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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 5, 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
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
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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

On March 20, 2000, the INS published a policy memorandum clarifying the requirements that govern the adjudication of EB-2 immigrants petitions. The memorandum provides guidance determining whether the job offered to the alien beneficiary actually requires a member of the professions holding an advanced degree or the equivalent. It also addresses the issue of what sort of experience the job must require of a person with only a bachelor's degree, in order for the position to qualify as a position requiring an advanced degree or the equivalent. On May 4, 2000, in a case entitled Chintakuntla v. INS, No. C99-5211 MMC (N.D.Cal.), the District Court for the Northern District of California ordered the Service to permit some EB-2 immigrant visa petitioners to file untimely motions to reconsider the decisions in their cases in light of the March 20, 2000, memorandum. The notice in the Federal Register provides guidance on who may file such untimely motions and the procedures for filing. The deadline to file such motions is November 1, 2000.

Federal Register News of the Day

Opportunity to File Untimely Motions to Reconsider Decisions Denying EB-2 Immigrant Visa Petitions
The notice informs concerned parties (prospective employers who have filed certain EB-2 immigrant visa petitions) of the opportunity to file untimely motions to reconsider Service decisions denying EB-2 immigrant visa petitions consistent with Chintakuntla v. INS, No. C99-5211 MMC (N.D.Cal.).

Cases of the Day

Rape is an Aggravated Felony
In Castro v. Reno, No. 99-70484, (9th Cir., June 23, 2000), the Court found that they must define the term rape by "employing the ordinary, contemporary, and common meaning" of that word and that it is an aggravated felony under Immigration and Nationality Act.

Congressional News of the Day

Military Construction Appropriations Act, 2001--Conference Report
The Senate conference concluded on H.R. 4425, the Fiscal Year 2001 Military Construction Appropriations Act and the bill is now set to go to the President.

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 Comments on Proposed Rule for Post-Order Detention
According to the INS, "the proposed rule is intended to balance the need to protect the American public from potentially dangerous criminal aliens, who remain here contrary to law, with the humanitarian problems created by another country's delay or refusal to accept repatriation of its nationals, resulting in possible detention past the statutory 90-day removal period required by law."

INS Customer Service Initiatives
INS information on its service initiatives since it began a complete overhaul of its service structure in FY 1997, and its plans for future actions to improve service.

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

Smuggler Methods Get Sophisticated
The Star Tribune reports that due to tighter law enforcement Chinese gangs are adopting increasingly varied and sophisticated methods of smuggling illegal migrants into the United States.

U.S. Finds Itself Competing for Indian Engineers reports that international recruitment efforts are increasing the flow of Indian software engineers to countries other than the United States.

Bills to Raise Immigration Limits Hit Political Wall
According to the Star Tribune, efforts to lift the limits on H-1B visas have hit roadblocks erected by odd combinations of liberal and conservative lawmakers, along with their allied interest groups.

ILW.COM Highlights of the Day

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ILW.COM Chats and Discussions of the Day

Chat with Mitch Berenson, Esq.
Attorney Mitch Berenson will answer questions on all aspects of immigration law Wednesday, July 5, 2000, at 9:00 p.m. ET.

Letters to the Editor

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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