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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Editor
Marc Ellis, Esq., Chat Transcripts Editor
Gary Endelman, Esq., Columnist
Joel Stewart, Esq., Columnist
JULY 3, 2000
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
INS News of the Day
DOS 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. Copyright 2000 American Immigration LLC, ILW.COM

Editor's Comments of the Day

According to news reports a man seeking help for an immigration problem and claiming to have a hand grenade held an Archbishop hostage for nine hours before releasing him. Unfortunately too many people have experienced a high degree of frustration with the INS. Outside some district offices people starting lining up at 2:00 or 3:00 a.m.-summer and winter- so they can have an opportunity simply to ask a question or check on the status of a case. Attorneys' offices can spend hours on the telephone trying to get through to a Service Center. Hundreds of thousands of people are waiting for the INS to adjudicate petitions which in many cases have been pending for more than a year. In the meantime they have to put off major life decisions such as having children or buying a house. Employers wait months or in some instances years to fill jobs because they cannot get approval from the INS. There is a high level of frustration in dealing with the INS. Harness that frustration and focus it into productive channels. Join an advocacy group. Write your Congressman. The best response to the frustration is not to look for a target to blame, but to take action.

In observance of the federal holiday there will be no July 4 issue of Immigration Daily.

Federal Register News of the Day

Proposed Rules for the Detention of Aliens Ordered Removed
INS requests comments on proposed rules for the "Detention of Aliens Ordered Removed. " The rule would amend INS regulations by providing a uniform review process governing the detention of criminal, inadmissible, and other aliens, excluding Mariel Cubans, who have received a final administrative removal order but whose departure has not been effected within the 90-day removal period. Written comments must be submitted on or before July 31, 2000.

Cases of the Day

Aggravated Felony Defined by Sentence Actually Imposed
In US v. Guzman, No. 99-4140, (11th Cir. June 27, 2000), the 11th Circuit follows the 3rd Circuit in holding that an aggravated felony is defined by the sentence actually imposed, not which could be imposed.

Congressional News of the Day

Sen. Hatch Introduces a Bill to Provide a Waiver
Sen. Hatch Introduces S. 2812, a bill to amend the Immigration and Nationality Act to provide a waiver of the oath of renunciation and allegiance for naturalization of aliens having certain disabilities

Consideration of Appropriations Bill
The House Considers H.R. 4661, the "Agriculture, Rural Development, Food And Drug Administration, and Related Agencies Appropriations Act, 2001 which contains several INS funding provisions.

Subcommittee on Immigration and Claims Holds Hearings
The House Committee on the Judiciary, Subcommittee on Immigration and Claims began markup of H.R. 2883, Adopted Orphans Citizenship Act. The Subcommittee also held an oversight hearing on "Evaluating the Religious Worker Visa Programs."

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

INS Updates Website with Information on Investigations
In this new document the Investigations Division of the INS explains its role and responsibilities in conducting immigration investigations and enforcing immigration laws.

INS Update on EB-5
Notes provided by the INS to Stephen Yale-Loehr, co-chair of the AILA Investors Committee, provide guidance on the EB-5 category including an update on the Immigrant Investor Pilot Program.

DOS News of the Day

Canada-U.S. Partnership Forum Holds Second Meeting
U.S. and Canadian government officials met with local private and public sector leaders to discuss border management issues on June 22-23 in Vancouver, British Columbia, and Blaine, Washington.

ILW.COM 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

Europe Struggles to Square Immigration Circle
Reuters World News states that Europe's strongly growing economies need immigrants yet its prosperous citizens are wary of immigration. Migrant laborers are streaming into Europe despite all the barriers that governments have tried to erect to block them and they will continue to arrive for years to come, drawn by a growing demand for labor in the European Union as local populations age, economies expand and trade unions and voters do their best to slow the downsizing of their welfare states.

6017 Nigerians Win US Visa Lottery
Africa News Online reports that the US State Department has advised 6,017 Nigerians and 43,985 other winners of the American Diversity Visa Lottery for the year 2001 to immediately apply for immigrant visas.

Archbishop Held For Nine Hours By Man Fearing Deportation
According to the Seattle Times, a man seeking help for an immigration problem and claiming to have a hand grenade took Archbishop Patrick Flores hostage in his office for nine hours before releasing him late yesterday.

Long Legal Battle Broke No New Ground
An article in the Miami Herald discusses a variety of reasons why Elian Gonzalez's case took the INS so long to resolve and eventually ended up in the federal courts.

ILW.COM Highlights of the Day

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ILW.COM Chats and Discussions of the Day

Tell Your Story
Have you had to deal with the INS? Tell you story on our discussion board. Vent your frustration or share your successful strategy.

Letters to the Editor

A Call for Reform
Dear Editor,

Quoting you ...............
A common misconception is that an employee who is waiting for his green card is required to work for the petitioning employer.

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.
............. End Quote.

A couple of points to ponder in a market that changes rapidly:
(1) Which employer is willing to sponsor someone for a green card first? The person whose GC is being pursued may not be useful to the business by the time the process finishes. It is highly unlikely that any employer will pursue this angle.

(2) Since the interest in an employee needs to be current and the future potential of continuing the employment be adequate if not phenomenal, process will necessarily be kept active only if the employee continues with the employer.

Given this, a green card process will necessarily be started and kept alive only for those employees that a business values. And since the risk of terminating the employment and the green card process is constantly imminent, attributing H1B employment to indentured servitude seems justifiable.

To ensure that the process and people are not abused and to really achieve the goals of fair employment, equal opportunity etc., it is imperative to revamp the employment based green card process for US to maintain competitive edge. While, a lot of opinions have been aired on what is a fair process, from the perspective of one who has endured this process in the recent past, here come a few words of wisdom:

(0) Quotas for employment-based immigration should be eliminated. Numbers should be driven purely by the market. Over a period of time, this type of immigration will lose its demand.

(1) H1B - truly temporary employment with a finite time limit (say 3 years - to be set in stone): People coming for this type of employment must be offered mobility in choosing employer/location, spared from paying social security and any other taxes that immigrants cannot benefit from. Should this person change his/her mind about temporary employment, he/she will have to pay the taxes in arrears (say with interest) to be considered for a conversion to GC.

(2) Direct GC: Sponsoring employer establishes intention to keep the immigrant employed for at least ?? years (pick a small number) and then allow the employee to go out to open-market employment. Any abuse by the employer (not paying correct wages, etc.) will allow the immigrant to go for open market employment without affecting the status. Will pay all defined taxes.

Simplest form and my gut is that it will be very effective.

It cannot simply be a business decision or law. There are humans involved and hence it should have a human side.


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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Copyright 2000 American Immigration LLC, ILW.COM