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Immigration Daily March 11, 2005
Previous Issues
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IV Issues In Consular Processing

The March 16th telephonic session of "Consular Processing Today: Visa Procedures, Security Clearances, And Waivers" will discuss IV issues. The speakers are:

  • Angela Colyvas, Deputy Chief of the Visa Section in Lima, Peru.
  • Santiago Burciaga, Chief of the Immigrant Visa Section in Ciudad Juarez, Mexico.
  • Gary Sheaffer, Consul, Montreal.
  • Bob Settje, Consular Officer in the Visa Office, with responsibility for the Western Hemisphere.
  • Stephen Fischel, Director of Legislation, Regulations and Advisory Assistance of the Visa Office.
  • Jan Pederson and Roberta Freedman, discussion leaders
The deadline to register is Monday, March 14th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:

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

  • Section A: Refiling Instructions
  • Section B: Schedule A or Sheepherder Information
  • Section C: Employer Information
  • Section D: Employer Contact Information
  • Section E: Agent or Attorney Information
  • Section F: Prevailing Wage Information
  • Section G: Wage Offer Information

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

  • Section H: Job Opportunity Information
  • Section I: Recruitment Information
  • Section J: Alien Information

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

  • Section K: Alien Work Experience
  • Section L: Alien Declaration
  • Section M: Declaration of Preparer
  • Section N: Employer Declaration
  • Section O: U.S. Government Agency Use Only
  • Section P: OMB Information
  • Section Q: Privacy Statement Information
The deadline to register is Monday, March 21st. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


I Want To Live...In America!
Peter Reed Hill writes "This is the story of a memorable deportation battle which was recently fought by the author and was eventually won on behalf of a deserving client. If you like to read about courtroom sagas, feel free to read on."

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 Announces FY 2005 H-1B Numbers Not Limited To Advanced Degree Holders
The USCIS announced that the remaining 20,000 H-1B cap numbers will be applied to all qualified H-1B nonimmigrants, and not be limited to those individuals holding a master's degree or higher degree from a US institution of higher learning.

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
As one of the largest nonprofit hospitals in the western US, Cedars-Sinai has combined expertise, technology, research and caring to create the gold standard of excellence in health care. We currently seek an experienced HR professional to assume the role of academic services specialist responsible primarily for immigration, visa and licensure services for the academic community and the institution. Ensure compliance with state and federal regulatory stds related to immigration/visa services. Ensure appropriate processes in Medical Board of California licensure standards. Acts as resource for faculty, academic staff, and employees with matters related to immigration/visa services. Provide assistance in faculty recruitment and contracting, EEO reporting and other systems and processes that may be assigned. Requirements: College education or the equivalent in experience; Paralegal certification preferred but not required; Progressive background and experience in full range of immigration and visa services necessary; Knowledge of Medical Board of California licensure processes. Include Job# EW-ILW/1041009 when submitting cover letter + resume to Nancy Ishioka: Position is based in Los Angeles, CA. Cedars-Sinai welcomes and encourages diversity in the workplace. AA/EOE.

Credential Evaluation And Translation Service
Are you looking for certified translations for immigration purposes? American Evaluation and Translation Service, Inc. (AETS), a corporate member of the American Translators Association, provides certified translations in over 100 languages. Since AETS primarily caters to law firms and universities, AETS' linguists, all of whom either have Master's degrees or more than five years of translation experience, are experts in the field of immigration-related translations. Why entrust anyone else with such important documents? Contact AETS today for a FREE quote. For an application for translation service, click here. Or contact AETS at (786) 276-8190, email: or simply fax your documents to (786) 524-3300. AETS provides educational, work experience and position evaluations. For more information, please visit

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

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:
Putting arguments about illegal immigration aside, John Van Wie's claim (3/8/05 ID) that REAL ID can be implemented by 'simply verifying the authenticity of government encoded documents' is a gross oversimplification of the reality that all legal immigrants will face if this proposal becomes law. If REAL ID is implemented, law abiding persons on H1, L1, green cards and similar visas will annually be at the mercy of their state DMV. It is unrealistic in the extreme to expect DMV workers to understand and interpret a persons legal immigration status. There are dozens of different DOL and USCIS documents, delays and processing statuses involved in a legal immigrants journey, and at any time some of those critical documents will be simply unavailable or awaiting adjudication in a USCIS backlog. Mr Van Wie's letter has made the same error as the authors of REAL ID and assumed that is a trivial process for state DMV agencies to verify federal immigration status. Does REAL ID include additional funds for the USCIS and state DMV's to perform these checks on a timely basis, or is REAL ID yet another unfunded mandate from Congress?

A skeptical observer


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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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