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Immigration Daily December 10, 2003
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Editor's Comments

Not All H-1Bs Are Created Equal

Gary Endelman's article, "Not All H-1Bs Are Created Equal", has provocative ideas on the current H-1B debate. With the H-1B numbers likely to run out in the coming months, his points may be particularly relevant. A small excerpt from his article:

We need neither more nor less H1Bs but a different kind of H-1B. Why should all H-1Bs last the same amount of time? What is the economic rationale for such uniformity? Do all sectors of the economy and all regions of the nation need the same number of H-1Bs at the same time and for the same validity? If the three year or six year limit makes economic sense, we should keep it. If, however, it does not, what is there to say that we violate natural law by changing it? Take the Conference Board, the Bureau of Labor Statistics, whatever set of numbers you like, and hold them up before God and everybody. In those places where it is hard to attract H-1B talent, or for those occupations that are growing and creating new jobs for Americans to fill, make the H-1B longer and give them more of the H-1B quota. Correspondingly, if a region has no need of imported expertise, or if an industry is stagnant or has even fallen back into negative growth, then cut back on the validity of the H-1B approval or even ban it entirely until growth resumes or at least rises to whatever level Congress deems acceptable. The whole point, indeed the sole justification, for having the H-1B, or any other employment-based visa, in the first, last and only place is to serve the economy. Let the economy decide who gets the H-1Bs and for how long.
To read Mr. Endelman's entire article, see below.


Entry/Inspection Issues - Telephonic Seminar

ILW.COM's new seminar "By Air, Land And Sea - When The POE Becomes A Brick Wall" will cover matters connected to Ports of Entry. The three telephonic sessions will discuss current developments in the entry process and how to get in, Canadian and Mexican borders issues, and problems which may keep people out. The seminar is offered by phone, so law offices around the country can participate. It is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the distinguished practitioners on the panel - Edward Litwin, Peter Larrabee, Tien-Li Loke Walsh, Jeanne Malitz, Timothy Murphy, William Reich and several others to be announced. The deadline to register is Tuesday, December 16th. For more info, see: (Fax version:

Featured Article

Not All H-1Bs Are Created Equal
Gary Endelman writes "We want a seamless movement of trade and ideas across national boundaries but seem to believe that people must stay behind. Give us your money and intellectual capital, but be sure to remain where you are!"

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Immigration Law News

USCIS Guidance Memo On Extension Of Status For Conditional Residents With Pending I-751 Forms
William Yates, USCIS Acting Associate Director of Operations issued a memorandum to all interim regional directors, service center directors, and USCIS district directors on the extension of status for conditional residents with pending I-751 forms.

DOS Responds To Query On Saudi Cleric's Revoked Visa
During a Department of State briefing, DOS Spokesman Boucher responded to a question on the recent A2 visa revocation of a Saudi cleric.

Indefinite Detainees Who Post Bond May Never Receive Refund
The Star-Telegram of Texas reports "Some bail bond agents and lawyers in Tarrant County are collecting thousands of dollars from jailed immigrants who cannot be released because the federal government has placed an immigration hold on them."

Expired I-512 Leads To Bar From Reentry Into US
The New York Journal News reports "A short trip in September to comfort [Mestres Moskovitz] parents after the death of an aunt has turned into a bureaucratic nightmare over expired travel papers, and Mestres Moskovitz has been barred from re-entering the United States.

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Letters to the Editor

Dear Editor:
A few weeks back you published a link for a recently issued glossary of agency names and acronyms, which is sorely needed for those of us who are trying to keep abreast of recent US government agency reshuffling. I tried the link at that time and hit a dead end. Is the glossary still available? Thanks, and keep up the great work.

Marc W. Mellin, Spanish Translator
Naranjo, Costa Rica

Editor's Note: Here's the link to the USCIS Glossary of Terms. Hopefully, it will work this time.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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