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Immigration Daily November 16, 2005
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PERM Seminar Deadline Is Tomoro!

Our latest PERM seminar features a number of distinguished PERM practitioners and focuses on many current PERM topics as detailed below. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:

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


Deadline Is Wednesday, November 16th For PERM Nuts & Bolts: The Latest Tips For Practitioners

We are pleased to bring a new telephonic seminar on PERM to our readers' attention, the curriculum is as follows:

FIRST Phone Session on Nov 17, 2005:

  • What is "identical" for refiling purposes?
  • Refiling and SVP/Job Zone issues
  • Refiling and BEC Interaction/How to withdraw a case
  • Multiple filings and the 8/11/05 FAQ
  • The role of retrogression

SECOND Phone Session on Dec 8, 2005:

  • PW Determination Expirations
  • SVP/Job Zones and Business Necessity
  • Drafting for BS+5 and EB-2 Preference Category Cases
  • Drafting for cases involving a combination of education and experience
  • Calculating Recruitment Dates

THIRD Phone Session on Jan 12, 2006:

  • BEC Update
  • PERM Processing Times
  • EB-2 vs. EB-3
  • Substitutions at CIS and at the BECs
  • Audits and Denials
The deadline to sign up is Wednesday, November 16th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Immigration And Terrorism: Moving Beyond The 9/11 Staff Report On Terrorist Travel
Janice L. Kephart writes "[This] report makes clear that strict enforcement of immigration law at American consulates overseas, at ports of entry, and within the US must be an integral part of our efforts to prevent future attacks on U.S. soil."


CRS On Visa Waiver Program
The Congressional Research Service issued an updated report on the Visa Waiver Program.


Help Wanted: Immigration Attorney
Well-respected business immigration practice located in North Potomac, MD with 20+ years experience is now expanding. Seeks committed, energetic attorney with strong client interface skills, meticulous attention to detail, superior writing ability and uncompromising professional ethics. Outstanding professional development and growth opportunity. Small, casual, flexible and collegial office. Contact Denise Hammond at:

Help Wanted: Immigration Paralegals
Greenberg Traurig, LLP a large international law firm, has openings in its Tysons Corner, VA location for business immigration paralegals. If you want to join a team of highly-trained and very motivated immigration paralegals in a demanding, fast-paced environment this is the position for you. To join our team you must be very organized with the ability to work independently, manage a large case load, juggle multiple tasks/deadlines, and possess excellent computer skills. Bachelor degree or equivalent required. In our practice we hire the best the field has to offer and make them better. In return, we ask for the very best you can offer. Excellent benefits and compensation package offered. If you are talented and up to the challenge, this job is for you. Send cover letter, resume, salary requirements + writing sample to Cristy Campbell by email: or fax: 703-714-8374.

Help Wanted: Immigration Paralegals
Morgan, Lewis & Bockius, LLP is currently looking for two paralegals to work directly with the Immigration Practice Group in its Washington, DC office. Must be able to work under minimal supervision. The firm offers an excellent compensation and benefits package, outstanding work environment, and comprehensive support to enable our Immigration Paralegals to assume significant responsibility, including contact with clients. Candidates must have at least two years of business immigration experience in employment-based immigrant and non-immigrant categories. Candidates must possess strong organizational, research and writing skills. Knowledge of PC applications and flexibility to work overtime are required. An undergraduate degree is required. Morgan Lewis is an Equal Opportunity Employer. M/F/D/V. Please apply online via the career link of the Morgan Lewis website.

Labor Certification Advertising/Recruiting
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


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

Submit Your Announcement
So far, we have received announcements for the following: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. If you have a professional announcement that you wish to share with the Immigration Daily community for free, 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 couldn't agree more with S. Salike's letter (11/15/05 ID). I have seen the displacement or lack of any placement of many talented professionals. During the last five years, I met many LPRs and USCs with computer science degrees and experience, who had graduated from fine universities, worked for major international corporations, appeared to be very dedicated and diligent workers, and had positive job references. Some were very willing to accept lower pay if it meant a job in the field vs. no job. Most never obtained a job in their field again, ever. One day, I was in a local entertainment establishment celebrating someone's birthday party. A major U.S. corporation filled the room with a company sponsored entertainment event. It appeared the people were presumably H1B's working (most likely) as software programmers and engineers. So, yes, if those LPRs and USCs who are qualified and over-qualified can't get a real chance for these positions - the current system is not working. We need a system that provides for LPRs and USCs and job training and development, and for talented foreign nationals. If these are mutually exclusive of each other, we all lose.

E. Smith

Dear Editor:
It appears that Ms Korotkov's letter to the Editor (11/15/05 ID) forgot to mention that when she and her husband applied for tourist visas, they apparently misled (i.e. lied) to our embassy in Russia about their true intentions. They knew they had no intention of returning to Russia, and that the information they provided on their application was false. Now her letter bemoans her fate, yet, it is being brought about by her own efforts to deceive our government, both at the time of her visa request and subsequently with her "less than credible" asylum request. At times like these, the rules and the decision of our immigration court should be accepted. With more than 8,000,000 Americans looking for work, we do not need folks in our country who apparently obtained visas by fraud and are currently undermining the wage rates of many industries by their willingness to accept low wages. This appears to be a prime example of why aslyum seekers in the US should not be given work authorization; instead they should be held in a correctional facility awaiting their asylum hearing, then, after it fails, sent back to whatever country they came from.


Dear Editor:
Mr. Alexander's letter to the Editor (11/11/05 ID) opines that I have forgotten the purpose of bringing students to study in the US and return them to their own country educated. That purpose was timely when formulated, but today is far out of date. Like all good things, given the chance, the rascals in Washington will pervert them and use them against their creator. It is no longer the case that America can afford to set up its competition in business at taxpayers' expense, educate our competition in numbers far exceeding those Americans still getting education here and allow the product to be brought in and sold at prices that American business cannot match if the product was manufactured here. The problem is not keeping foreign graduate students here after their education. It is shutting down the international businesses that are stealing our jobs and putting us in deep debt to foreign countries. The education of foreign businesses is just the icing on the cake for those countries. They don't have to pay for their own educational facilities in the third world where they manufacture their goods. Mr. Alexander's letter obviously forgets, as does the Conservative agenda, conveniently, that this is no longer a matter of the appearance of good will and betterment for foreign countries. It is a matter of survival for the American worker and taxpayer. Now, imagine what would happen if America put tariffs expensive enough to equalize the cost had the product been manufactured in the US. There would, I believe, be little unemployment and people could continue to pursue the American dream.


Dear Editor:
Immigration Daily readers should take note of the most recent published decision of the Board of Immigration Appeals, In re Smriko, 23 I. & N. Dec. 836. This decision followed a remand ordered in Smriko v. Ashcroft, 387 F.3d 279 (3d Cir. 2004). On remand, the Board held that aliens admitted to the United States as refugees may be removed for conduct that comes within the grounds of removability without the prior termination of their refugee status. (Section 207(c)(4) of the Immigration & Nationality Act suggests otherwise.) Although it is an important decision on a novel issue, the Board's decision is hardly surprising. Nor is it surprising that the Board initially did not even address the issue but instead summarily affirmed the immigration judge's resolution of it. The Board seems disinclined to do its job until the courts get involved.

Scott Mossman, Esq.
Oakland, CA

Dear Editor:
I was receiving Immigration Daily by email for almost everyday till September 30, 2005, and suddenly it stopped. I am interested getting Immigration Daily. Is there any reason my subscription has stopped?

Soo Park, Esq.
Ann Arbor, MI

Editor's Note: We have looked into your Immigration Daily subscription and the status is normal, which means that your email version of Immigration Daily is being sent by our computers to you everyday. The problem appears to be an issue with your Internet Service Provider or with your network. Please contact your network administrator and/or your ISP.

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 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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim