Fate Of RIR Denials
In a BALCA case we carry today, consolidating 17 matters in each of which Sun Microsystems, Inc was the Employer, the BALCA said that denied RIRs should be remanded to the SWA for regular recruitment, and that such RIR applications should not be denied outright. Despite the existence of a previous BALCA decision on point, the CO decided the matter against the employer. This decision once again points out one of the important reasons why the Labor Certification process is widely regarded as an Alice in Wonderland system - the fact that BALCA decisions are not binding on COs. As DOL improves this dysfunctional system, one of the important reforms would be making at least en banc BALCA decisions binding on Certifying Officers. For the case, see below.
Doctors, Nurses And Other Health Professionals: Current Immigration Issues
The curriculum for our new seminar "Doctors, Nurses And Other Health
Professionals: Current Immigration Issues" is as follows:
FIRST Phone Session on April 29:
1. Current Issues in Obtaining - or Avoiding - the J-1 Options for Medical
Residents under the H-1B Cap
2. Waivers for Doctors: The State of the Art
- Arguing "Exemption" for Non-Profit Hospitals
- Current Issues in O-1 eligibility for clinicians
- I-140/I-485 Options for Residents
- Conrad 30 options: the best and worst states
- Specialists in the Conrad 30 program
- H-1B cap issues for waiver cases
- The VA solution: NIW-based I-485 before the waiver is approved
- Dealing with changes in employment
SECOND Phone Session on May 20:
Nurses and Allied Health Care Professionals
1. Final rules related to the certification of foreign-educated healthcare
2. Schedule A Labor Certification Issues
- application to TN and temporary visas
- initial application and adjustment of status
- transition period
- USCIS approval of certifying agencies
- How the rule will affect recruitment
3. Other Hot Occupations for Immigrant Health Care Professionals
- Qualifying employment for Schedule A
- Visa processing in India and the Philippines
- Success rate on the NCLEX-RN for the foreign educated nurse
- Other countries for Nurse Recruitment
- Pharmacists, Dentists, and Chiropractors
- PTs, OTs, and other therapists
- Medical technologists
THIRD Phone Session on June 21:
Health Care Licensing for Foreign-Educated
1. State Licensing Issues
- Other Health Professionals
The deadline to register is Tuesday, April 27th. For more info, including
detailed curriculum, speaker bios,
and registration information, see: http://www.ilw.com/seminars/april2004.shtm. (Fax version:
Children Without A Country
Margaret Graham Tebo, Esq. of the American Bar Association writes about the plight of unaccompanied children in our immigration system.
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
Labor Cert Should Be Remanded To SWA When RIR Is Denied
In the Matters of Sun Microsystems, No. 2003-INA-302 thru 312, 2004-INA 4 thru 6, 2004-INA 43 thru 44, 47 (BALCA, Jul. 3, 2004), the Board of Alien Labor Certification Appeals said that if the RIR was denied, the correct process would have been to remand the application to the State Workforce Agency, not to deny the application outright.
Asylum Applications Processing Schedule
USCIS provided a schedule under which it will process pending asylum applications.
Massive Delays In Processing Benefits Continue
The Seattle Post-Intelligencer reports "Processing times -- for everything from renewing an annual work permit to securing permanent legal residency -- have as much as quadrupled over the past 18 months, despite the Bush administration's pledge to cut waiting times in half."
CBP Denies Entry To Pastor
The Ironwood (Michigan) Daily Globe reports that a pastor "has had a serious problem with immigration which resulted in his not being allowed to reenter the United States."
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/
Help Wanted: Experienced Immigration Paralegal
Immigration Paralegals needed for a small, downtown, very collegial/lifestyle-oriented Boston general business law firm with an employment immigration practice, including financial services, technology and biotech and medical clients. Looney & Grossman LLP seeks experienced and very detail-oriented individuals with 2+ years experience working at a leading immigration firm or for a leading attorney. Qualified candidate must have well developed web/computer skills, ability to consistently multitask and the flexibility
needed for providing excellence in client service. Excellent oral and written communication skills are required. We offer a competitive salary and benefits package and a chance to enhance your already developed immigration skills. Please submit resume to Carolyn J. Fuchs at firstname.lastname@example.org or fax to: 617-951-2819. EOE.
Labor Certification Advertising
A free service to you. LegalAd Services places your labor certifications, nationally in the newspapers, trade journals, and and all required print publications. We also place your labor certifications on the web. LegalAd Services does this free for you; as an advertising agency we receive a discount from the placing media, so your cost is the same, no additional out-of-pocket expenditures. We help write, place, follow the tearsheets, eliminating a great deal of the administrative hassle that is involved in running your labor certification and it costs you nothing additional to use the service. A win-win. Please contact us today, we are here to help. LegalAd Services 1-866-460-7006 or email LegalAd@comcast.net.
Help Wanted: Immigration Attorney
The Law Offices of Bernard P. Wolfsdorf seek to hire an associate attorney with 1-2 years experience in immigration for its
Pacific Palisades, CA office. Ideal candidates should have experience with all aspects of business immigration. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (RIR and traditional), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Will manage caseloads with large degree of independence, communicate with and maintain client status reports, prepare bills, and serve as a team resource. Applicants should submit resume + cover letter to T.L. Loke Walsh: fax (310) 573-5093; or
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
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