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Immigration Daily


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Immigration Daily May 5, 2005
Previous Issues
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Habeas And Fantasy

While REAL ID includes many anti-immigrant provisions (harsher asylum standards, increased difficulty in drivers license issuance, etc... ) possibly the most serious of all are the restrictions against judicial review, Section 106. This section of REAL ID purports to remove habeas review as an option for immigrants facing illegal detentions and removals and overrules St. Cyr. However we believe that all judicial review is not lost, for two reasons. One, courts will still likely assert that they have jurisdiction to determine jurisdiction. Two, we believe that the Supreme Court will likely find that REAL ID violates the suspension clause and is therefore unconstitutional. Unfortunately, a good deal of future litigation lies ahead before Congress is disabused of its fantasy in suspending habeas.

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Additional FY 2005 20,000 H-1B Cap Numbers Regulation
Alan Lee, Esq. writes "One only wishes that the agency could have provided more clarity instead of subjecting all filers to an obscure and anxiety-ridden process, especially since much of the information in the regulation could have been released beforehand in the form of an agency memorandum."

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USCIS Announces New H-1B Procedures
The USCIS announced new H-1B regulations that take effect upon publication in the Federal Register and change the H-1B filing procedures for FY 2005 and for future fiscal years.

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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.

Labor Certification Advertising/Recruitment
Computerworld can continue to assist you with your Labor Certification recruitment advertising needs. Place your 2nd recruitment ad in Computerworld's IT Careers section, the #1 place for all of your IT immigration advertising. We offer prompt, courteous service and have the most competitive advertising rates, most times even lower than your market newspapers. Our staff will tend to your needs from ad layout and design to immediately sending tear sheets once the ad is published. Our deadlines are the Thursday prior to the Monday issue date. You can also rely on us to help you fulfill your additional recruitment steps for professional IT positions. We offer 30-day online job postings on that reach highly specialized IT professionals, while offering you the most competitive job posting rates. Don't delay, call us today to place your IT recruitment labor certification ad and job posting! For more information, please call 800-762-2977 or email us at

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.

Offshore Services For Law Firms
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, 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 law firm 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 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.
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Honors And Awards
David H. Nachman, Esq. has been chosen as a "Super Lawyer" according to the publishers of Magazine published in New Jersey and a survey conducted by Law & Politics. In 2004 and 2005, the first two years of the survey, 65,000 attorneys surveyed in New Jersey named names of the best lawyers in a number of specialties, based on personal experience of their work in action and not just reputation. Then after passing the muster of a blue ribbon panel of judges, final inclusion on the list puts winners in the top 5% amongst immigration lawyers field in New Jersey.


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

Dear Editor:
Responding to Ali Alexander's letter (5/4/05 ID), Japan and China are just like European countries. The natives of those countries have been living there for more than 5 centuries, while USA, Canada, Australia and New Zealand are "new world" countries that were founded by immigrants. If these immigrants felt they had the right to seek safe haven, settle and prosper in the new lands with or without approval and consent from the native people at that time, why these immigrants' descendants now feel that they have the right to limit other immigrants to enjoy and do the same things as their ancestors did. Is that fair? At 21st century and beyond, international borders will melt down and become irrelevant. Your jobs can easily be outsourced to Mexico, China or India. You can easily shop, compare, retire and seek cheaper health care services in nice and affordable countries like Thailand, Panama, Costa Rica, China etc. If we start the trade wars, others will retaliate even worse by the blessing of WTO and hurt our economy and jobs. No immigration, job outsourcing and free level playing field global competition. We can't be too greedy to have them all.

Richard Sugiharto

Dear Editor:
In response to Mr. Alexander's letter (5/04/05 ID), if the subject at issue were racial discrimination, I would not limit the critique to China or Japan. One could readily include most of the countries in the Middle East as well as the United States for the period 1888-1965. The issue is the US's integrity and fidelity to principles abandoned in the 1880's and promised again in 1965. More significant to our daily lives is the quality of the "process" provided by our government to "persons". This issue is not what the world thinks of us or what we think of the world; rather the issue is how we shall think of and treat ourselves.

James Orlow

Dear Editor:
I appreciate the articles and discussions Immigration Daily provides but you could also provide more discussion of other areas in immigration law such as asylum, NACARA, children in immigration removal proceedings etc, as there is too much daily focus on business immigration. Many non-profit attorneys read Immigration Daily and could benefit from focus on those areas.


Dear Editor:
We, the undersigned Past Presidents of AILA, join over 200 AILA officers, directors, chapter chairs and other leaders in supporting, T. Douglas Stump for the position of director. Doug has played a critical role in many of AILA’s successes over recent years and he continues to make significant contributions that are having a "real" impact on AILA’s interests with relevant agencies and the courts.

Doug Stump is an exceptionally qualified candidate and it is essential that he return to the Board of Governors so that he may assist us in these troubling times by developing new lines of communication with agencies, coordinating nationwide litigation efforts, creating new opportunities for member involvement and services, and by redefining AILA’s lobby efforts, policies, and advocacy practices.

We have witnessed him work with others to expand the role of AILA Liaison from engaging in policy discussions to now tackling impact practice issues where we can now propose and obtain specific AILA developed case resolution. We watched him push for the creation of the AILA litigation arm and develop AILA’s Litigation Conference Planning Committee while assisting in the formation of one of AILA’s first litigation training teams. He helped put together one of the first traveling "road shows" that served as a pilot for AILF’s litigation training programs today. Doug continues to serve on AILF’s Legal Action Center Project Committee and assist in efforts to coordinate impact litigation. He envisioned and formed the first AILA/AAO liaison committee and he continues to impact policy and decisions at the highest levels of the USCIS. Now, Doug wants to press for a comprehensive reform of AILA’s lobby effort. He has the ability to deliver on tough projects and he deserves your support.

We recommend Doug without reservation. He is a deep thinker with creative legal talents. We ask that you vote for Doug when the ballots go out on May 13, 2005.

Peter Williamson
Allen Kaye
Steve Ladik
Ted Ruthizer
Ron Klasko
Steve Clark
Jim Orlow
Charles Foster
Michael Weiss

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

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