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Immigration Daily December 3, 2004
Previous Issues
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Unfinished Business Of 9/11

Congress returns next week to consider the 9/11 Commission's Bill. Days before Thanksgiving, the 9/11 bill was held up because of concerns by a minority of House Republicans over Department of Defense spending authority on intelligence issues and unrelated immigration provisions. The 9/11 Commission's bill has overwhelming votes to pass both the House and Senate, embodies most of the Commission's recommendations, and has public support. Moreover, the President has expressed his intentions to expend some of his newly won political capital to push for the Bill. So why are a small number of House Republicans, who share President Bush's conservative priorities, vocally opposing this bill, insisting that no bill is better than a bill without anti-immigration provisions? The House Republicans fighting President Bush understand that if they lose this time (which they very likely will), they will be steamrolled in the next few months on President Bush's ambitious guestworker program. What terrifies them is more immigration, not national security concerns.

Curiously, we agree that there is unfinished immigration business connected to the 9/11 attacks that Congress must address. Among the unfortunate victims of 9/11 were some immigrants, a few of whom were undocumented. We believe that these victims were just as much targets of al Qaeda as everyone else who perished on that day. We urge Congress to treat the families of the documented and undocumented immigrant victims of 9/11 pari passu with all other victims' families.

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


State Licensure Will Be Focus Of December 13th Session Of "Nurse Immigration (In Cooperation With CGFNS)"

State Licensure issues will be the focus of discussion in the December 13th panel of "Nurse Immigration (In Cooperation With CGFNS)". The distinguished panelists are as follows:

Judith Pendergast is currently the Director of Planning, Marketing and Communications for the Commission on Graduates of Foreign Nursing Schools (CGFNS). Prior to holding this position, Ms. Pendergast served as the Director of Government Affairs for the Michigan Nurses Association and as the Executive Administrator for the Wisconsin Nurses Association. In addition, Ms. Pendergast has twenty years of clinical nursing experience in emergency services. Ms. Pendergast holds a diploma in nursing from Mercy Medical Center School of Nursing in Oshkosh, Wisconsin, a baccalaureate degree from Marian College in Fond du Lac, Wisconsin, and a juris doctor degree from Marquette University School of Law in Milwaukee, Wisconsin.

Winifred Carson-Smith has been the nurse practice counsel for the American Nurses Association for over ten years. In this role, she is responsible for assisting and supporting the association in the development of standards, policy and other tools related to nursing practice. Windy also litigates nursing cases, provides legal opinions on nursing practice and clinical issues, and responds to legal inquiries related to nursing. Prior to joining the ANA, she worked in legal, legislative and regulatory positions with the District of Columbia government, the Maryland General Assembly and the U.S. Senate. Windy writes and lectures on nursing practice. She has written on legal issues related to nursing for numerous academic and professional journals. Windy is a regular contributor to the American Nurse, Nurse Practitioner and magazines. Windy published a chapter on advanced practice nursing in the 2002 edition of the Health Law Handbook. She authors a regular column on legal and practice issues for NP World News; and she recently completed an articles on nurse practitioner malpractice for Nurse Practitioner magazine and the legal implications of genetics and genome research on nursing practice for the Genome Information Project , Zeta Phi Beta Sorority. Windy was the only nonnurse recognized for her advocacy on advanced practice nursing issues by Nurse Practitioner magazine (2000). She sits on the Editorial Advisory Boards of Health Law Week and The American Journal for Nurse Practitioners. She speaks nationally and internationally on the legal issues related to nursing. Windy has been an active member of the American Bar Association, and serves as one of the co-chairs of the Medicine and Law subcommittee, TIPS Committee.

Amy L. Jerdee is an associate in Reinhart Boerner Van Deuren, S.C.'s Health Care Department. Her practice includes regulatory and transactional health law issues. Ms. Jerdee received her Bachelor of Science degree in Nursing, with honors, from Michigan State University. Prior to law school, Ms. Jerdee was a Cardiac Surgical Intensive Care Unit Nurse at Mayo Medical Center in Rochester, Minnesota. Ms. Jerdee is currently licensed as a Registered Nurse in Minnesota and Wisconsin. Ms. Jerdee obtained her law degree, cum laude, from the University of Minnesota in 2001, where she was an Articles Editor for the Minnesota Law Review. She was also the 2001 recipient of the Elaine Osborne Jacobsen Award for Women working in Health Care Law. This is a national award given by the Roscoe Pound Foundation in Washington, D.C. She was also the recipient of the 2002 Cynthia Ellen Northrop New Advocate Award given by The American Association of Nurse Attorneys. Ms. Jerdee authored "Heparin-Associated Thrombocytopenia: Nursing Implications" published in Critical Care Nurse in 1998; and "Breaking Through the Silence: The Minnesota Pregnancy Presumption and the Right to Refuse Medical Treatment," published in the Minnesota Law Review in 2000. Ms. Jerdee is a member of the State Bar of Wisconsin, the American Bar Association, the Milwaukee Bar Association, the American Health Lawyers Association and The American Association of Nurse Attorneys.

Bobbi Pierce is currently the lead analyst in the Licensing Program for the California Board of Registered Nursing. For the past 18 years, Ms. Pierce has served as the Board's expert analyst for international nursing education and she oversees the evaluation of RN applications from over 6,000 nursing schools worldwide. In addition, she is the lead staff member for advanced practice nursing evaluation and certification. In her capacity, Ms. Pierce has made numerous presentations to college nursing directors, nursing students, and nursing recruiters, and she has consulted with dignitaries from Japan, the Philippines, Norway, Great Britain, and Russia. She has assisted the Board in developing its resource and reference library, educated numerous new Board staff, and been instrumental in reviewing and developing new policies and regulations. In her legislative liaison capacity, Ms. Pierce has had the opportunity to become familiar with many of the challenges and unique situations that face international applicants in their efforts to seek RN licensure in the United States.

Rae Ramsdell is Licensing Manager at the Bureau of Health Professions at the Department of Community Health in the state of Michigan.

Klari B. Tedrow practices in the area of immigration and naturalization in Birmingham, Alabama. She has extensive experience with physician waivers, nurses, therapists, and other healthcare professionals. She is an adjunct professor at Cumberland School of Law. She came to the United States as a refugee from Hungary, whose parents escaped the violent Revolution of 1956 by swimming a large canal into Austria with two small children.

The deadline to register is Thursday, December 9th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Telephone Calls From Prospects: How To Protect Yourself From This Two-Edged Sword
Trey Ryder writes "If you're like most lawyers, you know the value of speaking with a prospective client over the telephone before your first meeting."

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IRS Statement On Social Security Number Delays
The IRS issued a statement addressing concerns about IRS-imposed penalties resulting from delays in issuing social security numbers.

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Help Wanted: Immigration Attorney
Ronald W. Freeman, P.C. is an employment-based immigration law firm located in downtown New York City with a diverse corporate client base, including numerous Japanese companies. We are looking for an experienced attorney fluent in both Japanese and English to join our team. Must have experience in nonimmigrant business visas and other business-related immigration matters. Strong communication (written & verbal) and case management skills required. Email resume & salary requirements in confidence to

Help Wanted: Immigration Attorney
Tired of the cold? Why not join us in sunny Arizona, 20 minutes from downtown Phoenix? Employment-based firm with Fortune 500 clientele seeks a full-time lawyer to join our team. Must have at least two years employment immigration experience, excellent research and writing skills, and an exceptional client service approach. Experience with J-1 waiver/NIW physician cases a plus. Excellent salary and benefits including health, dental, vision, long and short term disability, retirement benefits, and paid AILA conferences. Arizona offers year-round hiking, camping, boating, professional sports and the Grand Canyon. Email cover letter with resume + salary requirements to Theresa M. Talbert:

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:
This is in response to the fuzzy math in Sebastian's letter. Try using the correct denominators obtained from the Department of Labor Bureau of Labor Statistics website, Occupational Employment and Wages latest Survey (November 2003): Computer, IT and Mathematical = 2.8M, Architect and Engineering = 2.4M, Physical and Life Sciences = 1.1M, Health Care Practitioners and Technical = 6.3M. Of these, there is only a subset of professions that are affected. Taking the total is only 12.6M, which should be smaller if segmenting by specific professions. You cannot use the entire labor pool. The numbers above are 2003 data. I would expect that in some areas the numbers will be lower. Estimates of current H1Bs and L1s in the US are around 750K - 1M. So it's more like 6 - 7.9%. Interestingly, the unemployment rate among engineers and computer professionals is approx. 7%. So what is the purpose of the H1B visa? To increase the supply of labor in order to lower the current wage rates. Every increase of 65K is 0.5%, which is significant.


Dear Editor:
Two and one half years ago I retired from the INS as a mid-level manager within the Investigations branch. At the time of my retirement, I thought that I was familiar with acronyms commonly used by the INS and DOL. I recently started receiving Immigration Daily and realize that I don't recognize all the jargon. It would be helpful if Immigration Daily could provide a listing explaining the acronyms you typically use, such as PERM, SSW, etc.


Dear Editor:
Massive illegal immigration is a cancer eating away at U.S. citizenship, sovereignty, and the rule of law. The cheap labor interests and the La Raza seditionists are hard at work seeking an amnesty for illegal aliens (criminals by definition) and to reward them with driver's licenses and U.S. taxpayor benefits.

L. Brown
Riverside, CA

Dear Editor:
Regarding Kim Mensah's question, are students immigrants? While students may have a nonimmigrant visa, that doesn't mean they don't intend to immigrate. In fact, the recent change to H1-B allowing 20,000 foreign graduate students to be exempt from the H1-B cap turns the presumption of nonimmigrant intent by students on its head. Aside from the technical definition of "immigrant", the press and pro-immigrationists in general have been using the term "immigrant" to include those with nonimmigrant visas (such as students or visitors, people who have overstayed), illegal aliens who entered without inspection, legal permanent residents, and virtually anyone who was not born in this country. Oppose illegal immigration and you're labeled "anti-immigration", not "anti-illegal immigration".

Ali Alexander

Dear Editor:
I'll "take another shot" at clarifying the terms immigrants and non-immigrants. I was only trying to point out that terms such as "alien", "immigrant", "non-immigrant", "student", etc., have specific meanings under the law. A "student" who is lawfully admitted, is maintaining the conditions of his/her admission and intends to return to his/her country is - legally - a "non-immigrant". A student who obtains admission through fraud (such as misrepresentation of a material fact) is not lawfully admitted as a non-immigrant and is, therefor, an "immigrant", under the law. The law says that the term "immigrant" means "every alien except an alien who is lawfully admitted as a non-immigrant" (not verbatim). The "9/11" murders obtained admission to the U.S. by posing as students; they were not lawful students. They were immigrants (legally) and they were terrorists.

John Frecker


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New Offices
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