Clock Ticks On AGJOBS
AGJOBS was until recently, billed as the one immigration legislation with enough support to pass a divided Congress, a measure that would grant qualified agricultural workers and their families temporary legal status in the US, with a path to obtaining a green card. However, it appears that AGJOBS has stalled in Congress in recent days. A symbol of the legislations' difficulties occurred last Wednesday, when Sen. Larry Craig (R-ID) sought to tack the bill onto an unrelated class-action lawsuit reform bill. Senate Majority Leader Bill Frist fended off the effort (see news item below). President Bush has said little on the topic, while Democratic Presidential candidate John Kerry has pledged a comprehensive immigration reform bill to Congress in his first hundred days as President, including his signing of a bill that would help farmworkers. With little time remaining, the fate of AGJOBS looms. Immigration Daily will keep you informed of the latest developments.
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An Immigration Roundup
Jose Latour et al. provide a roundup of recent immigration events.
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Immigration Law News
8th Circuit Clarifies Standard On Downward Departure Based On Willingness To Waive Deportation Rights
In US v. Ramirez-Marquez, No. 03-1789 (8th Cir. Jul. 8, 2004), the court said that a Defendant seeking a downward departure for waiving deportation rights must demonstrate a colorable, non-frivolous defense to deportation and show a waiver of that defense would substantially assist the administration of justice.
DOS Issues Information On Discontinuation of Domestic Visa Revalidation Services
The Revalidation Division of the Department of State issued information in connection to the discontinuation of its domestic visa revalidation (or reissuance) service.
AgJobs Legislation Stalls In Congress
The Sacramento Bee reports "Despite high hopes by proponents and furious Senate maneuvering in recent days, the only immigration reform plan deemed to have a chance in Congress this year has stalled."
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Case Management Technology
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Help Wanted: Experienced Immigration Attorney
Are you an expert in immigration law? Do you have high energy? Are you process oriented and extremely organized? If yes, Microsoft has an opportunity for you in Redmond, WA. We are seeking an immigration attorney to take on a new position within our immigration team. Key responsibilities include: I-9 compliance and J visa issues; Ensure regulatory compliance; Implement internal controls and review existing processes; Possible travel to Microsoft sites to conduct I-9 compliance trainings; Due diligence reviews and analysis to M&A teams; Secure legal work authorization in the US for individuals on temporary/permanent basis. Desired qualifications include: 5+ years of solid business immigration experience, ability to effectively lead and motivate others, excellent writing skills, exceptional communication and interpersonal skills, strong attention to detail, proficiency with Microsoft technology a plus, BA/BS and JD required. Submit resume in word format to firstname.lastname@example.org and please indicate job code N145-115057 in the subject line.
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
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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: email@example.com, telephone 215-222-8454, x.242. Or visit http://www.cgfns.org/cgfns/newsandevents/specialevents.html
Help Wanted: Experienced Immigration Attorney
Business Immigration Attorney with 4-6 years related experience sought for the mid-town NY, NY office of Fragomen, Del Rey, Bernsen & Loewy LLP. Must possess excellent analytical and client service capabilities, and be familiar with all immigrant and non-immigrant visa categories. Please fax or email your resume + writing sample to Rick D'Aversa at 212-891-7566 or firstname.lastname@example.org.
Help Wanted: Experienced Immigration Attorney
Do you have a passion for writing? Do you find using technology to enhance business communication satisfying? Are
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legal work authorization in the US on a temporary and permanent basis. Desired qualifications include: 5+ years of solid business immigration experience, Excellent writing and editing skills with an emphasis on writing, immigration content for a variety of audiences, Demonstrated ability to manage legal staff, Proficiency with Microsoft technology a plus, BA/BS and JD required. Please submit your resume in word format to email@example.com. Please indicate job code N145-114972 in the subject line.
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 firstname.lastname@example.org. Include reference name: HR/IMM. No Phone Calls Please. Paul, Hastings, Janofsky & Walker LLP, 600 Peachtree Street, Suite 2400, Atlanta, GA 30308
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Letters to the Editor
Readers are welcome to share their comments, email: email@example.com.
I am responding to some analysis made in the July 12, 2004 Immigration Daily issue relating to the DOL's semi-annual regulatory agenda, and DOL’s labor cert backlog reduction effort. Regarding the backlog reduction centers, you said, “this would lead to a significant reduction in labor cert processing times in most backlogged states over the next 12-24 months, with a concomitant change in labor cert strategy for many law firms.” I am not certain what serves as the basis of your comments, but wanted to clarify based on information I heard when I attended the AILA Annual Conference in Philadelphia last month. I heard Bill Carlson of DOL say on more than one occasion that the backlog centers will be in Philly and Dallas, and that they will focus initially on cases pending in the states covered by the regional offices of DOL in Philly and Dallas, respectively, then they will move to provide support for the states covered by the regional offices of DOL in Atlanta and Chicago, who will have exclusive jurisdiction on PERM cases. And finally the backlog reduction plan will go to the West Coast. I recall Ed Litwin lamenting this proposal, as obviously California has seen some of the worst DOL processing times for labor certs. I think Immigration Daily subscribers might benefit from this additional piece of information.
Robert P. Webber
Webber Law Firm, LLC
This letter is in reply to Aikba T.'s letter, who recounts a "humiliating" experience of having to be fingerprinted, not once, not twice, but three time as part of US-VISIT. Being thrice fingerprinted can hardly be described as a "humiliating process" to be "endured". In light of recent world events, I'm sure we can all identify what true humiliation is. Extending one's index finger three times on an inkless fingerprint pad, leaving not so much as a smudge, is arguably inconvenient, but is in no way humiliation. Waiting in line at the bank, post office, DMV, or airport is annoying to everyone, but these are all experiences to be grin and bared. It is particularly curious to me that, as a visitor from Japan, he would be affronted by the US-VISIT program, in light of this country's widely acknowledged fastidious bureaucracy. I have no doubt that Akiba T. is a well-meaning visitor to the US, but he would surely acknowledge that this in not true of every alien in every line at every port of entry. The US-VISIT program is proving itself to generally be an effective and efficient means of assuring this.
San Francisco, California
Just what is Kim Mensah's letter suggesting? That we not bother with illegal aliens who enter without inspection because it's only those who enter on visas who are terrorists? How nonsensical. If we tighten the formal process for entry, as we have been doing, are terrorists going to throw up their hands and say "we give up"? No, they'll enter illegally. How does one tell someone who has entered with a visa, albeit one fraudulently obtained, and overstays, from someone who is EWI, without holding them? Many who have overstayed also work as kitchen help, cleaning staff, and so on--not just those who EWI. And, having identified them as illegally present, it is a dereliction of duty to ignore their illegal presence. In fact, the presence of many illegal aliens who are not terrorists severely compromises government's ability to identify those who are. Lest Ms. Mensah claim that "legalization" is the route to go, no way. This also diverts resources not only from anti-terrorism efforts (amnesty applicants would still need to undergo security checks), but from the processing of legal immigrants. Some terrorists have also gained legal status and even citizenship from amnesty programs, which facilitated their terrorist aims.
Ultimately, the simple fact is that illegal immigrants, whether those who enter without inspection or those who violate visas, terrorists or cleaning ladies, represent a threat to the ideals of law and order, and basic fairness, which is a more insidious threat to America than bombings.
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