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

Fortune 500 Company Supports Immigration

A Fortune 500 Company has taken a public stance on the immigration debate (see item below). Colorado-based First Data Corp., the world's largest provider of money transfers, publicly supports Rep. Tancredo's Democratic opponent, Joanna Conti, in the fall election. Rep. Tancredo's district is gerrymandered like most House districts across the country, and is overwhelmingly Republican, so his re-election is quite likely. This makes First Data Corp.'s stance even more remarkable. Keeping in mind that immigration is a substantial benefit to the American economy in general and American business in particular, we urge other Fortune 500 companies to follow First Data's example in supporting immigration publicly.


ILW.COM Focus

DHS Representatives On Service Center Issues

The final session of "Grant Me This Much: Obtaining Immigration Benefits From The USCIS Regional Service Centers" features the following speakers

DHS: Donald Neufeld, Director of the California Service Center, Brett Gregg and Ernestine Leslie, both from the CSC, and Stephen Zawacki from the office of the CIS Ombudsman Practitioners: Adam Green, Angelo A. Paparelli (discussion leader)

The deadline to register is Tuesday, July 6th. For more info, including detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/may2004.shtm. (Fax version: http://www.ilw.com/seminars/may2004.pdf.)


Featured Article

Kissing Cousins: H-1B, L-1 And How We Can Love Them Both Without Really Trying
Gary Endelman writes "What has brought the H and L together is a bedrock belief by those globalization has left behind that both visas serve to take jobs away from American workers by facilitating their exodus to low-wage markets abroad and depressing the wages for those jobs that remain."


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

St. Cyr Expanded By 3rd Circuit, Circuits Now Split On Scope Of Impermissible Retroactive Effect Of IIRIRA Section 304(b)
In Ponnapula v. Ashcroft, No. 03-1255 (3rd Cir. Jun. 28, 2004), the court quoted St. Cyr's holding and said that where the Petitioner demonstrated clear and reasonable actual reliance on the 212(c) relief in making the decision to go to trial, there was an impermissible retroactive effect of IIRIRA section 304(b) under traditional Landgraf analysis. The 3rd Circuit is the first to hold this expansion in St. Cyr's interpretation, and this holding disagrees somewhat with comparable holdings by the 1st, 2nd, 4th, 7th, 9th, and 11th Circuits.

Fortune 500 Company Attacks Rep. Tancredo
The Denver Post reports "The skirmish with [Rep.] Tancredo is just one in a series of moves by First Data - Colorado's biggest company by market capitalization, valued at $38.5 billion] to shape the country's ongoing public policy debate over immigration.


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: International Legal Coordinator
International Legal Coordinator (multiple openings) - Bachelor's degree in Law, International Studies/Relations, or languages. Requires 2 years' experience in preparation of business and work visa petitions and applications. Experience must include visas for foreign countries with diverse immigration systems. To apply, send resume to atlstaffrecruit@paulhastings.com. Include reference name: HR/IMM. No Phone Calls Please. Paul, Hastings, Janofsky & Walker LLP, 600 Peachtree Street, Suite 2400, Atlanta, GA 30308

Help Wanted: Experienced Immigration Attorney
Are you looking to join a fast-paced 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, has immediate openings for a moderately experienced Immigration Lawyer to work at its office in Irvine, California. If you have what it takes, you will work with multinational companies and high-achiever individuals to perform the full range of immigration legal services for employment-based and family-based immigration clients. You will use computer software extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, Power Point, etc.), and become immersed in cutting-edge immigration law issues. This job is for you if you are a multi-talented multi-tasker, detail oriented, express yourself well in person and on paper, work well as part of a team, love challenges, are willing to work hard, have a spotless ethical record, are admitted to practice law in California or another state and have up to three years of U.S. immigration law experience. If you'd like to pursue this exciting opportunity, fax your resume + cover letter to Chris McCoy at 949-955-5599 or e-mail her at cim@entertheusa.com. For background, see our web site: http://www.entertheusa.com. No phone calls please.

Immigration Law Conferences
CGFNS Hosts A Special Educational Initiative in Your Community - New U.S. Department of Homeland Security (DHS) Visa Regulations for Foreign Health Care Workers. As part of a major change in federal policy affecting hiring of foreign health care workers in the U.S., the DHS has issued new Section 343 rules requiring foreign health care workers who are seeking temporary or permanent occupational visas or Trade NAFTA status to obtain a special visa certification in order to deliver patient care and provide health care services in this country. The Commission on Graduates of Foreign Nursing Schools (CGFNS)/International Commission on Healthcare Professions (ICHP) are sponsoring a special educational program in your community about the new DHS rules. This timely educational initiative is designed to provide you with important information about the new rules and facilitate the process for foreign health care workers to obtain a visa certificate through the CGFNS/ICHP specially designed Visascreen™ program. The new federal DHS rules apply to: Registered nurses and licensed practical (vocational) nurses, Audiologists, Physical Therapists, Medical Technicians, Occupational Therapists, Medical Laboratory Technologists, Speech-Language Pathologists, Physician Assistants. Session Locations include: Washington, D.C. - Monday, June 14th, Chicago, IL - Thursday, July 8th, Miami, FL - Monday, August 23rd, Philadelphia, PA- Monday, August 16th, Seattle, WA - Monday, September 27th, New York, NY - Monday, October 4th, San Francisco, CA - Monday, October 18th, Atlanta, GA - Monday, November 1st. To register, contact Marla Downing, email: mdowning@cgfns.org, telephone 215-222-8454, x.242. Or visit http://www.cgfns.org/cgfns/newsandevents/specialevents.html

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

Readers are welcome to share their comments, email: editor@ilw.com.

Dear Editor:
I am the Acting Director of the Nebraska Service Center, USCIS and am writing in response to Sally Wu's question in Immigration Daily. The currently-posted processing times for I-140s are incorrect. A revised processing time report is being sent to USCIS headquarters and will be posted as soon as possible. We ask your indulgence during the time it takes for this to happen and ask that, for the time being, you base your out-of-processing-time I-140 inquiries on the prior processing time report.

Gregory W. Christian

Dear Editor:
This information is in response to Sally Wu's query about the processing time in Nebraska center. According to AILA, Nebraska Service Center advises that the wrong dates were provided on the 6/15/04 Processing Time Report for I-140 skilled and unskilled workers. The 7/1 report should be out shortly. In the meantime, we should use the dates from the 6/1/04 report for these two categories.

Baoqin Wang
Beaverton, OR

Dear Editor:
Once again Chucky's letter to the Editor needs to get his facts straight. His argument has changed from "there is no need for H-1B's" to it is simply "unfair" for employers to hire cheap foreign workers. Let's look at the facts. It is far more expensive to hire a qualified foreign worker under the H-1B visa than to employ a qualified American worker. The employer must deal with the filing fees, legal fees, and the interminable delays in getting the foreign person on board. "Cheap foreign labor" is a figment of Chucky's imagination. Employers are required by law to pay the exact same wages and benefits as they pay their American workers. It is illegal to pay them less. Employers must pay the same wages and benefits as American workers receive. The company has to pay for the legal and filing fees and other costs. Extensions are also added on. Delays occur preventing the employee from getting to the work and becoming productive. Relocation costs are far more. Those are the facts. So why would an employer hire a foreign worker when it is so much more costly? Maybe it has something to do with a word Chucky's letter used in his latest response, that word is "qualified". Also, let's remember that of the claimed 6 million US workers seeking jobs, only a tiny fraction of that number are in fields that H-1B workers might occupy. Only professional level jobs are able to be filled by H-1B workers. Of the remaining 98+% of the six million, H-1B workers have nothing to do with their unemployment situation. The facts are that the vast majority of the unemployed don't have the education and skills to fill the jobs that H-1B workers fill. When local companies in Southern California report publicly they are seeking engineers in the hundreds, the facts clearly show that the issue of qualifications is what is in dispute. These jobs pay well and the benefits are outstanding. However, to be hired a candidate has to be qualified. That is the issue.

Peter Larrabee

Dear Editor:
It serves nobody good to throw out unsupported and misleading statistics. Perhaps truth would better be served by correspondents to Immigration Daily, who quote sources of statistical information, to cite the authority supporting their claims made. Chucky's letter states, "the facts as they exist are we have 6 million unemployed and qualified Americans who are being overlooked by employers who want to exploit cheap foreign labor at any cost. The increase we have seen in offshoring is employers simply taking it one step further by hiring even cheaper labor in the foreign country itself to gain the purported competitive edge and increase their profit margins. It has very little to do with any H-1B cap." I challenge anyone to documentarily, or by way of reliable statistical information, support the claim that there are 6 million unemployed and qualified H-1B-type specialty American workers in the US, come forward now, or forever hold your peace. Failure to pay prevailing wage may result in a denial of the issuance of a visa at the consulate, and in some instances, where CIS sends an RFE, failure to renew an H-1B Petition at a CIS Service Center, not to mention the specter of employer prosecution for violation of the law. As to offshoring, what it has to do with H-1B visas, is that if employers cannot obtain the labor they need in the USA, they may be forced to go where the labor is, whether or not it is their first choice to do so. Outsourcing often has quality control factors that militate toward paying higher wages to workers inside the US, citizen and alien alike, in order to guarantee local control and efficient resource management. Without an adequate H-1B visa system, employers in many high-tech businesses may have to chose between not getting the work done most efficiently, or not getting it done at all.

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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