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Immigration Daily

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Immigration Daily February 17, 2004
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Editor's Comments

2004 Poverty Guidelines

The DHHS released the latest 2004 poverty guidelines, effective February 13, 2004. This information is indispensable for any immigration practitioner to establish that the sponsor meets the income requirement for the affivadit of support. For the item, see below.


ILW.COM-Fragomen Briefing On H-1B Issues And Current Developments - Deadline Is Tuesday, February 17th

The curriculum for "ILW.COM-Fragomen Briefing On H-1B Issues And Current Developments" is as follows:

The H-1B Visa - Overview And Alternatives

  • Update: H-1B Cap and Related Issues
  • A Brief History (1970, 1990, 1998, and 2000 Amendments)
  • Summary of Requirements
  • Uses and Users of the Program
  • Alternatives to the H-1B Category - an Update
The Labor Condition Application - Overview And Current Issues
  • History and Purpose
  • Basic Requirements
  • Wage and Benefit Issues
  • The Public Access File
  • Ongoing Employer Obligations
  • Enforcement Issues - a Current Review

Latest Developments And Hot Topics in H-1Bs

  • Recent Legislative and Regulatory Activity
  • H-1B Portability Issues
  • Obtaining H-1B Extensions
  • Dealing with the H-1B Cap
  • Handling Gaps in Employment
The deadline to register is Tuesday, February 17th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

9th Circuit In Cazarez-Gutierrez v Ashcroft Holds Felony Simple Possession Of A Controlled Substance Is Not An Aggravated Felony
Kathy Brady writes "An offense that does not involve drug trafficking, such as simply possessing a controlled substance, can be an aggravated felony under the drug trafficking category, as long as it is analogous to a federal offense and a "felony" under some standard. What the felony standard is has been the subject of much litigation and changing of rules."

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Immigration Law News

DHHS Announces 2004 Poverty Guidelines
The Office of the Secretary of the Department of Health and Human Services announced its updated povery guidelines, effective February 13, 2004.

DV Visas Cannot Be Issued Once DV Year Expires, Despite INS's Failure To Process Applications
In Coraggioso v. Ashcroft, No. 03-1075 (3rd Cir. Jan. 23, 2004), the court joined the 7th and 11th Circuits in concluding that the language Congress used in the INA precluded the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year.

Immigrants Lured With Potential Jobs Are Attacked
The Newsday of Long Island, NY reports "Five suburban teenagers lured two immigrant day laborers by promising them jobs, then beat the men with pipes, sticks and fists and stole their money, authorities said."

Legalization Proposal Creates Opportunity For Deception Of Undocumented
The Houston Chronicle reports "As Congress begins considering President Bush's proposal to help illegal immigrants, local experts worry that swindlers already may be gearing up to take advantage of the often desperate workers."

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Help Wanted: Experienced Immigration Attorney
The Law Office of Lee & Kent seeks an immigration attorney with 5+ years of business immigration experience for its immigration law practice. Qualified candidate must thrive in a busy office setting, work efficiently and effectively, and possess excellent writing and analytical skills. The firm has a well-established immigration practice in the Los Angeles, CA area, and handles a full spectrum of immigration issues. Lee and Kent is a general practice law firm, with practices in business litigation, bankruptcy, and criminal law. We offer an excellent benefits and compensation package. Fax resume and cover letter along with salary requirements to 213-380-2826 or email Justin M. Lee, Esq., hiring partner at (no phone calls please).

Help Wanted: Immigration Attorney And Paralegal
An immigration law firm has openings for 2 positions - an immigration attorney and a paralegal - to join its Fairfield County, CT office. Minimum 1-year employment-based immigration experience is preferred for both attorney and paralegal positions. Email cover letter, resume + salary requirements, along with the position sought to: This is a blind listing. Qualified applicants will be contacted directly by the firm.

Credential Evaluation And Translation Service
Does your firm need a free initial consultation regarding an educational evaluation? American Evaluation and Translation Service, Inc. (AETS) provides free reviews of educational documentation. AETS will review the educational documentation submitted and call/email your firm to update you on the exact U.S. educational equivalency. AETS charges $50 for 10 business-day educational evaluation service, $70 for 5 business-day, $90 for 3 business-day, $100 for 24-Hours and $125 for a Same-Day turn-around. AETS also provides 'Expert Opinion' Work Experience and Position Evaluations completed by PhD university professors that start at $200 for 10 business-day service. For a complete list of their prices and turn-around times, please click here: In addition, AETS provides certified translations in over 100 languages, with translators that are specialists in over 80 fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit the website at, or send AETS an email:

Case Management Technology
VISAPREP offers three services to fit the needs of every immigration law practice. Whether you seek a simple forms program, a case management system, or VisaPrep TotalPractice - a comprehensive system that performs every administrative function in the immigration law process - we have a system for you. VISAPREP, the only immigration law technology created by immigration lawyers, will create efficiencies in every aspect of your immigration law practice. Many immigration technology vendors make promises - VISAPREP delivers. VISAPREP offers top-notch support with no hidden costs. We include unlimited training and support with our standard pricing package, and you'll have 30 days of free use to be sure VISAPREP is the right system for you. You will also receive monthly newsletters and time-sensitive "practice updates" from the VISAPREP team. We pride ourselves on providing superior service along with our technology. Call 866-VISAPREP (866-847-2773) or send an e-mail to for information or to schedule a demonstration.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
I could not read the following articles, "No Personal Liability In LCA Matter" in your latest issue of Immigration Daily on ILW.COM. "Form Letter's Chilling Effect Constitutes Bad Faith Recruitment" Can you give me another url for these?

Peter Vennel

Editor's Note: Both pdf links to the referenced items work. In our experience, Adobe Acrobat often crashes within the Internet Explorer browser. Often the best solution is simply to close all browser windows and open a new browser window to try again. If that doesn't work, rebooting your computer is another good idea.

Dear Editor:
I really need to download the article on the student being deported for getting reimbursed at the University of Maine that appeared in the February 13, 2004 issue of Immigration Daily. The link doesn't work and I couldn't find the article in the concord's online paper.


Editor's Note: All links are verified at the time of publishing on our website. However, we have no control over links on other websites. It appears that this link has changed and is now at:

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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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