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Immigration Daily January 30, 2004
Previous Issues
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Editor's Comments

Finding A Life And A Higher Calling In The Practice Of Law

Immigration Daily is pleased to bring you an excerpt from Judge Carl Horn III's book LawyerLife: Finding a Life and a Higher Calling in the Practice of Law. The book provides a 12-step roadmap toward greater fulfillment in the practice of law. We feature the twelve steps toward fulfillment in the practice of law. For the Featured Article, see below.


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Featured Article

Twelve Steps Toward Fulfillment In The Practice Of Law - A Book Excerpt
Carl Horn, III writes "Let's be realistic and honest. In the very best of times practicing law has been a challenging, time-consuming, and often difficult undertaking."


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Immigration Law News

USCIS Employer Bulletin Information On Cultural Exchange Program
The Office of Business Liaison of the USCIS released an employer information bulletin on the Q-1 and Q-2 cultural exchange programs.

USCIS Announces Latest Field Leadership Appointments
The USCIS released a list of its latest field leadership appointments, including district directors, asylum directors, and officers-in-charge.

10th Circuit En Banc: No Constitutional Right To Be Informed Of Discretionary Relief
In US v. Aguirre-Tello, No. 02-2049 (10th Cir. Jan. 6, 2004), the court, in an en banc decision, said that there is no constitutional right to be informed of discretionary relief from deportation that might have been available to a potential deportee.

Call For A Sensible Immigration Policy
A Wall Street Journal op-ed says "[The undocumented illegals'] entry to America is not without its problems and costs. But a sensible policy would tackle those, as Mr. Bush proposes to do, rather than pursue the fantasy that we can or should close our borders like some isolated ancient kingdom."

Anti-Terrorism Measures Threaten To Slow Down DOS's Visa Processing
Government Executive Magazine reports "The State Department will be forced to process millions of additional visa applications annually unless Congress loosens the requirements of an immigration law enacted to protect the country from future terrorist attacks, officials said [ ] ."


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Classifieds

Credential Evaluation And Translation Service
As the industry leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry - $50 Educational Evaluations, as well as $200 'Expert Opinion' Work Experience and Position Evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including Same-Day service for Educational, Work Experience and Position Evaluations. For a complete list of their prices and turn-around times, please see: http://aetsinternational.com/applicationforevaluationservices.pdf . Additionally, AETS provides certified translations in over 100 languages, with translators that are specialists in over 80 fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit the website at http://www.aetsinternational.com, or send AETS an email: info@aetsinternational.com.

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.

Case Management Technology
VISAPREP offers three services to fit the needs of every immigration law practice. Whether you seek a simple forms program, a case management system, or VisaPrep TotalPractice - a comprehensive system that performs every administrative function in the immigration law process - we have a system for you. VISAPREP, the only immigration law technology created by immigration lawyers, will create efficiencies in every aspect of your immigration law practice. Many immigration technology vendors make promises - VISAPREP delivers. VISAPREP offers top-notch support with no hidden costs. We include unlimited training and support with our standard pricing package, and you'll have 30 days of free use to be sure VISAPREP is the right system for you. You will also receive monthly newsletters and time-sensitive "practice updates" from the VISAPREP team. We pride ourselves on providing superior service along with our technology. Call 866-VISAPREP (866-847-2773) or send an e-mail to freetrial@visaprep.com for information or to schedule a demonstration.

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.

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 would like to ask the readership if anyone has tried having I-485 applicants proactively appear for a 2nd fingerprints, without a CIS appointment notice. I'm finding that in many cases the 15 month validity period for FP results has long expired, and appointment notices are not forthcoming. Since, once individuals are fingerprinted for the 2nd time, it usually takes another 90 days for approval, sometimes followed by an additional RFE to confirm employment, and an additional delay, it seems to me that if individuals could present themselves for fingerprinting without an appointment, but with a printout from the CIS web page, showing that the first print results had expired, that some ASC's might be willing to take their prints, and this could expedite the case. Wondering if anyone has tried this repeatedly with any success, and in which offices.

Name Withheld Upon Request

Dear Editor:
Gary Endelman, in his article "Light From The Dark Side: Why Tancredo May Be Right On The H Visa", was very astute when he wrote that Rep. Tom Tancredo's "Be Real Act of 2003" is perceived as a sell-out by many of us who oppose nonimmigrant visas. The very fact that an immigration lawyer who cashes in on the lucrative visa business considers Tancredo's bill a good idea is ample evidence that a sell-out did indeed occur. Tancredo has been one of the few politicians that American workers could rely on to fight the job destruction that H-1B has caused. That has all changed with his "Be Real Act". This legislation makes a Faustian bargain - jobs for American citizens are sacrificed for promises of border enforcement and the elimination of amnesty. Tancredo proposes to eliminate visa categories such as H-1B and H-2B by combining all of them into one big "H" visa. High-wage earners such as programmers, engineers, and accountants will be lumped into a generic labor pool with low-wage workers such as grape pickers, burger flippers, and hotel clerks. The amalgamation of the labor pool doesn't just stop there however. An Orwellian job registry will be created that lists all people who are looking for jobs, both aliens and citizens. This intrusive database will contain the personal information of all job seekers and it will be open for all employers to view. Looking for a job will require a risky sacrifice of privacy. Melding all nonimmigrants into one "H” visa could have unforeseeable and undesirable side-effects, and none of them will favor middle-class workers. Unlimited numbers of visas are allowed so the damage to U.S. workers could be catastrophic. Tancredo's bill probably won't discourage the bottom feeders from using illegal aliens but it will give sweatshops such as Tyson Chicken a way to hire cheap labor legally. It will be a net gain for low-wage employers because they will be allowed to legally tap into unlimited supplies of cheap 3rd world workers. Unscrupulous employers will enjoy the fact that their foreign employees are de-facto indentured servants. Bosses only need to crack-the-whip to remind their "boys” their that noses better be on the grindstone. Nonimmigrant workers will know that anything less than complete obedience will result in a report to the border patrol – and that means deportation. Higher wage jobs usually require a legal work visa, and the easiest way for employers to import cheap labor is through the use of nonimmigrant visas (NIVs) such as H-1B and L-1. Tancredo's bill is a net gain for these employers because they will be able to import unlimited numbers of workers to replace higher paid U.S. citizens. Tancredo's "Be Real Act" will further the agenda of the radical libertarians who believe that companies have the right to match "any willing employee with any willing employer". His bill might not ever become law but it will haunt the American middle class for a very long time. That's because George Bush used Tancredo's database concept to fashion his own guest-worker to amnesty bill. Bush borrowed some of the worst elements of Tancredo's bill and pasted it onto the "Border Security and Immigration Improvement Act of 2003" sponsored by Sen. John McCain (R-AZ), Rep. Jeff Flake (R-AZ), and Jim Kolbe (R-AZ). The ruling elite in the United States view wage earners as mere commodities that are to be bought and sold at the lowest price that the global market will bear. Many of us thought that Tancredo was different but his "unreal act" proves otherwise.

Rob Sanchez
ZaZona.com Webmaster

Dear Editor:
Anonymous' letter makes an absolutely correct observation about the plight of "E" Visa investors. Where he errs, is in placing blame for his predicament on his "incompetent American and US-educated lawyer". The truth is, Mr. Anonymous' attorney did not write the "E" Visa law, and contrary to his assertion, his attorney did not choose the law that "is not convertible to Permanent Residence." At the time of visa issuance, Mr. Anonymous apparently had no other visa option that would achieve his immigration goal of starting his own business in the US. This is sad, because entrepreneurs who invest are at a disadvantage compared with an L-1 or H-1B, who can merely be a worker and achieve permanent residence through their employer. And it is sad that only Millionaire Investors, rather than Treaty Investors, can avail themselves of permanent residence under the current Investor Visa Program, a program that did not exist at the time. The reality is that without the "E" Visa law, Anonymous never would have been allowed to come to the US to start his business. The irony is that after he has succeeded in business, he will have no lawful basis on which to remain in the US. Yes, I agree that the "E" Visa law works a cruel and ironic fate on law abiding immigrants, such as Mr. Anonymous, and especially on their aging-out children, but blame the legislators. The US needs true immigration reform. Only a complete re-write of the Immigration & Nationality Act can address all the loose ends the hang out of the present Act, as amended, and amended, and amended. On that basis, I oppose current proposed legislation that will put yet one more patch on the broken immigration system. When will the Congress listen to the music?

David D. Murray, Esq.
Newport Beach, CA


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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