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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 14, 2000
Editor's Comments of the Day
Federal Register News of the Day
Cases 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
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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

We have now been publishing Immigration Daily for two and a half months. We are proud to say that the number of new subscribers continues to outpace the number of un-subscribers by more than two to one. If you find the information useful, please be sure to share it with your co-workers, colleagues and friends by encouraging them to sign up for their own free subscriptions. We invite your comments and suggestions. Tell us what you like, what you don't like and what you would like to see. One of the advantages of working in the Internet Age is the ability to respond to readers' demands rapidly. Please send your comments to

Federal Register News of the Day

INS Final Rule for Aliens Coming Temporarily to U.S. to Perform Agricultural Labor or Services; H-2A Classification Petitions
The Immigration and Naturalization Service has published a final rule delegating to the Department of Labor the authority to adjudicate petitions for H-2A workers effective November 13, 2000.

Proposed Rule for Procedures For Processing Temporary Agricultural Worker (H-2A) Petitions by the Secretary of Labor
This proposed rule issued by the Immigration and Naturalization Service will require alien workers to sign a petition request for change of status or extension of stay; provide that all petition requests including extension of stay and change of status petitions must be filed with the Department of Labor; and provide that the current Service petition fee will be collected by the DOL as a part of a combined fee. Comments must be submitted on or before August 14, 2000.

Proposed Rule and Comment Request for New Form ETA 9079, Application for Temporary Agricultural Labor Certification and H-2A Petition
This proposed rule by the Employment and Training Administration of the Department of Labor would require employers to submit the fees for labor certification and the associated H-2A petition with a consolidated application form at the time of filing and would modify the fee structure for H-2A labor certification applications. The new form ETA 9079 consolidates two current forms, ETA 750 (Application for Alien Employment Certification) and INS I-129 (Petition for Nonimmigrant Workers). Comments on the proposed rule and new form must be submitted on or before August 14, 2000

ETA Final Rule for the Labor Certification and Petition Process for Temporary Employment of Nonimmigrant Aliens in Agriculture in the US and Delegation of Authority to Adjudicate Petitions
This final rule, effective November 13, 2000, amends the Employment and Training Administration regulations to implement the delegation of authority to adjudicate petitions for temporary nonimmigrant agricultural workers (H-2A's) from the Department of Justice/Immigration and Naturalization Service to the Department of Labor.

Notice to Alter Systems of Records
The Defense Logistics Agency proposes to alter the system of records so as to expand the categories of records being maintained and to allow disclosure of information to the Department of Justice for the purpose of immigration and naturalization record verification purposes. This action will be effective without further notice on August 14, 2000, unless comments are received that would result in a contrary determination.

ECA Competition for Grants Under the Near East and North Africa Democracy Initiative
The Bureau of Educational and Cultural Affairs of the United States Department of State announces an open competition for grants for J-1 exchange visitor programs under the Near East and North Africa Democracy Initiative. The deadline for program proposals is October 6, 2000.

ECA Request for Proposals for Competition, A Writer's Perspective on Contemporary Social Issues in the United States
The Office of Citizen Exchanges, Bureau of Educational and Cultural Affairs of the Department of State, announces a competition for a project titled "A Writer's Perspective on Contemporary Social Issues in the United States." The proposed J-1 program would bring a delegation of thirteen Vietnamese to the United States for a three-week study tour. The deadline for proposals is September 28, 2000.

Cases of the Day

Court Rules Claim by Extraditee Fearing Torture Ripens after Secretary of State Determines to Surrender the Fugitive
In Cornejo Barreto v. Siefert No. 98-56827 (9th Cir., July 11,2000), the 9th Circuit affirmed the district court's denial of the petition for habeas corpus since the Secretary of State had not yet determined whether or not to extradite the petitioner, but the Court directed that the ruling should be without prejudice to the filing of a new petition if the Secretary of State does decide to surrender Cornejo-Barretto to the Mexican government.

Congressional News of the Day

Bill to Provide Waiver of Oath for Persons with Disabilities
Rep. Ileana Ros-Lehtinen, R-Miami, introduced bill, H.R. 4838, to the Committee on the Judiciary. The bill would amend the Immigration and Nationality Act to provide a waiver of the oath of renunciation and allegiance for naturalization of aliens having certain disabilities.

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

INS Sued in Deportation Amityville Woman Seeks $8M for Mistreatment at JFK
Newsday reports that Sharon McKnight, the mentally disabled Amityville woman who was bound overnight and mistakenly deported to Jamaica from Kennedy Airport last month, filed an $8-million lawsuit yesterday against Immigration and Naturalization Service officials.

Vice President Gore's Speech to the NAACP
In a transcript of Vice President Gore's address to the NAACP's national convention posted on the Washington Post's website, the Vice President stated that he supported immigration, however, "it ought to be an alarm bell when we have the employers with the best jobs in this country coming every single year, year after year, saying, "We have to go halfway around the world to find people with a college education who can come in and take these good jobs." We need to educate our own people with the skills needed to seize the jobs of the future and build the future of this country."

Medical Waivers Make Citizens Immigrants
According to the Tampa Bay Tribune, a lawsuit by three legal services groups against the INS last year resulted in new guidelines for applying for the medical waivers. Elderly immigrants can now take the oath of citizenship, thanks to a medical waiver that exempts them from the citizenship exam.

Lawmakers Urge Increase of Border Agents, Resources
The Seattle Times reports that Sens. Slade Gorton and Patty Murray and Rep. Jack Metcalf wrote a letter urging Immigration and Naturalization Service Commissioner Doris Meissner to increase Border Patrol agents and resources and urged the return of two planes that were transferred from the Canadian border to the U.S.-Mexican border.

ILW Highlights of the Day

Comments About the Site
"The site looks great and has a lot of useful information. I check it daily."Read more comments here.

ILW.COM Chats and Discussions of the Day

Can Someone Please Help?
A poster on the discussion board writes, "my fiance is Mexican and is not a legal citizen here in the US. We want to get married and we know that there is a possibility of him being barred for 3 to 10 years, but we have a 10 month old son together so this is not an option. If anyone knows anything about any petitions that could help us please let me know.

Thank you"

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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