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Immigration Daily November 17, 2005
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The Real Minutemen

Reportedly, self-proclaimed "Minuteman" Bob Wright said that on October 20, 2005, a busload of soldiers stopped in front of their self-styled "Minuteman" HQ, with each soldier saluting the "Minutemen" and said that the military units were equipped with Strykers (armored vehicle). Without claiming an expertise in military regulations, we wonder whether it is proper for uniformed American soldiers to salute civilians. The vigilantes' use of the term "Minutemen" is an insult to the original American Minuteman who fought at the battles of Lexington and Concord. The real American Minutemen (including persons of color) must be spinning in their graves at this appalling stealing of their good name and reputation by modern day vigilantes and even more so by the acquiescence of the American press to this misuse of an honored American term and tradition. It is particularly sad to note that there exist such misguided soldiers in American uniform as to salute these miscreants on the border. Despite this dishonor to their uniform, the American military tradition is too strong to be undermined by this aberrant action from these soldiers. Immigrants have been an important part of the American military tradition and plain demographics show that immigrants will form an increasing part of our military.

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Immigration Books

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


The Impact Of Retrogression On The CSPA
Sheela Murthy writes "The CSPA will protect some dependents of parents who have employment-based green card petitions pending, but it will likely not protect all."


DHS Does Not Have Expertise To Rule On Employer's Equivalency Requirements
In Grace Korean United Methodist Church v. Chertoff, No. 04-1849-PK (District of Oregon, Nov. 3, 2005), the court said that the Nebraska Service Center's contention that skilled worker classification does not allow equivalency based on education and experience is contrary to the plain meaning of the statute and the regulations as well as the clear Congressional intent. The court also said that USCIS does not have the authority or expertise to impose its definition of "bachelor's or equivalent" on an application certified by the DOL. The court noted that the Employer establishes the criteria for the position under the supervision of the SWA and DOL in the labor certification process and that this determination was beyond the expertise of the USCIS (courtesy of Jennifer Morrissey, Esq. and Robert Donaldson, Esq.)


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Help Wanted: Immigration Paralegals
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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.

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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:
In response to Caglaws' letter (11/16/05 ID), I do fully realize that times have changed. If we are going to accept the idea that a foreign student should be able to have nonimmigrant intent, then it is my contention that the requirements for issuing said visas become accordingly stricter. As it is, virtually anyone who can pay the freight and is not on a terrorist watch list can find a U.S. college or university that will admit him or her, regardless of his abilities. We should be truly seeking the "best and the brightest" students in hot fields, and adjust our requirements for attending school here accordingly—if we are to say that any and every student can remain here. We should also adjust the admissions to the condition of the U.S. job market. If unemployment of U.S. workers is high in certain fields, such as IT, foreign students don't get admitted. Of course, you can bet that the academic community would raise a fuss, since foreign students are a key source of tuition money and cheap labor, but hey, if the purpose of a U.S. education is solely to turn out workers, then let's gear our foreign student admissions policy toward that.

Ali Alexander

Dear Editor:
Salike's letter (11/15/05 ID) and Smith's letter (11/16/05 ID) are pitiful examples of the prevailing "popular knowledge" about immigration realities and policies. Take for instance the room presumably filled with "H1B's working (most likely) as software programmers and engineers" that Smith's letter described. Is this the type of factual evidence and reasoning needed to make immigration policy? So far, this is all anecdotes, prejudice and popular wisdom. I cannot imagine anyone hiring the LPRs and USCs with computer science degrees and experience mentioned in the letters if they use this flawed analytical thinking in their daily tasks. The business would surely go through the drain following such thought pattern. It is no all about degrees and experience on paper; it is also about attitude and personality. Many people that are brilliant on paper do not get hired when the "face time" comes. Then comes Caglaws' letter that defies all established economic evidence by maintaining that more protectionism will create jobs and improve living standards. Who wonders why businesses are not hiring folks who cannot articulate a rational argument. They should go out and prepare to compete on the marketplace instead.

Washington, DC

Dear Editor:
Unless US consumers are happy to pay extra bucks on all good and services sold and made in the USA, everybody must stop complaining about immigration and job outsourcing. US businesses need to cut costs to give the best deals for US consumers, and we always shop for and love the best deals for less, right ? If US businesses must use robots because they can't hire immigrants and outsource the jobs to overseas and they can't pay your high salary because it's too costly for them to provide you the best deals on their goods and services, will you ask your congressmen to create laws to ban robots and all automated machines and computers too because they're taking your jobs for less ? Life is tough and competitive, yes, it's true. Welcome to the reality show then and please grow up, stop complaining and whining for nothing.

Richard Sugiharto

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