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Immigration Daily


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Immigration Daily February 4, 2005
Previous Issues
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Retrogression, US Visit, Cases, Tsunami

ILW.COM's February 9th seminar will discuss Retrogression, US Visit, recent Cases, and the Tsunami. The detailed curriculum is as follows:

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:

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


Latest PERM Seminar Curriculum

Noted legal luminaries Jonathan Adams, Roxie Bacon, Ron Klasko and Angelo Paparelli will speak on PERM at ILW.COM's seminar on February 10th. The curriculum is as follows:

  • Form-Filling Formulae: Answering Logical (and Ontological) On-Line Questions.
  • Can I Get a Witness? How PERM Changes Supervised Recruitment
  • Audit Proofing Your PERM Cases: The Science and Art of Responding to DOL Investigations
  • Handle Me Special and Slip Me in Your Schedule (A): PERM's Impact on Professors, Physical Therapists, Nurses and Exceptional Ability Aliens
  • Pay or Don't Play: Attorney Fees and "Truly Open" Jobs
  • Riffing on RIFs: After PERM, Will Lay-Offs Scuttle Your Case?
  • You Don't Own Me! How Alien Investors and Stockholders Fared under PERM?
  • No More Second Bites: The Death of Remands and Other Changes to BALCA Procedures
  • Much More than a Potted Plant! Strategic Lawyering under PERM
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!


Is Canada A Safe Country For Refugees?
Pia Zambelli writes "This new arrangement may cause refugee advocates on both sides of the US-Canada border to ask the question, "What kind of refugee protection is offered by our neighbours?"

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:


President Bush Speaks On Immigration
During his 2005 State of the Union address, President Bush said, "It is time for an immigration policy that permits temporary guest workers to fill jobs Americans will not take, that rejects amnesty, that tells us who is entering and leaving our country, and that closes the border to drug dealers and terrorists."

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Help Wanted: Immigration Paralegal
Small mid-town NYC Immigration law firm seeks an enthusiastic, ambitious, multi-tasker, team player with strong writing and verbal skills and experience and interest in immigration law who will "hit the ground running" to handle day-to-day operations, that includes administrative and legal functions. Candidate must be detail-oriented, manage case load independently, possess good organizational and computer skills and is tech savvy. We offer a competitive salary, casual environment, flex/full time and a chance to play a key role in an expanding practice. Send resume + salary requirements in confidence to Virginia Fling:

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.

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

Dear Editor:
In response to your State of the Union comment (2/3/05 ID), the President may try to pursue his amnesty for illegal aliens but the American people will not support it nor will members of his own party.


Dear Editor:
I am responding to the "two bites of the apple" concern (1/31/05 ID) about automatic withdrawal of an original application if a re-filed application is not considered identical. We are creating an issue that doesn't exist. The plain language of the regulations clearly spell out that the DOL will compare the applications only if two conditions are met: (1) submitting an application for an identical job opportunity after complying with all the filing and recruiting requirements of part 656; and (2) withdrawing the original application in accordance with ETA procedures. (20 CFR 656.17(d)(i) and (ii)). Therefore, 20 CFR 656.17(d)(ii)(2) requires affirmative withdrawal of the original labor certification and refilling within 210 days. In addition, "[a] copy of the original application, including amendments, must be sent to the appropriate ETA application processing center when requested by CO under 656.20." (20 CFR 656.17(d)(ii)(3)). It is clear that the DOL is not going to look at old petitions and deem an original petition automatically withdrawn absent "employer's desire to use the original filing date." 20 CFR 656.17(d)(ii)(2) ("filing an application under this part stating the employer's desire to use the original filing date will be deemed to be a withdrawal of the original application. The original application will be deemed withdrawn regardless of whether the employer's request to use the original filing date is approved.") Thus, there is absolutely nothing in the regulations that indicates that if an employer files a petition under PERM without affirmatively requesting withdrawal and retention of priority date, the DOL can automatically withdraw a pending petition. Because the automatic withdrawal is adequately addressed in the regulations there is no useful purpose in creating controversy where none exists. Such artificial controversy may actually make the DOL rethink its regulations.

Sofia M. Zneimer, Esq.
Jasinsky Immigration Law, LLC

Dear Editor:
It is with great sadness that I inform you of the passing of our colleague, Steve Horton. As many of you know, Steve was a gentle giant in the world of immigration. He trained many of us in the law and his loss is a profound one for us personally and professionally. Steve is survived by his wife Dawn, his daughters, and grandchildren.

Elaine H. Witty, Vice Chair
AILA NY Chapter


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Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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