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Immigration Daily

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Immigration Daily May 26, 2005
Previous Issues
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Various Items

Today's Immigration Daily issue offers a medley of items, including: a reinstatement of removal Featured Article, a 9th circuit case, 8 classifieds, a comingsNgoings announcement, and 2 letters to the Editor - including an op-ed on 13 false premises of PERM. See below to find the item(s) of interest to you.

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


New Issues For Doctors, Nurses, Etc.

The curriculum for "New Issues For Doctors, Nurses, Etc." is as follows:

FIRST Phone Session on June 2: Doctor's Issues

  • Physicians - Update for 2005: Conrad 30 flexibility slots, Specialists in Federal and Conrad 30 programs, H-1B Cap issues in waiver cases, AC21 Yates memo and the impact on physician cases, Transferring during the three year period - no longer a slam dunk.
  • The Grey Areas: National interest waivers (when does the clock start, specialists v. primary care, will the J-1 letter suffice, etc.), The cap exemption (is it doctor-specific or position-specific; strategies for H-1B residents and fellows seeking employment with non-exempt employers), Can the J-1 three year service requirement be met in visa categories other than an H-1B?, VA Hospital waivers (does 5/8 time count as full-time work?; can transfers between VA hospitals and HPSA facilities work?)
  • Alternative visa categories for doctors - (Es, Os, TNs, etc.)

SECOND Phone Session on July 21: Nurses

  • EB-3 Retrogression: Impact of 50,000 additional numbers, Mechanics of implementing the new law
  • Immigration Reform proposals: The H-5A non-immigrant visa, Additional borrowing from unused EB-3 numbers, Doubling of EB numbers
  • Alternative visa strategies for nurses: H-1C, H-1B, TN, Fs and Js, H-3s
THIRD Phone Session on August 11: Other Health Care Professionals/The VisaScreen Process
  • Beyond nurses and doctors: Pharmacists, Dentists, and Chiropractors, PTs, OTs, and other therapists, Medical technologists
  • The VisaScreen Process: A primer on the IIRAIRA requirements, The new VisaScreen regs, Who can issue certificates and how to get certified, Practical tips
The deadline to sign up Tuesday, May 31st. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Reinstatement Of Removal
Cyrus Mehta and Lin Walker write "Reinstatement of removal is applied to noncitizens who reenter the United States illegally after having been removed under an order of deportation and makes such individuals ineligible for all forms of discretionary relief, including adjustment of status, under the INA."

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:


IJ's Reliance On His Stereotypical Assumptions Results In Remand
In Lopez-Umanzor v. Gonzales, No. 03-72014 (9th Cir. May 6, 2005), the court granted the petition for review and remand for a new hearing because the IJ refused to allow Petitioner to present relevant expert testimony that bore on Petitioner's credibility, relying instead on his own stereotypical assumptions about domestic violence.

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Help Wanted: Immigration Attorneys
The Law Office of Robert L. Lewis, Immigrant Defense Group is accepting applications for immigration attys (entry and experienced). We excel at deportation defense, including asylum, international human rights defenses, discretionary relief, naturalization and family-based immigration. Successful candidate should expect frequent client contact and court appearances; drafting of client narrative declarations, research news and NGO reports to corroborate claims. Must be admitted to a State Bar, have some training or experience in immigration law, good writing skills, strong computer skills, and be highly organized. Spanish or Portuguese fluency a strong plus. First year salary $65 - $85K, depending on training, language skills and immigration experience. Standard health insurance and vacation benefits, plus fee sharing and bonuses. Sunny, high-tech office in historic landmark building at Oakland City Center, 15 minute BART ride to downtown SF/local immigration courts. Submit resume + cover letter to All inquiries treated in absolute confidence. State language skills and immigration experience, if any, with specificity in your cover letter. Please, no calls.

Help Wanted: Immigration Attorney
Position available with Pederson Immigration Group, P.C., an established top boutique firm with national and international client base in Washington, DC. Unique positions for the right persons who can initiate independent action when necessary, can exercise sound judgment and assume responsibility. This is an exciting opportunity to be part of a great team handling sophisticated and challenging immigration matters. Opportunity to travel to consular posts. Experience with H-1B petitions, labor certifications, J-1 physician waivers and consular processing preferred. 3-5 years experience in the immigration field and computer literacy required. Friendly place to work. Excellent compensation package. If interested please forward in confidence your resume, references and compensation history to Jan Pederson at:

Help Wanted: Immigration Attorneys
Laner Muchin in Chicago, IL, one of the nation's oldest labor law firms has potential openings for experienced immigration attorneys in the near future. Laner Muchin successfully recruits quality candidates on a national basis. Laner Muchin provides opportunities to handle challenging responsibilities and exciting projects; we have highly competitive salaries and benefits; we have an informal unpretentious office atmosphere; and we can demonstrate an excellent record of elevating associates to partnership. These positions require excellent academic credentials, 2-4 years substantial experience in all aspects of employment-based immigration and strong case management, communication and writing skills. The ideal candidate must be client-service focused and able to thrive in a challenging and fast-paced environment of congeniality and respect. For consideration, please e-mail cover letter and resume to We are an affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Help Wanted: Immigration Paralegals
Laner Muchin in Chicago, IL, one of the nation's oldest labor law firms has potential openings for full-time immigration paralegals in the near future. As part of our philosophy of providing cost effective counsel, whenever legal tasks can be done by a paralegal, the client benefits. Our paralegals have the opportunity to contribute to a growing immigration practice and do challenging work. The ideal candidates must have at least one year of substantial experience in employment-based immigration, be highly motivated, detailed-oriented and have outstanding communication, case management, computer and people skills. College degree preferred. Spanish and/or other foreign language a plus. Competitive compensation package and excellent benefits offered. Please e-mail cover letter and resume to We are an affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Help Wanted: Immigration Paralegal
Midtown NYC law firm seeking experienced paralegal with 1-2 years of business immigration. Experience in all NIV and IV cases and labor certification desired. Please send resume by email at: or fax resume to (212) 935-7892, Attention: Immigration Department.

Help Wanted: Immigration Attorney
Reeves and Associates, PLC (R&A), the largest and oldest full-service immigration firm in California with global offices, seeks a managing attorney for its expanding San Francisco office. The position requires excellent case management, communication and writing skills, with 5 years of well-rounded experience in immigration law including business, family, appeals, deportation and litigation. California bar membership is required. R&A offers excellent salary and benefits including health, dental, vision, long term disability, CLE expenses, retirement plan, plus commissions and a yearly bonus. R&A has an experienced support staff, state of the art technology and unsurpassed growth and learning potential, all in a friendly environment. This is an exceptional opportunity with partnership track possible. Please email your cover letter, resume, and salary history to or fax to (626) 795-4999.

Help Wanted: Immigration Paralegal
Join a team that works hard in a relaxing, collegial atmosphere. Employment-based firm with Fortune 500 clients seeks a full-time paralegal for its Phoenix, AZ office. Must have at least one year employment immigration experience, be highly motivated, detailed-oriented and have outstanding communication, technology and people skills. College degree preferred. Excellent salary and benefits including health, dental, vision, long and short term disability and retirement benefits. Arizona offers year-round hiking, camping, boating, professional sports and the Grand Canyon! Email cover letter with resume and salary requirements to Theresa Talbert at

Offshore Legal Services
We offer a wide range of back-office & clerical support services to immigration attorneys in NIV and IVs, including managing checklists, form completion, drafting cover/employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. Our services cover document generation, data entry, accounts, scheduling/calendering, clerical & archival. Quantum Technologies, Inc. is a sister company to Adnet Advertising Agency, the worldwide leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms enabling them to cost effectively and securely outsource law firm back office 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 a virtual extension of your office providing 24 x 7 support and significant cost savings. Convenient billing options are 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 can share their professional announcements (100-words or less at no charge), email:

New Hires
The Law Office of Randall Caudle, in San Francisco, CA, is happy to announce the addition of new Immigration Legal Assistant Sabrina Fletcher and new Immigration Law Clerk Amy Delaney. Ms. Fletcher has previously interned at both a U.S. Senator's office in Washington State and a U.S. Congressional Representative's office in Washington, DC. Ms. Delaney is currently a law student at New York Law School and has International Political Science and Anthropology Degrees from SUNY at Binghamton. Both will contribute immensely to helping our clients with all of their immigration issues.


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

Dear Editor:
The average age of the immigrant presented by Mr. Camarota in his study of the impact of immigration on social security (5/25/05 ID) is misleading. He needed to factor in that the system is so inefficient and backlogged that sometimes people are waitlisted to immigrate for decades. The "official" 39 year old immigrant may have actually intended to immigrate when the application was submitted, perhaps at age 25 or 29. Consequently, an increase in the numbers and a reduction in the queues are necessary to unleash all the future potential benefits of immigration to social security.

Washington, DC

Dear Editor:
Logically, if the premises are wrong, the conclusion must be wrong. Here are 13 PERM false premises: (1) American workers are displaced by "foreign workers" - DOL opted for its old "taking job from Americans, " policy rather than the enlightened, new jobs, for new Americans = more jobs for all Americans. (2) When employees hire an attorney, it creates a presumption of fraud. Instead of suggesting, "consult an attorney before filing this form", as is done on the patent and trademark electronic filing, DOL created a presumption of fraud symbolic of the anti-attorney mindset. (3) PERM will revolutionize Labor Certs by ridding the duplicative efforts of State DOLS. In practice, SWAs are a bottleneck via the mysterious prevailing wage and Job order process. (4) Occupations on the professionals list have been educationally downgraded. While the business world favors graduate degrees, DOL "dumbs down" requirements. (5) The Appendix is an exhaustive list of professional positions. Although the more daunting recruiting requirements are an odd interpretation of "equal protection", the real sleeper for PERM is whether the non-professionals jobs will still receive third preference categorization, since after all, if no degree is required, it is not a third preference. (6) The states will provide prevailing wage and Job order information. Many states still do not have forms or Job Order info ready. (7) Employers should file to prevent fraud. The antidote to fraud is in the vetting of attorneys & the supervision of the Bar's Disciplinary Committee, and in DOL's grasp of real world business as a context for regulations. The locus of legal complexity is now placed on employers. The more burdensome the regulations, the less likely PERM can be followed by employers. Fewer Labor Certs filed may be one result. Perhaps this is what DOL wants. (8) PERM will be easier. For whom? Many employers will be unwilling to file for any but the most essential workers. The complexity blocks the no-less-deserving low-skilled workers from ever getting legal. (9) We couldn't figure out a way for attorneys to file. Actually, its as simple as the LCA electronic filing. Two checks: an attorney state bar number and the employer FEIN. (10) All employers have the internet: Well most do. If they do not, theoretically, restaurants could file by mail. (11) The four level prevailing wage system will work. The data gathering of the OES skews the averages to the upper levels, since these are the companies approached, and with time to respond to OES inquiries. DOL clings to the notion that the independent exercise of judgment creates level III and IV workers. Its being able to work independently that keeps workers from being fired. (12) American employers want minimally qualified persons, rather than the most qualified. Minimum requirements assumes that Americans cannot compete in the labor market with American hopefuls. See items (1), (3), (4). (13) PERM: Grin and bear it? Attorneys will of course learn to use PERM, and must articulate its inconsistencies and challenge its false premises in every quarter.

Silence Doesnogood

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