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Immigration Daily December 16, 2005
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Rep. Sensenbrenner Bill May Sink

According to Congressional Quarterly, Rep. Sensenbrenner's border security bill (HR 4437) appears to be on the verge of sinking due to disagreement over a single "sense of Congress" sentence supporting a guestworker program proposed by Rep. Flake. Anti-immigration Republicans opposed the language because they felt it would lead to a guest worker program during conference with the Senate. In the long run, this may only be a stumbling block for the anti-immigrationists' anti-American vision finding a legislative vehicle.

On another front, the budget reconciliation bill (S.1932) is now in conference and a conference report will likely be prepared by late Friday for a weekend vote resulting in its enactment. We are, like most of our readers, most concerned with the fate of Sec. 8001 which makes available unused H and permanent EB numbers and provides for retrogression relief. The immigration community badly needs the relief that Sec. 8001 provides. We urge Immigration Daily readers to contact your US Senators and US Representatives as soon as possible to convey the importance of including Sec. 8001 in the final budget reconciliation conference report. When contacting Congress, emails are usually ineffective and we recommend our readers to use phones and faxes instead.

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


Thrive-Talkin' - Cutting-Edge Strategies to Grow Your Immigration Practice in 2006

Immigration law changes are everywhere. Is your immigration practice ready for all these revolutionary changes? You may blurt out an enthusiastic "yes," but - paraphrasing The Bee Gees - is that "just your jive talkin' that gets in the way?" Consider these recent and forthcoming developments.

Congress is poised to approve legislation to:

  • Authorize recapture of H-1B and immigrant visa numbers
  • Allow submission of adjustment of status applications even before the priority date is current
  • Strengthen border and interior enforcement
  • Permit regularization of status for millions of the undocumented illegally present in the United States
  • Create a new guest worker program

Administrative agencies with a role in immigration benefits and enforcement are also active.

  • The U.S. Department of Labor continues its bold experiments in backlog reduction and PERM automated adjudication, issuing and at times withdrawing FAQs.
  • USCIS - having made progress in downsizing its backlogs - now must prepare for an unprecedented onslaught of applications and petitions by utilizing creative efiling and eadjudication strategies and cranking out new Headquarters policy memos.
  • ICE and CBP - which Congress may combine into a single immigration enforcement agency - will gain more technological capabilities, more detention facilities and greater investigative and enforcement manpower.
  • The DOL's Wage and Hour Division and ICE's employer sanctions unit gear up for an era of increased focus on employer-related immigration violations.
  • U.S. consular officers must adjust to a heightened level of scrutiny and second-guessing, as the State Department refines its interpretation of the "intent to return home" requirement of Immigration and Nationality Act § 214(b) and Congress tasks State with the duty to make America more alluring to foreign students.

Twenty-First Century immigration practice is not for the faint-hearted. It takes substantial capital and human resources, investment and training in technology, ample lead time, and carefully considered bets on which of the many potential practice subspecialties will most reward entrepreneurial firms and lawyers.

For bankable strategies and tips on best practices, register now for this three-part ILW.COM teleconference moderated by Angelo A. Paparelli, named the World's Leading Authority on Corporate Immigration Legal Expertise, and featuring the leading lights in immigration law.

Sections 8001 and 8002 of S. 1932, the Deficit Reduction Omnibus Reconciliation Act of 2005, will soon be set for conference committee. Well informed projections suggest that some form of the Senate bill will prevail in conference over the unwelcome House version. The Senate bill, when enacted, would increase the availability of employment-based immigrant visa numbers, allow submission of I-485 adjustment of status applications even if a visa number is not yet available, recapture a limited number of H-1B visas, and impose new $750 fees (which only the employer may pay) on L-1 initial petitions, blanket L-1 visa applications and the initial extension of status. S. 1932 tasks USCIS with developing procedures to deal with the added torrent of new filings, and to allocate scarce H-1B visa numbers and track filing fees for the newly recaptured visas. The new law would also expand the authority of the DOL to investigate employer compliance with the new restrictions on source of payment for L-1 filing fees. By December 20, the conference committee work, with approved amendments, is expected to be done. Passage of the conference version of S. 1932 by the full Congress would then be a virtual certainty (the exact vehicle may be another bill such as H.R. 4241, the house counterpart of S. 1932, but the substantive points above would still stand).

FIRST Phone Session on Dec 22, 2005:

  • The latest developments in USCIS H-1B number allocations and fee tracking logistics;
  • USCIS preparations to use efiling and eadjudication measures to stay ahead of the large volume of new submissions;
  • The DOL's likely enforcement techniques as the agency makes its first foray into enforcing employer compliance under the L-1 visa category.
  • Practice strategies you can use in your law practice to stay on the leading edge, such as (a) tactical advantages and risks in using efiling procedures, and (b) sequential, multi-benefit techniques involving new menu choices, e.g., combinations of nonimmigrant visas, PERM applications, concurrent I-140/I-485/I-765 submissions and portability
  • Using the latest INA § 214(b) interpretations and old, oft-forgotten case law to give new life to legitimate dual intent and defeat government assertions of unlawful preconceived intent

SECOND Phone Session on Jan 19, 2006:

This session will cover significant regulatory, administrative and judicial developments in 2005. Is your immigration practice up to speed on the following new developments?

  • Adjustment of status portability,
  • H-1B visa number allocation procedures for Masters and Ph.D. graduates of U.S. universities
  • Recapture of H-1B and L-1 time based on periods spent abroad
  • PERM and backlog reduction developments in labor certification practice
  • H-1B extensions beyond six years using DOL printouts
  • Hurricane-related ameliorative measures and deferral of I-9 enforcement
  • Implementation of the L-1 Visa Reform Act
  • Grandfathering under INA § 245(i)
  • Clarified eligibility standards for exceptional ability aliens under Schedule A, Group II
  • New interpretations of the American Competitiveness in the 21st Century Act
  • Equivalency determinations in EB-2 and EB-3 immigrant visa categories
  • Three-year wait for naturalization eligibility for certain Extraordinary Ability Aliens

THIRD Phone Session on Feb 2, 2006:

This session will focus on enforcement. Will your immigration practice be ready to face the challenges of a new era of heightened immigration enforcement?

  • ICE employer sanctions and I-9 enforcement strategies.
  • Use of Wal-Mart style consent decrees to compel vendors and subcontractors to turn over I-9s or face breach of contract damages
  • Changes in DOL enforcement authority following implementation of a "Sonny Bono" style change in the H-1B Visa Reform Act
  • "Piercing the Corporate Veil" and Personal liability issues arising under the I-9 and H-1B provisions of the immigration laws
  • Application of Felony Harboring and RICO (Racketeer Influenced Corrupt Organization) Act strategies to employer immigration violations
  • Strange Immigration "Benefits": CBP adjudication of applications for I-601 waivers and Humanitarian Parole adjudications by ICE
  • Interoperability of Government Databases, Data-Mining Exposures and Privacy/Civil Rights Concerns
  • Implications of Sarbanes-Oxley, Sentencing Guidelines and Employer Immigration Compliance Programs
The deadline to sign up is Tuesday, December 20th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Rethinking The Gains From Immigration: Theory And Evidence From The US
Giovanni Peri and Gianmarco I.P. Ottaviano answer the query, "What is the impact of immigrants on the productivity and income of US born workers?"


CBO Says Employment Eligibility Verfication Bill Would Cost $1.9 Billion
The Congressional Budget Office estimates that implementing HR 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 bill would cost about $1.9 billion over the 2006-2010 period and substantial amounts after 2010, assuming the appropriation of the necessary funds. For the detailed report, see here. For the CBO letter to Rep. Sensebrenner, see here.

Deadline To Apply For CSS And LULAC/Newman Legalization Is December 31, 2005
December 31, 2005 is the deadline to apply for CSS and LULAC/Newman legalization under the 1986 IRCA amnesty law (courtesy of Peter A. Schey and Carlos R. Holguín of the Center for Human Rights and Constitutional Law).


Help Wanted: Immigration Attorney
Growing, international, employment-based immigration firm based in Miami, FL with offices in Asia seeks immigration attorney with 3-5 years experience in business immigration who is detail-oriented and has excellent writing and communication skills. Position can be based in either our Miami or Asian offices. We offer excellent health and dental benefits in Miami and housing and meal allowance internationally. Please send resume and writing sample to Andrew Koerner, at Leaf Koerner LLC, 100 SE 2nd Street, #2330, Miami, FL 33131 or

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:

New Office - Cambridge, MA
We are pleased to announce the opening of the Law Offices of Jordana A. Hart at 929 House, 929 Massachusetts Avenue, Level 01, Cambridge, MA 02139. Tel - 617-868-1770, Fax - 617-868-2520. We handle family-based immigration matters, employment and business-related immigration cases.


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:
Gary Endelma's letter (12/15/05 ID) got it right when he articulated the economic reasoning for immigration. There is a strata of the workforce available to be filled by the willing immigrant population in the sweat and grime industries that will not be filled by American workers. Immigration or a workable guest workers visa are a large part of the answer. Another point, I know of no one advocating throwing open the borders to all comers. Employer based (economic) immigration with strict identification and tracking and a workable paperwork system another part of the answer. That is what will build this economy and country.

Brent Heid

Dear Editor:
In the fine tradition of those opposed to immigration Mr. Ranger's letter (12/15/05 ID) made far too many assertions than can be addressed in a letter to the Editor. However, his statement, "Their statement, `the result of a large illegal immigrant workforce is that the poorest Americans must compete with those illegal immigrants for jobs', is obviously true since if the illegals were not here, US workers would not have to compete with them for jobs. Their prior concerns regarding the poor are not material. What is not so obvious is ID's "pie-in-the-sky" conclusion that economic activity is increased by immigration or that the net effect is positive. Many studies show otherwise." Perhaps Mr. Ranger would be kind enough to share a half-dozen or so of these reports by neutral organizations with no committed interests in the immigration discussion.

Dave Anderson
Gainesville, GA

Dear Editor:
The problem with RL Ranger letter's (12/15/05 ID) view of the "legality" of the immigration system is that all the measures his letter supports are prohibitionist, thus leading to more illegal activity and chaos. If a safe and orderly immigration environment is desire, deep reform of the legal immigration system should be suppported as well. What about the millions of "documented" immigrants that are subject to inconsistent processing times, sloppy processing of their cases and serious administrative mistakes? If one doesn't have good legal immigration legislation and services one cannot pretend to enforce anything. To be consistent, advocates of "reasonable," "prudent" and "safe" immigration should first ask Congress to create a straightforward legal framework and command government agencies to provide services consistent with private enterprise standards.

Washington, DC

Dear Editor:
Immigration Daily is only in the business for the money. What is it about the word illegal alien does Immigration Daily refuse to believe?

Peter Griswold

Dear Editor:
If an attorney and employer withdraw an application for labor certification without informing/obtaining the employee's consent, is this grounds for disbarment of the atty? Is there a way to get him disbarred anonymously, if one does not have any documents to prove that he originally filed the application? Does the employer get incriminated in any way?

Name Withheld Upon Request

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