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Immigration Daily March 10, 2004
Previous Issues
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Editor's Comments

The Foreign Born In The US Labor Force

President Bush's immigration reform initiative has raised questions on the participation of the immigrants in the US labor market. Today's Featured Article by the Migration Institute, an independent, non-partisan, and non-profit think tank presents information on foreign-born workers based on census and survey data. For the item, see below.


ILW.COM Focus

Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL

The curriculum for our new seminar "Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL" is as follows:

FIRST Phone Session on March 24:

Applying for Visas - Are the Procedures Still the Same?

  • Third Country National Visa Processing in Canada and Mexico

    • i. Update on Canada and Mexico
      ii. Can TCN’s still apply?
      iii. Can List of 26 or T-7 TCN’s still apply?
      iv. Changes to the Automatic Revalidation Rule – what happens if the visa is not issued – is my Client Stuck Outside the U.S.?
      v. When should you Consider Border Post in Canada/Mexico over Processing in Home Country?
      vi. TCN E-1/E-2 Treaty Trader and Investor Visas Applying for Visas in Home Country
  • Applying for Visas in Home Country
      i. Mandatory Interviews
      ii. Personal Appearance Waivers, Appointments and Timing
  • Visa Revalidation through the Department of State – is this still a viable option?
  • Importance of Reviewing Forms DS-156 and 157
  • What Documents Should Your Client Bring To the Consulate?
  • Where can Applicants from List of 26 or Terrible 7 countries apply?

SECOND Phone Session on April 22:

Navigating Through the Maze of Security Checks and Special Issues that Warrant Attention

  • Data Sharing
  • Visas Condor Checks for Applicants from Predominantly Muslim countries or countries of concern
  • NCIC Checks and Hits in the Database – remember that DUI or pot conviction or petty theft arrest from 30 years ago?
  • False Hits for Individuals with common names
  • Visa Restrictions for Citizens and Nationals of State Sponsors of Terrorism - Section 306 of the Border Security Act
  • The Impact of Biometric Identifiers and new technologies

  • i. Biometrics in US visas – how does this impact visa processing?
    ii. US VISIT
    iii. Biometric requirements and the Visa Waiver program
  • IPASS
  • Memorandum of Understanding between the DOS and DHS
    • i. what does this mean for visa processing?
  • Special Visa Processing Issues
    • i. Applying for a B-1/B-2 after a Visa Waiver refusal
      ii. Applying for a visa after failing to register on departure from the U.S.
      iii. Unlawful presence and 222(g) concerns
      1. applying for a visa after a layoff situation
      2. 222(g) versus 3/10 year bars

    THIRD Phone Session on May 13:

    Visas Mantis Hits and the Technology Alert List – Why Scientists, Academics, Researchers, Engineers and Hi-Tech Professionals Should Be Concerned

  • What is the TAL?
  • How does it impact foreign nationals?
  • Why should I be worried about it?
  • What Should I do if it looks like my Client Will be Subject to TAL
  • What Kinds of Documents Should I Bring?
  • What Can I Do if my Client is Subject to the TAL?
  • What Can I Expect Once My Client is Back in the US?
  • The Related Issue of Export Controls
    • i. Why is this important now?
      ii. What is a deemed export?
      iii. What sorts of technologies are covered by export control regulations?
      iv. Applying for a License
      v. Basic compliance procedures that every company should have

    The deadline to register is Monday, March 22nd. For more info, including detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/march2004.shtm. (Fax version: http://www.ilw.com/seminars/march2004.pdf.)


    Featured Article

    The Foreign Born in the US Labor Force: Numbers and Trends
    Elizabeth Grieco of the Migration Policy Institute writes "President Bush's initiative on immigration reform has raised questions about the participation of the foreign born in the civilian labor market of the US."


    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: http://www.ilw.com/seminars/

    Immigration Law News

    White House Responds To Immigration Reform Legislation Query
    White House Spokesman McClellan responded to the question, "given that both the House and the Senate say they will not take this up, what is the President going to do to move forward on [immigration reform legislation]?"

    Deportation Without Constitutionally Adequate Notice Remains Unconstitutional, Whether Protested In Advance Or Not
    In Andia v. Ashcroft, No. 02-70648 (9th Cir. Mar. 2, 2004), the court said that the IJ could not, as a matter of discretion, create a time limitation for motions to reopen in absentia orders based on lack of notice. The court also said that any deportation without constitutionally adequate notice of the deportation hearing remained unconstitutional, whether protested in advance or not.

    Prevailing Wage For Parochial And Public School Teachers Is The Same
    In the Matter of St. Augustine's School, No. 2002-INA-266 (BALCA, Feb. 24, 2004), the Board of Alien Labor Certification Appeals in deciding a prevailing wage dispute said that the nature of Employer's business as a parochial school was irrelevant and other than the additional element of the religious instruction, there was nothing in the record suggesting that the skills and knowledge required for the classroom teacher position was any different than those of a public sector elementary school teacher.

    Sierra Club To Vote On Adding Limits On Immigration To Its Agenda
    USA Today reports "The Sierra Club, the nation's oldest and arguably most influential environmental group, is being targeted by activists who want it to lobby to limit immigration in addition to its traditional work protecting the environment."

    Immigration And Gay Marriages
    The Boston Globe reports "A bill in Congress would add "permanent partner" to the Immigration and Nationality Act wherever the word "spouse" appears, but it has drawn criticism and isn't likely to go anywhere while Republicans are in power."


    Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info: http://www.ilw.com/membership/

    Classifieds

    Help Wanted: Legal Assistants
    Leading immigration law firm, Tindall & Foster P.C., seeks qualified legal assistant applicants for its Texas offices in Austin and Houston. Positions require a university degree, strong writing skills, and Word, Outlook, Excel and Access proficiency. Foreign language fluency and immigration experience preferred. Training provided. Nonsmokers desired. We offer a competitive salary + benefits package (incl. paid parking). Austin applicants: Email resume to Robert Loughran at: rloughran@tindallfoster.com. Houston aplicants: Email resume to Kathryn Vidal at: kvidal@tindallfoster.com. Alternatively, resumes can be mailed to Personnel, 600 Travis Street, Suite 2800, Houston, TX 77002 (please indicate desired location). No calls please. EOE.

    Help Wanted: Experienced Immigration Specialist And Entry-Level Paralegal
    Greenberg Traurig, a large international law firm, has openings in its Tysons Corner, VA office for 2 positions: an experienced immigration specialist and an entry-level paralegal. Both positions require a Bachelors degree and a minimum 2+ yrs of experience in the immigration field. The experienced immigration specialist should have previous experience managing caseloads with a high degree of independence. Both positions require strong organizational, written, computer and verbal skills. Fluency in Spanish preferred. Excellent benefits and compensation package offered. Send resume + cover letter, including salary requirements by (fax) 703-714-8378 or (email) tcohire@gtlaw.com. Please state the position (experienced or entry-level position) that you are applying for.

    Credential Translation And Evaluation Service
    Are you looking for certified translations for immigration purposes? American Evaluation and Translation Service, Inc. (AETS), a corporate member of the American Translators Association, provides certified translations in over 100 languages. Since AETS primarily caters to law firms and universities, AETS' linguists, all of whom either have Master's degrees or more than five years of translation experience, are experts in the field of immigration-related translations. Why entrust anyone else with such important documents? Contact AETS today for a free quote. For a copy of their Application for Translation Service, please click here: http://www.aetsinternational.com/ApplicationForTranslationService.pdf. Or you may contact AETS at (786) 276-8190, send an email to translations@aetsinternational.com or simply fax the documents to (786) 524-0448 or (786) 524-3300. AETS provides Educational, Work Experience and Position Evaluations. For more information, please visit the website at http://www.aetsinternational.com or call (786) 276-8190.

    Immigration Law Books
    Reserve your 2004 copies now. No immigration attorney should be without a complete, up-to-date reference library for all his/her primary resource needs. The 2004 edition of The Whole Act – INA, provides annotations, footnotes, editorial notes, updated Topical Index with a separate Index of Appendices, and 49 Appendices, to help both novice and experienced practitioners alike efficiently navigate the complex labryinth of immigration statutes. The 2004 edition of regulations in 2 volumes (both immigration regulations – 8 CFR – and all immigration-related regulations of the DOL, DOS, and DOJ) includes the latest changes in the regulations + handy and most detailed Topical Indices for each. The 2004 edition of Patel's Citations, covering the history and treatment of all reported administrative precedent decisions under immigration and nationality law, keeps you abreast of the status and standing of all such immigration citations (e.g., reversed, affirmed, modified, followed or not followed, criticized, distinguished, etc.). This entire reference library consisting of the Act, Regulations, and Citations, is an indispensable reference tool that you will reach for day after day. Reserve your 2004 editions now. We offer a 30-day money-back guarantee. If you're not satisfied with your purchase within 30 days of receipt, you can request a full refund - no questions asked. The 2004 editions will arrive hot off the presses (target publication March 2004). For more information or to reserve your pre-publication advance copies see here.

    We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
    For information on advertising in the classifieds please click here

    For a listing of current immigration events please click here
    For services/products of use in your law practice please click here


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    Paul M. Isel, Attorney at Law
    Hollywood, California

    Editor's Note: Most of the news item links that we provide do not require registration in order to view the article. However, many reputable news sites such as the New York Times do require registration and we do occasionally include registration-required news links.


    An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

    Editorial Advisory Board
    Marc Ellis, Gary Endelman

    © Copyright 1999-2004 American Immigration LLC, ILW.COM


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