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Immigration Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily May 2, 2005
Previous Issues
The unmatched news resource for legal professionals. Free! Join 15,000+ readers


Thank You For 5 Years

Today's issue celebrates the completion of Immigration Daily's fifth continuous year of publication. We thank our 15,500+ readers - your feedback and support have made it possible for us to come this far.

On this 5th anniversary, we are pleased to announce two new items from ILW.COM:

  • PQ: The PERM Quarterly, a print periodical devoted exclusively to PERM issues. Each quarter brings you the latest news and strategies on PERM. To learn more, see here.
  • Solving Today's PERM Puzzle, ILW.COM's latest seminar, provides a practical hands-on approach to understanding labor certification under PERM, discussion led by H. Ronald Klasko. For more info., see here.
With your continued feedback and support, we are confident that bigger milestones lie ahead.

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


Ron Klasko On PERM

Ron Klasko (who needs no introduction) will present a 3-part telephonic seminar on PERM in May. The curriculum is as follows:

In addition to the specific items below, each session will discuss:

  • Panelists' experience with PERM (successes, problems, timing, conversions, logistical/technological issues, what's being audited, audit experiences, differences between Atlanta and Chicago).
  • Panelists' experiences with Backlog Processing Centers (timing, substantive issues, differences between Texas and Pennsylvania).
  • New guidance from ETA.
  • Experience with SWAs re: prevailing wages.

FIRST Phone Session on May 19:

Refiling Issues

  • "Identical" conversions.
  • Issues to consider: quotas, new prevailing wage, new SVP, impact on seventh year extensions of H-1Bs, age out children, other personal issues
Developing the Case Strategy
  • Chronology of case steps
  • Timing issues from beginning to filing
Completing the forms
  • Registration issues
  • How to avoid rejection
  • Answering Specific Questions

SECOND Phone Session on June 16:

Prevailing wages

  • Strategies for getting lower level wage
  • Use of private surveys
  • Role of advocacy
  • Appeals
Job Requirements
  • Avoiding alternative occupations
  • Avoiding special requirements
  • O*Net/SVP advanced issues
  • What is "normal"?
Audit Proofing the Application
  • What cases get audited?
  • Strategies for avoiding audits

THIRD Phone Session on July 14:

Recruitment Issues

  • Deciding if "professional" recruitment is necessary
  • Choosing the best recruitment plan
  • Issues in each of the optional recruitment categories
  • Technical compliance sufficient?
Recruitment Reports
  • Issues in disqualifying applicants
  • Applying combination of education, training and experience standard
  • Format and timing of the report
Issues for small and closely-held businesses
  • Special requirements
  • Strategies for presenting case
The deadline to sign up Tuesday, May 17th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


The "REAL ID" Act: A Real Nightmare For Department Of Defense
Margaret Stock writes "This bill which sets new rules for state motor vehicle departments (DMVs) promises to be a more of a nightmare for Department of Defense than a deterrent to any terrorists.

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:


Employer Owes $20,000+ Back Wages In LCA Matter
In the Matter of Administrator, Wage and Hour Division, v. Archt Design Corp. No. 2004-LCA-27 (OALJ, Apr. 11, 2005), the Office of Administrative Law Judges said that Employer was obligated to pay back wages in the total amount of $21, 740.48 to Employee.

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Help Wanted: Immigration Paralegal
Lane Powell PC, a general business and litigation firm with 170+ lawyers in five offices, seeks a highly motivated, detail-oriented individual for immigration paralegal position in its Seattle office, focusing on business immigration. Strong organizational, writing & interpersonal skills and 3 years business immigration experience are required. Experience with INSZoom is a plus. Excellent work environment, competitive salary and benefits. Send resume, salary requirements, & references to Carol Van Buren at No calls please.

J-1 Training Visa Sponsor
Discover the ease and flexibility of the J-1 training visa with Aiesec United States. At Aiesec, we provide an unparalleled commitment to customer service, offering 24 to 48 hour turnaround on approved J-1 training visa applications, free consultation on potential training programs and a wealth of information about J-1 training visa regulations. We also offer logistical and cultural reception services in several locations across the country. Our J-1 training visa can be used for individuals to participate in training programs in the following fields: Information Media and Communications, Education, Social Sciences, Library Science, Counseling and Social Services, Management, Business, Commerce and Finance, The Sciences, Engineering, Architecture, Mathematics and Industrial Occupations, Public Administration and Law. You can learn more about Aiesec and the J-1 training visa at or by calling Jim Kelly at (212) 757-3774 ext.222.

Help Wanted: Immigration Paralegal
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (80+ attorneys), seeks an Immigration paralegal/legal assistant to work as part of its Immigration, Nationality & Consular Practice Group team. 2+ years of experience is desired in: employment-based IV (including EB-1, EB-2, EB-3), NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. College degree or paralegal certificate preferred. Significant work experience considered in place of formal education. Ideal candidate possesses superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. We offer an excellent salary/benefits package. If you enjoy challenging work with direct client contact and are equally passionate about the field of Immigration Law, we want to hear from you. Send resume and salary requirements in confidence to Ms. Maura Bowen, Human Resources Manager, Fax: (301) 230-2891 or e-mail:

Credential Evaluation And Translation Service
Are you getting RFE's when you use 'other' credential evaluation companies? With a 99.9% approval rate, American Evaluation and Translation Service, Inc. (AETS) provides 'expert opinion' position evaluations and work experience evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS evaluations are consistently accepted by the USCIS because evaluations are completed by PhD professors from four different universities with expertise in most major academic fields. AETS provides the most competitive industry rates - $50 educational evaluations and $200 position and work experience evaluations. AETS offers a variety of turn-around times, including same-day educational, position and work experience evaluations. For a complete list of prices and turn-around times, see: AETS provides certified translations in 100+ languages, with translators in 80+ fields. For a copy of the application for credential evaluation and translation services, contact AETS at (786) 276-8190, visit, email or simply fax the documents to (786) 524-0448 or (786) 524-3300.

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

Submit Your Announcement
comingsNgoings was launched last year. So far, we have received announcements for the following: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. If you have a professional announcement (not limited to the above), that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


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

Dear Editor:
If according to Liz Saado's letter (4/28/05 ID) which states that she had been living here for 20 years, then she would have been eligible for a green card during the amnesty offered in 1986. Why not apply? That was a full fledged give away of green cards, not a guest worker program that would require people to return to their home country (like that will really happen) at the end of their allotted time. The point conveyed in Mike's letter (4/21/05 ID), I believe, is not that immigrants aren't welcome but that illegal aliens should not be allowed to waltz across the border whenever and where ever they want. If the government won't follow the law and put forth the effort to stop the infiltration, then the people who are being harmed (anyone see the news program last week about the sale of social security numbers to illegals?) then the people themselves will have to step up and do it.


Dear Editor:
I am of widely mixed response to Mark Levin's "article" (4/27/05 ID). Freedom of speech needs to be exercised or it may die, and as much as I see this "article" as wholly inimical to the good and welfare of the United States, Mr. Levin's right to be seen publicly is to be defended. ILW.COM ought also be commended for publishing this attack on immigrants and immigration so that the attack can be seen for the self-interested pseudo-scholarship on which it rests. Full analysis of the technical errors in the article will have to await another day. However, several points are so erroneous that initial comment need not be delayed. The Constitution addresses naturalization; immigration is regulated by the Congress under other authority. There is neither a rule nor policy that the laws for immigration need be "uniform". For many years the immigration laws were explicitly racist, preferring immigrants from western Europe and barring others, most specifically Asians. The clamor on the Right, or at least the Far Right reflects a cyclical reaction recurrent in American history of alien bashing, vis the Alien and Seditions Laws of 1798, the Chinese Exclusion Act,the Palmer Raids of the 1920's, and our current endeavors in IMMACT "90 and IIRAIRA. None were intended to benefit the United States; all were devised to enhance the future of the Congressional party which enacted them. These actions were and are applauded by others whose version of the common good is more like "I have mine and you (aliens) can't have it". This ignores the successive waves of enrichment that each generation of immigration created. The exceptions were the suppression of the Native Americans and the suppression of those brought in slavery who did not participate in that immigrant experience which the rest of us shared. Mr. Levin says nothing about these two groups. He does contest that aliens are "persons" although many of our fundamental rights are guaranteed to "persons" and not restricted to citizens.Prior to the Civil War certain Americans held the same view of slaves and ex-slaves.In sum, one must wonder whose interest he really favors and what the next step would be if aliens are not persons. Finally, attacking the Courts and Judges is "cheap shot". We as lawyers ought to be defending the judiciary since their independence is the one guarantee that anyone, even Mr. Levin, can speak publicly on any subject, even if he is dead wrong.

James Orlow

Dear Editor:
Mike's letter (4/21/2005) is just another show of the xenophobia that still lingers in the U.S. His letter appears to indicate that the border vigilante movement will grow to great proportions and stop immigration. What his letter forgets though is the fact that it doesn't matter if you have 14,000 people signing up, or 20,000 or 50,000; the only way these border vigilante will be able to stop legal immigration will be by violating constitutional rights. His letter also forgets that historically the United States has been a country of immigrants, and past efforts to eradicate the Irish immigration, or the Chinese immigration (with the Chinese exclusion cases), or even Native Americans have not worked. How will this work now? Don't get me wrong, I am also against illegal immigration, however the border vigilantes are not concerned on whether someone is legal or illegal, they are just against any kind of immigration. I know this by his comment about destroying any possibilities of Bush's guest worker program. Is his letter trying to say that the border vigilantes will try to just close the borders to any immigration?


Dear Editor:
It appears the Real ID Act will soon become law preventing illegal aliens from being rewarded with a drivers license by avoiding capture. This is a small step towards ridding the US of an insidious disease called illegal immigration which will soon be the bane of us all if not stopped.

O. Sanchez

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