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Immigration Daily

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Immigration Daily March 7, 2005
Previous Issues
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REAL ID Is Really National ID

The Wall Street Journal in a recent editorial pointed out fundamental problems with the REAL ID bill:

"Even if the Real ID Act had been in place prior to 9/11, it's unlikely that the license provisions would have prevented the attacks. That's because all of the hijackers entered the U.S. legally, which means they qualified for drivers' licenses. The Real ID Act wouldn't change that. Moreover, you don't need a driver's license to fly. Other forms of identification -- such as a passport -- are acceptable and also were available to the hijackers. Nothing in the Sensenbrenner bill would change that, either."
However, the proponents of the REAL ID bill (the anti-immigrationists) are probably not too concerned with national security, they just want to make life as difficult as possible for the undocumented workers who are essential to the American economy. The anti-immigrationists' view on immigration policy is to simply call for more and more enforcement. They turn a blind eye to the burning problem with immigration policy which is inadequate and minuscule avenues for legal immigration (both temporary and permanent). Ignorance of reality is ultimately a sure way to fail. All that the anti-immigrationists will achieve if REAL ID becomes law is driving the undocumented deeper underground and moving America closer to a Gestapo state with a national ID card.

We have confidence in the strength of our legislative process and believe that REAL ID will likely lead to a larger bill with both enforcement and generous benefits provisions. We look forward to that larger bill becoming law.

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


Filing PERM Cases For Advanced Practitioners

ILW.COM is pleased to announce our new seminar "Filing PERM Cases For Advanced Practitioners". The detailed curriculum is as follows:

FIRST Phone Session on March 23rd:

Late-breaking developments

Substantive Issues

  • A matter of definition - "employer" and "employment"
  • Chintakuntla conflicts
  • The 10 additional recruitment steps considered
  • Actual minimum requirments at 656.17(i)(2)
  • Kellogg vs. Delitizer
  • Layoffs!
  • Good news on Proof of Publication
  • Non-clinical care nurses
  • 2 bites to the apple?
Comments by guest expert

Form 9089 - Box by Box - A thru G

SECOND Phone Session on April 14th:

Late-breaking developments

Audit Issues

  • 3 paths but approval
  • Watch out for "special circumstances"
  • Database/statistical profiles
  • Incomplete applications will be denied! What does this mean? Hint: Much more than you think!
  • Documents - yours vs. theirs (Bonus: can an audit live-in?)
  • "Able, willing, qualified and available"
Comments by guest expert

Form 9089 - Box by Box - H thru J

THIRD Phone Session on May 5th:

Late-breaking developments

BALCA & Your Day In Court

  • "Killing tanks is fun and easy" - United States Marines!
  • Prevailing Wage and 4 skill levels
  • Evidentiary issues in the PERM rule
  • Plain language vs. statutory intent a.k.a. individualized vs. statistical
  • Burden of Proof vs. Burden of Production - section 291
  • Litigation considerations
Comments by guest expert

Form 9089 - Box by Box - K thru Q

The deadline to register is Monday, March 21st. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Keeping the Promise: Immigration Proposals From The Heartland
Deborah Waller Meyers et al. for the Chicago Council On Foreign Relations writes "Temporary and permanent immigration are necessary for the future strength of the Midwest and the country at large."

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 Advises Employers Not to File Until New H-1B Guidance Is Issued
USCIS announced that it is currently preparing guidance for implementation of the FY 2005 Omnibus Appropriations Act which created a new annual H-1B congressionally mandated cap of 65,000 visas exemption. USCIS advises employers not to file H-1B petitions seeking to employ an H-1B worker who may benefit from these provisions until USCIS publishes guidance in the Federal Register.

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 Paralegal
Fast-paced, nationally recognized immigration law firm in Washington, D.C., seeks highly motivated, detail-oriented individual for business immigration paralegal position. Strong organizational, writing, & interpersonal skills required. Prior business immigration experience a plus, but not required. Great oppty. for individuals interested in challenging, exciting work dealing with int'l clientele with excellent career advancement possibilities. Excellent work environment, competitive salary/benefits. Visit Send resume, salary requirements, & references to Noel Adams: No calls please.

Help Wanted: Immigration Attorney
MacDonald Hoague & Bayless seeks a full-time associate attorney for a business immigration position to join its 16 lawyer Seattle-based firm. The caseload will primarily consist of labor certifications and other immigrant visa related matters for corporate clients. Position requires excellent organizational, analytical and writing skills. Two years of prior business immigration experience required. We offer a quality work environment, excellent benefits and a tradition of legal activism. Email resume + writing sample to Tara Binge: Applications accepted until April 15, 2005.

Labor Certification Advertising/Recruitment
We can assist you with your PERM recruitment. We are a fully qualified placement agency that will provide a short term recruitment job market test for your professional clients. We provide a test of the job market for any professional position in any field. The employer or agent will pay a one time flat fee and we will recruit for the employer as part of our normal placement agency services. The employer can choose to have Placement Services USA sort and interview any qualified candidates or simply select to have all collected resumes from a particular position posting forwarded directly to the employer or agent. We will provide both a signed letter and hard copy print out from our job listings website to confirm the recruitment efforts for your files. There is no obligation or additional fee involved if the employer does not hire a Placement Services USA candidate. We can have your recruitment needs fulfilled in an easy, expeditious and courteous manner. The position can be added to our recruitment campaign and website in a matter of hours. Contact us to get started today at (ph) 310-820-7469, (fax) 310-820-7648 or (email)

Credential Evaluation And Translation Service
Why should you choose Silvergate Evaluations? We have a special ILW.COM offer for first-time clients -receive 50% off our already low fees for your first academic or work experience evaluation when you mention this ad. We offer the full spectrum of evaluation services, including academic evaluations, work experience evaluations, combined academic and work experience evaluations, expert opinion letters, and translations. Our evaluators are all Ph.D university professors who are authorized to grant credit at accredited US universities and are routinely accepted by USCIS and DOL, universities, and other institutions. We offer some of the lowest prices and processing times in the industry. Academic evaluations are $80 and work experience evaluations are $200, both with a 3 business day processing time. Next day and same day service also available. We are committed to client satisfaction. If you have a request regarding an evaluation that has already been completed and sent to you, it will be handled within hours, not days, and without an extra fee. We offer free preliminary assessments so that you avoid paying for unnecessary equivalencies. Visit, email, call 410.358.3588, or fax documents to 410.358.1167. See for yourself why everyone is choosing Silvergate.

Immigration Law Conference
Save The Dates - April 25-26, 2005. The CMS-Fordham 28th National Legal Conference on Immigration and Refugee Policy. Sponsored by the Center for Migration Studies (CMS) and the Fordham Law School, in Collaboration with the Catholic Legal Immigration Network, Inc. (CLINIC) Program. Location: The Fordham Law School, New York, New York. Topics will include: Is Big Brother watching: using technology to improve both security and service, the impact that security checks and delays are having on artists, entertainers, schools and businesses, civil liberties and rights for nonimmigrants in the brave new post 9-11 world, international human rights developments related to migration, emerging issues in business immigration, workplace enforcement issues in the twenty-first century, prospects for immigration reform in the 109th Congress, plus 2 special programs: getting ready for legalization and getting ready for PERM: a nuts and bolts overview. Representatives from the government, nongovernmental organizations and private practice have been invited. For additional information, please go to

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

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For services/products of use in your law practice please click here


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

Dear Editor:
Gary Endelman's "Can't We All Just Learn To Get Along? PERM and The Threat to AC21 Portability?" (3/3/05 ID) raises well the potential risk posed by the Department of Labor to our clients using AC21 post-PERM. But he failed to note that AC21 also amended Section 212(a)(5)(A) by adding subpart (iv) stating that the Labor Certification of an I-485 Applicant who ports to a new job or employer "shall remain valid." While there is no memorandum or General Administrative Letter from DOL specifically addressing what will happen to that I485 Applicant with an approved Labor Certification and approved I140 and I485 pending at least 180 days, I do not believe the March 28, 2005 effective date for PERM will throw the foreign national community in to the horrible morass that he seems to fear.

Adam Rosen

Dear Editor:
ESIG was asked to be a part of the I-9 Coalition, a group of employers and associations with a vested interest in the new I-9 e-storage and e-signature law. Based in Washington, DC, the I-9 Coalition works on employment eligibility verification documentation issues on a regular basis. Recognizing that ESIG brought valuable perspective to this issue, the Coalition sought us out to be a part of the group. The Coalition was asked to make recommendations to the DHS for implementing new I-9 Electronic Signature and Storage rules. ESIG participated in reviewing and editing the final draft of the proposal, which included the following recommendations and were delivered to DHS on January 14, 2005: The DHS implementing regulation should provide a broad framework that takes into account the wide-ranging needs of the affected employers when it comes to efficiency, flexibility, and cost-effectiveness. The standards should also accommodate the rapid changes in technology that might be used to comply with the regulations. The DHS should consider other laws that utilize technology-neutral standards as references for this rule. Rather than dictate the format that an electronic signature should take, the rule should clearly define what constitutes a legal electronic signature. The DHS should ensure that electronic documents are as enforceable as paper ones, while at the same time maintaining enough flexibility to meet the implementation needs of individual employers. The recommendations were incorporated into the proposed regulation, which was cleared by ICE and BTS last week, and is now at the CIS division. After review there, it needs to be approved by the DHS Counsel's office and then get final clearance by the OMB. It will then be published in the Federal Register. There has been a DHS reorganization, which affects some of our contacts there. Our main contact, Tracey Renaud, has moved from Modernization Services to US-VISIT, where she is now in charge of the program. Her old job has been split into two positions: one in charge of the eFiling initiative, and another heading up eAdjudications. We are in the process of being referred to the proper contacts for each program.

Bob Meltzer
On behalf of Esig


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

Alice Yardum-Hunter is a second-year "Super Lawyer" according to the publishers of Los Angeles Magazine and a survey conducted by Law & Politics. In 2004 and 2005, the first two years of the survey, 65,000 attorneys surveyed in Southern California named names of the best lawyers in a number of specialties, based on personal experience of their work in action and not just reputation. Then after passing the muster of a blue ribbon panel of judges, final inclusion on the list puts winners in the top 5% amongst immigration lawyers field in Southern California.

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Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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