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Immigration Daily September 15, 2005
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Retrogression - Catastrophe In The Making

The October 2005 Visa Bulletin was released today (for the bulletin see here), with select employment-based visa priority dates effective October 1st highlighted below:

  • EB-1 category: China = 1/1/00, India = 8/1/02.
  • EB-2 category: China = 5/1/00, India = 11/1/99.
  • EB-3 category: China = 5/1/00, India = 11/1/98, Mexico =1/1/01, Phillipines = 3/1/01.
Ironically, these retrogressions are the result of the enormous success of USCIS's backlog elimination efforts. The retrogressions has an immediate impact on immigration law firms who are flooded by employers and aliens placing the blame for the long waits at the doorstep of their immigration attorney (of course the next 2 1/2 weeks promise to be very busy as they try to file concurrent petitions before the onset of these retrogressions).

Unfortunately, the extent of the retrogression problem is not widely acknowledged even within the bar because the truth is much worse than many imagine. The truth is that a fresh off the campus employee of a US corporation faces 15 years before receiving a green card taking into account the 344,000 certifications that the DOL backlog elimination centers are getting ready to churn out. Once this truth spreads on US campuses, then the true effect of retrogression will hit home to US employers when foreign students accept jobs overseas because there no available options for them to work and live in the US.

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Immigration Books from ILW.COM

ILW.COM is pleased to feature the following distinguished works of scholarship:


Hurricane Katrina Assistance For Affected Persons With Immigration Concerns
Gregory Siskind writes "We have read and seen plenty of coverage about Katrina generally, but the immigration consequences are only just starting to become apparent."


OALJ Says 20 CFR 655.731(a)(1) Does Not Permit Decreases In Pay
In the Matter of US DOL, Cleveland, Ohio v., Inc., No. 2003-LCA-19 (OALJ, Jun. 9, 2005), the Office of Administrative Law Judges interpreted 20 CFR 655.731(a)(1) as only permitting increases in pay, not decreases; and said that Employer committed a willful violation in failing to pay H1B wages, and debarred the employer from the H1B program for two years.


Help Wanted: Immigration Attorney
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Help Wanted: Immigration Attorney
In-house immigration attorney sought for Pittsburgh, PA based technology company as Director of Immigration Services. This individual will manage day-to-day work of paralegal staff, develop relationships with managers and liaison with subsidiaries and consulates, and participate in developing proactive immigration policy and procedure. Must have a minimum of three years of business immigration experience including H, L, B, PERM, I-9 compliance, and other related issues and be licensed to practice in PA. Interested candidates should email resume and references to or fax resumes to 412.494.0575.

Help Wanted: Immigration Attorney
The Law Office of Robert B. Jobe is a nationally-recognized immigration law firm that focuses on asylum and deportation defense. We represent refugees from all over the world seeking safe-haven in the US. Our eight attorneys are supported by a staff of 12 who work in a pleasant and fast-paced environment in downtown San Francisco. The ideal candidate: is a member, in good standing, of the Bar of any state; has some immigration law experience; has a passionate commitment to immigrants' rights and social justice; has excellent research and writing skills, strong academic credentials, and an interest in public speaking; ability to meet deadlines and juggle multiple tasks; ideally is fluent or proficient in a second language. We offer competitive salaries, medical benefits, a 401(k) plan, and free soda and coffee. To apply, follow these instructions: E-mail cover letter, resume, + writing sample to Your writing sample can be any recent work that demonstrates your writing ability. All attachments should be in Text, PDF, WordPerfect or MS Word format. Please be prepared to provide references. Thank you for not calling our office. Only short-listed candidates will be contacted to attend a job interview.

Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Ideal candidate has BA degree, is detail-oriented, organized, conscientious. Candidate must also possess excellent writing, communication & case management skills. We offer a competitive compensation package and congenial office atmosphere. Email resume and cover letter in MS Word format to Marcia Needleman: No calls please.

Help Wanted: Immigration Attorney
Midtown NYC - 13 person fast-paced leading immigration law firm seeks lawyer with 2+ years of business immigration experience handling full range of nonimmigrant and immigrant matters. Must have excellent writing, communication, and organizational skills. Competitive compensation package offered. Email resume and cover letter in MS Word format to Marcia Needleman: No calls please.

Help Wanted: Immigration Paralegal
Paralegal sought for small, full-service Philadelphia immigration firm with family-friendly atmosphere. Competency in Spanish required. Experience preferred but not necessary. We will train. Competitive salary + full benefits package, including: 100% employer-paid health insurance and 401K plan. Send resume to Thomas Griffin:

Help Wanted: Immigration Attorney
Leading New York City law firm, requires intelligent and creative associate to focus on business immigration matters, as well as handle family immigration, consular and citizenship matters. The ideal candidate would have up to two years of relevant immigration experience, be admitted to the NY bar, function as a team player in a fast-paced environment and be willing to take charge of complex and diverse cases. The qualified individual must also be self-motivated, possess excellent writing skills and have a passion for immigration law. Outstanding opportunity for an attorney to grow in an expanding and interesting practice. The salary is commensurate with experience and we also offer an excellent benefits package. Apply in confidence to:

Credential Evaluation And Translation Service
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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:
Praise the Lord for another high-profile Republican to promote a sane and humane immigration policy (09/14/05 ID comment). He gets it. Now how do we convert enough congressional votes to get something done? We were on the edge of getting something done in Congress when Sept. 11th hit. With two other immigration reform bills on the table, will they be sidetracked because of Katrina?

Pamela Mann
Crittenden, KY

Dear Editor:
My response to 09/14/05 ID comment on Mr. Ascroft's pronouncements on immigration, Mr. Ascroft could now be hypocritical with his self-righteous pronouncements, because he is no longer in the position of US Attorney General. But he is not fooling anyone who is knowledgeable of the notorious Ascroft Bill on National Patriot Act: Which has infringed upon the Civil Rights of Americans to Privacy, Public Speech, expression via the News Media, The Internet, & other forms of expression, deemed un-patriotic or re-actionist to the powers that be. His self-serving pronouncement currently, will not alleviate the pain, incarceration, floggings, prevention of Legal Consultation to imprisoned suspects/victims, resulting from this viscious piece of legislation called "The National Patriot Act: I hope that the legacy of remorse, comes to haunt him for the rest of his life, from this ill-conceived enactment.

Derryck S. Griffith

Dear Editor:
In response to ID's 09/13/05 comment, I am a paralegal with 10 years of experience. I started as a "Immigration Counselor" with Catholic Charities in NY, inheriting a caseload of 800 different cases from a counselor who had just retired; on top of that, I built my own case load, and used to see up to 30 clients per week on a consultation-basis only. When I transferred to the for-profit legal world, I came with a much better knowledge of immigration law and regulations and far more experience than most immigration lawyers I have come across with. My specialty is litigation (especially removal cases of any kind, waivers and criminal aliens) and I don't deal with employment-based cases (unless they are criminals); however, I doubt that a PERM case is more difficult than a Cancellation of Removal, a Withholding of Deportation under CAT or a 212(c) waiver, and I handle those with no problem. I have many paralegal friends that are extremely proficient in employment-based cases, and for anyone to assume that they would be less qualified than an attorney to handle PERM is ludicrous and frankly, quite deluded. Take a look around at immigration law firms and tell me who is doing the work. Then, we will talk.

Rosa Freking, Senior Litigation Assistant

Dear Editor:
I applaud those paralegals who wrote in and questioned the belief that paralegals are not as adept as attorneys at preparing PERM applications (see 09/13/05 ID comment). My support team is comprised largely of wonderful, talented paralegals who clearly grasp all the nuances of the convoluted PERM application and related regulations, FAQs, Prevailing Wage Guidance memos, etc. Clearly, as in every law firm, attorney oversight is needed. To whoever prepares this application -- read, and re-read the regulations and the preamble to the regulations, and the FAQs. It also helps to belong to a chat, support group to bounce ideas around and commiserate regarding the abysmal lack of DOL guidance in this program.

Josie Gonzalez, Esq.
Gonzalez & Harris, PC

Dear Editor:
In response to Name Not Supplied's letter (09/15/05 ID), it is the National Science Foundation (NSF) which made the statement about funding, and which I was quoting. My original letter contained the relevant link which the ID editor omitted. I'm sure that NNS would agree that the NSF is in a better position than either of us to know what it's talking about. NNS should also be aware that American companies do not go as far as interviewing applicants who are blatantly unqualified for the positions they're applying for. Those are weeded out early on. Any "inadequacies" that are discovered during the interview process are subjective to the employer, and often have to do with "the best for what we want to pay", rather than "the best".

Ali Alexander

Dear Editor:
I have not seen Immigration Daily's September 13, 2005 issue. What is wrong?

M. Malami

Editor's Note: This issue of Immigration Daily was sent out and no other reader has reported a problem. To read the 9/13/05 ID issue, see our archives.

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Publisher:  Sam Udani    Legal Editor:  Michele Kim