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Immigration Daily August 22, 2005
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Comment

Paul Donnelly Disagrees

Immigration Daily believes that comprehensive immigration reform is likely over the next 6 months. Paul Donnelly, the consummate insider on immigration law matters in DC, disagrees. In his thoughtful and closely argued article "It's Not Going To Happen" (see below), he makes many hard-hitting points, among them:

  • The Republican majority in both the House and Senate, and their base in states and Congressional districts nationwide, simply does not favor increases in America’s foreign-born population. The Bush administration’s famous commitment to a guest worker deal with Mexico has not produced anything that might even be called a plan, much less legislation, and their favored political strategy of simply clearing space for alternative proposals like McCain-Kennedy and Kyle-Cornyn has divided the Republican Party without unifying Democrats on an actual Democratic alternative ...
  • The Republican party, particularly in the House, does not want bipartisan legislation. That is, if a bill cannot get a solid majority within the Republican caucus, it will depend on Democratic votes to pass, and thus be a defeat for the Republican leadership. So it will not come to a floor vote. Period.
  • Scandal-plagued House Republican Leader Tom DeLay must consider the immigration issue a Godsend. He has taken a hard line, precisely because framing the issue as border controls and anti-terror measures enables him to play to his largely restrictionist base. This is one of the few issues breaking their way – Iraq is not, the economy is not. The Republican majority in the House is vulnerable next year.
  • ... it was AILA’s champion at the time, Senator Spencer Abraham, who prevailed in the conference over Lamar Smith (who was opposed) to get the 3 and 10 year bar into the final legislation. This record should not fill folks with confidence in the strategic brilliance of ‘pro-immigration’ lobbyists.
  • ... White House meetings with the landscaping and roofing industries. They want both to support a guest worker program. Both depend on illegal workers. Both want some way to legalize their workers. Both are happy to have some complex regulatory scheme that will suppress their workers’ wages – but here, they part company. Working on a roof pays more than working on the lawn. Roofers want permanent workers while landscapers want a permanent supply of temporary workers.
Paul Donnelly unconventional viewpoint deserves careful consideration by all those interested in the fate of immigration reform in the current Congress. To read his article, see: http://www.ilw.com/articles/2005,0822-Donnelly.shtm

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

PERM: An Up To The Minute Course - Deadline Is Tuesday, August 23rd

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: http://www.ilw.com/seminars/august2005.shtm. (Fax version: http://www.ilw.com/seminars/august2005.pdf.)


Article

It's Not Going To Happen
Paul Donnelly writes "Yet without that genuine Democratic alternative to the Republican guest worker model, something else will have to change for any significant immigration reform to pass. So far, nothing has."


News

CRS Report On Border Security
The Congressional Research Service released a report outlining the issues involved with the DHS's completion of a three-tiered, 14-mile fence, along the border near San Diego, California.


Classifieds

Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal for its Washington D.C. office. FDBL offers a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate has 3-5 years experience with all aspects of business immigration and will have the benefit of attorney supervision and guidance. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications, adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Paralegal will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. FDBL offers a comprehensive compensation package. Fax your resume and cover letter to Allison Bettridge, Human Resources/Office Manager, at 202-371-2898. For more information, please contact Ms. Bettridge at 202-223-5515. EOE.

Help Wanted: Immigration Attorney
Established immigration and real-estate boutique firm in Aventura, FL is looking for an immigration attorney. Must have minimum 2 yrs. business immigration experience including H, L, E visas, I-140's, labor certifications (PERM), RFEs. Bilingual (English-Spanish) is a must. Compensation commensurate with experience. Generous benefit package. EOE. Please send resume to Mark Katsman: mkatsman@rrksatlaw.com. No calls please.

Help Wanted: Immigration Attorney
The Law Offices of Jessica Dominguez, a rapidly growing firm based in Sherman Oaks, CA, has immediate opportunity for an immigration attorney to join its team of two attorneys and staff. Position offers the opportunity to work on a wide range of cases. Attorney will represent clients before immigration officers and in immigration courts. Excellent legal research/writing and outstanding communication skills needed. Ideal candidate has 2 years of experience-exceptional, motivated candidates with less experience are also encouraged to apply. Candidate shows initiative and works independently. Must speak Spanish. Send cover letter, and resume to Roxana Muro: roxanamuro@hotmail.com. All replies will be treated in the strictest confidence and references will not be contacted without prior approval.

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: kzumbro@bantalaw.com. 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: kzumbro@bantalaw.com. 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 ManagingPartner@Sukkarlaw.com or fax to 954-923-1990.

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 Surin:surin@msgimmigration.com.

Labor Certification Advertising/Recruitment
Computerworld is the best no-hassle solution for meeting PERM requirements. Place your 2nd IT recruitment ad in print in the IT Careers section, or online at www.Computerworldcareers.com. If you choose to use both methods, you will receive 50% off the online job posting rate. In addition, our staff will tend to your needs from ad layout and design to immediately sending tear sheets once the ad is published. Call today to place your labor certification ad in print and online. Call 1-800-762-2977 or email your ad to itcproduction@itcareers.net.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com.

New Offices
Allen C. Ladd, P.C. is now located at 105 Pelham Commons Blvd. Greenville, SC 29615.


Letters

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

Dear Editor:
It appears Immigration Daily has received quite a trouncing from enraged readers in their letters to the Editor (8/19/06 ID) commenting on the 8/18/05 ID editorial that opined, " ... mass deportation would necessarily involve measures akin to Nazi Germany." I agree with Todd MacGregor's letter that the comparison is improper, inaccurate and extreme. However, when I read the editor's comment I summarily dismissed it, interpreting it to be directed toward potential behavior by local communities turning illegals in to the authorities, rather than a reference to other atrocities committed by the Nazis. To this degree, perhaps the analogy to Nazi Germany might someday prove accurate - but it ends there, and the analogy simply did not work. Mark Smith's letter correctly points out, "It's time for the pro-immigration lobby to stop being apologists for the sins of the law-breakers." While branding points of view as "pro-immigration" and "anti-immigration" is far too simplistic -- for example, I am "pro-immigration", but "anti-illegal immigration" -- I have several times before said that to editorialize in support of illegal immigration, or illegal immigrants, and against enforcement in favor of anarchy, will only undermine Immigration Daily's credibility as a serious immigration journal. My colleagues' letters appear to share this viewpoint. There is often a fine line between journalism and activism. Immigration Daily needs to determine whether they want to continue as a serious electronic immigration news journal, or whether they want to represent a particular point of view, as do organizations such as FAIR and CIS.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Regarding the article about two New Hampshire police departments attempting to charge illegal aliens with criminal trespassing is absolutely absurd (see 8/18/05 ID comment). The problem is not the illegal aliens; the problem is the government not doing their job like they are required to do so. The simplest plan in my opinion is to solely provide some sort of relief for the illegal aliens that are here because they have been working illegally and not paying taxes, and they are unable to do so; then securing (seriously) the borders and get a new system where they are able to track nonimmigrant after their arrival to the US, i.e., they should reconstruct a new I-94 that requires greater tracking information.

Ricardo Brutus, Paralegal
Fort Lauderdale, FL

Dear Editor:
In response to Gary Endelman's article (8/17/05 ID), for once, an immigration lawyer and I agree about something: H1-B reform. The problem with the H1-B program, as Mr. Endelman's article points out, is not the numbers, but the conditions under which the visas are issued. The H1-B visa distorts the free market by restricting the movement of the worker within the US labor market, and by holding out the promise of a green card which effectively becomes part of the employee's compensation. By either making the H1-B truly temporary and portable, or requiring employers to sponsor an employee for the green card from the start, as used to be the norm, we help to eliminate the distortions. Knowing that their stay in the US would be limited under a revised H1-B, foreign workers would seek to get the most money they could and would negotiate with employers on an even playing ground with Americans. They could also change jobs freely if they find out they didn't get the best deal possible.

Ali Alexander

Dear Editor:
Thank you for Marian L. Smith's informative article on name changes featured in Immigration Daily (8/8/05 ID). I think your notion that the further a person got from their original place of origin the more likely the name was to change. However, in the case of my grandfather's family, I think something else was at work. The large wave of "Russian" Jewish immigrants of the 20th century had papers in the Cyrillic alphabet. Even if the interviewers at Ellis Island could speak Russian, Ukrainian or Yiddish, it was less likely that they could read the Cyrillic or Hebrew letters of documents. Yiddish, although primarily German, is written with Hebrew letters. Further, the actual names of Jewish immigrants from their perspective would be their Hebrew names. These are in the form of Schmuel ben Benyomin h'Cohen, my grandfather's name in Hebrew. The only thing that would be like the English name is the first name, which would then be Anglicized. Therefore, the family would (or could not) object to a name which was not their "real" Hebrew name. This seems also to be true for Sephardi Jews, who had to take a "last" name, and so have names like Cairo or Palermo, wherever they went after the Inquisition in Spain. The combination of names in non-Roman alphabets, strong accents, and that the "real" names were not used in any case, can account for the proliferation of spellings. Of course, the reason we need Soundex is that the spellings are all over the lot even on names that are "English" like Connelly.

Elliot Taubman

Dear Editor:
Her husband is serving over five years in federal prison for illegal entry from Mexico? It would seem that Paulett J.'s letter (8/19/05 ID) must have left out a few important details in her sad story.

Bill Glenn

Dear Editor:
If they are serious about this immigration reform bill, then they must be realistic and compassionate implementing this reform. For compassionate ground, there are many who are sponsored (specially to those who are single and over age) most of them have approved petition but until now they are waiting to receive an immigrant visa for 10 to 20 years after approval. Without exemptions, why not make a Bill issuing a "temporary visa" while awaiting the permanent visa within the U.S. so that the Sponsored, once in the U.S. can go on, find a job and settle down. In this case the number of backlog will lessen. Under family unification, many are disappointed at the way the processing goes, we are now in the age of high technology. Why issuing visa is the slowest procedure? Whatever the technicalities that I do not know about, If the quota is small why not added the figure to make it realistic. The world is in the population explosions, America need more skilled and work force. Family needs each other’s moral support. I suggest U.S. Citizens, should be given priority or add more quota instead of the 23,400 in a year for 1st and 3rd preference respectively. Lucky for the 50,000 who will win in the Lottery that they can get their visa instantly, while many who are sponsored have to wait that long years, I hope the One who sponsor and sponsored still are alive or either both of them will see each other or never. I hope our Lawmakers and those who are responsible to make this Bill will have a big heart to see how parents and loved ones suffer waiting and waiting and waiting. Please open wide your eyes and see who needs your help the most.

M.E.B.

Dear Editor:
You may want to point out that, unless I am mistaken, only lawyers who pay to be listed with ILW.COM may publish in Immigration Daily (see Editor's Note to Runman's letter to the Editor in 8/19/05 ID).

Allan Wernick

Editor's Note: Mr. Wernick is mistaken. ILW.COM accepts Immigration Daily article submissions from anyone, and it is not limited to ILW.COM Yellow Page listing members. This has been our policy since inception and we have no intention of ever changing it. Our standards for acceptance for articles is whether the material would be of interest and/or assistance to immigration professionals. Our sister publication, Immigrant's Weekly has experimented with different content models. Currently, that periodical restricts articles to those authored by attorneys listed in ILW.COM Yellow Pages.

Dear Editor:
Certainly, we can say that 1990 was an ill luck year for the US people, because the creation of Diversity Visa and H-1B took place in this year. Most of us know that as soon as the DV winners touch the US soil, they begin to be burden on the tax payers' shoulder. It was created by Sen. Kennedy giving high preference to Irish nationals. Surprisingly, the DV system is still continuing and its winners and their family members are enjoying education and health benefits without having contributed anything to the US and the US people. Presently, our country has immigrants from almost all countries of the world. Hence, the necessity of diversity does not seem to be required, and it should be immediately abolished. Similarly, the H-1B visa also has no any significance now. Instead, it is taking away US citizens and legal permanent residents' jobs, and thus making them unemployed. This visa is being mostly consumed by the persons from China and India. On the one hand, the DV bars Chinese and Indians from taking part in it because of their current high representation in the US, on the other hand, the persons from these countries are being given opportunities of entering the US through back door i.e. H-1B visa. This visa is also making US citizens and LPRs unemployed by giving their jobs to the foreigners. In view of the above facts it is high time that the DV and H-1B visas should be abolished.

S. Salike


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 editor@ilw.com. 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.

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