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Immigration Daily December 1, 2004
Previous Issues
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Proposition 200

Arizona's anti-immigration Proposition 200, which would require proof of citizenship when applying for public benefits, will become law soon. However, it is likely that lawsuits will be filed preventing it from taking effect, and it is also likely that most or all of Proposition 200 will be found to be unconstitutional.

Proposition 200 is a spiritual offspring of California's controversial Proposition 187, but it also differs from Propostion 187 in two respects.

  • In 1994, California voters acted on Proposition 187 in sympathy with concerns reflected throughout the country which culminated in IIRIRA. Arizona's Proposition 200, however, is uniquely a response to the unregulated border traffic in Arizona and is not symptomatic of the national sentiment.
  • Ten years after Proposition 187, the Republican party in California is still suffering from the fallout. This time, the Republican party is split and prominent Arizona Republicans such as Sen. McCain, Rep. Flake, and Rep. Kolbe all opppose Proposition 200.

Today's Featured Article on Proposition 200 (see below) is by Tamar Jacoby, perhaps the finest intellectual in immigration policy today. We commend Ms. Jacoby's writings to Immigration Daily readers.

We welcome readers to share their opinion and ideas with us by writing to


PERM Softly Creeping: Backlog Reduction, Regional Processing And Other Troubling Sounds Of Silence

For years now, U.S. employers and immigration lawyers have been waiting in fearful anticipation. Apprehensively, we anticipate the oft-promised, long-delayed arrival of the Labor Department's PERM regulation - the new "streamlined' regime governing U.S. labor-market testing.

While "mum's [still] the word" on the contents of PERM, or even the confirmed date of its publication, other profound developments will soon transform labor certification practice. These significant changes loom on the immediate horizon

  • Two "BRCs" (Backlog Reduction Centers) have been established in Dallas and Philadelphia.
  • Mildewed cases filed years ago are now being trucked from the State Workforce Agencies to the BRCs, reportedly for "first-in, first-out" processing.
  • The Alien Employment Certification staff at the SWAs have been assigned other duties or given pink slips.
  • SWAs will no longer process labor certifications but merely provide prevailing wage determinations.
  • Non-Government Contractors operating under a performance agreement have two years to plough through the backlog.
  • Whether or not PERM arrives before year-end as promised, starting no later than March, 2005 ALL applications must be filed and adjudicated at the two NPCs (National Processing Centers).
  • Meantime, the State Department predicts a retrogression of priority dates in January, and immigration attorneys and employers must decide on strategies for today's cases.
Urgent questions arise but the government to date has responded only with the sounds of silence:

  • Is "Reduction in Recruitment" still a viable strategy?
  • Can we afford to await the time required for pre-filing recruitment?
  • Will "Traditional" labor certification cases be processed more quickly than the RIRs in light of the new backlog-reduction initiatives?
  • How long will be the after-life of "business necessity", "experience gained with an affiliated employer abroad" and other common-law enhancements to labor-certification practice?
  • Will the Labor Department's new fraud-prevention measures unfairly entangle and delay legitimate cases?
  • How should we prepare our submissions so that newly-trained contractors do not wrongly reject or deny applications?
  • What can be done to challenge inflated prevailing-wage determinations once the 95% rule is history?
  • How do we best position our cases to allow conversion or upgrading to the new PERM process?

In this newest tele-seminar, PERM Softly Creeping: Backlog Reduction, Regional Processing And Other Troubling Sounds Of Silence, ILW.COM is pleased to present the nation's leading experts who will provide up-to-the-minute information and suggested practice strategies.

Because PERM rules could be published at any time, however, the program agenda and the content of the sessions will be adjusted to accommodate an in-depth analysis of the final PERM rule as soon as the PERM rule is published.

FIRST Phone Session on December 16th: Detailed agenda will be adjusted as necessary.

SECOND Phone Session on January 10th: Detailed agenda will be adjusted as necessary.

THIRD Phone Session on February 10th: Detailed agenda will be adjusted as necessary.

The deadline to sign up is Tuesday, December 14th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


The Message Of Proposition 200
Tamar Jacoby writes "Having spent a good part of the fall listening to Arizonans talk about immigration, I worry that the message [of Proposition 200] they sent is being misinterpreted."

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:


DOL Issues Region 5 Reorg Memo
Byron Zuidema, Regional Administrator issued a memorandum to SWAs detailing the latest staffing structure in Region 5.

DOS On Closing Of American Embassy In Skopje, Macedonia
During a Department of State press briefing, DOS Spokesman Boucher responded to the question, "Can you explain to us why your Embassy in Skopje [Macedonia] was closed to all but essential business today, and why Americans were told to stay away from the Embassy and all U.S. Government facilities in the capital?"

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Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity to join our dynamic team in the law and corporate affairs department in Redmond, Washington. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your response in Word format to Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.

Help Wanted: Immigration Attorney
For over 45 years, Jackson Lewis LLP, a national employment and labor law firm has been exclusively representing management. Jackson Lewis seeks an immigration attorney in its Miami office for its immigration practice group. 7-10 years experience in employment based immigration law preferred. Candidate must have excellent communication (verbal + written skills) and case management experience. Send resume and writing sample in confidence to Judi Sebastian by fax: 305-373-9966 or e-mail: EOE.

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

Dear Editor:
A recent letter requested assistance finding a recent country report for mainland China. There is a document that may be the one she is looking for, titled the 2003 Human Rights Reports but released February 2004 - the date of these reports usually is not the actual current date. These Country Reports on Human Rights Practices reports (always key asylum documents), are located on the Department of State website, and can be found by selecting: Countries and Regions tab, East Asian and Pacific Affairs Region, Country Information, China, Quick Links to Major Reports. I hope that this helps you and your client.

E.C. Schneider, Esq.
Minneapolis, MN

Dear Editor:
I am confused as to how USCIS is going to handle the 20,000 H-1B visa exemption. I know they do not know anything at this time but can Immigration Daily interview Fujie Ohata and get a sense of what is about to happen and break the news to us?

Adam Green

Dear Editor:
In his letter, "Sebastian" says the "9/11 terrorist were not immigrants". I believe under the immigration law (Title 8 of the U.S. Code) and under 8 CFR (U.S. Code of Federal Regulations, Title 8) they were "immigrants". Under the "regs", the term "alien" is defined as: any person not a citizen or national of the United States(not a direct quote). The term "immigrant" means every alien except an alien who is lawfully admitted as a non-immigrant alien. (Again, not a direct quote. I had to memorize these and other definitions when I attended the Border Patrol Academy years ago. When last I checked, they hadn't changed.) While all of the hijackers had entered with non-immigrant visas which they obtained from INS, they obtained those visas through fraud. (I have seen copies of their visa applications and "Sebastian" is right; they never should have gotten visas. I also know that the pressure at that time was to admit "students", not to keep them out.) Their intent at entry was to carry out their dastardly scheme, not to attend school, etc. If aliens lie about the actual intent of their visit to the U.S., they are not then lawfully admitted as a non-immigrant. Unless someone actually believes that these 19 murderers entered the U.S. as legitimate students and then suddenly decided to collaborate in their horrible crime, they never were here legally. Obtaining a visa or admission by lying does not make an alien legal. And any alien in the U.S. illegally is an "immigrant" under the regulations.

John H. Frecker
Baileyville, ME

Dear Editor:
This a response to Mr. Alexander’s letter concerning the trade deficit & H-1B visas. First, I don’t think that there is such a direct relationship because there are more important factors. However, the cap limits on H-1B visas were set in the early nineties and the deficits have experienced an increasing trend ever since. There are 140,000,000 people employed in the US. Around 40 million hold a bachelors degree. This group has an unemployment rate of 2.7%. The 65,000 H-1B visas represent 0.0016% of this universe. That is, an insignificant number by any account, even if you add the H-1B holders staying from previous years. Evidently, if you want to see any positive effect, the cap on H-1B visas should be completely lifted.

Washington DC


Readers can share their professional announcements (100-words or less at no charge), email:

New Associate
Hammond Law Group, LLC is pleased to announce that Amy R. Dalal has joined the firm's Cincinnati's office as an associate. Previously, a law clerk with Hammond Law Group, LLC, Amy works primarily with employment-based immigration matters. Amy graduated from the University of Cincinnati College of Law in 2004, and from the University of Cincinnati Masters of Business Administration program in 2002. Prior to law school, Amy attended Emory University in Atlanta, Georgia where she received her Bachelor's degree in international studies, with a minor in Spanish. Amy is originally from Cooperstown, New York.

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 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

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