Dear Readers:

While many pundits predicted President Bush would only mention efforts to increase border enforcement in his annual State of the Union address to the nation this week, the President specifically promoted the concept of a guest worker program. He was careful to note, however, that the program would not offer an “amnesty” though there is little agreement on the meaning of that term.

The President briefly mentioned immigration reform twice in his speech:

“We hear claims that immigrants are somehow bad for the economy even though this economy could not function without them. All these are forms of economic retreat, and they lead in the same direction – toward a stagnant and second-rate economy.”

He went further later in the speech to say

“Immigration reform must be a priority. American needs an immigration system that upholds our laws, reflects our values, and serves the interests of the economy. Our nation needs orderly and secure borders. To meet this goal, we must have stronger immigration enforcement and border protection. And we must have a rational, humane guest worker program that rejects amnesty, allows temporary jobs for people who seek them legally and reduces smuggling and crime at the border.”

The President elaborated on his remarks on Wednesday at an address in Nashville, Tennessee. He called for more detention facilities along the border to cut down on the need to “catch and release” undocumented immigrants.

He also focused on the need to end the system that “encourages smuggling and pressure on the border” by creating a legal means for people to pursue work in the US beyond the inadequate system that currently exists.

The President again noted he is against amnesty because it would have the effect of drawing another wave of people to want to enter the country.

None of the sponsors of the major immigration plans in Congress would argue that their plans call for an amnesty. The most generous program is the Kennedy-McCain legislation. It allows workers to pursue permanent residency, but only after paying steep financial penalties. Other plans call for workers to first leave the US and then seek to reenter.

President Bush has yet to specifically endorse a proposal and has not clarified what he would consider an “amnesty.”

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This week we announce that the bonus cap of 20,000 H-1B visas for graduates of US graduate education programs has been reached. The fact that these visas were used up only one-fourth of the way through the fiscal year shows there is still tremendous demand for H-1B visas. Now the long wait begins with no visas available for nearly eight months.

Regular readers of this newsletter know that the Senate passed legislation that would have alleviated the problem by allowing unused H-1B numbers from prior years to roll forward. Unfortunately, the House did not pass the measure and the bill died. But the measure is expected to be revived shortly along with efforts to deal with the retrogression of employment-based green card numbers.

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In firm news, we have received a major accolade this week following last week’s naming of me as one of the best lawyers in Tennessee. Chambers and Partners (www.chambersandpartners.com), publishers of the world famous guides to law firms and lawyers, began this year ranking immigration lawyers in the United States. Chambers is known for extensive research in the marketplace and their guides are relied on by corporate counsel shopping for a law firm.

We are pleased to report that Siskind Susser is listed as one of the top 15 law firms in the US. I’m included on the list of the 25 best immigration lawyers in the United States and my law partner Lynn Susser is included in the top 50 list. The list includes many people I consider mentors over the years and I’m flattered to be included on the attorney list. I think the fact that the firm is listed as one of the best is a tribute to the many incredibly dedicated team members at the firm who strive to provide outstanding service every day.

This past week I participated in two programs on physician immigration. I moderated a teleseminar for the American Bar Association’s Health Law Section. My co-panelists were Bruce Larson, immigration counsel for the Mayo Clinic, and Bill Stock, my co-author on the J-1 Visa Guidebook and a lawyer in Philadelphia. On Thursday, I spoke at the Physician Recruiting Expo in Las Vegas. Next week, I speak on the topic again at a meeting of the American Health Lawyers Association in Ft. Lauderdale.

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I also am scheduled to speak next month at the Texas Bar’s annual Immigration Law Institute. The program will be held in Houston on March 2^nd and 3^rd. The program will have several mock demonstrations including

• Nonimmigrant consultation
• Permanent resident consultation
• Disgruntled clients
• Naturalization interview
• Criminal issues
• Wrapping up your case
• Removal hearing

The program has excellent speakers including frequent Siskind’s Immigration Bulletin columnist Gary Endelman who will speak on Congress’ plans for immigration reform. I’ll be speaking on immigration resources on the Internet and also moderating a panel on retainer agreements and fee arrangements.

You can register for the program online and see the full brochure by going to http://www.texasbarcle.com/CLE/AABuy0.asp?sProductType=EV&lID=5835

As always, we remind readers that we're lawyers who make our living representing immigration clients and employers seeking to comply with immigration laws. We would love to discuss becoming your law firm. Just go to http://www.visalaw.com/intake.html to request an appointment or call us at 800-748-3819 or 901-682-6455.

Regards,

Greg Siskind