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Immigration Daily

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Immigration Daily March 18, 2005
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PERM Seminar Deadline Is Monday, March 21st!

The upcoming PERM seminar on ILW.COM will feature a unique format. Each 90-minute telephonic session will consist of the following:

  • Quick overview of late-breaking developments (so, for March, April, and May, this seminar offers a "one-stop-shop" where you can keep abreast of the latest developments in labor certs - both PERM and backlog reduction)
  • Detailed, substantive discussion of the PERM rule by Sam Udani (a cutting-edge analysis delivered in a fast-paced, "no-nonsense" style)
  • Commentary by a guest expert (Gary Endelman and Joel Stewart are among the noted practitioners who will comment)
  • Box-by-box discussion of the new 9089 form (a practical "how-to" approach to filling out the form)
  • Questions from the audience to the panel (as many questions as possible will be answered live, the panel will make every effort to answer other questions by email)

The deadline to register is Monday, March 21st. 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:


The International Who's Who Of Corporate Immigration Lawyers - Fifth Edition
Whos Who Legal provides the results of its fifth annual who's who list of corporate immigration lawyers.

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:


Wife's Involuntary Sterilization Is Dispositive Proof Of Husband's Persecution
In Qu v. Ashcroft, No. 03-71141 (9th Cir. Mar. 8, 2005), the court said that when a wife was involuntarily sterilized pursuant to a coercive population control program, the husband was entitled by virtue of that fact alone to withholding of removal.

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 Attorney
Dunbar, Harder & Benson, LLP, an immigration law firm, located in the Galleria area of Houston, Texas has an immediate opportunity for an experienced immigration attorney. Experience must include business immigration cases in NIV and IV matters including labor certifications, all nonimmigrant categories, adjustment of status, consular processing, NIW, extraordinary ability, multi-national and researcher petitions as well as family-based & naturalization. Must have in-depth knowledge of law & procedure, excellent writing, communication and organizational skills. Salary commensurate with experience. Please email resume, writing sample and salary requirements to Bonnie Lampton:

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

Offshore Legal Services
We assist immigration attorneys in NIV and IVs, including checklists, form completion, draft cover & employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. We offer a full range of services including document generation, research, accounts, clerical & archival. Quantum Technologies is a sister company to Adnet Advertising Agency, the leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms. Law firms can cost effectively and securely outsource legal processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our legal offsite center functions as virtual extensions of your offices providing 24 x 7 support and significant cost savings. Convenient billing options available. For more info. contact Johaina Mumtaz at or call 212 406 3503 ext 224.

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:
The phrase "through April 30, 2005" implies old Form I-129W may not be used subsequent to April 30, 2005? (3/17/05 ID comment). Also, paragraph 2 implies there may be a new Form I-129W, but neither paragraph 1, or paragraph 2, indicates a more recent date of Form I-129W. Am I misinterpreting the meaning of the Public Notice of March 15, 2005? What should the annotation be if the Professional or Doctorate degree is not U.S. earned? Is there a new, later edition of Form I-129W?


Dear Editor:
I could not agree more with Mr. Landess' letter regarding how immigration lawyers would be singing a different tune once their jobs are outsourced to companies abroad that can provide the same service at half the price (3/17/05 ID).


Dear Editor:
Sarah-Andrea's letter (3/17/05 ID) in Immigration Daily complains about how the REAL ID amendment is going to be embedded in H.R. 1268, the Emergency Wartime Appropriation Act, and says that how unfair it is that the lawmakers are "sneaking" this amendment into this bill. How ironic. I don't seem to remember anyone complaining back in December 2004, when Congress passed the Omnibus spending bill for FY 2005 (H.R. 4818). If you recall, an amendment was added to this spending bill that increased by 20,000 the number of H-1B visas issued for foreigners who have an advanced degree from an American university. That was "sneaky". To add insult to injury (and to the chagrin of many corporate immigration lawyers, I should add - the Microsofts, Intels, and the like), last week the USCIS promptly ignored this new law on the day it was to take effect and announced that these 20,000 visas are now available to anyone, including those without advanced degrees from American universities. And that is even sneakier. It seems to me that there are hidden agendas everywhere you look.

Steve Landess
Austin, Texas

Dear Editor:
Rather than "roll the red carpet" for illegal aliens or saluting them (3/16/05 ID comment), we should be deporting them for the criminals that they are in arrogantly breaking our entry procedures. Your excessive endorsement of unlimited invasion of America and recent Alan Greenspan plug share a common association, irrational exuberance. It is hypocritical if not deceptive, to equate traditional, limited and lawful immigration to the hoards of border crossers, visa overstayers and other assorted shams and scams we now see. Those who who originally pledged "their lives, fortune and honor" made their sacrifices for liberty and the Constitution, not to take jobs from other Americans and/or to exploit our welfare systems. Trying to crowd so many other cultures here seems to be diluting what Americans have laboriously achieved from the dregs of historical oppression. There is much more at stake than "the plight of the illegal". Our Founding Father's primary concern was: "The plight of Freedom". While the generosity of Americans including their entry policies exceeds that of any nation, there must be strict limits as others now take advantage of liberal policies, some of them terrorists and radicals. Advocates who are unable to place America's security, concerns and needs above those of foreigners may be the foremost argument against the many illusory, promised benefits of migration as it demonstrates that the essential process of assimilation remains extremely difficult. While not denying that compassion is a virtue, it can also used as a ploy and tactic to justify a position or goal. But why should even a sincere compassion for noncitizens take precedent over that of our own citizens? [corrected Ed. 3/18/05].

R. L. Ranger

Dear Editor:
Would it be possible to receive yesterday's Immigration Daily issue?


Editor's Note: You can see all previous issues of Immigration Daily in our archives by date.


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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. Copyright 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM or members of the Immigration Daily Advisory Board. The opinions expressed in the Comment section are those of ILW.COM and Immigration Daily and do not necessarily represent the views of the members of the Immigration Daily Advisory Board.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Advisory Board:   Marc Ellis, Gary Endelman