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Immigration Daily

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Immigration Daily December 3, 2002
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Editor's Comments

Today, we bring you news of another large back pay award by the Department of Labor against an employer in a case connected to "benching" or in the words of the administrative decision "leave without pay." As our readers will recall, in October this year, the Office of Administrative Law Judges at the Department of Labor announced a record $1 million plus in back pay In the Matters of Wage and Hour Division v. Mohan Kutty, Nos. 2001-LCA-00010 through 2001-LCA-0025 (OALJ, Oct. 9, 2002). Today's decision, In the Matter of Pegasus Consulting Group, Inc., No. 2001-LCA-00029 (OALJ, Nov. 13, 2002), almost a quarter million dollars in back wages was awarded and the employer was assessed $40,000 in civil penalties for committing a willful/knowing violation. Unlike the 100+ page Kutty decision, today's document is only 10 pages long. Attorneys with practices involving H-1Bs, i.e. virtually all business immigration practitioners, will likely find a review of this administrative decision instructive.


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Featured Article

Determining the Prevailing Wage in Labor Certification Cases
Carl Shusterman writes about prevailing wages in the context of Labor Certification Applications.

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Immigration Law News

LCA Violation Results In Awards Of $231,000+ In Back Wages & $40,000 In Civil Penalties
In the Matter of Pegasus Consulting Group, Inc., No. 2001-LCA-00029 (OALJ, Nov. 13, 2002), the Office of Administrative Law Judges awarded $231,000+ in back wages to "benched" employees and penalized the employer $40,000 in civil penalties.

INS Promulgates Interim Rule On Border Crossing ID Cards
The INS promulgated an interim rule with request for comments governing the issuance and use of border crossing identification cards (BCCs) containing biometric information.

INS Seeks Comments
The INS sought comments on requests for: Project Speak Out! biographical information/program eligibility questionnaire and initial interview form, Forms I-908 and I-909; application for certificate of citizenship in behalf of an adopted child.

DOS Issues Visa Classification Final Rule Technical Correction
The Department of State made technical corrections to a final rule by substituting the word "child" for "orphan" in the State Department's table of immigrant visa classification symbols.

INS Issues Notice Of Airport and Seaport Inspections User Fee Advisory Committee Meeting
The INS announced a meeting regarding the performance of advisory responsibilities to the INS Commissioner which advises the INS Commissioner on issues related to the performance of Airport and Seaport Immigration Inspection Services.

Change Of Labels From INS To DHS Does Not Change Policy
The Village Voice reports "Managing America's contradictory attitudes toward the immigrants who have fueled the country's growth has never been easy. Like the INS before it, the Department of Homeland Security will be hampered by immigration policy itself."

Immigrant Workers Turbo Charge US Economy By Accounting For Half Of US Labor Force Growth
The Washington Post reports that immigrant workers who accounted for 10% of the growth in America's labor force in the 1970s, and 27% in the 1980s, were fully 50% of the growth in the US labor force in the 1990s.

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Help Wanted: Legal Assistant - Maryland Suburbs
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., 11921 Rockville Pike 3rd Fl, Rockville, MD 20852 (convenient to Metro), the largest independent general practice law firm outside of Baltimore, seeks an Immigration Legal Assistant with a minimum of 1+ year of experience for its immigration practice. Experience is desired in the following areas: Employment-Based IV (including EB-1, EB-2, EB-3); NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1); Family-Based IV; Naturalization applications and petitions; adjustment of status and consular processing; employer sanctions; I-9 compliance; and litigation. A college degree is required. The ideal candidate possesses the following skills: he/she is analytical, is organized, has good writing skills, is proficient with computer word processing, spreadsheets, data-base programs, performs legal research, and completes immigration forms. We offer an excellent salary/benefits package. If interested, please send resume and salary requirements in confidence to: Ms. Maura Bowen, Shulman, Rogers, Gandal, Pordy & Ecker, P.A. via either fax at:(301) 230-2891 or via email at: For more information, please visit our website at:

Help Wanted: Experienced Immigration Attorney
Cyrus D. Mehta & Associates, PLLC, a recognized New York-based immigration law firm, is seeking to hire an experienced immigration associate who is well rounded with a high level of expertise in business, family and deportation areas. You must have gained between three to five years of solid experience in immigration law, have very strong writing skills, be a self starter and have already begun to play a leadership role through involvement in bar associations, publishing articles or speaking at seminars. You would also have developed client relations, managed a heavy and diverse caseload and maintained the highest ethical standards. You will ally with a highly motivated principal attorney who is passionate about immigration law in an elegant Wall Street office along with a team of like minded attorneys and paralegal staff. Membership in the New York state bar is a must. If you have a desire to make a long term commitment with the firm as well as rapidly advance your career, write in confidence with a cover letter, resume and financial requirements to Cyrus D. Mehta at:

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Letters to the Editor

Dear Editor:
Cyrus Mehta asserts in his November 26 Immigration Daily article, that the INS special registration program to fingerprint nonimmigrants from countries with significant Muslim populations is "troubling because it inherently profiles an individual based on his or her nationality regardless of individualized guilt or suspicion." This is the same old tired liberal argument against profiling. Profiling is indeed needed in this situation as the terrorists of today are overwhelmingly, if not 100%, of radical Islamic background. Have Christian, Buddhist, or Latino nonimmigrant terrorists attacked or want to attack the US? I believe that most Americans of reasonable mind see that this is simply common sense to check on men from those countries that pose the greatest terrorist threat to the US and who are only here on nonimmigrant status. The program does not cover immigrants or men with asylum applications filed before November 23, 2002. If this were really targeting Muslims for no reason, why is North Korea, an atheistic and communist country where one probably cannot even practice Islam, on the list?

Larry Liem Doan, Esq.

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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