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Immigration Daily February 1, 2005
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Detailed Curriculum For February 9th Seminar

Tsunami-Related Immigration Relief

  • What are the best strategies and tactics for securing parole or petitioning for minor children, extending nonimmigrant stay, changing status, and gaining other immigration benefits for citizens or residents of Tsunami-affected countries (Burma, India, Indonesia, Malaysia, Maldives, Somalia, Sri Lanka and Thailand)?
  • What special stay or removal procedures are available to citizens of Sri Lanka and Maldives because of the tsunami-inflicted damage?
Immigration Judicial Decisions and Strategies You Can Use Today
  • How do you preserve the record on appeal (even if you have no plans to litigate on behalf of your clients)?
  • What are most vulnerable interpretations of the U.S. Citizenship and Immigration Services Administrative Appeals Office and how can you best attack them?
  • How can you create a litigation template to attack unlawful USCIS, DOL or DOS regulations using the Administrative Procedures Act and rules of statutory construction without exhausting administrative remedies?
  • Which successful cases can you use as models for challenging unlawful agency practices and policies?
  • How can you establish that the INA jurisdiction-stripping provisions of IIRIRA do not apply to your client's case?
US Visit Implementation and NSEERS Detritus
  • How does US Visit work and when will it be fully operational?
  • When will "Kiosk-Compliance" suffice for US Visit exit confirmation?
  • Will your client be forgiven for failure to register departure or surrender the I-94 card?
  • How does the ghost of NSEERS still haunt aliens seeking nonimmigrant visas, nonimmigrant extensions, changes and adjustment of status?
  • What techniques can be used to overcome past failures of NSEERS compliance?
Priority Date Retrogression and Extensions of Extraordinary Extensions of Nonimmigrant Status
  • What is the impact of the Yates' retrogression memo and the new restrictions on concurrent filing?
  • How can your client gain maximum benefit from the "other" 7th-year-plus H-1B extension for per-country quota unavailability?
  • What are the best ways of recapturing H-1B or L-1 time in order to bridge the gap between the maximum period of nonimmigrant stay and a slow-moving priority date?
  • How can you avoid your client's departure from the United States despite the backlog in priority dates?
  • How can you gain the benefit of earlier priority dates in prior-filed employment-based and family-based immigrant visa petitions by using priority-date transfer procedures?
  • What are the most advantageous ways of shifting between or among nonimmigrant visa categories while you await forward movement in priority dates?
  • What ethical issues arise and what legitimate techniques work in traversing between the employment-based second and third preference categories?
The deadline to register is Monday, February 7th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Joel Stewart's BALCA Review (February 1, 2005)
Joel Stewart provides a summary of recent BALCA decisions.

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:


EOIR Interim Rule On Background And Security Investigations
The Executive Office for Immigration Review of the DOJ issued an interim rule with request for comments amending Department regulations governing removal and other proceedings before immigration judges and the BIA when a respondent has applied for particular forms of immigration relief allowing the alien to remain in the US.

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
Quan, Burdette & Perez, P.C., a leading immigration law firm in Houston, Texas seeks an associate attorney with 3+ years business immigration practice in a high volume, fast paced environment. Experience must include preparation of non-immigrant visa petitions, labor certification applications, EB-1 and NIW petitions, adjustment of status and consular processing. Strong communication skills and case management skills required. E-mail your resume with subject: Immigration Attorney Position to:

Help Wanted: Immigration Paralegals
Ogletree Deakins Nash Smoak and Stewart, P.C. has immediate openings for paralegals for our high-volume business immigration practice in our Raleigh, North Carolina office. Our firm is one of the nation's largest labor, employment and immigration law firms. Located in twenty-one offices across the country, we represent more than half of the nation's Fortune 50 companies. We are seeking paralegals with previous business immigration experience (H, L, TN, I-140, I-485) to join our dynamic and growing group. Your responsibilities will include both nonimmigrant and immigrant visa petitions. Previous labor certification experience and a Bachelor's degree are preferred; strong attention to detail and excellent writing and communication skills are essential. We offer competitive pay, excellent benefits, and a great environment. Please send resume and cover letter to:

Help Wanted: Immigration Attorney
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, is seeking attorneys with a minimum of three years of business immigration experience for our San Francisco Office. Our attorneys work in a fast-paced, high volume practice and utilize carefully developed procedures, advanced practice tools, and a state-of-the-art case management system. Experience in a range of business immigration matters, the ability to provide exceptional client service, experience managing legal assistants, and superb analytical, organizational and case management skills are expected. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Please submit your resume via email to or by fax to 415-391-1642.

Help Wanted: Immigration Attorney
David J. Hart, PA, a well established boutique firm with a diverse client base, based in downtown Miami, FL, seeks a bilingual (English/Spanish) attorney. Candidates must have at least 3 years experience in business immigration including nonimmigrant/immigrant visas and Labor Certifications. E-mail resume to Marcella Nishi-Page:

Help Wanted: Immigration Paralegal
Grotta, Glassman & Hoffman, a medium-sized labor, employment and immigration law firm seeks an experienced full-time immigration paralegal for its high volume, fast-paced corporate immigration practice in Roseland, NJ. Must have 2+ years of experience in the preparation of employment-related USCIS/DOL filings (all components, including supporting statements), such as non-immigrant employment petitions (E-1, E-2, H-1B, L-1, O-1, etc.), immigrant visa applications (EB-1, EB-2, EB-3 and permanent residency applications), foreign residency waiver applications and J-1 practical training applications. Must be detail-oriented with excellent writing, communication (oral + written), organizational and computer skills. Bachelor's degree in a related field (or equivalent) required. Foreign language a plus. Send your resume + cover letter describing your interest, qualifications, and financial requirements in strict confidence to Alexandra Carvalho at : or fax: 973-992-9125. EOE.

Help Wanted: Immigration Paralegal
The Law Offices of Carl Shusterman, a nationally-recognized, five-attorney firm in Los Angeles, is offering career opportunities to two business immigration paralegals. Our firm represents a mix of corporations, business and computer professionals, physicians, nurses, champion skateboarders and even some major Hollywood movie stars. We are looking for paralegals with a minimum of two years business immigration experience (H, L, O and Labor Certification). You must have excellent writing and speaking skills, be self-motivated, friendly and a team player. Our salaries are competitive and our benefits package is second to none. E-mail your resume to Alison Walters:

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. We are looking for an attorney with at least 3 years of employment-based immigration experience to join our firm. Must have significant experience in nonimmigrant/immigrant business visas and labor certification. Strong communication (written & verbal) and case management skills required. Must be willing to participate in practice development efforts. Please email resume & salary requirements in confidence to

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

Dear Editor:
I find it amazing that Mr. Connors believes that grassroots organizations such as FAIR, or a few Congressmen, such as Mr. Tancredo, have managed to dominate the immigration debate (1/31/05 ID). Here I thought that the efforts of the various Churches, Agribusiness and other illegal alien dependent industries, the leadership of SEIU and other labor unions, the leadership of ethnic identity organizations such as MALDEF and LaRaza, the Southern Poverty Law Center, AILA, not to mention Sen. Orrin Hatch and Rep. Chris Cannon, and assorted sob stories about illegal aliens in the major media were what dominated the issue. And still, most Americans including the 40 percent of Hispanic voters in AZ who voted for Prop. 200, believe that illegal aliens should not be rewarded. I'd also be very interested in seeing the polls Mr. Connors refers to, if he'd provide citations. I'm an avid reader of the Washington Post, especially on immigration matters, and have certainly never seen any poll results indicating Americans want amnesty. National polls by Gallup, etc., indicate the contrary. Or perhaps this was one of those nonscientific online polls?

Ali Alexander

Dear Editor:
I disagree with Immigration Daily's "two bites" analysis (1/31/05 ID), although I'm not going to assert an opposite conclusion, since there are other factors to consider. This is my argument: The two statements you have quoted are not contradictory at all. The first one is clear that it is referring to an applicant's desire to retain the priority date and withdraw previous applications. The second one just means that in a case where the applicant has attempted to "convert" under PERM, i.e. has checked the box requesting retention of the previous priority date, but had failed to retain the priority date because the positions are identical, the application will be withdrawn anyway. It doesn't address at all the situation where the applicant has a prior case pending, whether identical or not, and does not check the "retain priority date/withdraw previous" box. We know that DOL had a previous policy that they would not entertain 2 identical pending cases; one must be withdrawn. This was not codified in the new regulation, nor was it discarded, so we must assume that the previous (written) policy remains until a new policy is stated.

Andrea Wisner, Senior Associate Attorney
Dilip Patel, PA, Attorneys at Law

Dear Editor:
Here is my commentary on recent comments (1/30/05 ID). Whoever said that Sensenbrenner's leadership is out of step with existential reality obviously exists in some supernal place where illegal immigration never sullies their white robes of wisdom, possibly their bank balances are benefitted by it. Anyone who does not back the REAL ID act, must be profitizing from illegal immigration monetarily or through votes. Bush needs to have the corporations who hire these people "who do the jobs Americans won't do" post these jobs at a national website so Americans can see if they want to do them or not. Nuclear arms are a reality, and so are World Trade Center bombers. So are Nazis. They cross borders. When the water has risen high enough in this country from these leaky borders, to start taking the jobs the guys at the top do, maybe then these guest worker plan advocates will wake up and start co-sponsoring reforms like Sensenbrenner's. Thank god we have people like that still in office.

Diane E. Capwell

Dear Editor:
Please send Immigration Daily to us regularly.

Quazi Raquibul Islam
Advocate, Supreme Court

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Please send the Immigration Daily email publication to me at this address: [email address withheld].

Ken Feagins, Assistant General Counsel
Oklahoma State Department of Health, Office Of General Counsel

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

Submit Your Announcement
comingsNgoings was launched last year. So far, we have received announcements for the following: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. If you have a professional announcement (not limited to the above), that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.

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