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Immigration Daily

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Immigration Daily May 4, 2005
Previous Issues
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H1B Update

Immigration Daily has learned that the interim regulation implementing the 20,000 H-1B numbers for fiscal 2005 will only allow graduates of U.S. master's or higher programs to be eligible. The interim regulations are expected to be published on May 5, 2005, but filings will not be accepted for another five business days.

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


Angela M. Bean, Tammy Fox-Isicoff, Romulo E. Guevara

Angela M. Bean, Tammy Fox-Isicoff, and Romulo E. Guevara will be speakers at the "Current Topics In Family Immigration" seminar on May 12th. Larry Johnson will lead the discussion. The deadline to register is Tuesday, May 10th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Diversity And Transformation: African Americans And African Immigration To The US
Salih Omar Eissa for the Immigration Policy Center writes "A series of post-1965 immigration policy shifts opened the doors to a steady increase in African immigration in the latter part of 20th century."

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Mere Transfer Of Visa Insufficient To Demonstrate H-1B Visa Worker Works For Another Employer
In the Matter of Administrator, Wage and Hour Division, v. Pegasus Consulting Group, Inc, No. 2004-LCA-0021 (OALJ, Mar. 10, 2005), the Office of Administrative Judges said that the mere transfer of a visa was insufficient to demonstrate that the H-1B visa worker was working for another employer under an H-1B petition, transferred or otherwise, as required by the regulations and placed weight upon the fact that the Employer did not notify INS that it had terminated its employee relationship with the H alien in May 1999.

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Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 5+ yrs. of experience with business immigration applications, nonimmigrant and immigrant. Experienced with other application types (family, naturalization, etc.. is a plus). Ideal candidate must have BA degree, excellent organizational, case management and computer skills. Must have excellent English and Spanish verbal and written skills. Should have fully developed paralegal skills in this area including ability and desire to serve as a resource/trainer to junior paralegals. Working hrs 9-6pm or 9:30-6:30pm with 1 hr. lunch and overtime as needed. Competitive compensation package offered. Email cover letter + resume to Marcia Needleman:

Help Wanted: Immigration Attorney
Am Law 200 firm headquartered in Chicago has an immediate opportunity in our dynamic business immigration practice in our Chicago office. The position requires excellent academic credentials, 2-4 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience working with medical organizations, managing legal staff and proficiency with IRIS Pro technology a plus. Competitive salary, excellent benefits and a professional, collegial workplace environment offered. Vedder Price is an EOE and we strongly support diversity in the workplace. For consideration, submit cover letter, resume, and transcript to Eileen Neis, Legal Recruitment Administrator by email: or mail: Vedder, Price, Kaufman & Kammholz, P.C., 222 N. LaSalle, Chicago, IL 60601.

Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity in our dynamic team in the Law and Corporate Affairs Department in Redmond, Washington. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your resume in Word format to Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.

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.

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

Dear Editor:
Thank you for providing Catholic Legal Immigration Network's manual on representing victims of human trafficking (5/3/05 ID). It looks to be thorough and useful.

John Gfoeller, Esq.

Dear Editor:
This letter is in response to LL's letter (5/02/05 ID). When I first responded (4/28/05 ID) to Mike's letter (4/21/05 ID), I was not clear on my issue. I did not need to file for amnesty because I already had a petition through my father but then CIS lost my papers, and later told me that somehow it went to the "dead file" in Nebraska. Is this my fault? Since then I have refiled because my entire family are citizens and we are in the year 2005 and as of 5/1/2005 they are giving greencards to people who filed in 1998. It's been a long time. You don't know my situation or others like me. I would never buy a social security and I am waiting to go to school and be a nurse. My point was that CIS takes too long to process cases so in the meantime it would be nice to have a job and be able to drive. It is very expensive to hire a lawyer to fix a mistake the CIS has made. So please dont make any mean comments such as how to file for amnesty and things like that. My daily life is, waiting and waiting for my case. In no way is that fair.


Dear Editor:
I can't help but wonder where Mr. Orlow letter's outrage (5/02/05 ID) is at the discrimination countries such as China and Japan practiced against foreigners at the time of these acts, and continue to practice to the present day. Why is it that the US is expected to throw open its doors to the world, but that the very countries which most benefit from our doing so do not seem to feel the need to do the same. And that people such as Mr. Orlow don't expect them to.

Ali Alexander

Dear Editor:
I appreciate Immigration Daily's PERM input (4/28/05 ID comment), but there is more to immigration law than just PERM.

Eugene Stilianopoulos
Windermere, FL

Dear Editor:
Below please find a response from the Philadelphia Backlog Processing Center to my recent inquiry as to one of my cases that had been transferred from New York Regional Office. Thought it might be interesting. [At this time, we are unable to provide any status information on Permanent Labor Certifications. All Philadelphia Processing Center files are being transferred to a new system. Once the data entry process is completed, 45-day letters will be issued on all applications providing a new case ID # as well as requesting additional information from the employer. Please do not request any additional status information for at least 90 days after responding to the 45-day letter. To obtain general information regarding processing times, please visit the following internet website To obtain general information regarding PERM System, please visit the following internet website:]


Dear Editor:
The Congress has reached a compromise on the Real ID Act which will make it more difficult for illegal aliens to obtain a driver's license and disappear into the mainstream. It is about time.


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