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Immigration Daily January 18, 2005
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Running With The Bulls In Immigration Pamplona

Hey there, Immigration Lawyers, are you feeling breathless in the race to keep pace with ever-changing immigration rules? Do you fear becoming road kill as Congress's new herd of recently-enacted immigration laws come close to trampling you? Are you racing toward the new laws' effective dates with no clue as to the path to take when they arrive? Has the Intelligence Restructuring Act restructured your intelligence? Is your immigration knowledge retrogressing? Well don't be stampeded. Don't be gored by the fine points of the new laws, regulations, policy memoranda, and court rulings.

FIRST Phone Session on January 31st:

  • The H-1B and L-1 Visa Reform Act
  • Immigration Provisions in the Intelligence Restructuring Act
  • Electronic I-9 Legislation
  • The J-1 Waiver Relief Act

SECOND Phone Session on February 9th:

  • Tsunami-Related Immigration Relief
  • Immigration Judicial Decisions You Can Use Today
  • US Visit Implementation and NSEERS Detritus
  • The Yates' Retrogression Memo and New Restrictions on Concurrent Filing

THIRD Phone Session on March 3rd:

  • The "Other" 7th-Year-Plus H-1B Extension for Per-Country Quota Unavailability
  • PERM's Impact on 7th-year (and beyond) H-1B extensions
  • Backlog Reduction Update, Pre-PERM Grandfathering and PERM Preparedness
  • New Developments As They Arise
The deadline to register is Thursday, January 27th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Strengthening I-140 Financial Ability Evidence In The Dawn Of Denials Without RFEs
Romulo E. Guevara "reviews relevant case law and other materials [that shows] that, despite the Yates memo, a "totality of the circumstances" test should be the proper standard of review to ensure a fair and successful I-140 adjudication where ability to pay may not be necessarily obvious upon a cursory perusal of a petitioner's financial documents."

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:


USCIS Issues Reminder To El Salvadoran TPS Re-registrants Regarding Changed Filing Addresses
The USCIS issued a reminder today to El Salvador Temporary Protected Status (TPS) beneficiaries that filing procedures during this re-registration period are different from previous TPS re-registrations.

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Help Wanted: Immigration Attorney
Larrabee & Zimmerman LLP, the leading business immigration law firm in San Diego, CA, seeks an associate attorney. Must have 1 to 2 years of business immigration experience in a high volume, fast-paced immigration firm. Experience must include the preparation of labor certifications, nonimmigrant petitions, adjustment of status and consular processing applications as well as NIW, extraordinary ability, multi-national and researcher petitions. Strong writing and verbal communication skills required. Excellent benefits. Salary commensurate with experience. A great work place to work and enjoy your chosen career. Membership in CA bar a plus. Send your resume + salary expectations by email (only) with subject: Immigration Attorney to

Help Wanted: Immigration Attorney
Larrabee & Zimmerman LLP, the leading business immigration law firm in San Diego, CA, seeks a senior associate attorney. Must have 3 to 5 years of business immigration experience in a high volume, fast-paced immigration firm. Experience must include direct management of corporate clients' immigration legal needs including labor certifications, all nonimmigrant categories, adjustment of status and consular processing as well as NIW, extraordinary ability, multi-national and researcher petitions. Strong writing and verbal communication skills required. Excellent benefits. Salary commensurate with experience. A great place to work and enjoy your chosen career. Membership in CA bar a plus. Send your resume + salary expectations by email (only) with subject: Senior Immigration Attorney to

Help Wanted: Immigration Paralegal
The Fakhoury Law Group, PLLC based in Troy, Michigan has an immediate opening for a paralegal with 2+ years of immigration law experience, particularly labor certifications and I-140s. We offer a competitive salary, benefits and excellent work environment. Please email resume + salary requirements to Rami Fakhoury:

Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity in 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
The Law Offices of Rakesh Mehrotra based in Fairfax County, Virginia seeks an attorney interested in long term stable employment, with 2+ years experience in employment-based immigrant categories, specifically labor certs. Opportunity to play a key role in supporting a mature and expanding practice. Must be detail-oriented with excellent case management, organizational and computer skills. Salary commensurate with experience. Send resume with career goals and financial requirements to Rakesh Mehrotra by email: or by fax: 703-918-6356.

Help Wanted: Immigration Attorney
10+ person, fast-paced, leading business immigration law firm based in NYC seeks senior immigration attorney. Must have 7+ years experience with full range of complex business immigration cases in NIV and IV matters as well as family-based & naturalization. Must have in-depth knowledge of laws & procedures, excellent writing, communication and organizational skills. Must be detail-oriented, able to manage a large, complex case load, work independently and supervise & train associates and staff. Seeking a dedicated professional willing to make a commitment who can work well under the pressures of a busy immigration law firm. Partnership track potential for the right person. Competitive compensation package offered. Please submit cover letter, resume, university and law school transcripts and employment references to: All resumes will kept confidential.

Help Wanted: Immigration Paralegal
Mid and Senior level Immigration Paralegals with strong interpersonal skills are sought by a busy and growing corporate immigration law firm in downtown New York City. Top $$. Candidates with over 18 months of immigration law experience consisting H-1B/L-1/E-2 and RIR based Labor Certifications should apply by sending a resume to Keshab Seadie: All resumes will be kept in strict confidence. EOE.

Help Wanted: Law Firm Administrator
The Law Offices of Jessica Dominguez, a rapidly expanding law practice seeks an experienced law firm administrator/office manager. The position is based in San Fernando Valley, CA. Must be able to speak/read/write Spanish. Position requires 2 years as law firm administrator/office manager with bookkeeping/accounting responsibilities and experience using QuickBooks. Excellent communication, organizational, and computer skills. Ability to work independently or in a team is required. We offer a compensation package including salary + bonus with benefits. We work in a collegial and friendly office setting. Send cover letter and resume in confidence to Javier Dominguez by fax: 818-988-6998 or email:

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Readers are welcome to share their comments, email: (300-words or fewer preferred).

Dear Editor:
I would respectfully disagree with Mr. Nachman's article on PERM (1/13/05 ID). The DOL has not "promised" a 60 day response. They have set that as a goal, but in fact have already stated that any application mailed in, or with a request to transfer the priority date from a prior, pending application, would take longer. Many of us are preparing for the worst, a mine-laden and frustrating implementation period much like when DOL began the electronic LCA system.


Dear Editor:
David D. Murray, Esq. (1/14/05 ID) writes that "some illegals do pay taxes using phony social security numbers", emphasizing the lawbreaking seemingly taking place with impunity. All persons would be using valid ss numbers if the SSA had not stopped its longstanding policy of freely distributing the numbers, regardless of immigration status. After the SSA stopped issuing the numbers, the IRS freely distributed "Individual Taxpayer Identification Numbers" for years, to allow all persons to pay required taxes, likewise regardless of immigration status and specifically because of a lack of SSN. Paying taxes is tax compliance. Both the SSA and IRS now make it difficult for would-be taxpayers to comply- and then illegal aliens are blamed for both failure to comply or improper compliance. While anti-immigrationists continuously harp about the law-breaking of illegal aliens, the law itself is broken and immoral. How else to defend a convoluted, inhumane system that keeps nuclear families in the legal immigration system apart for years, which prevents employers and employees from freely entering into working relationships in the name of US labor protection (which does not protect US workers), which keeps innocent foreigners seeking refugee status in criminal-style detention for months and years, which deports longtime permanent residents for the most minor offenses, perversely characterizing them as "aggravated felons". Immigrants are coming for a better life. That's what our ancestors did. America benefits by this. But our country's growing fortress mentality, and need to constantly erect greater legal and physical barriers to the healthy and natural flow of people, ideas and commerce, will undoubtedly backfire. There is something foul about a broken legal system which forces innocent peoples' backs against the walls, and then lobs blame only in their direction.

Shari L. Moidel, Esq.

Dear Editor:
David D. Murray's Letter (1/13/05 ID) makes very valid points. It is time that we uphold the law and not legitimize law breakers, i.e. illegal immigrants and the businesses that support them.

E Worden

Dear Editor:
I have to agree with some of the comments made in response to my letter (1/11/05 ID). The fact that I stand for the proposition that legalizing illegal immigrants in this country would be for our benefit, does not mean (Mr. Alexander's 1/13/05 letter) that I stand for the proposition that we need to open our borders and "let in any number of workers at any wages". Most immigrants will stay, so providing a method of legalization will solve many problems like the payment of taxes to the right numbers, SS, etc. Unskilled workers are not as easily substitutable as Mr. Alexander's letter indicates. Immigrants do the jobs that Americans don't want to do. In some states, current regulations do not allow children of immigrants to pursue a college degree, and even if they do, what kind of job are they going to be able to find? In response to Mr. Alexander's letter, xenophobic comments about "immigrants having a lot of children", etc. is what promotes the "deport-them-all mentality. Look around; there are US Citizens having children just to collect more welfare. Besides, is not only Hispanic Catholics the ones who are coming; there are people from India, China, etc. It's not about who has better family values, but I posed this question before and I do it again: How exactly do "immigrants destroy American families" like Mr. Jhoran stated (1/10/05) a few days ago? As far as payment of taxes (Mr. Worden's letter 1/14/05): I think it depends in what part of the country you are located. Where I practice, yes; immigrants pay not only Federal and State income taxes, but property taxes, in addition to the sales taxes; none of which they can deduct compared to the rest of the population.


Dear Editor:
To rebut Mr. Scagliarina's letter (1/13/05), identity theft such as that caused by illegal aliens through the use of fraudulent SSN costs US consumers and companies billions of dollars a year, not to mention the time and effort involved in undoing the damage done to personal financialSS records. Illegal immigrants who use false documents or someone else's SSN commit fraud, and that's not a "victimless crime". It is questionable that Social Security is in "crisis" -the President's Medicare drug plan or proposed tax cut cost more than any future shortfall in SS. How does the proposed totalization agreement with Mexico, by which our social security system will pay benefits to Mexican families, legal workers here or not, improve that shortfall? Mexico is far different, and more costly, than any of our existing agreements with other, more developed countries. Roughly 10 percent of Mexico's population is estimated to be here illegally. As for our "shrinking" working population - countries such as Mexico and China are actually aging at a faster rate than the US and are expected to run into problems in this century because they lack our social support networks for the elderly. Should we need to import workers, we can and do this legally. There is no need to "legalize" those who have shown that they are willing to break our laws. Mr. Scagliarina's letter ignores the other half of the dependency ratio - children under working age, particularly those from immigrant or poor families, need costly programs such as Head Start, WIC, etc. as well as the usual medical care and education. There is no need for massive deportations, merely enforcement of our laws, particularly those against employers.

Ali Alexander

Dear Editor:
To understand the interplay between the public law and private legislation in the immigration field, it is most helpful to read Bernadette Maguire's book: Immigration: Public Law and Private Bills, published in January, 1997 (1/10/05 ID). You can also obtain a list of the numbers of bills passed in each session of congress over the last 40 years or so on the USCIS web site. In the period when thousands of private bills were being proposed and passed, a large number were employment cases. After the legislation in the 1980's, the amnesty, and then the Immigration Act of 1990, which expanded the eligibility for much employment-based immigration, but narrowed eligibility for some workers, the requests for this sort of private legislation have diminished. Also, at that time, both houses, but particularly the House of Representatives, put into effect much stricter rules for private immigration bills. Most recent private immigration legislation has concentrated on urgent humanitarian stories of people who would be persecuted or killed upon return to their home countries, or who otherwise present a dramatic case. The immigration law has become so punitive and rigid in many aspects that there is no chance to redeem a paperwork mistake. Such a mistake as filing the wrong form, or being a day or two late in a filing, can ruin a person's life, with the only remedy being a private bill. Also, the Congress has tried to close off or limit immigrants' access to the federal courts to review decisions by the immigration service.

Carolyn Ann Killea
Morris Deutsch


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