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Immigration Daily

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Immigration Daily March 16, 2005
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The Red Carpet

When the Golden Venture ran aground ashore near New York City about a decade ago, A. M. Rosenthal (formerly of the New York Times) suggested that, rather than round up the Chinese immigrants on board the Golden Venture, New York should honor the immigrants with a Broadway parade. Immigration Daily shares Mr. Rosenthal's sense in viewing immigrants as heroes. Those who make one of life's most difficult decisions - to immigrate - deserve credit for several reasons: (a) leaving everything one knows behind in the country of one's birth for an uncertain future in a foreign country requires considerable courage and determination; (b) learning and re-learning the skills needed to succeed in the country of one's choice requires considerable effort, patience, and equanimity when faced with frequent failure; (c) after a lifetime of effort, a significant portion of the benefit goes not to oneself, but to one's children and ordinary Americans (who are large beneficiaries of immigrants' talent and work). For all this, and more, we salute the brave immigrants who honor America in choosing to make their lives here.

Unfortunately, many on both the right and the left disagree with us. Some on the right see immigrants as parasites living off the American dole, viewing the world through almost a Marxist lens. The wonder is that these folks call themselves right-wing or even conservative while espousing, on immigration at least, a strictly socialist world-view. Some on the left, on the other hand, see immigrants as targets of American charity. The wonder here is that these folks call themselves left-wing while espousing a view on immigration impossible to differentiate from the compassionate and humanitarian Religious Right. For many on both the left and the right, moreover, the moral fitness of immigrants is tainted by the fact that immigrants primarily come to America seeking economic opportunity. We see that same fact as proof of the moral fiber of immigrants (this is in addition to all the other reasons to admire immigrants outlined above).

All Americans should be proud that immigrants continue to pour onto our shores; we should all dread the day when that ceases to happen. Ordinary Americans make immigration possible by welcoming immigrants into their communities, where the vast majority of immigrants live and thrive in peace and prosperity with their American neighbors. Through their actions, ordinary Americans reject the thinking of the misguided on both the left and the right on immigration. While America should certainly continue be to as vigilant as necessary in the post-9/11 world, we should roll the red carpet for those who pledge their lives, fortune and honor in immigrating here.

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:


From Denial To Acceptance: Effectively Regulating Immigration To The US
Walter A. Ewing of the Immigration Policy Center writes "Most lawmakers in the US have largely embraced the process of economic "globalization," but stubbornly refuse to acknowledge that increased migration, especially from developing nations to developed nations, is an integral and inevitable part of this process."

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:


Yates Memo Clarifys 245(i) Eligibility Rerquirements
William R. Yates, Associate Director for Operations issued a memo clarifying certain eligibility requirements pertaining to an application status under section 245(i) of the INA.

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:


Immigration Law Conference
The Midwest Legal Immigration Project presents its 6th Annual Basic Immigration Law Training, an intensive 1-week seminar, May 16-20, 2005 in Des Moines, Iowa. Seminar covers: family immigration, deportation, asylum, relief from removal, employment, immigration benefits (registry, family unity, NACARA, VAWA, and temporary protected status), fiancee visas, consular visa processing, immigration court representation, preparation of waivers, criminal convictions, obtaining and posting bond, mandatory detention, and working with Congressional offices. Ideal for both non-profit personnel & for-profit private attorneys. Provides skills and know-how to begin a basic immigration legal practice and serve immigrant clientele with confidence on both law + procedure. Seminar will assist private attorneys in starting niche practice in high-growth areas. Attorneys dabbling in immigration law can increase both knowledge and range of competence for their immigrant clients. Tuition cost: private attorneys =$1,500; non-profit personnel= $1,000. 37 immigration CLE credits + 2.75 ethics CLE credits approved. For more info. or to register, call (515)-271-5730, email; or visit

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.

Labor Certification Advertising/Recruitment
We are a private employment firm for PERM recruitment. We are a fully qualified placement agency that will provide private employment firm services for PERM recruitment for professionals. 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 - all of our services above apply only to our private employment firm services. There is no obligation or additional fee involved if the employer does not hire a Placement Services USA candidate. We can have your private employment firm needs fulfilled in an easy, expeditious and courteous manner. The position can be added to our private employment firm 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)

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

Credential Evaluation And Translation Service
Does your firm need a free initial consultation regarding an Educational, Work Experience or Position Evaluation? American Evaluation and Translation Service, Inc. (AETS) provides free reviews of educational documentation. AETS will review the educational documentation submitted and call/email your firm to update you on the exact U.S. educational equivalency. AETS also provides 'expert opinion' work experience and position evaluations completed by PhD university professors. For a complete list of their prices and turn-around times, please click here: In addition, AETS provides certified translations in over 100 languages, with translators that are specialists in over 80 fields. For a copy of the application for credential evaluation and translation services, contact AETS at (786) 276-8190, email:, or visit

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:
I think the implementation of the H-1B quota may take sometime. At this point no government source has indicated any reason for delay in implementation of the new 20,000 visas. I can guess only 1 reason for delay. As you know that as of March 08, 2005 the 100% prevailing wages and employer-attestations (H-1B dependent attestation which were effective before October 1, 2003) have become permanent. Accordingly, the LCA Form has to be changed to incorporate the changes. In order to change the LCA, DOL is required to get an approval from Office of Management and Budget (a.k.a. OMB). I believe my guess is right because I found the below proposal submitted by DOL to OMB on December 10, 2004 for their review and approval. DOL-ETA RIN: 1205-AB39 Labor Condition Applications for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Filing Procedures Stage: Proposed Rule Economically significant: No Received: 12/10/2004 Legal Deadline: None This proposal is still pending as of this date. I think once the proposal is approved, the LCA form will be changed and the quota will be opened. There can be no other reason to think of. Let me know if anyone has additional/different information on this.

Jagan Tamirisa, Law Offices of Rakesh Mehrotra

Dear Editor:
I am not a lawyer. I am not a paralegal. But I am involved in immigration problems. Will someone please tell me wht PERM stands for?

Al Moser


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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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