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Immigration Daily

The leading
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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
August 29, 2000
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
ILW.COM Featured Article 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. Correspondence to Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

The article in the San Francisco Chronicle, "Can't Get Action from the INS? Canada Has a Deal for You," bears out a theme Gary Endelman has written on in his columns for ILW.COM. He views immigration as an economic not a social phenomenon, and argues that the US should base its immigration policy on economic considerations now before it is too late. In his latest column, an open letter to Al Gore, Mr. Endelman cites the example of the US steel industry which has lost half a million jobs to Japan and Korea. Globalization provides tremendous economic opportunities, but it also provides new challenges and competition for resources. The most valuable of these is people. Protecting jobs for US workers may mean not limiting immigration, but rather allowing the marketplace to determine the optimum number of workers needed from abroad to allow the US to continue its economic preeminence.

Federal Register News of the Day

Information Collection Request: Attestations by Facilities Employing H-1C Nonimmigrant Aliens as Registered Nurses
The Department of Labor has issued an information collection request. It contains record keeping and reporting requirements for facilities seeking to hire nonresident alien nurses under the Nursing Relief for Disadvantaged Areas Act of 1999, and information requirements for those wishing to file a complaint that a facility has failed to meet the statutory requirements of the Act.

Cases of the Day

BIA Can Hold Case in Abeyance Pending Determination on Extradition
In Barapind v. Reno, No. 99-16668 (9th Cir. August 28, 2000), the court upheld the district court's determination that the Board of Immigration Appeals (BIA) could hold the adjudication of petitioner's asylum application in abeyance pending the outcome of extradition proceedings. The circuit court found that the BIA acted reasonably and within the scope of its authority in holding the asylum application in abeyance. The court found that since no extradition order has been issued, petitioner's argument that the extradition treaty was superceded by the refugee act was not ripe for adjudication. Petitioner's argument that the BIA's action violated the court's order that had remanded the case to the BIA was rejected because no authority in support of the argument was provided.

ILW.COM Featured Article of the Day

Only Nixon Could Go To China
In "Only Nixon Could Go To China" an open letter to presidential candidate Al Gore, Gary Endelman, Esq., addresses the issue of immigration and labor in the United States.

Immigration News of the Day

Can't Get Action from the INS? Canada Has a Deal for You
According to the San Francisco Chronicle, in hopes of capitalizing on the limitations of the United States' H-1B program, a few Canadian recruiters and immigration lawyers are trying to lure the Bay Area's foreign tech workers to ``Silicon Valley North.''

Easing Up on Deportation
The Atlanta Journal - Constitution reports that the Immigration and Naturalization Service is writing guidelines to tell officers around the country that they can use what's known as "prosecutorial discretion" (basically the judgment of an INS officer) in deciding whether or not to deport petty criminals.

ILW.COM Highlights of the Day

Keep In Touch With The Progress In Your Case
Soon you will be able to view your case details via the Internet by using ILW.COM's Case Tracking Application.

ILW.COM Chats and Discussions of the Day

New Chat Transcripts Added
The chat transcripts page has been updated with transcripts of chats with attorneys Mark Kalish and Larry Johnson.

Letters to the Editor

Dear Editor:

We are happy to inform all that our facility have recently received approval of our first H-1B application for fiscal year 2001. For your information, we are an award winning Residential Care Facility located in Northern California.

Our best wishes to your firm and every member of

HR Coordinator.

Dear Editor,

In case you wish to send a petition to the INS can you use printed on line forms will it be acceptable? Thanks.


Editor's Note: The following information regarding downloaded forms is taken from the INS site. Forms are also available at

"To obtain a form, either download it directly from the forms download listing or request a copy by telephone or mail. Simply browse the downloadable forms list to find the form (application or petition) you are trying to locate. If it is not available, you may submit a request through Forms By Mail to have it sent to you. The forms that are available for downloading have been approved under the provisions of 8 CFR 299.4. Only approved forms will be accepted by INS. Also, specific guidelines for printing forms as well as the electronic generation of the documents also defined in 8 CFR 299.4 must be followed. Forms that do not comply with these specifications will not be accepted for processing by INS. Currently, the most commonly used benefit applications/petitions are available on this Website. Efforts are underway to add other immigration and naturalization forms to this Website for downloading.

Format Required for Downloading INS Forms:

INS offers our most requested forms in Portable Document Format (pdf). Other forms may be offered in both PDF and PostScript formats. PDF files are printer independent and can easily print a duplicate of the original publication using any graphics printer (i.e., laser, inkjet, or plotter). While PDF files may also be printed on dot matrix printers, they may not be of the quality necessary for INS processing. To read and print a PDF file you must have Adobe Acrobat Reader software installed on your computer. Adobe Systems, Inc. permits the INS and other organizations to offer this software to the public free of charge. You can download the Adobe Acrobat Reader version suitable for your system.

To print a PostScript file, simply copy the file to any PostScript-capable printer.

At this time, INS does not provide form which can be either filled or filed online. We hope to be able to offer such forms in the future."

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