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Immigration Daily

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Immigration Daily February 2, 2005
Previous Issues
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Amendments To PERM

The PERM rule has a number of defects which the Department of Labor needs to correct. The defects can be divided into three distinct categories: technical corrections, substantive clarifications, and incompleteness. For technical corrections, for example, among the authorities cited for the PERM rule is 8 USC 1189(p)(1). The correct authority is in fact 8 USC 1182(p)(1). Some substantive clarifications for ambiguities such as the "two bites to the apple" issue can be addressed through an administrative memorandum but others may need an amendment to the rule. Finally, the DOL has extensively noted in its preamble to the rule that it intends to issue amended regulations to address fraud prevention concerns in PERM. Read Immigration Daily to stay on top of PERM.

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


Jonathan Adams, Roxie Bacon, Ron Klasko On PERM

Noted legal luminaries Jonathan Adams, Roxie Bacon, and Ron Klasko will speak on PERM at ILW.COM's seminar on February 10th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version: The deadline to sign up is Tuesday, February 8th. Don't delay, sign up today!


Somethin's Gotta Give: PERM And The Pressure For Larger Immigrant Quotas
Gary Endelman writes "In recent weeks, observers of the immigration scene have noticed two key events that will reshape the future of employment-based immigration for some time to come."

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:


Arriving Aliens In Removal Proceedings Can Apply For AOS
In Succar v. Ashcroft, No. 03-2445 (1st Cir. Jan. 5, 2005), the court, in an issue of first impression, said that 8 CFR 245.1(c)(8) was contrary to the language and intent of 8 USC 1255(a), to the extent that the regulation barred paroled aliens in removal proceedings from applying for adjustment of status. The court also said that the mere fact that a statute gives the Attorney General discretion as to whether to grant relief after application does not by itself give the Attorney General the discretion to define eligibility for such relief.

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:

Case Management Technology
With Immigration Case Management Tools from INSZoom, you can rest assured that you are working with the most secure, simple and strategic software and support services. This state-of-the art product helps US Immigration Law Firms to build efficiency, accuracy and transparency in their immigration operations through a single comprehensive software. Besides 600+ Forms and Case Management, many advanced functionalities like Online Questionnaires, eFiling, eTracking, Knowledgebase, Group Calendaring, Accounting, Prospect Management, Document Expiration Ticklers & Management Reports, etc. are part of this one all-encompassing tool. Your clients may update their profile information, check case status, manage compliancy, and generate numerous reports..all via a secure online system. INSZoom's superior technology is backed by a friendly, responsive and multi-lingual training & customer support team; which will modulate the training program and handhold your team members to maximize the benefits from INSZoom. We will ensure that our technology works for youeverytime. INSZoom is available in 2 versions: Install in your own office or host on INSZoom secure servers. Contact us for a free guided tour today at 925-244-0600 or

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

Dear Editor:
Immigration reform is a priority but not in the way the guest worker plan would reform things. If there are jobs out there Americans aren't doing, maybe it's because employers have figured out that illegal aliens will do it cheaper. If there are American jobs that need to be filled, prove it to American workers who need jobs. Put up a national website listing all of these companies who want to hire someone, and make them list these jobs so that Americans can decide first if they want them or not. These immigrant workers are not just taking ag jobs, they are taking just about any entry level job that is available. They do yard work, housekeeping, childcare, so do Americans. Look in the work wanted classifieds, look in the yellow pages of the phone book, look on the bulletin boards around town. Are the menial labor workers all immigrant or guest worker Latinos? No, my mother was a housekeeper and did hotel laundry work, when she was younger she worked for Birdseye and in the shipyards. I worked as a motel maid and as a laundry worker, in the electronics industry as an assembler. My sister and her husband build houses, they do their own construction on each house. That's an entry level 'job,' but I notice Mexicans are being offered citizenship in exchange for joining the military now. The problem is that businesses want to hire people for cheap rates and they don't want to pay medical benefits. So they find excuses to hire illegals or guest workers for lower rates, by writing off Americans as too lazy to work. I can never support this amnesty by another name.

Diane E. Capwell

Dear Editor:
The purpose of contacting you is that I would like to make a request and that is to remove my personal life story from Immigration Daily. It embarrasses me by knowing that people can go easily on the web and find out about my personal life with all the details. I would like to protect myself, and I think I am entitled to. I will deeply appreciate your understanding and indulgent on this matter by removing my personal story from ILW.COM.

Name Withheld

Editor's Note: While we understand that this information is something that you would prefer that ILW.COM not include, unfortunately, we cannot help you with your request. Immigration Daily published the information that you referred as part of public Congressional testimony. Documents produced by Congress and released to the public are in the public domain, regardless of any embarrassing private material that they may contain. ILW.COM does not alter its archives, unless there is a material error. We regret that we cannot honor your request to alter a public document.

Dear Editor:
Please email me the date of Immigration Daily that referred to several books. I am particularly interested in the book re: how to sell your law practice.

H. Fred Ford, Sr., Immigration Attorney
Nashville, Tennessee

Editor's Note: Try using our advanced search tool. For example, submitting the phrase "how to sell your law practice" provides 6 results, including a link to Ed Poll's, "The Tool Kit for Buying/Selling a Law Practice".


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

New Offices
We are proud to announce the opening of our law firm, the Law Office of Daquiz & Huneryager in Seattle, WA. Our firm provides the full range of immigration services. Abigail Daquiz is a member of the Asian Bar Association of Washington and has volunteered at the International District Legal Clinic since 2003 and can be reached at ph: 206-595-9380. David Huneryager is an advocate for tenants' rights in Everett, Washington through the Snohomish County Legal Services Housing Justice Project. He has also represented clients in criminal defense cases in Juneau, Alaska and can be reached at ph: 206-713-4792.

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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