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Immigration Daily March 24, 2005
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Comment

Letter From Ira Kurzban

Today's Immigration Daily carries a letter from Ira Kurzban about the AILA 2005 election for the position of AILA Secretary. Immigration Daily is pleased to provide a forum for immigration attorneys and welcomes others to share their ideas on issues affecting the immigration bar. Write to editor@ilw.com.


Focus

Immigration Books

P. J. Patel was the first to bring the INA out in book form specifically for immigration lawyers (for the fascinating story behind what attorneys take for granted today - the INA as a reference tool - see, The Story Of The Whole Act). Patel's Immigration Law Library includes the Fully-Indexed PERM Rule. This book includes: (a) A comprehensive and easy-to-use 12 page topical index to the PERM Rule; (b) 10 Key Questions on PERM by Gary Endelman; (c) The PERM World: A Temporary Answer to a Permanent Immigration Problem by David Nachman; and (d) DOL Memorandum: Technical Instructions Regarding Unprocessed Permanent Foreign Labor Certification Cases. For more on Patel's Immigration Law Library, see http://www.ilw.com/books/.

"Labor Certification by Joel Stewart - THE PERM BOOK" consists of four parts: (a) The first part of this book is a detailed section-by-section interpretation of the PERM rule by Joel Stewart and his lengthy commentary on the changes wrought by the rule; (b) The second part of the book is a "How To" section with Joel Stewart's tips on filling out Form 9089; (c) The third part of the book is articles on specific topics related to the PERM rule by many noted practitioners; and (d) The fourth part of the book is comprised of many useful appendices including: The PERM rule, the current rule, key Department of Labor contact information and other helpful information. The book will be over 500 pages in length and will be an essential reference tool for serious labor certification practitioners. Orders for this book will be shipped according to the principle first ordered, first shipped (the expected publication date is April 2005). For more info, and to order, see here.


Article

Potent Combination: Child Status Protection Act And The USA Patriot Act
Cyrus D. Mehta writes "The Child Status Protection Act artificially freezes the age of a child below 21 years of age so that he or she is not deprived of permanent residency when the parent is granted the same status."


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: http://www.ilw.com/seminars/

News

Many African Females Are Eligible For Asylum
In Mohammed v. Gonzales, No. 03-70803 (9th Cir. Mar. 10, 2005), the court, calling the BIA's opinion "nonsensical", said that "the extremely painful, physically invasive, psychologically damaging and permanently disfiguring process of genital mutiliation undoubtedly rises to the level of persecution". The court suggested that the executive branch "could define the social group as that of Somalian females" and further said "the recognition that girls or women of a particular clan or nationality (or even in some circumstances females in generally) may constitute a social group is simply a logical application of our law." The court went on to say that FGM is similiar to forced sterilization in that it must be considered a continuing harm for asylum eligibility without more.


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Classifieds

Help Wanted: Immigration Paralegal
Immigration law firm seeks immigration paralegal/legal assistant with 2+ years of experience in employment-based IV, NIV, family-based IV, naturalization, adjustment of status, and consular processing. College degree or paralegal certificate preferred. Significant work experience considered in place of formal education. Superior analytical, organizational, and communication skills. Proficient in word processing, spreadsheet, and immigration forms applications. Heavy client contact, legal research, and immigration petitions. Excellent salary/benefits package. Send resume + salary requirements to: legaljobsearch@gmail.com or fax: 301-468-0751.

Help Wanted: Immigration Attorney
The Law Offices of Jessica Dominguez has immediate opportunity for an immigration attorney to work on a wide range of cases in a diverse, full-service immigration law practice based in Sherman Oaks, CA. Attorney will represent clients before immigration officers and in immigration courts including employment-based IV, NIV, family-based IV, and naturalization. Excellent legal research/writing and outstanding communication skills needed. Ideal candidate has 2-4 years of experience -exceptional, motivated candidates with less experience are also encouraged to apply. Candidate shows initiative and works independently. Spanish language a plus. Great office environment and wonderful clients. Send cover letter, and resume to Jessica Dominguez: LawofficesofJD@aol.com. All replies will be treated in the strictest confidence and references will not be contacted without prior approval.

Help Wanted: Immigration Paralegals
The Law Offices of Jessica Dominguez has an immediate opportunity for two experienced paralegals, with experience in family-based immigration visas and/or business visas for its law offices based in Sherman Oaks, CA. Must have experience in the following: non-immigrant, work-related visas, including H-1Bs, and L-1s, labor certifications, and consular processing. Spanish a plus. Must have excellent organizational, written, computer, and verbal skills, and possess the ability to work with minimum supervision. We offer a friendly office environment and wonderful clients. Please e-mail cover letter and resume to Jessica Dominguez: abogadalatina@aol.com. All replies will be treated in the strictest confidence and references will not be contacted without prior approval.

Help Wanted: Immigration Attorney
Mitchell C. Zwaik & Associates, a growing broad-based immigration firm in Suffolk County, New York seeks 1-2 associates for immediate opening. Must have excellent research, writing & case management skills and at least 1-3 years experience in either litigation/appeals (EOIR, BIA, mandamus, petitions for review) or business immigration (labor cert., H-1B, L-1A, E-2). Some Saturday work required. Send cover letter with salary requirements, resume and writing sample to Mitchell Zwaik: mczwaik@zwaik.com.

Help Wanted: Immigration Paralegal
Grotta, Glassman & Hoffman, P.A. seeks an experienced full-time immigration paralegal sought for a high volume, fast-paced corporate immigration practice in Roseland, NJ. 2+ years of experience preferred in preparation of employment-related USCIS/DOL filings (all components, including supporting statements), such as non-immigrant employment petitions, immigrant visa applications, and/or permanent residency applications. Must be detail-oriented with excellent writing, communication, organizational, and computer skills. Send resume + cover letter describing your interest, qualifications, and financial requirements in strict confidence to Alexandra Carvalho at: recruit@gghlaw.com or fax: 973-992-9125. EOE.

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 Johaina@quantum-usa.com or call 212-406-3503 ext 224.

Help Wanted: Immigration Attorney
Nationally recognized Washington D.C. immigration firm seeks an outstanding, experienced immigration attorney who thrives on and has extensive experience successfully handling various types of immigration cases, from corporate to deportation and much of what is in between, to grow with our firm in a congenial, fast-paced and supportive environment with thirty + immigration professionals, all strongly committed to legal excellence and the highest level of client service. Please e-mail your statement of interest describing your immigration experience, professional goals, salary requirements, and a writing sample to Michael Maggio: jobs@maggio-kattar.com. To learn about us, visit www.maggio-kattar.com. No calls please.

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 Justice@BenzoniLaw.com; or visit http://www.benzonilaw.com/education.htm.

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. Texas Bar required. Salary commensurate with experience. Please email resume, writing sample and salary requirements to Bonnie Lampton: info@dhbllp.com.

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) recruitment@placementservicesusa.com.

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 http://www.cmsny.org.

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 you…everytime. 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 info@inszoom.com.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters

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

Dear Editor:
Why does Chucky's letter express surprise (3/23/05 ID) that while Wal-Mart was recently fined millions of dollars for having used illegal aliens to clean their stores, they received no criminal penalties? Chucky's letter further points out that Wal-Mart exploits illegal aliens and equates the lack of criminal penalties to the reason it will never stop. Huh? Actually, Wal-Mart's contractor paid those illegal aliens more than they would make in their own country, and they were happy to have the work. But why should Wal-Mart be prosecuted criminally, when illegal aliens break the same laws every day and get away scott free? Wal-Mart was required to pay a fine. Illegal aliens are not fined, or even asked to disgorge the money they earned illegally. What ever happened to, "What's good for the goose is good for the gander?" The bottom line is, they are all law violators, Wal-Mart and the illegal aliens alike. They should all be punished equally (or at least proportionately), both civilly and criminally. The question is, what should those punishments be?

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Sugiharto's letter ((3/23/05 ID) states "We get more, because we give you more for less"? What does that mean? We (Americans) get more of what? Because we give you more for less of what? The only thing I can think of is that Americans should accept less money because if they don't, a company will either outsource jobs or bring in H1-Bs. While I certainly expect Americans to work for "quality and reliability", what I see today are companies that are willing to trade that off for cheaper wages through outsourcing and temporary visas. When a highly trained doctor or accountant can be replaced by a guy reading x-rays or an accountant processing forms in India (for less money of course) there is simply no way that an American can compete wage-wise. When a company lays off American engineers, then hires cheaper H1-Bs who must be trained by said engineers, well, again, there is no way to compete on salary. American companies are becoming satisficers, not optimizers, in their attempt to cut expenses and boost profits. Eventually, however, they’ll need to produce revenues, i.e. sales, and so far the "next big thing" that will do that hasn’t arisen, for all the so-called geniuses companies have imported in the past decade. What is heartening, however, is to see that these low wage countries are experiencing labor shortages themselves, and even demands for wage increases by workers in China.

Ali Alexander

Dear Editor:
Sugiharto's letter (3/23/05 ID) indicates that he opposes corporate welfares (sic), and that Americans should "stop whining and empower ourselves for global competition". Noble ideas but how naive. The Chinese government has grossly manipulated their currency to their advantage for years while building up their infrastructure (and the trade imbalance with the USA). And, to boot, there are few regulations in most Asian countries to protect child workers, ensure safe and healthful working conditions, fair pay, working hours, and environmental impact, unlike the USA. When taking all these issues into account, I would say that at the present time there exists no level playing field upon which to compare the pay of American workers to the pay of Asian workers, and the aggregate effect is similar to corporate welfare.

Steve Landess
Austin, Texas

Dear Editor:
Many temporary illegal guest workers pay taxes when they worked in this country. They used fake SS numbers or IRS tax ID numbers to be able to work and got hired. Illegal immigrants have paid US $462.8 billions in SS tax alone so far and they can never get the tax return. Tax cuts for the wealthiest Americans plus outrageous costly spending on war machines and policing this planet are the main culprits of why we don't have decent health care, highways, schools etc. I don't understand why any US citizens are angry to these hard working and tax paying immigrants when they are coming back to their countries and bring their SS tax money with them. It's their own money. How can it be fair that US citizens want their cheap labor, their tax money, their contribution to our economy, their businesses but deny them their rights to seek American dreams? If our welfare system is being abused by illegal immigrants, legal resident aliens and US citizens, the welfare system itself must be reformed. No more lazy parasites should be able to obtain free handouts from tax payers' money regardless their immigration status. There's no reason for healthy, young, able bodied persons to get free food stamps and medicare, while plenty of jobs out there. It's shameful and wrong.

Sugiharto

Dear Editor:
I enthusiastically support Tammy for AILA Secretary. I want to share with you some of the reasons why I have chosen to support her. --Tammy gets things done. She is energetic and fearless. Tammy possesses one of the keenest legal minds and is an excellent litigator. She has practiced immigration law for over 20 years, and has been one of the most active and effective members of the Board of Governors of AILA for the past 10 years. She is an excellent advocate. Tammy is directly responsible for a number of positive legal interpretations in the unlawful presence and grandfathering areas. She has written comments for AILA on a number of issues including BIA streamlining, attorney registration, 245(i) and employment authorization. Moreover, she has prepared a plethora of issue papers for AILA committees on issues ranging from tolling of unlawful presence in proceedings to why public schools should be exempt from the H-1B cap.--Tammy is one of the most creative individuals I have ever met. It was Tammy who conceived of the first school essay contest on the value of immigration to this country. This first essay contest generated a remarkably touching essay that found its way on to every Congressional desk and was read into the Congressional record. It was the success of this essay contest that generated support for AILA's current essay contest. --Tammy knows how to work with other organizations. She was directly responsible for the ABA's policy against continued construction of detention facilities in remote areas and the involuntary transfer of detainees. She has served as an active board member of Catholic Charities Legal Services for the past 5 years, one of two pro bono organizations assisting immigrants in South Florida. --Tammy has written a number of op-eds for newspapers and has developed important media contacts. --Tammy was the founder of AILF's Litigation Project. After attending a number of liaison meetings where INS appeared not to care what impact their actions would have on our membership, Tammy proposed that AILF establish a Litigation Project to train AILA members how to litigate and to take on affirmative issue based litigation affecting a large number of our members. --Tammy is passionate and charismatic. She brings unbridled enthusiasm to all of her endeavors and has the ability to activate our membership. It has been almost 20 years since Florida has had representation on AILA's executive committee. It's time to have Florida represented. I encourage you to vote for Tammy for AILA Secretary.

Ira Kurzban


comingsNgoings

Readers can share their professional announcements (100-words or less at no charge), email: editor@ilw.com.

New Offices
Attorneys Kenneth S. Levine and Layli Eskandari proudly announce the formation of Levine & Eskandari, LLP. The firm's offices are located at: 1050 Crown Pointe Parkway, Suite 1460, Atlanta, GA 30338. Telephone: (770) 551-2700; Fax: 70-551-2701.


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 editor@ilw.com. 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


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