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Immigration Daily


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Immigration Daily February 20, 2004
Previous Issues
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Editor's Comments

Labor Certification Strategies

The expected and imminent publication of PERM and the Backlog Reduction initiatives make this a particularly tricky time for formulating winning labor certification strategies. One of the few constants in the pre-PERM and post-PERM worlds is that the SWAs will remain central players in the Prevailing Wage area. However, SWAs often have uniquely indvidual ways of handling the details of a process, and it is generally difficult to keep up with events at different SWAs across the country. Our forthcoming seminar "Are We All Certifiable?" -- An Insider's Tour Through The Maddening World Of Labor Certification features representatives from a number of SWAs to help navigate both the pre-PERM and post-PERM rapids. This is a singular opportunity to listen to the major SWAs at one time in one place, and would be especially beneficial to those with labor certification cases in more than one state. The telephonic series, led by veteran practitioner Angelo Paparelli, will feature noted BALCA expert Joel Stewart among other distinguished speakers. Law offices around the country can participate by phone in the seminar (this is also a great training tool for the entire law firm staff, one registration covers everyone sharing a speakerphone). The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the SWA representatives and distinguished practitioners on the panel. The deadline to register is Monday, February 23rd. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:


Meet The SWA Chiefs - Outstanding Event In Labor Certs

For the first time ever, the four SWAs where the largest number of labor certifications are filed - California, Texas, New York and Florida - will speak before a national audience. These four SWAs put together receive almost half the labor certification applications filed in the US, and this notable occasion will bring them together in a telephonic seminar broadcast nationwide to labor cert practitioners. In addition to the SWA chiefs, two prevailing wage experts are on the speaker roster which also includes several labor certification luminaries. Here is the speaker round-up for this memorable happening.

  • SWA Chiefs: Deborah Cusimano (CA), David J. Mance (NY), Richard Souder (TX), Sandra Stafford (FL)
  • Prevailing Wage Analysts: Jeneace O'Brien (CA), Danny Romans (FL)
  • Distinguished Practitioners: Angelo A. Paparelli, Jonathan C. Adams, Lawrence D. Bastone, Rebecca P. Burdette, Josie Gonzalez, Catherine L. Haight, Joel Stewart
Even the proposed PERM rule contemplates that the SWA role in prevailing wages will continue. And as the PERM interim final rule remains "always coming but never really arriving", the SWAs' central role in the labor certification process is likely to be with us for some time to come. Everyone involved in labor certs will benefit by being part of this unique seminar series. The seminar is offered by phone, so law offices around the country can participate. It is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the SWA representatives and distinguished practitioners on the panel. The deadline to register is Monday, February 23rd. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

Have You Been Googled? How To Market Your Firm Online In 2004
Peter Boyd, Esq. writes "Having a web site will not drive clients to your firm. Odd that a web designer would write something that bold, but it is true."

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:

Immigration Law News

Remand In Case Of Two Interviews, Two Languages
In Ememe v. Ashcroft, No. 03-1386 (7th Cir. Feb. 12, 2004), the court in deciding a petition to review in an asylum case said that absent an evaluation of Petitioner's language skills, the testimonial inconsistencies between two interviews conducted in two different languages, alone, did not provide adequate support for the immigration judge's conclusion that Petitioner's testimony was not credible.

Performance Test Cannot Be Used To Discriminate Against US Workers
In the Matter of Advance Blinds Corp., No. 2002-INA-302 (BALCA, Feb. 10, 2004), the Board of Alien Labor Certification Appeals said that Employer's use of a performance test to screen out otherwise qualified US workers by only requiring the test after the Alien had already been hired for its quality control supervisor position was not permissible.

Bill To Extend DV Eligibility Beyond Year In Which Applied Introduced
Sen. Chambliss introduced legislation (S. 2089) to allow aliens who are eligible for diversity visas to be eligible beyond the fiscal year in which they applied.

Immigration Is Second Fiddle To Border Security In Talks With Mexico
The Arizona Republic reports "Border security, not immigration, is expected to monopolize a series of meetings that begin today among top Homeland Security Department officials and their Mexican counterparts in Mexico City."

Gender-Based Asylum Issue Under Review By Attorney General Ashcroft
The Boston Herald reports "[A] new decision in Alvarado's widely watched [gender-based] asylum case, under review by US Attorney General John Ashcroft, appears imminent."

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:


Help Wanted: Experienced Immigration Attorney
The Law Office of Lee & Kent seeks an immigration attorney with 5+ years of business immigration experience for its immigration law practice. Qualified candidate must thrive in a busy office setting, work efficiently and effectively, and possess excellent writing and analytical skills. The firm has a well-established immigration practice in the Los Angeles, CA area, and handles a full spectrum of immigration issues. Lee and Kent is a general practice law firm, with practices in business litigation, bankruptcy, and criminal law. We offer an excellent benefits and compensation package. Fax resume and cover letter along with salary requirements to 213-380-2826 or email Justin M. Lee, Esq., hiring partner at (no phone calls please).

Help Wanted: Immigration Attorneys And Paralegals
Jasinsky Immigration Law LLC has openings for both immigration attorneys and paralegals with business immigration experience for its offices in Stamford, Connecticut and in Columbus, Ohio. Minimum 1-year employment-based immigration experience is preferred for both attorney and paralegal positions. Email cover letter, resume + salary requirements, along with the position sought to:

Immigration Law Books
Reserve your 2004 copies now. No immigration attorney should be without a complete, up-to-date reference library for all his/her primary resource needs. The 2004 edition of The Whole Act – INA, provides annotations, footnotes, editorial notes, updated Topical Index with a separate Index of Appendices, and 49 Appendices, to help both novice and experienced practitioners alike efficiently navigate the complex labryinth of immigration statutes. The 2004 edition of regulations in 2 volumes (both immigration regulations – 8 CFR – and all immigration-related regulations of the DOL, DOS, and DOJ) includes the latest changes in the regulations + handy and most detailed Topical Indices for each. The 2004 edition of Patel's Citations, covering the history and treatment of all reported administrative precedent decisions under immigration and nationality law, keeps you abreast of the status and standing of all such immigration citations (e.g., reversed, affirmed, modified, followed or not followed, criticized, distinguished, etc.). This entire reference library consisting of the Act, Regulations, and Citations, is an indispensable reference tool that you will reach for day after day. Reserve your 2004 editions now. We offer a 30-day money-back guarantee. If you're not satisfied with your purchase within 30 days of receipt, you can request a full refund - no questions asked. The 2004 editions will arrive hot off the presses (target publication March 2004). For more information or to reserve your pre-publication advance copies see here.

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Letters to the Editor

Dear Editor:
Below is an excerpt of a press release submitted by Human Rights First.

Will women who flee gender-based abuse receive asylum in the US? A survivor of domestic abuse from Guatemala, Rodi Alvarado, will soon find out if she will be granted asylum in the US - or face deportation to Guatemala and the danger and persecution she fled. The decision in this case will not be by an immigration judge, but by the Attorney General himself - and his decision will not only affect Ms. Alvarado, but many women who have survived gender-based persecution and come to the US seeking asylum. Such gender based abuse includes: sex trafficking, sexual slavery, honor killing and domestic violence. Briefs in her case are due tomorrow, February 19, to the Attorney General. Ms. Alvarado's attorney and the Department of Homeland Security will file the primary briefs arguing the merits of the case. Human Rights First (the new name of the Lawyers Committee for Human Rights) has signed a friend of the court brief on behalf of Ms. Alvarado, written by the Harvard Law School Immigration and Refugee Clinic at Greater Boston Legal Services. The brief includes signatories from nearly 100 human rights, women's rights and faith based organizations and calls upon the Justice Department to recognize that domestic violence, when tolerated by a national government, is a legitimate basis for asylum. "There is widespread support for a grant of asylum in Ms. Alvarado's case," said Eleanor Acer, director of the Legal Asylum Program at Human Rights First. "If the Attorney General limits asylum for women who have faced gender-based persecution, it will be a real step backwards for the U.S. and will endanger the lives of Ms. Alvarado and many other women."

Amanda Branson Gill
Human Rights First (formerly Lawyers Committee for Human Rights)

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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