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Immigration Daily August 12, 2005
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EB Visas Shutting Down

According to the September Visa Bulletin issued by the Department of State,

"The backlog reduction efforts of both Citizenship and Immigration Services, and the Department of Labor continue to result in very heavy demand for Employment-based numbers. It is anticipated that the amount of such cases will be sufficient to use all available numbers in many categories. As a result cut-off dates in the Employment Third preference category will apply to the China, India, and Philippines chargeabilities beginning in October, and it is possible that Mexico may be added to this list. In addition, it is anticipated that heavy demand will require the establishment of a Third preference cut-off date on a Worldwide basis by December. The amount of Employment demand for applicants from China and India is also likely to result in the oversubcription of the Employment First and Second preference categories for those chargeability areas. The establishment of such cut-off dates is expected to occur no later than December. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow."
This is the first official statement warning that EB numbers are headed for a long term crisis. Worldwide EB-3 numbers will be severely retrogressed from December 2005 to end of Fiscal Year 2006. Further, EB-1 and EB-2 numbers for China and India will not be current from December 2005 onwards to the end of Fiscal Year 2006. Ironically, the improved efficiency of USCIS and DOL is the cause of the looming EB visa crisis. The US employment-based immigration system will soon be closed for business. Comprehensive immigration reform which will address permanent numbers cannot come soon enough.

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


Hot Topics in Removal Cases: Effects of the REAL ID Act and More

The second phone session of the REAL ID seminar on August 18th will cover Hot Topics in Removal Cases: Effects of the REAL ID Act and More. The curriculum is as follows:

The REAL ID Act makes winning asylum and other forms of relief harder than ever. It also expands the grounds of removal based on terrorism grounds. But the news isn't all bad. This session will look at developments in removal cases, emphasizing the effects of the REAL ID Act's provisions. We will address the following issues:

  • Increased exposure to removal on terrorism grounds
  • Expanded definition of "terrorist organization"
  • Good news: New waiver for certain terrorist organizations and individuals who've endorsed, represented, or supported a terrorist organization
  • A more particular burden of proof
  • The need to corroborate facts and statements
  • Statutory standards for evaluating credibility
  • Tips and strategies for preparing asylum cases and other applications for relief
  • Tips for avoiding adverse credibility findings
  • When and how to corroborate facts and statements of clients and witnesses
  • What to do when you can't get corroborating evidence
  • Sowing seeds in the record for review on appeal
  • Effect of judicial review changes on removal defense
  • Dealing with the expanded limits on review of discretionary decisions and actions
  • Good news: Removal of annual limit on asylee adjustments and coercive population control asylum and refugee grants

The deadline to sign up is Tuesday, August 16th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Alert Prospects, Clients And Referral Sources To Your Successes
Trey Ryder writes "Everyone likes to think their lawyer is the best. A former client might hire you again -- or a referral source might send someone your way if you shared your recent experiences so they had continued confidence in your skills."


DOL Releases FAQs On Prevailing Wage Determinations
The Department of Labor released its latest frequently asked questions dated August 1, 2005 on prevailing wage determinations.


Help Wanted: Immigration Attorneys
Banta Immigration Law, one of the country's premier boutique immigration firms located in Atlanta, GA, seeks outstanding immigration attorneys for our growing practice. Position requires strong academic credentials; a minimum of two years experience in employment-based immigration; and excellent case management, communication, and writing skills. Candidates must be dedicated to providing exceptional client service, must be detail-oriented, possess superb analytical and organizational skills, and thrive in a fast-paced, high volume practice. We offer excellent pay, benefits, and growth potential, along with a great working environment. Experience with global immigration laws is a plus. Send resume and salary history to Kathy Zumbro: Please indicate position sought is for immigration attorney in subject line. No phone calls please. EOE.

Help Wanted: Immigration Paralegals
Banta Immigration Law, one of the country's premier boutique immigration firms located in Atlanta, GA, seeks outstanding immigration paralegals for our growing practice. Position requires minimum two years experience in employment-based immigration; and excellent case management, communication, and writing skills. Candidates must be dedicated to providing exceptional client service, must be detail-oriented, possess superb organizational skills, and thrive in a fast-paced, high volume practice. We offer excellent pay and benefits, along with a great working environment. Send resume and salary history to Kathy Zumbro: Indicate position sought is for immigration paralegal in subject line. No phone calls please. EOE.

Help Wanted: Immigration Attorney
AV rated Hollywood, Florida firm seeking an attorney with minimum 2 yrs experience in Immigration law (family and asylum). Must be proficient in English and Spanish (Arabic a plus). Salary commensurate with experience. Immediate opening. Email resume to or fax to 954-923-1990.

Help Wanted: Immigration Professional
The American Council on International Personnel (ACIP) is a professional organization dedicated to facilitating international movement of personnel and is headquartered in Washington, D.C. ACIP seeks a full-time program assistant to assist in the administration of our two J-1 exchange visitor programs and our legislative advocacy program. The program assistant will assist with administration of ACIP's two Exchange Visitor Programs in its Washington, D.C. office and assist the organization's Legislative Advocacy Program with immigration news releases in its weekly Alerts and Bulletins publications. Exchange Visitor Programs responsibilities include: responding to program inquiries; timely processing of program applications; document preparation; communication with program participants and US host employers; SEVIS compliance assurance; file maintenance; and miscellaneous administrative duties. Legislative Advocacy Program responsibilities include: reading immigration related news releases daily; pinpointing key issues in daily immigration news; ability to clearly and concisely convey those issues to our employer members in writing; and ability and willingness to work closely with an editor. Salary based on experience. Ideal candidate has: experience administering J visa exchange program; SEVIS knowledge; excellent communication skills; demonstrated commitment to customer service; ability to prioritize tasks, problem-solve and work independently. Strong writer desired, capable of reading numerous policy and law related news releases on a weekly basis, with ability to deduce key issues and produce quick turnaround. Familiarity with U.S. immigration law and policy is a plus. Any federal government, U.S. House or Senate background also a plus. Must be a USC or legal permanent resident to act as ARO (alternate responsible officer) for SEVIS program. Email resume in MS Word format, cover letter + salary req. to Darra Klein: by August 26, 2005. No phone calls please.

Help Wanted: Immigration Paralegal
Morley Surin & Griffin, an immigration law firm based in Philadelphia, PA seeks intelligent, hard-working experienced immigration paralegal for full-time position. At least 1-2 years experience required in all aspects of immigration law (business, family, court removal proceedings). Bilingual ability preferred but not required. Benefits (100% employee health insurance, employer-matching 401(k), etc.), vacation, personal days, etc. Salary commensurate with experience. Family-friendly and collegial atmosphere. Send resume to Elizabeth

Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with family based, naturalization and other applications a plus. Bi-lingual Spanish/English also a plus. Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Email resume & cover letter in MS Word format to :

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


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

Office Move
The Office of the Clerk, Board of Immigration Appeals is moving to a new location as of August 29, 2005. The Clerk's Office currently is at 5201 Leesburg Pike, Suite 1300, and is moving to a different building in the same complex. Our new address for courier, overnight delivery, or in-person is: 5107 Leesburg Pike, Suite 2000, Falls Church, VA 22041. The mailing address and phone number remain the same. Board of Immigration Appeals, Office of the Clerk, Post Office Box 8530, Falls Church, Va 22041. (703) 605-1007. Public window hours: 8:00 a.m. - 4:30 p.m.


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
The only way we will get immigration reform is to make your voices heard (8/11/05 ID comment). The anti-immigrant voices are being heard loud and clear, and we must make sure that the voices of the majority of Americans who support fair and comprehensive immigration reform are heard even more. This includes employers, churches, community groups, and individuals. So, just don't read this and nod your head. Call your congressmen! Call your senators! Call your clients and tell them to call them! Tell your neighbor, tell your friends, tell the newspapers those stories of those hard working, taxpaying clients of yours who haven't seen their families in so many years because of a broken system. Tell them all to notice if they can even get through their day without coming into contact with an immigrant, a product produced by an immigrant, a service provided by an immigrant, a product bought by an immigrant. Remind them that the majority of those preparing the beef for all our fast food chains and steak bbqs are undocumented and that we are all the same -- just looking to provide for our families and our future. And most of all, remind them that most (if not all) of them are immigrants and would not be here today if the laws that exist today existed when their families came over. Get involved to make sure Congress hears what all the American people want, not just a small, vocal minority. Get the real facts in front of them. The time is now.

Shirley Sadjadi, Esq.
Elgin, IL

Dear Editor:
Thank you for the "heads up" on the pending immigration legislation (8/11/2005 ID). If we immigration practitioners thought we knew it all about immigration law and procedure, we can now be assured that both experienced lawyers and novices alike are in for some rolickin' good times. What to expect? the only certainty is that we can be certain it will be an ill-conceived mess, concocted by politicians who are ignorant of, and insensitive to, the procedural problems of our immigration system, or who are out for political gain with their conservative constituency, or who are determined to give voice to deep-seated prejudices against people who are different than they. Those of us immigration lawyers who have lived through and tried to adapt our law practices to IRCA in 1986, including its problematic, system clogging, utterly failed Amnesty Program. We who have survived IMMACT '90 in 1990, and those of us who have faced the daunting challenge of practicing immigration law after the IIRIRA of 1996, have come to fully appreciate the past immigration related follies and foibles of the legislature. Once again we can expect the legislature to foist upon us, our clients, and USCIS, an unworkable program, this time justified under the guise of "protecting homeland security" and "reinforcing our borders". All we immigration practitioners, our clients and USCIS can do is to hide and wait . . . for the inevitable, and hope this new legislation will not once again clog the system, backlog processing times, and further restrict prompt and expeditious legal immigration to the US, especially in the areas of urgently needed professionals, executives and managers, humanitarian refugees and political asylees, and immediate relatives of US citizens and permanent residents, who seek entry to the US to be reunited with their families.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
What this country needs, is a comprehensive immigration bill that guarantees the following (8/11/05 ID comment): (1) acceptance of any foreigner, who is not a security/national threat to the country, and has satisfied the Legal Immigration entry requirements; (2) grant residence status to those who have satisfied the above requirements: Displayed respect for our national constitution & local laws: And have not committed any felonious act/s while in residence here; (3) grant Legal Residence Status to those who have overstayed their visas, and are unable to return to their homeland, for fear of reprisals, retribution, and/or financial inability to re-enter the USA; (4) seeking asylum for political, religious, or racial/ethnic reasons, should be considered eligible for legal residence status (5) any person/s who have tested HIV positive while living in the USA: Have entered the country legally: Have been residing here for over one year prior to being tested HIV positive, should be granted legal residence status, on humanitarian grounds; (6) ensuring that our national borders are adequately policed: Persons entering or leaving our sovereign territories, must provide the necessary legal papers or identity: (7)all immigrants, legal or illegal must be allowed to access medical/emergency assistance from any hospital or clinic in The USA, without being asked for his/her legal residence status documents.

Derryck S. Griffith

Dear Editor:
I believe there should be a major immigration reform bill passed by Congress and Presidential campagns (8/11/05 ID comment). I myself would like Congress to dismantle the 1996 law of IIRIRA which prohibits aliens who falsely claim U.S Citizen just one time and who no other felonies to be able to be readmissable to re-enter the U.S. without being punished so harshfully. There are so many people who make that mistake once and are barred for life which is wrong. I raise my hand up high to change that law so I can change many aliens lifes today. I'm for giving hard working illegal immigrants more options to have a visa or legal documents and I'm against those smugglers and terrorist who commit felonies yearly.


Dear Editor:
Please share with me which bills Immigration Daily thinks are likely to be passed (8/11/05 ID comment)? I'm interested in the enforcement provisions that are most likely to succeed.

Elaine Veatch Morley, Esq. Lookout Services Inc.
Houston, TX

Dear Editor:
Oh, if it's not for the Drudge Report, the Washington Times, and Fox News, none of these immigrant advocate publications like Immigration Daily will ever show you stories like the recent story in the Washington Times showing how easily an illegal can obtain anything in this society with a forged birth certificate and even get a job as a Border Patrol agent.

Mike D.

Dear Editor:
According to the DOS's current visa bulletin, a wife of legal permanent resident (LPR) has to wait for four years for the availability of immigrant visa number. She has to wait for four years to go to the US to join her husband. And, thus she has to be separated from her husband for four years. But, a wife of H1B visa holder does not have to be separated from her husband even for a single day. The wife of H1B visa holder is issued visa instantly by the US Consulate allowing her to enter the US and stay with her husband. All of us know that the H1B visa is an entrance to get green card, and most of H1B visa holders are issued green card ultimately. Separation from her husband in case of wife of LPR for the period of four years is not fair and just when comparing with the privilege that the wife of H1B visa holder is getting. In view of the sufferings that the wife of LPR has been bearing, it is high time that an arrangement should be made to issue her visa instantly to enter the US to join her husband. It is understood that after entering the US she will have to wait for being issued green card until her immigration visa number is available.

S. Salike

Dear Editor:
Sebastian's letter (8/11/05 ID) asks about the causal link between less "diverse" births, lack of "assimilation", and the potential damage done to the nation. That causal link in a word is poverty. The link between poor socioeconomic circumstances, school performance, and mobility is well-documented. In fact, it is at the heart of many of our social programs such as Head Start. Parents who have poor educations and poor earning power themselves, as many immigrants these days do, tend to have children who have a much harder time in school, and afterwards. This is not to say the children of all such parents will, but more so than the children of parents from higher socioeconomic status. Less "diverse" births and lack of assimilation are related: they operate to limit one's exposure to the English language and the weak social ties that are instrumental in getting an education, getting jobs and building a career in the wider "dominant" society. There is an extensive literature on the latter. Poverty breeds discontent and political instability, as we have seen in the very nations sending us immigrants and refugees. Already we have seen the rise of gang violence and the assimilation of immigrant youth to this subculture, according to Princeton sociologist Alejandro Portes. Finally, let us suppose that one ethnic group maintains its culture, including its language, religion, and customs, and becomes sufficiently large through births in the U.S. What might happen if its interests, its customs and values conflict with the dominant culture? Can one say "Lebanon"?

Ali Alexander

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