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Immigration Daily January 29, 2004
Previous Issues
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Editor's Comments

En Banc BALCA Decision

In an en banc decision, BALCA held "that a sole proprietorship's overall fiscal circumstances should be considered when assessing under section 656.20(c)(1) an employer's ability to pay the wages or salary of the alien." In its analysis, BALCA said that "we observe that Employer has accurately cited O'Conner v. Attorney General of the United States, 1987 WL 18243 (D.Mass. Sept. 29, 1987) (unpublished), for the proposition that the entire financial circumstances of a sole proprietorship employer should be considered when considering the ability to pay the wages relating to permanent alien labor certification application." BALCA also noted "The American Immigration Lawyers Association and the American Immigration Lawyers Foundation were notified of the en banc proceedings, but did not file briefs." For the decision, see here.


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Featured Article

I-9 Anomalies That Challenge Employers: TPS, Refugees & Asylees, H-1B Transferees And Subcontractor Obligations
Josie Gonzalez writes "While there is no obligation to review the I-9s of one's contractors, the recent allegations of liability by Wal-Mart, over the employment practices of its subcontractors, makes one wonder if increased steps should be taken by management to ensure a contractor's compliance with immigration laws."


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Immigration Law News

USCIS Memo On Special Immigrant Concurrent Filing
William Yates, USCIS Associate Director for Operations issued a guidance memo regarding the recent change of the filing procedures for aliens eligible to file Form I-360 separately or concurrently with Form I-485 under section 101(a)(27)(I) of the INA. For the related Federal Register item, see here. For the technical correction, see here.

Involvement With Foreign Terrorist Organization Prior To Designation Is Not Bar To Adjustment
In Daneshvar v. Ashcroft, No. 02-3653 (6th Cir. Jan. 20, 2004), the court said that denying Petitioner's petition for adjustment of status based on his past involvement with the Mujahedin-e Khalq Organization (MEK), the BIA erred as a matter of law in its statutory analysis because MEK was not designated as a terrorist organization at the time of the Petitioner's involvement.

Overall Fiscal Circumstances Of Sole Proprietor Should Be Considered When Assessing Employer's Ability To Pay Wages
In the Matter of Ranchito Coletero, No. 2002-INA-105 (BALCA, Jan. 8, 2004), the Board of Alien Labor Certification Appeals, in an en banc decision, said that "the overall fiscal circumstances of the owner of a sole proprietorship should be considered when assessing its ability to pay wages" and that the panel decision erroneously focused only on the owners' farming operations.

Federal Appeals Criticize Immigration Judges On AWO Procedure
The Northeast Pennsylvania State News reports "Harsh criticism of the performance of immigration judges has become increasingly common in the federal courts as they have been bombarded with thousands of appeals from aliens who say an effort to streamline the nation's immigration appeals system has led to flawed rulings."

Give Immigration Reform Initiative A Chance
An op-ed in the Pasadena Star News says "Opponents are killing [immigration reform legislation] before it has its due."


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Classifieds

Help Wanted: Immigration Case Manager
The law firm of Paul Hastings and its growing immigration practice seeks an immigration case manager for its Atlanta-based office. Interested candidates with immigration experience or business related working experience, strong organizational skills and communication skills, a high degree of professionalism and the ability to work with a team are part of the criteria for these positions. This position works with the senior attorneys and Office Management to develop and enhance all levels of management and operation in the practice group which will include: client and case management, management of all administrative functions including the billing, facilities, case staffing, client development and development of client services. Responsibilities include: management and supervision for all non-attorney personnel, training and development of all personnel, development of best practices and efficiency means of operations, further development of communication between all levels of personnel, firm management, clients and department are critical for this position. A working understanding of a law firm practice and its operations is critical for this position. Qualifications include: Bachelors degree, prior immigration or business related experience, solid work history and excellent professional references. Paul Hastings offers competitive salary and an excellent benefits package for qualified and selected candidates. Please indicate the job postion sought when submitting your cover letter, resume, salary history and references to paulalauhoff@paulhastings.com.

Help Wanted: Immigration Software Analyst
The law firm of Paul Hastings and its growing immigration practice seeks an immigration software analyst for its Atlanta-based office. Interested candidates with immigration experience or business related working experience, strong organizational skills and communication skills, a hire degree of professionalism and the ability to work with a team are part of the criteria for this positions. This technical position requires tremendous communication/training and user support skills which is then supported by clients and office personnel. The current technical tools include: technical support for Aria, including training and working with the web reporting module and advanced client technical support with intranet and website design, crystal report writing, and packaged software tools that require on a daily basis, support, training, understanding and development. The current web base design and portal will also require day to day development by both clients and firm personnel. A clear understanding of the immigration practice is critical in this position. Technical skills should include: proficient use of various report writing software applications and technical skills, ability to provide on-going training and troubleshooting. Three to five years of technical writing and administering of reporting software. Strong project management sills and the ability to manage multiple projects is required. Paul Hastings offers competitive salary and an excellent benefits package for qualified and selected candidates. Please indicate the job postion sought when submitting your cover letter, resume, salary history and references to paulalauhoff@paulhastings.com.

Help Wanted: Paralegal
The law firm of Paul Hastings and its growing immigration practice seeks an immigration paralegal for its Atlanta-based office. Interested candidates with immigration experience or business related working experience, strong organizational skills and communication skills, a hire degree of professionalism and the ability to work with a team are part of the criteria for these positions. This position works directly with the attorneys within the practice group and is a highly responsible administrative and paralegal position. Interested candidates must have a proven track record of attention to detail, dependability, ability to work independently and to meet critical deadlines. Communication with clients and office personnel are a major part of this position. Responsibilities include: sensitivity to the efficiency needs of a practice group while being supportive of the clients billing and collections. Approximately 25% of this position is working with the administrative functions of billing, case management, reporting to clients and the ability to compile, provide and discuss billing information. Prior immigration and/or practice support experience is a requirement for this position. Qualifications include: Bachelors degree, prior immigration or business related experience, solid work history and excellent professional resources. Paul Hastings offers competitive salary and an excellent benefits package for qualified and selected candidates. Please indicate the job postion sought when submitting your cover letter, resume, salary history and references to paulalauhoff@paulhastings.com.

Help Wanted: Paralegals
Are you looking to join a fast-paced, dynamic and friendly team that provides first-rate immigration legal services to global businesses and individuals? Paparelli & Partners LLP, a leading immigration law firm with an established national practice, located in Irvine, California, has immediate openings for two experienced Immigration Paralegals to work at our office in Irvine, California. If you have what it takes, you will work under the supervision of attorneys to serve multinational companies and high-achiever individuals in both employment-based and family-based immigration-related matters. You will use computer software extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, Immigration Tracker, Power Point, etc.), and become immersed in cutting-edge immigration projects. Please contact us if you have six months or more of US immigration experience, are a multi-talented, multi-tasker, detail oriented, express yourself well in person and on paper, work well on a team, love challenges, are willing to work hard, have a spotless ethical record and character, have a paralegal certificate or are otherwise qualified as a paralegal under California law. To pursue this exciting opportunity, email your resume to Chris McCoy at cim@entertheusa.com. For background, see our web site: http://www.entertheusa.com.

Immigration Law Books
Immigration attorneys need look no further than Patel's complete reference library for their primary resource needs. Patel's library consists of (4) books: The Whole ACT—INA (Annotated), 20/22/28 CFRPlus, 8 CFRPlus, and Patel's Citations of Administrative Decisions under Immigration and Nationality Laws. Each book contains a detailed topical index, is annotated and is updated annually to reflect the latest changes in regulations. These four books will keep you abreast of the status and standing of all immigration citations, cover the history and treatment of all reported administrative decisions under immigration and nationality law, and provide you with the latest immigration-related regulations of the DOL, DOS, and DOJ. Patel's 4-set library is an indispensable reference tool for any immigration practitioner. For more information or to purchase these books see here.

Case Management Technology
Do you want to grow your immigration business in today's market? If so, let Emaximm help. Successful attorneys invest in the best technology to run their practice, so they can maximize the use of their time. Emaximm technology uses automation and easy to use tools that allow immigration attorneys to maximize their resources and improve profitability. Just enter a sample case in Emaximm and have your prospects and clients log into their client center for instant status and dialogue with your firm. No hidden costs, no setup fees, no per case fee, free phone support. Best of breed technology for a simple price tag. Test it out. You'll find it will be your smartest immigration tool. Visit our website at: https://www.emaximm.com to sign up for a test drive. For more information, email us at testdrive@Emaximm.com or call us at either one of our locations: Michigan: (248) 844-1200 x 204 or New Jersey: (732) 423-5159.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
I recently spoke with the Chicago DOL office. They are presently working on RIR cases received in July 2003. The website date of Oct 2003 is incorrect. They acknoweldge that. I suggest you change your date to give everyone a more realistic timeframe

Mark Kalish

Editor's Note: The DOL processing times on our website are as reported by DOL. From time to time, DOL reports are slightly off.

Dear Editor:
Shouldn't the word be "lead" in Mr. Donnelly's most recent article on ILW.COM? It also appears as "lede" in another paragraph, too. When I first read "Don't bury the lede," I had no idea what the author meant. So unfortunately, his lead got buried when he was trying hard not to bury it.

Gary Coin

Dear Editor:
I choose to become an illegal alien. I have been a small business owner for over 20 years by virtue of an E investor visa issued by the US Department of State. My business has helped create jobs for Americans. Many of my company's customers depend on our products to keep their companies alive. Yet, in spite of spending so much money on immigration lawyers over the years, I have been unable to secure permanent residence for myself, my spouse, or my children. Hundreds and hundreds of letters to members of Congress have practically gone unnoticed and have produced no positive result. Yet, I never fail to see how members of Congress continue to propose immigration reform for only the undocumented - those who are illegal. Nothing wrong with that. But it seems that members of Congress don't give a damn about those of us who have followed the letter of the law from the very beginning, and yet have been unable to secure permanent residence due merely to some idiotic technicality in the law - where the type of E visa that my incompetent American and US-educated lawyer chose is not convertible to Permanent Residence. Because children of investors automatically lose legal status at the age of 21, my daughter became undocumented and illegal recently. After being "temporarily" legal, for over 20 years, now my daughter is finally illegal and undocumented, and finally has a chance of becoming permanently legal. My investor visa is up for renewal. But I have made a decision to forego the renewal. I know that if should renew my visa and continue to stay legal, I will never ever have a chance at permanent residence for myself and the members of my immediate family. But should I forego the renewal of my visa, and finally become "undocumented and illegal", then I know that my wife, my son, and I, like our daughter, will at least have finally given ourselves a fighting chance of becoming permanent residents after more than 20 years of "following the letter of the law". Stupid at it may seem, it is obviously the only hope we have.

Anonymous


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 editor@ilw.com. 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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