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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Asst. Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
Gary Endelman, Esq., Columnist
Joel Stewart, Esq., Columnist
JUNE 29, 2000
Editor's Comments of the Day
Federal Register News of the Day
Congressional News of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
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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.

Editor's Comments of the Day

A common misconception is that an employee who is waiting for his green card is required to work for the petitioning employer. There is nothing in the law which requires this. The labor certification process is prospective. It is based on what the person will do at the time he gets the green card, not what he is doing while the process is going on. Given the problems with the cap on H-1Bs and the delays in processing a company could make a decision that it did not want to file for an H-1B, but it still would be willing to obtain labor certification and get an I-140 approved to allow someone to enter as an immigrant to fill a position. The alien does not need to work in the job while the process is going on, but he does need to fill it at the time he gets permanent resident status. Some consider H-1Bs to be a form of indentured servitude binding the alien to an employer. The reality of the business world may be that an employer would not continue the labor certification process for someone who is not a current employee. This is a business decision. It is not the law.

Federal Register News of the Day

Comment Request for N-400
The INS is extending for 60 days the period for public comments on the information collected on the Application for Naturalization N-400. Comments will be accepted until August 28,2000.

Congressional News of the Day

House Committee on the Judiciary to Meet
The House Committee on the Judiciary will meet Thursday, June 29, 2000, for the markup of H.R. 2883, the "Adopted Orphans Citizenship Act."

Witness List For Subcommittee on Immigration and Claims Hearing to Evaluate the "Religious Worker Visa Program"
The House of Representatives, Subcommittee on Immigration and Claims, will hold an oversight hearing on "Evaluating the Religious Worker Visa Programs" on June 29, 2000. Witnesses scheduled to testify are Mildred Patterson, John Brennan, Thomas Cook and Jess Ford.

INS News of the Day

ILW.COM invites the submissions of correspondence about matters of immigration law from government agencies. Submissions may be published. Please send to

ILW Featured Article of the Day

ILW.COM invites the submission of articles about immigration law from attorneys, paralegals, foreign student advisors, human resources personnel, scholars and those whose lives have been effected by the laws.Please send articles to

Immigration News of the Day

Supreme Court Refuses to Hear Gonzalez Family Appeal
CNN reports that the US Supreme Court refused to hear an appeal or to grant a request for a stay filed by the Miami relatives of Elian Gonzalez.

Rise in Criminals Sent Back to Britain
The Guardian Unlimited reports that the number of convicted criminals deported to Britain from the United States has doubled in the past two or three years due to the surge in the American prison population coinciding with the effects of the 1996 US Anti-Terrorism Act and reform of US immigration laws.

ILW Highlights of the Day

ILW.COM Launches Advocacy Page
Visit ILW.COM's newly launched Advocacy section!

ILW.COM Chats and Discussions of the Day

Chat with Kevin Levine, Esq.
Attorney Kevin Levine will answer questions on all aspects of immigration law Thursday, June 29, 2000, at 9:00 p.m. ET.

Letters to the Editor

Fugitive Slave Act
Dear Editor:

I found your June 27 editorial (footnote 1) saying that Elian "can resume life as a little boy instead being the subject of international attention." quite disturbing.

It is true that in Cuba each child has a technically "normal" life when compared to the situation of most other children on the island. Normal however is not natural, for in such life in Cuba the state takes control of every child's life, and in Cuba every child and every ordinary person is by Cuban government decree a chattel of that country's authorities. (Read the whole letter here).

We encourage correspondence on any immigration related matters and comments on the ILW.COM site. Send letters to Letters may be edited for clarity, legal and space considerations, and may be published and otherwise used in any medium.

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