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Immigration Daily August 15, 2005
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H-1B Crisis, Who's To Blame

Today's USCIS announcement that the H-1B FY 2006 cap has been reached comes fast on the heels of the DOS's bleak EB visa forecast (see comment 8/12/05 ID). With employment-based options disappearing quicker than you can blink an eye, immigration law firms are essentially closed for any new business. Unfortunately, employers across the country are the hardest hit with no available legal options for hiring help. How did it come to this? Clearly, pro-immigration advocates have been unable to shape an effective post 9/11 pro-immigration message which resonates with America. This has allowed the anti-immigrationists to control the content and style of the immigration debate, translating into significant influence by the anti-immigrationists on the immigration agenda before Congress. Pro-immigration advocates realize that another H-1B battle cannot be won and have bet the farm on a comprehensive immigration package. They hope that this all-in-one immigration bill will solve all our immigration ills (including the H-1B cap) in one fell swoop. While we agree with the pro-immigrationists that comprehensive immigration reform is very likely over the next six months, immigration law firms will have to hang in there for a very rough time until Congress acts on this burning issue.

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


PERM: An Up To The Minute Course

ILW.COM is please to announce "PERM: An Up To The Minute Course", a 3-part telephonic seminar on the latest developments in PERM. The curriculum is as follows:

FIRST Phone Session on Aug 25: Backlog Update; Recent changes in PERM: regulations, memos, FAQ's; Comparative practice update nationwide perspective; Problems with electronic filing; Review of Practice tools; Attorney/Agent/Preparer Issues

SECOND Phone Session on Sep 22: DOT/SOC Issues; Prevailing Wage; Minimum/Special/Restrictive Requirements; Specificity in Ads, Notice, Posting, Job Orders; Form 9089: Special Problems/Inconsistencies; Drafting PERM for 1st, 2nd & 3rd Preference Categories

THIRD Phone Session on Oct 13: Professionals: Additional recruitment requirements; Recruitment Procedures: Resumes, Interviews, Results; Issues likely to result in Audits; Supervised Recruitment/Denials/Refiling; Nuances from Balca; Review of Civil and Criminal Labor Certification Cases

The deadline to sign up is Tuesday, August 23rd. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


A Conservative Case For Immigration Reform
Tamar Jacoby presented this testimony before the US Senate Committee on the Judiciary on July 26, 2005.


FY 2006 H-1B Cap Reached
USCIS announced that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2006. USCIS has determined that the "final receipt date" is August 10, 2005.


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 :

Offshore Services For Law Firms
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.


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

New Offices
Oliver J. Langstadt and Clemens W. Pauly are proud to announce the formation of Langstadt Pauly Chartered, Attorneys. The firm provides representation in all areas of immigration law. The firm is well positioned to provide representation in complex cases as the attorneys have a combined 23 years of immigration experience. The firm's address is as follows: Langstadt Pauly Chartered, 815 Ponce de Leon Blvd., Coral Gables, FL 33134. Tel: 305-648-3909. Fax:305-648-3910.


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:
Ali Alexander's letter (8/12/05 ID) references "Princeton Sociologist Alejandro Portes". I did a Google search on that phrase and found that, indeed, Alejandro Portes, a Cuban immigrant, is in fact a premier sociologist at Princeton University, who is reputed to have "shaped the study of immigration and urbanization for 30 years". In fact, according to what I found on the Internet, Professor Portes is presently the Chair of the Department of Sociology at Princeton University, as well as the co-founder and director of Princeton's Center for Migration and Development. He has spent his career tracking the lives of different immigrant nationalities in the United States, chronicling "the causes and consequences of immigration to the United States, with an emphasis on informal economies, transnational communities, and ethnic enclaves." I found that in 1979, Professor Portes joined the faculty at Duke University as a full professor, continuing the analysis of immigration and social integration, combining an interest in urbanization and development in the Third World. He spent a year in Brazil as a program advisor for the Ford Foundation, conducting a study on housing policy in the urban slums of Rio de Janeiro. He served as a fellow at the Center for Advanced Study in the Behavioral Sciences at Stanford University, and as a Professor of Sociology at Johns Hopkins University in 1981. I will expect that each Congressman and Senator who is about to vote on proposed immigration related issues will be familiar with Professor Protes' studies, and that they will take them into consideration when voting on the efficacy of the proposed immigration legislation. But, sadly, to use one of my favorite expressions - "When pigs fly." Disclaimer - I do not subscribe to all of the basic premises in Ali Alexander's letters, but respect the fact that the opinions in his letters appear to be based on independent research, rather than pure emotion.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
From the letters to the Editors in yesterday's issue (8/12/05 ID), itís obvious that most of the writers view immigration policy as being primarily for the welfare of the (often illegal) immigrant, and not the United States. A more self-interested bunch of letters I have seldom seen, even in Immigration Daily. Ms. Sadjadi's letter should also remind those here legally or trying to bring a family member here legally that any amnesty or guest worker program will hinder their ability to do so, not to mention drive down job opportunities for them and their families. If you believe the immigration system is dysfunctional now, wait until it tries to do the security checks and process applications for 10-11 million legal aliens who have been "legalized", not to mention the new guest workers some of these bills would allow. S. Salike's letter compares the situation of spouses of LPRs to that of H1-B holders, but neglects to point out that had the LPR been married at the time of receiving residency his or her spouse could have been included. The issue comes up because the LPR chooses to marry abroad after gaining residency, often times in a "practical" marriage. No "family" is broken up by U.S. laws. The unfortunate length of time it now takes to bring an LPRís spouse is now largely a function of too many applicants and a dysfunctional bureaucracy.

Ali Alexander

Dear Editor:
Have you had recent classified ads of independent paralegals? I am looking to outsource some of my work.

Attorney and Law Firm Name Withheld
Little Silver, NJ

Editor's Note: Please consider placing a blind ad (using a temporary hotmail or yahoo account) in our classifieds section for an independent paralegal. For more information about classifieds advertising, see here.

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Publisher:  Sam Udani    Legal Editor:  Michele Kim