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Immigration Daily October 14, 2005
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Various Items

Today's Immigration Daily has various items of interest: an article by an undocumented alien describing her experiences, two OALJ decisions on H-1B matters, 4 classifieds, and 5 letters to the Editor. Please scroll below to find the item(s) of interest to you.

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


USCIS Service Centers: Current Benefits Issues

The deadline to sign up for the next session of "USCIS Service Centers: Current Benefits Issues" is Tuesday, October 18th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


How To Be An Illegal Alien
Mimi in New York writes about an undocumented alien's experience in New York.


Equitable Tolling Not Available In H-1B Case Where No Disability Shown Due To Illness
In the Matter of Administrator, Wage and Hour Division, No. 2005-LCA-0034 (OALJ, Jul. 26, 2005), the Office Of Administrative Law Judges said that while equitable tolling does permit a complainant to avoid the bar of the statute of limitations if, despite all due diligence, she was unable to obtain vital information bearing on the existence of her claims, and while the OALJ was sympathetic to the difficulties that can occur due to an illness, the Complainant failed to exercise due dilligence and demonstrate a level of physical or emotional disability during the relevant statutory period to dictate equitable tolling.

Complainant In H-1B Case Cannot Have Stake In Appealing Administrator's Findings On Civil Penalties
In the Matter of Administrator, Wage and Hour Division, No. 2005-LCA-21 (OALJ, Apr. 29, 2005), the Office of Administrative Law Judges said that the Complainant had no stake in the outcome of an appeal of the Administrator's findings with respect to the assessment of civil penalties and that a determination by the Administrator that an investigation on a complaint was not warranted is not subject to appeal.


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
Experienced immigration attorney to work in legal department of global consulting firm. Ideal candidate will have substantial experience dealing with all issues relating to foreign nationals working in US, including regulatory filings and HR counseling. Attorney will report to Senior Immigration counsel and must be a team player with excellent written and oral communication skills. Compensation is competitive, excellent benefits. Submit resume to Sharon Lewis at:

Credential Evaluation And Translation Service
Are you getting RFE's? American Evaluation and Translation Service, Inc. (AETS) evaluations are consistently accepted by USCIS because evaluations are completed by PhD Professors from 4 universities with expertise in most major academic fields. AETS provides position evaluations + work experience evaluations completed by PhD university professors with the "authority to grant college level credit for work experience and/or training." AETS provides competitive industry rates. e.g. ($50 - educational evaluations) ($200 - position/work experience evaluations). For a list of prices and turn-around times, see: AETS provides certified translations in 100+ languages, with translators in 80+ fields. To receive a copy of the Application for Credential Evaluation and Translation Services, contact AETS at (786) 276-8190,,, or fax documents to (786) 524-0448 or (786) 524-3300.


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

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:
With reference to your comment (ID 10/13/05), one could also interpret Mr. Greenspan's comments as an argument for the free movement of labor WITHOUT immigration. That is, workers would be free to come and go across borders, but would remain permanent guest workers, much on the model of the UAE. Immigration is a statement about citizenship and loyalties, not about work. It does not follow that "permanent residency" or citizenship needs to accompany the movement of labor.

Ali Alexander

Dear Editor:
There is much confusion about Amnesty. Some want it. Some don't. It should not happen, but it must happen. It must happen for one reason . . . Congress and INS and ICE have sat on their fat derrieres for so long that notwithstanding the employer sanctions imposed by IRCA in 1986, illegal employment in the United States runs rampant. Don't blame the illegals. Blame the entire system of government that has allowed the borders of the United States to become a joke, and even now with enhanced homeland security, any illegal who wants can filter through and then once here, obtain employment. Those out there who naively believe that the estimated 11 million illegals will just vaporize have been watching "Star Trek" too long. The bottom line is, the United States is forced into another Amnesty because of twenty years of abuse of the system. When the Amnesty of 1986 was over, the first thing illegals asked of my office was "When will the next amnesty be?". I told them at that time "Never.", because I believed employer sanctions would work. Because of a lack of enforcement and too mild penalties, the sanctions turned out to be a farce. Yes, unfortunately we MUST have another Amnesty, because there is no other way to remedy the illegal situation. But this time it MUST be the last. I propose hefty fines and light jail sentences on employers, and jail sentences for the illegals - but not simply incarceration - put them on the former Chain Gangs of Georgia and let them work for the public good before shipping them home. Just what part of, "You can't do that." do people not understand? And stop bashing immigration lawyers. Immigration lawyers do not write or enforce the laws. That's up to government.

David D. Murray, Esq.,
Newport Beach, CA

Dear Editor:
Ms Batanga's letter does not seem to show compassion (letter to Editor, ID 10/11/05)). Her letter indicates that she feels it is her duty to denounce upfront those individuals she perceives as a menace to her welfare without considering the consequences of her letter's vigilantism. Her letter advocates the break up of families leaving American children in a dire situation because their parents will be deported. I hope her letter is not equating Immigrant (legal or illegal) with terrorist; this is a simplification of the issue that by being repeated over and over again is gaining more converts in the general public. As a consequence of this many Joes and Marys want to become vigilantes because they feel they need protection against this immediate threat: the minute-man group is an example of this. America is a compassionate society and hopefully most will reject this Far Western style of dealing with the problems produced by illegal immigration because I am sure this is the wrong way to find solutions because it is not just about hunting the "vermins" (as some put it) trying to cross the Rio Grande.

Felix Araujo
Houston, Tx

Dear Editor:
Giving amnesty to the illegals will not solve the problem that the US is facing now. The amnesty of 1986 is the glaring example that has clearly shown that the amnesty has resulted in doubling the numbers of the illegals in the US. If we need agricultural or unskilled workers very badly for our agriculture and menial jobs, we can get them from South and South East Asia. Millions of people from South and South East Asia specially Cambodia, Laos Nepal, Sri Lanka, Bangladesh, Pakistan, Indonesia, India, the Philippines and Thailand are working in Gulf countries, Malaysia, South Korea, and Japan under temporary worker program. They are working in the Gulf countries for about $ 250. to $300. per month, and not a single worker is reported to have overstayed in these countries. The persons from these countries are also well known for agricultural work, and they have a very keen interest to work in the US. It is high time that the US Congress should enact a law to bring temporary workers from these countries. But, we should put some conditions on them that they can never change to any other visa category from their Temporary Worker visa during their stay in the US, and that they must also go back to their countries after their contracts are over.

S. Salike

Dear Editor:
I really enjoy and appreciate your daily e-mails and other services!

Tori Block

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