D-MA) and Sen. Craig (R-ID) will be introducing a legalization bill geared only towards farm workers. This stands in marked contrast with two Republican bills (by Sen. Cornyn and Rep. Kolbe) which are much more far reaching. As we have written before, the legalization juggernaut has begun to move and some legislation may be in the offing for 2004. Offshoring is a major concern across America today, and like it or not, Congress confuses this issue with immigration, particularly the L visa. As an article in Eweek (see below) says, Sen. Chambliss (R-GA) is expected to introduce a bill on the L visa which while restrictive is less so than previous bills. Today's Featured Article "Passage to India: IT Offshoring and How America Can Respond" by Gary Endelman raises some novel issues concerning offshoring which will be of interest to our readers.


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Featured Article

Passage to India: IT Offshoring and How America Can Respond
Gary Endelman writes "Not only our productive muscle, but our very ability to dominate the information age, seems to be under serious question for the first time. How can America respond?"

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Immigration Law News

September 17th Is Declared Citizenship Day
The Bureau of Citizenship and Immigration Services released a citizenship day fact sheet which included information on the mission and role of the new Office of Citizenship.

BALCA Says Programmer/Analyst And Computer Programmer Are Not Same Positions
In the Matter of Technosoft, No. 2002-INA-241 (BALCA, Aug. 22, 2003), the Board of Alien Labor Certification Appeals said that the results of the survey presented by Employer to establish prevailing wage were not helpful because Employer should have used the same position as that in ETA 750A, that of programmer/analyst and not computer programmer.

Alien's Removal Requires Country Of Removal's Acceptance, 9th Circuit Grants Class Certification To Somalis
In Ali v. Ashcroft, No. 03-35096 (9th Cir. Sep. 17, 2003), the court found that under 8 USC 1231, the US could not remove aliens to Somalia because it did not have a functioning government to accept them. The court affirmed class certification to all Somalis similarly situated.

Schwarzenegger Continues To Defend His Immigration Record
The San Jose Mercury News reports "Arnold Schwarzenegger [] defended his stance on immigrant-rights issues, including his opposition to driver's licenses for undocumented workers, and slammed the court opinion possibly delaying the recall election."

Congress To Examine Foreign Worker Visa Programs reports "Sen. Saxby Chambliss (R-GA) will introduce a bill crafted to close loopholes in employment visa laws, which he says allow companies to hire foreign employees and outsource them to other companies."

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Help Wanted: Academic Program Manager
The University of Southern California Office of International Services (USC) seeks a Program Manager (Director, Faculty/Staff Visa Services) to assist academic, research and service units in the hiring process for nonimmigrants. The ideal candidate will ensure that USC is in full compliance with all relevant state and federal regulations; advise both hiring units and current and prospective nonimmigrant employees on filing procedures; and maintain currency on applicable laws, regulations and filing procedures for alien employment and employment-related permanent residence application. The incumbent will provide advice on university-employment-related immigration matters; interview prospective alien employees as well as employing unit personnel to develop appropriate hiring strategies; and consult with outside legal counsel in complex immigration-related legal matters. A working knowledge of Microsoft Office (including Excel, Word and PowerPoint) and Immigrant Pro is required. Travel to off-campus meetings and conferences will occasionally be required. Minimum Qualifications: Bachelor's degree with 3+ years of directly related professional and supervisory experience in an immigration law practice or a higher education/research institution immigration service office. To apply, go to and begin your application by submitting reference req. #16774 under Search/Apply for a Job. AA/EOE

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.

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Letters to the Editor

Dear Editor:
I'm tired of hearing bleeding hearts pandering to the interests of the "illegal alien". Illegals have violated the law and contrary to the assumption of Name Not Provided's letter, illegal aliens are not "law abiding". The other premises set forth therein are so tenuous as to deserve no reply, however, Name Not Provided's illegals offer nothing to the USA except people who have no respect for the law of the land, and no country can function that way. (Not even Mexico, and Mexico is a good example of how a government that does not respect its own law and people is sure to fail, and has). Name Not Provided must understand that it is simply impossible to start with a faulty premise and reach a logical conclusion, regardless of how genuine the heart may be. But here's an idea. Deport, or at least deny all "illegal aliens" any legal status in the US. Then, petition the world for people who would like to fill the jobs the illegals are now filling. Sanction employers, really sanction them, for employing illegals (no mollycoddling like under IRCA of 1986, which is useless), and let the law abiding people now residing in other countries, who have not violated US immigration laws, come to take the jobs the illegals are now filling through a well designed guest worker program. Radical, huh? No rewards for anyone who violates the law and American employers get their needed employees to "do the jobs Americans refuse". Everyone is happy, except the lawbreakers, who do not deserve to be made happy. Let's hear a roaring cheer for legal immigration, which the US needs, and strike a blow against the illegal scoff laws.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
In response to the letter from Name Not Provided where it is asked of Congress to ponder what contributions an illegal immigrant can make, I pose a different question to Congress. Why make those that legally await their turn overseas to enter the U.S. wait even longer by processing thousands of applications for illegal immigrants? OK, one more. Why send a message that if enough illegal immigrants come here, say around 10 million like some estimates hold, then an amnesty will be granted?


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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