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Immigration Daily February 2, 2004
Previous Issues
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Editor's Comments

Another En Banc BALCA Decision

In an en banc decision, BALCA reviewed and declined to disturb an earlier 1994 decision which said that "Although the landscaping jobs may be considered full-time during ten months of the year, and the need for these jobs occur year after year, they cannot be considered permanent employment, as they are tempoarary jobs that are exclusively performed during the warmer growing seasons of the year, and from their nature, may not be continuous or carried on throughout the year." In practical terms what this means is that landscapers can be certified in Georgia but not Montana. Thus, American workers who are landscapers in Georgia will enjoy greater protection under our labor certification system than those in Montana. Whether Congress intended this odd result is an open question. The BALCA justified their holding by saying "stare decisis commands adherence to our previous decision." Would that BALCA have remembered stare decisis before its infamous holding in Kellogg (where it simultaneously overruled and did not overrule its prior holding in Delitizer). Such bizarre reasoning is sadly common in our current labor certification system. Perhaps PERM and/or legalization will bring common sense to this area of immigration law. As in the previous en banc BALCA decision which we carried recently, BALCA 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.


ILW.COM Focus

Law Firm Marketing - Offline And Online

All immigration law firms in the USA and Canada are eligible to participate in the following, even if the firm is not currently a member of ILW.COM's directory of immigration lawyers. The agenda for the workshop is as follows:

1. Where Do Online Efforts Fit In A Firm's Overall Marketing Program

  • Online as percentage of average marketing budget
  • Corporate customers: Where does online fit
  • Online vs. Yellow Pages advertising
  • How to leverage online efforts in word-of-mouth marketing
2. Components Of The Online Marketing Effort
  • Website hosting and maintenance
  • Corporate prospects and the law firm website
  • Content costs money
  • Promoting the website - search engine optimization vs. paid listings vs. directories
3. Listing On ILW.COM
  • Link to your website
  • Most searched states, specialties, languages
  • Secrets of an effective listing
  • Chat as a client referral tool
  • Additional cities and states
Requests for registration should be sent to webmaster@ilw.com. This 45-minute long free workshop for immigration lawyers will be on Thursday, February 5th (1.15pm to 2pm ET). Once again, all immigration law firms in the USA and Canada are eligible to participate, even if the firm is not currently a member of ILW.COM's directory of immigration lawyers.


Featured Article

Presidential Papers Historical Series: Special Message To The Congress On Immigration Matters (Dwight D. Eisenhower: 1953-1961)
President Eisenhower sent this message to Congress on January 31, 1957.


Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/

Immigration Law News

10 Months A Year, Year After Year, Is Not A Permanent Job
In the Matter of Crawford & Sons, No. 2001-INA-121 (BALCA, Jan. 9, 2004), the Board of Alien Labor Certification Appeals, in an en banc decision, agreed with a prior en banc holding in finding that landscaping jobs may be considered full-time during ten months of the year, year after year, but they could not be considered permanent employment as they are temporary jobs that are performed during the warmer growing seasons of the year and from their nature may not be continuous or carried throughout the year. The BALCA noted that Congress had more than ten years to introduce and pass legislation to supersede the BALCA's interpretation of the pertinent statutes.

"Other Resistance" To China's Population Control Is Persecution
In Li v. Ashcroft, No. 00-70157 (9th Cir. Jan. 29, 2004), the court said that a woman who announced her opposition to China's population control policies and was thereafter subjected to a forced gynecological exam and threatened with future abortion, sterilization of her boyfriend, and arrest, was persecuted for "other resistance" to China's population control policies and thus, persecuted on account of political opinion. This decision included a lengthy dissent.

USCIS Employer Bulletin Information On Non-immigrant Employment Classification
The Office of Business Liaison of the USCIS released an employer information bulletin on nonimmigrant employment classifications.

Secretary Powell Speaks On Visa Issuance
During remarks at the Civil Society Event in Russia, Secretary Powell said, "We have put in place a number of new policies with respect to the issuance of visas and who will be permitted to enter the country as a way of protecting our homeland, but also as a way of protecting travelers, people who are on airplanes coming to our homeland."

DOS Responds To Deportation Of Syrian-Canadian To Syria
During a press briefing, Department of State spokesman Boucher responded to the question, "do you think that the US Government is willing to acknowledge it made a mistake in deporting [the Syrian-Canadian] at this point?"

US VISIT Succeeds In Catching Immigration Violators, Not Terrorists
Government Executive Magazine reports "A new visa system at the nation's borders is catching more immigration violators and criminals, but it has yet to uncover anyone suspected of terrorism-related activities, according to homeland security officials."

9th Circuit Says Gang-Like Gynecological Exam Of Chinese Asylee Meets Persecution Standard
The San Jose Mercury News reports "In a ruling that could enable many more people to qualify for political asylum after resisting population control policies, a federal appeals court said Thursday that a Chinese woman who suffered through a rape-like gynecological exam met Congress' definition of persecution."


Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info: http://www.ilw.com/membership/

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.

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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Editorial Advisory Board
Marc Ellis, Gary Endelman

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