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Immigration Daily November 7, 2003
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Editor's Comments

Labor Cert Basics

An important lesson can be learned from the simplest of cases. The BALCA case that appears in today's Immigration Daily is a case in point. In the Matter of V/H Electrical General Maintenance, No. 2002-INA-215 (BALCA, Sep. 30, 2003) (see below), the Employer rejected an engineer for an electrician position on the basis that he was overqualified. BALCA in stating that labor certification was properly denied, reiterated the basic rule that even if an applicant is overqualified, he's qualified. For an attorney not familiar with labor certification, this is an excellent primer. For HR professionals, this decision highlights the importance of retaining competent counsel. An excellent way to find a labor certification practitioner is to use our find a lawyer feature, selecting labor certification as the desired area of interest.


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Immigration Law News

Over-Qualified Job Applicant Must Be Considered For Job Opportunity
In the Matter of V/H Electrical General Maintenance, No. 2002-INA-215 (BALCA, Sep. 30, 2003), the Board of Alien Labor Certification Appeals said that even if an applicant's educational or experience level greatly exceeds the Employer's requirements, a job applicant who is found to be minimally qualified must be considered for the job opportunity.

Threat To Kill President Bush Lands Lawful Permanent Resident In Deportation Proceedings
ICE announced it commenced proceedings to remove a German national and lawful permanent resident from the US for threatening the President's life.

The November 5, 2003 issue of Immigration Daily incorrectly stated the agency issuing the Immigration Bond, Form I-352 Comment Request. The correct agency is ICE, not USCIS.

DOS Seeks Comments
The Department of State sought comments on Form DS-3032, Choice of Address and Agent for Immigrant Visa Applicants.

Walmart Acknowledges Target Letter Receipt
The Washington Post reports "Federal officials said at the time that wiretapped conversations suggested that Wal-Mart executives knew the contractors were using undocumented workers, but the target letter is the first official confirmation that Wal-Mart could face criminal charges and possible fines of up to $10,000 per illegal worker."

ICE Raid On Small Businesses Results In 30 People Detained
The San Francisco Chronicle reports "Federal and state agents fanned out across Northern California Wednesday, raiding several dozen convenience stores, fast-food restaurants and other businesses owned by a 50-year-old Pleasanton man and detaining 30 people on suspected immigration violations, authorities said."

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Letters to the Editor

Dear Editor:
I understand that Mr. Ranger needs to express his own feelings trying to justify his presence in my land and the land of my ancestors Native Americans. His rhetoric will never wash our blood which was spilled on our soil when they came to conquer my people and our land. The history will always hunt the conscience of those that today, knowingly do not want to recognize that what was done against my people was wrong and was an invasion. Today they feel like they're in a position to cast stones on the ones that made to this land as if they belong here themselves more than anybody else. There is no envy in my heart or hatred feelings. I am just laying the facts that before my people Mr. Ranger deserves to be here as much as the Mexicans do. I am a well established citizen of my nation and feel no envy against "prosperity built on deep basis of injustice". We have rules that respect the balance of the whole planet Earth and not only our own interest. I also should say that most of the Mexicans are descendents of Native Americans also and it does not matter how much time will pass, the reality will always be: Do to others what you want them do to you. If Mr. Ranger wants me to accept his presence here (every person needs acceptance one way or another) he should look back in history and realize that now is too late for him to try to take a landlord position, because history tells us that it was an invasion that brought the pallid faces here and not an invitation or a Native American amnesty given to the Europeans. Please Mr. Ranger, look at the global situation today and you will understand that once someone's foot is on this land, and the person intention is not to do harm to us, as your ancestors did, but to have a chance to survive on this planet, they deserve the same respect you are trying to get from me. You will get the same respect if you find the papers from my ancestors inviting your ancestors to come here. Otherwise, you have the moral obligation to help closing the borders but also change the immigration legalization process in order to integrate the people that are already here, being productive and trying to survive as your ancestors did, as well as to create a solid guest work system that will stop the border's jumping frenzy. No hatred messages Mr. Ranger, just facts.

Erick Seven Hawks

Dear Editor:
As for the reference below, the USCIS sought comments on Immigration Bond, Form I-352, this is not USCIS, but ICE as was clearly denoted on the Federal Register notice itself and on our "What's New?" list of Federal Register announcements.


Editor's Note: We thank our eagle-eyed reader. Please see our Errata above.

Dear Editor:
Honza J. F. Prchal hits the nail right on the head. Bona fide political asylum is justified, and even required, in a civilized world, but somewhere the sympathetic line of demarcation for the unfortunates of humanity must be drawn in the sand (no pun intended to Iraq). No country can absorb the entire brunt of the suffering population of the world, as much as we might like to. The question I posed in my previous letter was, just because Mrs. Alvarado somehow managed to get "dry feet" (as the Cubanos call it), why should she, as an allegedly battered spouse, be singled out and given preference over bona fide political refugees in Africa or Korea, who hunger for the taste of freedom, denied them by ruthless and despotic dictators, not just a better economic life, or life away from an abusive husband, does not the door to Mrs. Alvarado's house swing both ways? Evidently it did, she left and came to the US - my question was, why the US, why not some place closer to home, where they speak her language, rather than a totally different culture and language? Well, the answer is, because the US lies at the end of the rainbow, right next to the pot of gold. And as long as the gold is here, they will come. The US cannot solve the problems of the entire world, not even one individual at a time. I feel a great deal of compassion for Mrs. Alvarez and others like her, both in the US and throughout the world. But the line must be drawn in political asylum, or you get what we have now, an overburdened and abused system. Chinese asylees anyone? Immigration lawyers and consultants in California will know what I mean. Yes, Mr. Prchal is correct about my assertion that political asylum should offer extraordinary relief in extraordinary times, not to provide the US as a dumping ground for every malcontent or mistreated person in the world. And if one, why not them all, I had asked, rhetorically, with tongue in cheek. And I wonder, just where Mark Trop believes the clog will occur in the "valve" because as Mr. Trop says " . . . the problems are not really resolved when we scream about the abuse of too much asylum." But for now, I believe we should close the valve and tighten our overly abused immigration system. Rewrite the laws to make them work for the US. Let law-abiders in and keep law breakers out. Respond to the needs of the times. Satisfy the needs of employers through lawful immigration and punish the scofflaws, both employers and aliens alike - don't discriminate. The US does not need illegal workers, it needs legal workers coming through a cogent immigration system of law that allows needed immigration. And don't repeat 1986, when the amnesty failed in its goals, but instead overburdened the immigration "system" to the point where it may never physically recover. Too simple, isn't it? Nothing in life is simple, not while immigration is a political football. Tennis, anyone?

David D. Murray, Esq.
Newport Beach, CA

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