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Immigration Daily

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Immigration Daily December 30, 2003
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Editor's Comments

Reasoning Behind LC Overhaul

In January 2002, PriceWaterhouseCoopers conducted a Management Review of DOL's labor cert program. This taxpayer-paid Review (curiously marked "Not for Circulation") contains the basic arguments on the basis of which DOL decided to switch to a Centralized "Service Center" concept for processing labor certs, and for which it has sought an unprecedented $100 million from Congress. This sum is likely to be appropriated to DOL when Congress reconvenes in January, and we can expect DOL's backlog reduction program to kick into high gear soon thereafter. DOL has already solicited responses to its RFPs for a Centralized contractor, and its contractor selection process is likely in its final stages at this time. While attorneys will feel the effect of the new way of doing business at DOL in 2004, this document may help attorneys chart a strategic course for their clients by helping understand the reasoning behind DOL's moves. For the document, see below.


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Featured Article

VisaScreen: Visa Credentials Assessment
Judith Pendergast of CGFNS discusses some frequently asked questions about VisaScreen.

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Immigration Law News

DOL/ETA's Management Review By PriceWaterhouseCoopers Of Labor Cert Program
DOL/ETA has provided the Managment Review of the Permanent Labor Cert process by PriceWaterhouseCoopers on which it contemplates implenting a massive backlog reduction program in 2004.

DOS On Haitian Migration
The Department of State released a fact sheet on deterring illegal migration from Haiti.

Adopted Foreign-Born Children Face Lengthy Delays To Obtain Citizenship
The Salt Lake Tribune reports on "the federal government's lengthy delays in granting citizenship status to adopted foreign-born children."

Movies Always Depict Chinese As Villains
The Honolulu Star-Bulletin reports on stereo-types for Asians in American movies.

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Letters to the Editor

Dear Editor:
A minor point, but in Immigration Daily's December 29th issue "Air Force Officer Receives Gift Of Naturalization" you refer to the airman who got citizenship as an "officer" -- the press release you linked to doesn't give his rank and, as far as I know, green-card holders are not permitted to be officers, only enlisted men.

Mark Krikorian

Editor's Note: We thank you for bringing the error of referring to the Airman as an "officer" to our notice. We have made the correction in our archives.

Dear Editor:
In Immigration Daily's December 29th issue you write "Air Force Officer Receives Gift Of Naturalization". The USCIS issued a press release describing the military naturalization awarded to a military officer for his service in the Air Force." I must make you aware that these statements are incorrect. Citizenship is a prerequisite to receive a commission as an officer in the U.S. military. While permanent residents, or Green Card holders, do serve in the military, and in many cases do so with great distinction, they do so only as enlisted personnel, not officers. The USCIS's press release that your website refers to even states that having been awarded citizenship, the fellow in question will now pursue becoming a dentist in the Air Force as an officer. Now being a citizen, he will seek a commission as an officer, as well as being a dentist in that capacity, but citizenship was not granted to an officer, it was granted to an enlisted soldier who intends to become an officer. Your headline is misleading and incorrect. This subject is near and dear to me, being a West Point graduate and foreign national myself who was barred from a commission as an officer in the US Army because of the citizenship prerequisite.

Andrs Chaves Sanz

Editor's Note: We thank you for bringing the error of referring to the Airman as an "officer" to our notice. We have made the correction in our archives.

Dear Editor:
In regards to the letter from Lynne Barrows of 12/24/03, I guess my letter of 12/23/03 wasn't clear. I wasn't trying to make a link between illegal workers and national security. I was trying to point out to Mr.Randolph that, in my humble opinion, probably none of the "9/11" hijackers was ever in a legal status. They may have had documents issued by the "legacy" INS, but they were obtained through fraud. In response to Ms. Barrows' letter I was merely trying to say that we could survive without illegal labor if we wished to do so. I'm not sure where Ms. Barrows got the figure of ..."14,000 migrant workers" employed in Maine in 2002, but I assume that includes people from Maine and from other states who fall under the definition of "migrant", not necessarily "immigrant". That includes the native-born who come for, or move around in Maine for, the blueberry, potato and apple harvests, for example. According to the Office of Policy Planning of the old INS, in January of 2003 Maine had slightly fewer that 2,500 illegal aliens. I just don't see them when I go to hotels, restaurants, stores or whatever. (Yes, it's possible I might not recognize them all, but after almost 27 years with INS, I can recognize a fair percentage of them.) We're surviving without large numbers of them. It can be done. Ms. Barrows also asks, rhetorically I guess, "What other solution is there?" than to "legitimize" the lives of the illegal aliens here or to devise an "employment based permit" system for them. It seems to me that there are a number of "solutions" but probably few that would appeal to Ms. Barrows. I realize that we're not going to deport all the illegal aliens in the country, but I don't think that knowledge is sufficient justification to "legitimize" all those who are here illegally. Having worked on the border in 1986 when the first amnesty was granted, I have little confidence that a new amnesty or legitimization or whatever you want to call it will solve the problem. I'd be much more willing to talk about some limited amnesty or whatever after the borders are secure. If we don't secure the borders, we'll be having the same discussion in ten or fifteen years when there is another 8 to 12 million illegals aliens in the country.And does this "legitimization" process include background checks and physical exams of all those who are legitimized? If so, who's going to do that? DHS is no more equipped to do several million background checks and process several million applications than INS was; it's basically the same outfit with a new name. The polls say that I'm in the majority, but if we're ever going to reach a "solution" to the immigration mess both "sides" have to admit that the other side has some valid points and try to find some middle ground.

John H. Frecker
Baileyville, ME

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