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Immigration Daily

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Immigration Daily February 3, 2005
Previous Issues
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State Of The Union

Successful passage of any immigration reform initiative must delicately balance the three prongs of immigration reform: temporary benefits, permanent benefits, and enforcement. Immigration attorneys may want to watch tonite's 40-minute State Of the Union address (9pm ET) to learn President Bush's blueprint for his second administration - those without tv access can view online at

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


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:


11 Practice Pointers On Filing Nurse Petitions In Manila
Sylvia Boecker shares practice pointers from the Manila Consular Office on filing nurse petitions in the Phillipines.

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:


Consular Services Fee Schedule Is Final
The Department of State announced in the Federal Register that the proposed rule to revise the Schedule of Fees for Consular Services was adopted as final.

AG Regulation Is Ultra Vires
In Morales-Izquierdo v. Ashcroft, No. 03-70674 (9th Cir. Nov. 18, 2004), the court said that the Attorney General's reinstatement procedures at 8 CFR 241.8, a regulation that vested an immigration officer with the authority to determine the admissibility or deportability of an alien, was in conflict with the controlling statutory provision at 8 USC 1229(a).

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 Paralegals
The Law Offices of Darren B. Silver, a medium sized established law firm in Los Angeles, CA seeks full time paralegals. Experience must be in business/employment petitions, such as H's, L's and E's. Please forward detailed resume regarding your specific experience. Ideal candidate will have two years of experience, is hard working, self-motivating, organized and enjoys a pleasant team work environment. E-mail resumes to Darren Silver at: or fax to: 213-384-8285.

Help Wanted: Immigration Paralegal
Kapoor & Associates, a boutique immigration law firm with offices in mid-town Atlanta and downtown Orlando, is looking for an immigration paralegal for our Atlanta office. We are a high-paced firm with a diverse mix of corporate and individual clients handling all types of employment-and family-based immigration cases. The ideal candidate will have 1-2 years of employment-based immigration experience. But most importantly, s/he will have a true passion for helping our clients achieve their dreams in the US. We offer a competitive salary and benefits. Please forward your resume to Romy Kapoor for consideration.

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:

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

Dear Editor:
Gary Endelman's article, "Something's Gotta Give," (2/2/05 ID) failed to address a few issues in the discussion of the possible consequences of PERM on H-1Bs and immigrant visa backlogs. Mr. Endelman proffers the example of an H-1B applicant with an approved I-140 who is subject to EB-2 or EB-3 retrogression. AC21 Sec. 104(c) provides that an individual who has exhausted their six years of H-1B status, is the beneficiary of an approved I-140, and would be eligible to proceed to adjustment except for the per country limitations, s/he shall be granted an extension of H-1B status until their adjustment of status is adjudicated. Michael Pearson's June 19, 2001 memo states such extensions shall be granted in three year increments. This would appear to resolve the 7th, 8th, and 9th year H-1B extensions. Mr. Endelman claims that the labor certification system collapse at DOL is the sole reason why the DOS moved priority dates forward in all virtually all employment categories with astonishing rapidity. The impact of 245(i) cases in April 2001 may have negatively impacted DOL's processing times, but a more likely basis for the forward progress of the priority dates was AC21's provision to allow for the recapture of unused employment-based immigrant visas from 1999-2000. This legislation, passed in October 2000, suddenly gave the DOS thousands of new visa numbers that could be used to address the backlogs, and only now, as CIS processes thousands of adjustment applications, are we seeing the return of quotas. I agree with Mr. Endelman that there needs to be substantive change in the immigration system. The present system is riddled with traps for the unwary. However, an analysis why we should change the system should include all relevant information, and not omit facts that might not support the need for change.

Grace Hoppin, Esq.
Jackson & Hertogs

Dear Editor:
It is rare indeed, when we practitioners are presented with an insightful and profound approach to a portion of our career activities which correctly and painfully confirms what we privately suspect. This certainly is the case with the recent articles by Mr. Endelaman concerning the long range issues which we all face in the employment based immigration categories. Those of us who have practiced for at least 5 years, remember only too well, the time when the 3rd preference was so oversubscribed that we routinely discounted its availability to our clients. I, myself, remember experiencing a multi-year period of labor certification-based employment immigration drought. As Mr. Endelman so succinctly reports, it was only the collapse, perhaps coagulation would be a better metaphor, of the labor certification program which caused EB 3rd preferences to open up. We must realize that the PERM honeymoon will be short and will be followed, most probably, by a long autumn of discontent. The question which begs for an answer or even a sliver of illumination is, what can we do to prevent the next logjam. It arrival is certainly inevitable unless something happens. That "something" should consume our collective energies, and soon.

Ramon Carrion, Esq.

Dear Editor:
It seems to me that 69 FR 77342 (center column) deal with the intentionally withdrawn and refiled applications, and not applications which were filed under PERM where no intent to withdraw the old application was expressed or implied. It follows that "two bites to the apple" rule may still apply (1/31/05 ID).

Ilas Molan

Dear Editor:
I'm trying to understand why the standard for determining "ability to pay" for purposes of obtaining a "fee waiver", in which CIS looks at all facts and circumstances is so vastly different from the standard employed by CIS for purposes of determining an employer's ability to pay a wage in connection with an immigrant worker petition. Is there a justification? I mean, either you can pay, or you can't pay. "Presumably" both regulations are attempting to get to the truth I wouldn't think of attributing any other motivation to CIS in promulgating and interpreting regulations. Any enlightenment is appreciated.

Laura Jasinsky, Esq.
Stamford, CT

Dear Editor:
For the last 5 days I have not received any news from Immigration Daily. It is part of my routine, as soon as I open my e-mail, to look for your information. I really miss it. Is there any problem? How can I help?

Elsa Fernandez, Esq.

Editor's Note: You are still subscribed to Immigration Daily and we have been sending Immigration Daily issues to your email address. It appears that the problem with delivery lies with your firm's email system. Please contact your firm's network adminstrator for assistance with your issue.


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Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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