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Immigration Daily August 3, 2004
Previous Issues
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Editor's Comments

Al Qaeda And DHS

Intelligence information reported in the news today indicates Al Qaeda has targeted specific buildings in Washington D.C., Newark, and New York City. In the event Al Qaeda does strike again, the USCIS should not be held to blame. Legacy INS was held accountable for issuing visas to the 9/11 terrorists. As a result, the entire organization was dismantled and the DHS was created. The USCIS's central mission is to deliver immigration benefits. Absent intelligence information that places a particular person on a terrorist list, the USCIS should not be expected to identify who the next Al Qaeda operative will be. Rather, security efforts should be ramped up and the efforts of ICE, CBP, and other agencies at the DHS should be diverted from routine immigration violations to protecting our country against fanatic Islamists. Further, the DHS should direct the DOS to eliminate 214(b) review which consumes the lion's share of consular officers' time, and divert this time to security instead. The upshot of all this would be increased immigration for those who want to work and a more secure US.


ILW.COM Focus

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  • Larger font size - makes reading easy on the eyes
  • Heavier paper stock - higher quality paper ensures pages withstand wear and tear
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The WHOLE Act
  • Annotations - eliminates the need to flip back and forth between various statutory cross-references, by providing a succinct summary of each referenced statute immediately following each paragraph - The WHOLE Act is the ONLY fully annotated version of the INA
  • Footnotes - details the history of statutory changes - what changed
  • Appendices - covers all immigration statutes outside the INA
  • Topical Index - the extensive incorporation of user feedback repeated annually since 1987, much longer than any other immigration law publisher, gives this index its unsurpassed quality, ease of use, and comprehensiveness
Regulations
  • Two-volume set - 8 CFR Plus (USCIS) and 20/22/28 CFR Plus (DOL/DOS/DOJ)
  • Comparative Table - at-a-glance view of all changes in 2003-2004 for 8 CFR Sections (pre- and post- Homeland Security Act of 2002)
Citations
  • Standing - contains standing of precedent I&N adminstrative decisions based on subsequent I&N decisions and federal court decisions

Try using Patel's Immigration Law Books for yourself. We offer a 30-day money-back guarantee - no questions asked. For more information, including sample excerpts and ordering information, see here.


Featured Article

Certifications of Foreign Health Care Workers
Gregory Siskind writes "Why do health care workers require special certification?"


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Immigration Law News

USCIS Announces Changes In Photo Standard
The USCIS announced a change in the photo requirements for all applicants from a three-quarter face position to a standard, full frontal face position to take effect August 2, 2004. For the press release, see here. For a photo flyer, see here.

EOIR OPPM On Telephone or Video Conferences
The Office of the Chief Immigration Judge of the EOIR issued guidance for cases in which an immigration judge conducts a hearing through telephone conference or through video conference.

EOIR Fact Sheet On Common Immigration Court Proceedings
The Executive Office for Immigration Review issued a fact sheet on the most common types of immigration court proceedings.

EOIR Fact Sheet On Representation Of Aliens In In Immigration Proceedings
The Executive Office for Immigration Review issued a fact sheet on the representation of aliens in immigration proceedings.

Human Smuggling Leads To Rise In Deportation Cases For Immigration Attorneys
The Los Angeles Times reports "The rise in human smuggling across Southern California is creating a cottage industry of lawyers who represent immigrants captured in police raids, legal help that federal authorities said has ultimately allowed some illegal immigrants to avoid deportation."


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Classifieds

Help Wanted: Immigration Attorney
The Law Offices of Michael J. Gurfinkel, an immigration law firm, seeks an associate attorney for its Los Angeles office. Ideal candidate should have minimum 3+ years extensive experience in all immigration law areas, including removal/deportation, AOS interviews, family and employment based petitions, and consular processing. Must be willing to travel outside Los Angeles area. Please send resume + salary requirements to Millie by fax: 818-543-5802 or email: attorney@gurfinkel.com

Help Wanted: Immigration Attorneys
Jackson & Hertogs, based in San Francisco, CA, seeks experienced associates to work in multifaceted roles on a wide range of both nonimmigrant and immigrant cases. Successful candidates must be highly accountable individuals who take initiative and consistently deliver exceptional client service. Ideal candidates should possess the following: JD and licensed to practice law in the US; 2-5 years experience in employment-based immigration law; strong legal research and writing skills; highly motivated and detail oriented; excellent oral and written communication skills; excellent PC skills including Word, Excel, Powerpoint, email applications and immigration database/forms software. ARIA software experience preferred. Submit cover letter, resume, writing sample and references to Jennifer Wadhwa, Human Resources at: Jackson & Hertogs, 170 Columbus Avenue, Fourth Floor, San Francisco, CA 94133 or hr@jackson-hertogs.com.

Help Wanted: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks an experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidates should have a bachelor's degree, experience with all aspects of business immigration, including all types of immigrant visa petitions, labor certifications, adjustment of status and consular processing, and nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Submit resume + cover letter to Michele A. Buchanan, Esq. at: MBuchanan@wolfsdorf.com. Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.

Help Wanted: Immigration Paralegal
The Law Offices of Michael J. Gurfinkel, a prestigious Glendale, CA law office seeks an immigration paralegal with 2+ years solid experience in family, employment-based petitions, and deportation\removal defense. Excellent English writing skills and attention to detail required. Must be computer literate. Knowledge of Filipino language is a plus. Send resume to the attention of Millie by fax: (818) 543-5802 or email: paralegal@gurfinkel.com.

Help Wanted: Exchange Visitor Programs Manager
The American Council on International Personnel, Inc., (ACIP) is a not-for-profit trade association dedicated to facilitating the international movement of personnel. ACIP seeks an experienced professional to manage our two Exchange Visitor Programs in the Washington, DC office and is the primary contact for our J-1 visa and Canadian internship programs. Responsibilities include: responding to program inquiries; timely applications processing; frequent communication with ACIP member participants; liaise with DOS and Consular officials; SEVIS compliance; annual report preparation; file maintenance; and, continual process improvement. Adherence to all applicable laws and regulations is required. Our ideal candidate has: experience administering a J visa exchange program, including SEVIS; excellent communication skills; demonstrated commitment to customer service; ability to prioritize tasks, problem-solve and work independently. Must be a US citizen or LPR. This is a FT position. Work hours are flexible but must be available to respond to urgent client matters outside of normal business hours. Limited travel may be required. Email resume, cover letter and salary req. to dcreception@acip.com. No phone calls please.

Help Wanted: Immigration Paralegal
Ellis & Ged, PA, a fast-growing immigration law office in Boca Raton, FL, seeks an experienced immigration paralegal. Minimum 2+ years experience, with strong writing skills and emphasis in employment-based immigration. Bachelor's degree preferred. Salary commensurate with experience. Excellent work environment. Must be detail-oriented, well-organized and computer proficient. Please submit resume to Richard Hujber by email: richardh@ellisandged.com or fax: (561) 241-0812.

Immigration Law Conferences
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 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. 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. Upcoming session locations include: Miami, FL - Monday, Aug. 23, Philadelphia, PA- Monday, Aug.16, Seattle, WA - Monday, Sept. 27, New York, NY - Monday, Oct. 4, San Francisco, CA - Monday, Oct. 18th, Atlanta, GA - Monday, Nov. 1st. To register, contact Marla Downing at: mdowning@cgfns.org, (ph) 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.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
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Letters to the Editor

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

Dear Editor:
Can you tell me when is the next live chat with an attorney?

M C

Editor's Note: Immigration Daily does not provide information on chats on ILW.COM (unlike several years ago). This is because we are consciously trying to select material for Immigration Daily with the perspective of professionals in the immigration field in mind. We are still committed to serving the immigration information needs of immigrants and others similiarly situated through Immigrant's Weekly. Immigrant's Weekly carries a monthly schedule of chats on ILW.COM. We also have a free reminder service on the day of each chat that you can subscribe to here.

Dear Editor:
The July 27 Immigration Daily Featured Article by Gregory Siskind's "Visa Options for Nurses: Immigrant Visa..." states that "The VisaScreen certificate must be presented to the USCIS prior to adjustment of status and a US consulate prior to issuance of a permanent residency visa. The certificate is not required at the start of adjustment application or prior to an I-140 application's approval." I think it is dangerous to suggest so. Although the statute and regulation require to present the visascreen certificate, for the purpose of adjustment of status, "at the time of adjustment of status", which did not specify at what point of time, however, the Sept. 22, 2003 Yates Memo expressly stated that "all eligibility requirements must be met at the time of filing the application for adjustment of status". Therefore, at least after 9/22/2003, the CIS takes the position that visascreen certificate is required at the time of filing.

Sara S. Yang

Editor's Note: The July 27th article was untimely in some respects since we published it by combining two articles that originally appeared on Visalaw.com on April 19, 2004 and April 26, 2004, respectively. Gregory Siskind has written a subsequent article incorporating recent changes to the certification of foreign health workers which appears as today's Featured Article.


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

© Copyright 1999-2004 American Immigration LLC, ILW.COM


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