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Immigration Daily October 12, 2005
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Retrogression And Illegal Immigration

The severe retrogression that we have witnessed of late has brought to the fore some critical problems with our system of legal, employment-based immigration. Congress is apparently working on several allievating measures. The scale of the problems, this time, however, is so large, that some of the solutions that Congress enacts may have repurcussions beyond legal, employment-based immigration. What retrogression fundamentally highlights is that our system for legal, employment-based immigration is one where demand and supply are totally out-of-whack. In bringing them closer to alignment, Congress will likely move some direction along solving the larger mis-alignment between supply and demand that is the foundation for the large undocumented population that we currently have. Of course, there are some like Rep. Hayworth who apparently believes that the US Congress can suspend the law of supply and demand, but fortunately, he is in the minority in holding this opinion, as a vote on the floor of the House will likely show. Immigration policy over the next few weeks and months will be at a critical juncture - a wise choice by Congress will bring much benefit to the nation, and an unwise choice will doubtless set up a much bigger confrontation with reality in the future. In ordinary circumstances, we can count on our politicians to postpone the inevitable to a day of future reckoning, though one should not blame them overly for this natural shortcoming. But this time, a postponement may have significant political costs to one or both political parties. The stars appear to be aligning for fundamental immigration reform. It may be here earlier than anyone thinks.

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The Impact Of Our Laws On American Families
Catholic Legal Immigration Network, Inc. provides a detailed 80-page report on the harsh consequences to American families from our unjust immigration statutes.


CRS Report On Expedited Removal
The Congressional Research Service produced a report on immigration policy on expedited removal of aliens.


Help Wanted: Immigration Paralegal
Kapoor & Associates seeks paralegal/legal assistant for busy family- and employment-based immigration law firm located in Midtown Atlanta, GA; Duties include a little of everything, including preparation of immigration documents, case mgmt, and client liaison; Must have a college degree, and 1-2 years of immigration experience; Must have excellent computer skills; Multi-linguals preferred. Competitive salary/benefits. Send resume with salary history to Romy Kapoor:

Help Wanted: Immigration Attorney
Well established Midtown New York City firm has opening for attorney with experience in immigration related litigation. Firm has a large nonimmigrant practice and represents corporate and individual clients in all aspects of the immigration process. Individual will concentrate on litigation side of practice but will also be involved in nonimmigrant appeal work and I-9 review. Candidate should have 2 to 5 years experience. Salary commensurate with experience. Submit resume + cover letter in confidence to: Steven Weinberg:

Help Wanted: Immigration Attorney
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Help Wanted: Immigration Professional
Yum! Brands, Inc., the world's largest restaurant company comprised of A&W, KFC, Long John Silver's, Pizza Hut, and Taco Bell - seeks an I-9 Specialist. Primarily responsible for supervising the proper completion of I-9 Forms in the restaurants, inputting I-9 information into database and tracking expiration dates of work authorizations and visas. This position is based in Irvine, CA. Reviews all I-9 forms for compliance with federal law; inputs I-9 information into PeopleSoft and escalates any concerns to Legal Compliance Specialist. Acts as consultant to field managers regarding immigration related issues. Requirements: High school graduate, AA or Bachelor's Degree preferred; Must have Immigration experience; ability to manage multiple tasks effectively with minimal supervision; Proven customer service skills along with excellent communication skills; telephone skills must include the ability to understand and determine a resolution in a fast-paced environment; must be able to maintain confidentiality; team-oriented; ability to understand, interpret, and apply extensive laws and governmental regulations relating to immigration and employment; experience with Outlook, Microsoft Word, Excel and Internet navigation; Experience with PeopleSoft HR applications and HelpDesk tools; Bilingual is a plus. To learn more, including how to apply, see here: (Job ID: I-9 Specialist, HR).

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Share Your Announcement
We are pleased to offer our readers a way to share your professional announcements with the Immigration Daily community. comingsNgoings is a Immigration Daily section that features office moves and career moves. Examples include: New Office, New Position, Honors And Awards, Mergers & Acquisitions, New Associate, New Partner, etc. comingsNgoings is a free service. Send your announcement to


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:
I suffered a traumatic psychological flashback this afternoon when I tried to read the Comment section of Tuesday's advance edition of Immigration Daily (ID 10/11/05). Other readers who slogged through Gabriel Garcia Marquez's "One Hundred Years of Solitude" back in college may share my pain. Please consider organizing your thoughts in paragraphs.

Brad Flecke, Esq.
Phoenix, Arizona

Dear Editor:
Please refer to your comment on DOL Mandamus (ID 10/11/05). Perhaps I'm not understanding. It appears to me that you are advocating that it is the DOL's responsibility to find the qualified workers instead of the current process that the employer has to do the recruiting, etc. Are you sure that is what you want? Do you want the Government to supply the workers? I don't think so. Under the current scheme of things, albeit perhaps not the intent of Congress, the employer finds someone they want to work for them for their own reasons (skills, friends, special favors, etc). Then they go to the expense of proving that the person they want is qualified, the only one who can do the job and doesn't adversely affect the job market. I for one don't want the Government telling me who I can hire.


Editor's Note: Yes, you mis-understood our comment. We are NOT saying that DOL must supply workers to US employers. We ARE saying that if DOL wants to prevent an employer from receiving a labor certification under 212(a)(5)(A), the statute places the responsibility on DOL to produce a suitably qualified US worker. We believe that the only fair reading of the plain language of 212(a)(5)(A) is that the DOL does not have any statutory authority to compel employers to go thru a recruitment process in order to receive a certification. We believe that 212(a)(5)(A), under its plain language, entitles US employers to a certification merely upon application, UNLESS DOL can produce a qualified US worker as a basis to deny the application.

Dear Editor:
With the retrogression of visa dates, what do DHS and DOS expect will happen (assuming they even look ahead)? Apart from the disservice done to employers and the US economy, if House members expect that this will curtail immigration, it is very possible that the opposite will happen. In fact, they may be exacerbating the current situation of illegal immigration. Consider the following scenario: An H1-b employee who has filed his immigration petition in 2000, and was expecting to be rewarded for his long wait very soon. Now he is told that he must wait another 3+ years to obtain residency, portability and salary increase. Now, for some reason, he loses his job (5 years is a long time in many industries to keep a job). If he has strict moral codes he will return home to keep from breaking the law. But chances are, as evidenced by the buzz among visaholders, that he will either go undergound by accruing unlawful presence and working illegally, or marry a USC for the sole purpose of getting what he believes is his right after such a long time. In either case, the number of illegal immigrants and fraud will increase, and the number of legal immigrants will decrease. Misguided Congressmen should ask themselves which kind of immigrants they want to attract, and frame the laws accordingly.

Name Not Supplied

Dear Editor:
Some body mentioned about Your Article "The Day of Baldaid"??. I could not find it. I would appreciate if could direct me.


Editor's Note: The article you appear to be referring to is The Day Of The Band-Aid Is Over by Gary Endelman. Please try our advanced search engine.

Dear Editor:
Now that dates have retrogressed for immigrant applications for 7 years, what will happen to people who have filed applications 5 years ago, if for some reason they lose their jobs? While some may return home, many may stay on illegally, because going back home after 8-9 years may not be an option anymore. This will only add to the problem of illegal immigrants. Congress should focus on first fixing the legal immigration problem, or the illegal immigration problem will keep growing.


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Publisher:  Sam Udani    Legal Editor:  Michele Kim