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Immigration Daily September 24, 2004
Previous Issues
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Comment

Current Labor Cert Issues

Current labor cert issues will be discussed in "Preparing For PERM With Joel Stewart", the session-by-session concepts are as follows:

  • September 30th session: The backlog reduction rule that went into effect recently may be more than ministerial change, contrary to general perception. At a minimum, it is important for attorneys to have a grasp over how the files will flow across the different SWAs and Regional Offices into and through the new backlog reduction centers. This and other current matters will be discussed during this session.
  • October 21st session: A BALCA appeal may work more often than is recognized by many attorneys. BALCA matters will be discussed during this session. This session will also feature a look at federal court litigation in unprecedented detail. For example, there exists a circuit split on the threshold issue of jurisdiction - a point that many practitioners are not aware of. Further, Gary Endelman will present points on challenging the regulations which he has been preparing for the last 7 years. Regardless of whether the regs challenged are the current ones at 20 CFR 656, or the new PERM regs soon to come, the fundamental points that Mr. Endelman will make during this session will assist practitioners in either event. Going to court will likely become part of normal labor certification practice in the post-PERM period, hence the importance of this session.
  • November 4th session: At this time, it appears likely that the new PERM regs will be published between November 15th and December 15th. In the period immediately preceding publication, it will be extremely important to make the right strategic decision - should you file, or wait for PERM? should you file RIR or regular? Whatever these calculations may be now, these will be different in the period immediately preceding PERM publication. Further, regardless of when PERM arrives, Prevailing Wage will remain with the SWAs, and prevailing wage concepts are not planned to change in PERM. This session will feature an in-depth look at prevailing wage issues in addition to PERM considerations.
The deadline to register is Tuesday, September 28th. For more info, detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/september2004.shtm. (Fax version: http://www.ilw.com/seminars/september2004.pdf.)


Focus

The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM

Gary Endelman's "The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM", includes the following parts:

I. Introduction: Where We Came Out
II. Legislative History: Present At The Creation
III. Devil Is In The Details: What Was In The Regs?
IV. IMMACT 90: The Chance Not Taken
V. Here Come The Judge: What The Courts Have To Say
VI. Conclusion: Where Do We Go From Here?

This article, seven years in the writing, is the most definitive study of the labor certification statute, regulations, and litigation ever published. With PERM likely to be published (finally!) around November, it is required reading for all those with a serious stake in labor certification. It will be published in Immigration Daily in the next couple of months, but those who sign up for our seminar "Preparing For PERM With Joel Stewart" will receive a special pre-publication copy of the entire article. The deadline to register is Tuesday, September 28th. For more info, detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/september2004.shtm. (Fax version: http://www.ilw.com/seminars/september2004.pdf.)

Prepare your practice for PERM by registering for this information-packed seminar and receive your special pre-publication copy of The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM by Gary Endelman. Don't delay, register today!


Article

A Memorable Immigration Client
Christine Flowers writes "While I know that each individual deserves the same amount of respect and professional attention, it is impossible not to have a preference for certain people at a human level."


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News

DHS Secretary Ridge Says Backlog Will Be Eliminated By 2006
During a speech at the USCIS Civic Integration Symposium, DHS Secretary Ridge said, "...Director Aguirre's backlog elimination plan is not only working, but is ahead of schedule. We fully expect to meet our goal of having the backlog down to zero by 2006."

CRS Report On Border Security And Unmanned Aerial Vehicles
The Congressional Research Service issued a report on the use of unmanned aerial vehicles (UAVs) to improve border security (courtesy of Stephen Yale-Loehr and Dan Kowalski of Bender's Immigration Bulletin).


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Classifieds

Help Wanted: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidates should have 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 and cover letter Ms. Michele A. Buchanan, Esq. at MBuchanan@wolfsdorf.com. Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.

Position Sought
Recent law graduate, who recently completed New York and New Jersey Bar Exams, seeks FT associate immigration law position in New York City metropolitan area. Possess experience in business immigration and asylum law, but open to all areas of immigration law. Energetic and motivated. Willing to learn and excel as an immigration attorney. References available upon request. For more information, including resume, contact Lucy Magardichian at lmagardichian@yahoo.com or (646) 641-0293.

Immigration Website For Sale
RapidImmigration.com, a multilingual website (English, Chinese, Spanish) is available for sale. RapidImmigration.com is one of the top five US immigration web sites and receives considerable traffic. Excellent opportunity for an immigration law firm interested in establishing/expanding major internet presence. Sale includes 900+ pages of copyrighted immigration content; may also include ongoing site maintenance. Contact Oliver Oziel at 212-228-8097 or oliveroz123@usa.com. All inquiries will be kept confidential.

Help Wanted: Immigration Attorney
The Law Office of Helga M. Carson, an established immigration firm in Palo Alto, California, is seeking an Associate Attorney with a minimum of one year experience in business immigration law. Applicants should be well organized and motivated. Excellent working environment and competitive benefits. For information about the firm, visit www.imm-law.com. Email resume to Karen Chow-Gregory at kchowgregory@imm-law.com or fax to (650) 326-9881.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred).

Dear Editor:
How about, "Recognizing our strength and history come from our diversity."

Jill H. Stover, Senior Immigration Paralegal
BP America Inc.

Dear Editor:
ILW.COM short slogan: ILW.COM - The Immigration Resource.

Law Offices Of David D. Murray
Newport Beach, CA

Dear Editor:
Here's my slogan suggestion, Nonindigenous News.

Dorrie L. Runman, Immigration Paralegal
San Francisco, CA

Dear Editor:
Here are my slogan picks: 1. A melting pot of information for the huddled masses. 2. ILW.COM: Be Informed. 3. ILW.COM: Tomorrow's News, Today.

Michael Gurfinkel

Dear Editor:
I believe the debate generated in these letters is close to acquiring a xenophobic tone. In his remarks, Mr. Alexander appears to highlight the link between the "Hispanic" board member and the "Mexican" child as an alien conspiracy against the American taxpayer. The rent-seeking and entitlement theories do not stand scrutiny. If it were for the tax burden, you would need to expel from the country a great percentage of a specific US-citizen “minority” racial group that is overrepresented both among the jail population and on the welfare payrolls. “Hispanics” were in what is now U.S. territory well before the British arrived and most those illegally here are notably not of European descent, but native Indians so they would have a hypothetical entitlement to the fruits of the land. For instance, many Indian communities were split in half by the U.S.-Mexico border. Additionally, for all that I know, even when I personally back abolishing all the government-funded malfunctioning schools, in 1982 the U.S. Supreme Court ruled 5 to 4 that undocumented immigrant children are permitted to obtain free government education up to 12th grade. The discussion in immigration should be about fairness, the rule of law, compassion and long-term benefits for this country and its people. Unfortunately, mainly because of the election rhetoric, it is turning more and more into a witch-hunting, anecdote-telling kind of exercise.

Sebastian
Washington DC

Dear Editor:
What is the proper procedure for posting the Immigrant Legal Resource Centers seminars on ILW.COM's website? Who should I email this inquiry?

Elizabeth Romero

Editor's Note: comingsNgoings currently only features professional announcements (based on reader feedback). We may include events listings in the future. If you wish to advertise Immigrant Legal Resource Centers seminars on Immigration Daily, you may place a classified ad.

Dear Editor:
I have yet to hear of a criminal defense attorney who actually lobbied Congress to do away with penalties for rape, murder, etc. On the other hand, immigration lawyers and their organizations do lobby Congress for legalization. So yes, immigration lawyers do play a role in the continuing problem of illegal immigration by those who believe that eventually they will actually get an amnesty.

Ali Alexander

Dear Editor:
Is there any way to move the Print this Page feature back to the top of the page. I much preferred it there.

Lynne R. Feldman, Erwin, Martinkus & Cole, Ltd.
Champaign, IL

Editor's Note: The Print this Page feature has been moved to a less prominent location because the printing difficulties that occurred in the past have been fixed. You can now print using the print button in your web browser - nothing will get cut off like it used to about three years or more ago. All of this applies to html documents on our website, not to pdf documents. Pdf documents are not changed and can only be printed through the print function within Adobe Acrobat.


comingsNgoings

Readers can share their professional announcements (100-words or less at no charge), email: editor@ilw.com.

New Address
Werner and Associates has moved to 90 New Montgomery Street, 9th Floor, San Francisco, CA 94105. Phone: 415-904-8040 Fax: 415-904-8045.


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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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


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