September 4, 2003 - Offshoring

[Immigration Daily from ILW . COM]

-----------------IMMIGRATION DAILY FROM ILW.COM------------------

September 4, 2003

Contents:
1.  Editor's Comments: Offshoring
2.  ILW Focus: Curriculum For ""I Like To Be An American!":
Current Issues In U.S. Naturalization And Nationality Law"
3.  Article by Gary Endelman:  Fall Guy: U.S. Immigration and the 
Myth of Offshoring
4.  Immigration Law News
    (a)  DOS Responds To Cuban Visa Delays
    (b)  TPS Extended For Burundi, Sudan, Sierra Leone
    (c)  BALCA Says Adequate Documentation Reflecting Employees
Are Rejected For Lawful, Job-Related Reason Is Necessary
    (d)  White House Is Asked When President Bush Will Introduce
His Immigration Proposal
    (e)  American Military Hero Expeditiously Naturalized
    (f)  Guest Worker Programs Face High Hurdles
    (g)  Immigration Detainees Ask When Do I Get Out Of Here?
5.  Classifieds: Credential Evaluation And Translation Service
6.  Letters to the Editor (1)

http://www.ilw.com/lawyers/immigdaily/digest/2003,0904.shtm

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1.  EDITOR'S COMMENTS

Offshoring

In today's Featured Article, "Fall Guy: U.S. Immigration and the
Myth of Offshoring", Gary Endelman writes:

++If conventional wisdom holds, the immigration landscape will be
transformed beyond recognition within a few short months as a
panicked Congress takes a meat axe to the H-1B and L-1 visa
categories.

++Rather than causing the loss of American jobs, offshoring is a
mechanism to maintain levels of domestic hiring that would
otherwise simply not be possible. US banks, insurance companies
and financial service providers have saved $6 billion in the past
4 years by offshoring to India. During this same period, such
savings made it possible for these same employers not only to
avoid layoffs but actually add on 125,000 new jobs.

++Of all the myths that surround off-shoring, none is more
pernicious than the threadbare argument that is a threat aimed
solely at American workers. The off-shoring trend impacts equally
US workers and US employers. Their fortunes are joined at the
hip. This is NOT a worker vs. employer issue. To believe that is
to misunderstand what is radically new here. Jobs have left
America for cheaper labor markets before, but this is the first
time that America's primacy in the global economy is under
serious and sustained challenge. Corporate executives who are
ready and willing to cut labor costs may not fully grasp that
their own survival is also at stake.  

To read the article, please see:
http://www.ilw.com/lawyers/colum_article/articles/2003,0904-endelman.shtm
_________________________________________________________________
2.  ILW FOCUS

Curriculum For ""I Like To Be An American!": Current Issues In
U.S. Naturalization And Nationality Law"

The curriculum for this teleconference
series featuring a panel of nationally renowned experts who will
comprehensively address naturalization, citizenship and
nationality law issues in detail is as follows:  

FIRST Phone Session on July 30 and SECOND Phone Session on August 14:  

Naturalization

++Proving the Basic Requirements:
++Does Your Client Satisfy the Physical Presence Requirements?

++Can You Distinguish Preservation of Residence for Purposes of:
+++Retention of Lawful Permanent Resident Status?
+++Eligibility for Naturalization?
+++Income and Estate Taxation?
++Does Your Client Qualify for Preservation of Residence for
Naturalization Purposes (Form I-470)?
++Do You Know How to Deal with the Special Problems of Permanent
Resident Commuters?

++Is Your Client's Moral Character Good Enough?

++Addressing Issues of Criminal History;
++Resolving a Failure to Register for Selective Service;
++Dealing with a Client's Failure to Acknowledge All Material
Facts on the N-4000 or a Misrepresentation Before or During the
Naturalization Interview.

++Issues, Tips and Tactics:

++Overcoming Obstacles to Naturalization:
+++Literacy;
+++Civics and History Exam;
+++Physical or mental infirmity;
+++Language and Health Waivers for Naturalization
+++Claiming exemption from military service on the basis of alienage;

++When Naturalization Is A Very Bad Idea:
+++Did Client Obtain LPR Status under Questionable Circumstances?
+++Has Client Been Misbehavin' while an LPR?

++Hurry up and wait:  Tips, Strategies and Best Practices.
+++Standard Versus Expedited Processing;
+++Resolving delays in Adjudication of Naturalization Applications;
+++Informal  Administrative Action;
+++Tell it to the Judge: Mandamus and INA 336(b) Actions;

++Dealing with a Denial of Naturalization: Evaluating the options.
+++Administrative Appeal;
+++De Novo Judicial Review under INA 310(c).    

SECOND Phone Session on August 14 and THIRD Phone
Session on September 10:  

Nationality and Citizenship Issues

++How Do I Establish Derivative Citizenship Claims?
++When Is Citizenship Acquired by Birth Abroad ?
++Is My Client Covered under the Child Citizenship Act of 2000?
++What Tax Issues Arise in the Acquisition or Renunciation of Citizenship?
++Is My Client an "Accidental" Citizen?
++Is BCBP enforcing the Ground of Exclusion for Expatriation to
Avoid U.S. Taxation?
++How Do I Develop Evidence to Support a Claim to Citizenship?
++Should I Apply for a Passport or for Certificate of Citizenship?   

Nationality Issues

++What is the U.S. and International Law of Nationality?;
++How Do Recent Cases Define the Term U.S. "National"?
++Are there Exceptions to the Dual Nationality Rules for NSEERS Purposes?
++When Does a Person Lose U.S. Nationality?
+++Voluntary Renunciation
+++Committing an Expatriating Act
++How Do I Defend a Claimed Loss of Nationality or
Denaturalization Proceeding?   

The deadline to register is Monday, September 8th. For more info, 
including detailed curriculum, speaker bios, and registration information, 
please see:
http://www.ilw.com/lawyers/seminars/july2003.shtm
For the fax version, please see:
http://www.ilw.com/lawyers/seminars/july2003.pdf
http://www.ilw.com/lawyers/immigdaily/focus/2003,0904-seminar.shtm
_________________________________________________________________
3.  FEATURED ARTICLE

Fall Guy: U.S. Immigration and the Myth of Offshoring

Gary Endelman writes "If conventional wisdom holds, the
immigration landscape will be transformed beyond recognition
within a few short months as a panicked Congress takes a meat axe
to the H-1B and L-1 visa categories."
http://www.ilw.com/lawyers/colum_article/articles/2003,0904-endelman.shtm
_________________________________________________________________
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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: http://www.ilw.com/lawyers/membership/
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4.  IMMIGRATION LAW NEWS

(a) DOS Responds To Cuban Visa Delays

During a press briefing, Department of State Spokesman Boucher
responded to a question on the visa delays for the Cuban winners
of the Latin Grammy awards.
http://www.ilw.com/lawyers/immigdaily/dos_news/2003,0904-visa.shtm

(b) TPS Extended For Burundi, Sudan, Sierra Leone

The Bureau of Citizenship and Immigration Services extended the
designation of Burundi, 
http://www.ilw.com/lawyers/immigdaily/federal_reg/2003,0904-burundi.shtm
Sudan,
http://www.ilw.com/lawyers/immigdaily/federal_reg/2003,0904-sudan.shtm
and Sierra Leone
http://www.ilw.com/lawyers/immigdaily/federal_reg/2003,0904-sierra.shtm
for 12 months until November 2, 2004.
http://www.ilw.com/lawyers/immigdaily/federal_reg/2003,0904-tps.shtm

(c) BALCA Says Adequate Documentation Reflecting Employees Are
Rejected For Lawful, Job-Related Reason Is Necessary

In the Matter of Accent Awnings, No. 2003-INA-87 (BALCA, Aug. 14,
2003), the Board of Alien Labor Certification Appeals said that
an Employer could not reject US workers for failure to provide
verifiable references when there was no documentation that the
Employer specifically requested such reference and applicants did
not comply.
http://www.ilw.com/lawyers/immigdaily/dol_news/2003,0904-maldonado.pdf

(d) White House Is Asked When President Bush Will Introduce His
Immigration Proposal

During a White House press briefing, Press Secretary McClellan
responded to the question, "When is the President going to call
for an immigration proposal?"
http://www.ilw.com/lawyers/immigdaily/exec_branch/2003,0904-immigration.shtm

(e) American Military Hero Expeditiously Naturalized

The Bureau of Citizenship and Immigration Services issued a news
release where BCIS Director Aguirre said, "It's gratifying to see
that the President's Executive Order is allowing us to speed the
process through which our sons and daughters in uniform can
become US citizens."
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0904-khan.pdf
_________________________________________________________________

(f)  Guest Worker Programs Face High Hurdles
(g)  Immigration Detainees Ask When Do I Get Out Of Here?
For links to these articles, click here:
http://www.ilw.com/lawyers/immigdaily/digest/2003,0904.shtm#Other-items
_________________________________________________________________
5.  CLASSIFIEDS:

(a) Credential Evaluation And Translation Service
Having problems with other credential evaluation company's RFEs?
American Evaluation and Translation  Service, Inc. (AETS)
provides 'specialty occupation' position evaluations and work
experience evaluations  completed by PhD university professors,
who have the "authority to grant college level credit for work
experience and/or training."  AETS evaluations are consistently
accepted by the BCIS because the evaluations are completed by PhD
professors from 4 different universities with expertise and
knowledge in all major fields.  We provide the most competitive
rates in the industry - $50  educational evaluations and $200
position and work experience evaluations. We offer a variety of
turn-around times, including same-day educational, position and
work experience evaluations. A complete list of prices and turn-
around times is at:
http://aetsinternational.com/applicationforevaluationservices.pdf
AETS provides expert translations in over 75 languages, with
translators that are specialists in over 80 fields. For an
application for credential evaluation and  translation services,
contact AETS at (786) 276-8190, visit us at
http://www.aetsinternational.com,
send us an email: mailto:address@hidden or fax us
your documents to (786) 524-0448 or (786) 524-3300.

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_________________________________________________________________
6.  LETTERS TO THE EDITOR

(a) Dear Editor:
I have been receiving emails from you that are most likely
infected with a virus. I would advise that you take this
seriously and take action to your computer's and get it scanned
promptly because it is becoming disruptive to our business to be
receiving these emails from you.  Name Not Provided  Editor's
Note: We would once again like to reassure our readers that no
computer at ILW.COM is infected with a virus or has been infected
with a virus in approximately the past three years. The email
that you are referring to purports to come from us but does not
in fact originate from us. The Sobig.F worm is almost certainly
the culprit in this case. What has happened is that someone who
had your email address and our email address on their computer
got infected by the Sobig.F worm and resulted in you receiving an
email which appeared to come from us. Please be aware that we are
experiencing exactly what you are - over 1,000 attacks per day
from this worm, these attacks appear to originate from all kinds
of email addresses, maybe even including your firm. The Sobig.F
worm is the worst virus/worm attack in Internet history and
appears to be the first "spam worm". We sincerely hope that some
solution is found to this problem but at this point it is up to
the ISPs and maybe Microsoft.
http://www.ilw.com/lawyers/immigdaily/letters/2003,0904-anon.shtm
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

Editorial Advisory Board
Marc Ellis, Gary Endelman

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