September 9, 2003 - Legalization - The Stars Begin To Align

[Immigration Daily from ILW . COM]

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

September 9, 2003

Contents:
1.  Editor's Comments: Legalization - The Stars Begin To Align
2.  ILW Focus: Curriculum For "Immigration For The Spirit, Body,
And Soul: Entertainers/Artists/ Athletes, Chefs/Cooks, Religious Workers"
3.  Article by Micah King for the Center for Immigration Studies:
RICO: A New Tool For Immigration Law Enforcement
4.  Immigration Law News
    (a)  In Bizarre BALCA Appeal, Employer Asserts That It Is Not
Its Duty To Chase US Workers To Fill Already Filled Position
    (b)  White House Supports E-2 Visa For Denmark
    (c)  Defendant's Challenge Of His Deportation Order Fails
Because His Previous Conviction Bars Him From 212(c) Relief
    (d)  Immigration Is Vital To Our Survival
    (e)  Democratic Presidential Hopefuls Unanimously Call For
Amnesty Program
5.  Classifieds: Help Wanted: Experienced Immigration Paralegal
(2) And Experienced Immigration Attorney (1) And Entry-Level
Paralegals (1) And Credential Evaluation And Translation Service
6.  Letters to the Editor (2)

http://www.ilw.com/lawyers/immigdaily/digest/2003,0909.shtm

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1.  EDITOR'S COMMENTS

Legalization - The Stars Begin To Align

The 7 to 10 million undocumented aliens in the US represent a
major social and legal crisis. The huge numbers of the
undocumented stagger the imagination - nearly 1 in 30 people in
America is an undocumented alien. This is not just a legal
crisis, it represents a collapse of statesmanship and borders on
a political/social calamity. Often, people look at this as an
enforcement problem, but it is deeper than that - the problem is
not just with enforcement of the law, the problem is the law
itself. The law is being broken because the law itself is broken
- the law on the books does not work for the real America outside
of the Beltway. Immigration law, a creature of the DC elite, is
out of sync with America. Immigrants across the world seek
economic opportunity in their journey to America. Complementing
that supply of immigrants is the need in the American economy for
large numbers of immigrant labor at various levels.
Unfortunately, the DC elite view immigration primarily in terms
of international social work instead of the needs of the economy.
Refugees, the Diversity Lottery, and above all, Family-based
immigration dominate thinking and policy in government and in the
numerous interest groups busy in the immigration field - both on
the pro-immigration and the anti-immigration sides. Instead of
being the heart of the discussion, America's desparate need for
large scale Employment-based immigration is consigned to the
periphery of the immigration debate. This state of affairs has
made the undocumented problem into the Elephant in the Room -
everyone knows about the problem, but hardly anyone wants to talk
about it. However, the inevitable can only be delayed, not denied
- we believe that a massive legalization program is inevitable.
Recent events lead us to believe that the political stars may
finally be aligning the right way for massive legalization, the
Washington Times reports "All eight of the Democratic
presidential contenders at [last] Thursday's debate embraced
amnesty for illegal aliens now in the United States." Going into
the Presidential election in 2004, it is hard to imagine
President Bush not responding in some way to this initiative.
When, not If, is the only issue still to be decided about a
legalization program that would embrace millions. Immigration
Daily will keep you informed.
_________________________________________________________________
2.  ILW FOCUS

Curriculum For "Immigration For The Spirit, Body, And Soul:
Entertainers/Artists/ Athletes, Chefs/Cooks, Religious Workers"

The curriculum for "Immigration For The Spirit, Body, And Soul:
Entertainers/Artists/ Athletes, Chefs/Cooks, Religious Workers"
is as follows:

FIRST Phone Session on August 27: Entertainers, Artists and Athletes

1. The Non-Immigrant Categories

++O-1 Individuals of Extraordinary Ability

++Meeting the evidence tests to show one is "extraordinary"
++Dealing with peer group consultations
++Special standards for motion picture and television productions
++Dual intent issues

++P Visas for Performing Athletes and Entertainers

++When to file a P-1 case instead of an O-1
++Special rules for circus performers
++Dual intent and consultation issues
++P-2 visas for performers using exchange programs
++P-3 visas for culturally unique performer

++Q-1 visas for Cultural Exchange Visitors
++Other potential NIV categories for artists and entertainers

2. Immigrant Visas

++EB-1 Extraordinary Ability in the Arts and Athletics
++EB-2 National Interest Cases
++EB-2 Schedule A, Group II Cases for Exceptional Ability Applicants
++Other potential IV categories for artists and entertainers

SECOND Phone Session on September 15: Hospitality Workers

1. Non-Immigrant Options for Chefs, Cooks and other
hospitality workers

++B-1 visas for domestic employees
++E-2 visas for owners, executives, managers and specialized
employees of foreign-owned hotels and restaurants
++H-1B visas for management level chefs and hospitality
management employees
++H-2B visas for temporary and seasonal employees
++J-1 trainees
++L-1 intracompany transfers
++O-1s for outstanding chefs and distinguished managers
++TN visas for hotel managers
++H-3 trainees

2. Green Card Options for Chefs, Cooks and other
hospitality workers

++EB-1 Multinational Managers
++EB-1 Extraordinary Ability chefs and manager
++Labor Certifications for "foreign specialty" cooks and chef and
hospitality management employees

THIRD Phone Session on October 9: Religious Workers

1. R-1 Nonimmigrant Religious Workers

++Key requirements
++What is a religious denomination?
++What types of religious workers qualify?
++The 501(c)(3) requirement
++Experience requirements
++The application process
++Dual intent issues
++Pay requirements

2. EB-4 Immigrant Visas for Religious Workers

++Key requirements
++How does the EB-4 category differ from the R-1 visa?
++Can volunteers qualify?
++What types of religious workers qualify?
++How can a church show it has the ability to pay?
++The application process
++Sunset provisions

3. Other possible strategies

The deadline to register is Thursday, September 11th. For more
info, including detailed curriculum, speaker bios, and registration
information, please see:
http://www.ilw.com/lawyers/seminars/august2003.shtm
For the fax version, please see:
http://www.ilw.com/lawyers/seminars/august2003.pdf
http://www.ilw.com/lawyers/immigdaily/focus/2003,0909-seminar.shtm
_________________________________________________________________
3.  FEATURED ARTICLE

RICO: A New Tool For Immigration Law Enforcement

Micah King for the Center for Immigration Studies  writes that
recent decisions have made the RICO Act one of the most important
tools in the private enforcement of US immigration law.
http://www.ilw.com/lawyers/colum_article/articles/2003,0909-king.shtm
http://www.cis.org/
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_________________________________________________________________
4.  IMMIGRATION LAW NEWS

(a) In Bizarre BALCA Appeal, Employer Asserts That It Is Not Its
Duty To Chase US Workers To Fill Already Filled Position

In the Matter of Huff-N-Puff, No. 2002-INA-182 (BALCA, Apr. 11,
2003), the Employer asserted that "it did not see it as its duty
to chase after people to fill a position that was already filled
by a very qualified individual."
http://www.ilw.com/lawyers/immigdaily/dol_news/2003,0909-Beltran.pdf

(b) White House Supports E-2 Visa For Denmark

The White House in a statement to the Senate said, "US investors
are already eligible for Danish visas that offer comparable
benefits to those that would be accorded nationals of Denmark
under E-2 visa status."
http://www.ilw.com/lawyers/immigdaily/exec_branch/2003,0909-denmark.shtm

(c) Defendant's Challenge Of His Deportation Order Fails Because
His Previous Conviction Bars Him From 212(c) Relief

In US v. Gonzalez-Valerio, No. 02-50260 (9th Cir. Sep. 8, 2003),
the court said that it need not address whether the Immigration
Judge adequately informed Defendant of the availability of relief
under 212(c) because Defendant could not demonstrate prejudice
because his 1997 conviction for willful infliction of corporal
injury upon a spouse statutorily barred him from receiving 212(c) relief.
http://www.ilw.com/lawyers/immigdaily/cases/2003,0909-Gonzalez.pdf
_________________________________________________________________

(d)  Immigration Is Vital To Our Survival
(e)  Democratic Presidential Hopefuls Unanimously Call For
Amnesty Program
For links to these articles, click here:
http://www.ilw.com/lawyers/immigdaily/digest/2003,0909.shtm#Other-items
_________________________________________________________________
5.  CLASSIFIEDS:

(a) Help Wanted: Experienced Immigration Paralegal
Goel & Associates, P.C. (G&A) ,
http://www.goellaw.com/goel.asp
a leading business immigration law firm, seeks an experienced
immigration paralegal to join its fast-paced corporate
immigration practice located in Greenbelt, MD. Candidates must
have at least one year of business immigration experience,
ideally with H-1B, L-1, Labor Certification, and I-140/Adjustment
of Status cases for clients in the high tech sector. A college
degree, excellent communication and organizational skills,
knowledge of PC applications, and the ability to work
independently are required. We offer an outstanding work
environment and an excellent compensation and benefits package,
including a business-casual dress policy, health and dental
insurance, 401(K), free parking, and more. To apply, please send
resume, cover letter, and salary requirements to
mailto:address@hidden, or fax to 301-313-0445.

(b) Experienced Immigration Attorney
Stoll, Keenon & Park,
http://www.skp.com/firm_profile/index.html
one of Kentucky's oldest and largest law firms founded in 1897,
seeks an experienced business immigration attorney based either
in its Lexington or Louisville, Kentucky office. Minimum 2+ years
of full-time experience in preparing H-1B, L-1, E-2, TN, labor
cert, I-140, and AOS applications is required. Candidate must
have a stellar academic record as well as possess excellent
research and writing skills. The position requires a highly
organized individual who is proficient with case management
software. We offer a great working environment and a competitive
salary and benefits package. Email resume + cover letter to
Denise Wilson, Human Resources Manager at mailto:address@hidden
or fax to (859) 253-1093. EOE

(c) Help Wanted: Experienced And Entry-Level Paralegals
Greenberg Traurig,
http://www.gtlaw.com/practices/immigration/index.asp
a large international law firm, has openings in its Tysons Corner
office for experienced and entry-level immigration
specialists/paralegals. Will train for entry-level/junior
position. Both positions require a Bachelors degree; experienced
position requires 3+ yrs of experience in the immigration field,
with at least one year at a senior level. Strong organizational,
written, computer and verbal skills are required. Excellent
benefits and compensation packages offered. Send resume + cover
letter, including salary requirements by either fax: 703-714-8378
or email: mailto:address@hidden Please state the position,
experienced or entry-level position, that you are applying for.

(d) 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.

We carry advertisements for Help Wanted: Attorney, Help Wanted:
Paralegal, Help Wanted: Other, Positions Sought, Products &
Services Offered, etc.
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For a listing of current immigration events please click here:
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_________________________________________________________________
6.  LETTERS TO THE EDITOR

(a) Dear Editor:
Only 3 more weeks before the H-1b cap is reduced to 65,000. Great
news for the qualified and highly skilled American workforce that
will now have a better chance to get a job they deserve. Chucky
http://www.ilw.com/lawyers/immigdaily/letters/2003,0909-Chucky.shtm

(b) Dear Editor:
The following minutes were released by The E-filing Standards for
Immigration Group.
hhttp://www.ilw.com/lawyers/immigdaily/letters/2003,0909-esig.pdf
Robert C. Meltzer On behalf of ESIG
http://www.ilw.com/lawyers/immigdaily/letters/2003,0909-meltzer.shtm
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
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Editorial Advisory Board
Marc Ellis, Gary Endelman

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