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Immigration Daily December 20, 2005
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The Next Generation

Early Monday morning, the budget reconciliation bill (S. 1932) passed the House of Representatives, with a vote of 212-206 - no immigration provisions were included. The Senate is expected to vote on the bill shortly. Meanwhile, opposition has been mounting against Rep. Sensenbrenner's bill (H.R. 4437) which contains many provisions that would destroy the civil liberties of all Americans. With two back-to-back immigration defeats in Congress, on both "legal" and "illegal" immigration, pro-immigrationists can no longer maintain a "business as usual" mindset hoping that Congress will pass some immigration reform relief in the future and if not, that an underground illegal economy will continue to exist. By the same token, the true question for House Republicans is how will they handle the issue when it hits home? What are Rep. Sensenbrenner and his friends going to do when their children/grand-children announce that they are engaged to a descendant of today's undocumented? Perhaps the coming Congressional recess will give them time to ponder over this inevitable event.

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


Deadline Is Tuesday, Dec. 20th For 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.

  • 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.

Special Note: Topics may be moved from one session to another.

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:


Export Control Rules And The US Immigration System
Gregory Siskind writes "Most employers, employees and immigration lawyers are unaware of a set of rules that can create serious liability if they are ignored."


EOIR Releases Latest Disciplinary Actions
The Executive Office for Immigration Review released the latest disciplinary actions: (10) attorneys immediately suspended, (3) received final orders, (1) was reinstated.


Help Wanted: Immigration Professional
The American Council on International Personnel is seeking a Director of Agency Liaison. Located in Washington, D.C., the Director will be responsible for working with ACIP members and federal immgration agencies to improve immigration policies and procedures for large multinational employers. Duties include maintaining relationships with federal officials and reporting on federal agency activities on an ongoing basis, organizing liaison meetings for members, drafting Federal Register comments, analyzing new policies and procedures and communicating changes to members through weekly email Bulletins and website. Some public speaking and travel required. The ideal candidate has a law degree, detailed knowledge of business immigration laws and procedures, experience filing immigration applications on behalf of large companies, liaison experience, excellent writing skills and ideas for improving the immigration system. Please send resume, cover letter and writing sample to No phone calls please.

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
Here are (5) reasons why you should consider a switch to a new foreign credential evaluation company: (1) Free initial consultations: unlike our competitors, if your client's documentation does not equate to a Bachelor's degree, we will let you know immediately and for no charge. (2) Immediate response: You'll receive an instant e-mail alert when we receive your documentation, ensuring that cases don't fall through the cracks like they do at "other" credential evaluation companies. (3) Same-day service: In a hurry? If you need your client's evaluation back in one day, we will gladly deliver. (4) Certified translations: we provide certified translations in 100+ languages. (5) PhD professors: our work experience and 'expert opinion' position evaluations are completed by PhD university professors with authority to grant college-level credit for training and/or work experience. For a credential evaluation and translation services application, contact AETS at (786) 276-8190 or or visit


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

Law Firm Name Change
We are pleased to announce that on January 2, 2006, True, Walsh & Miller is changing its name to Miller Mayer, LLP. Our mailing address, phone number, and fax number will remain the same. The Commons, 202 East State Street, Ithaca, New York 14850. Phone: 607-273-4200, Fax: 607-272-6694.


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 appreciate Name Withheld's reply (12/19/05 ID), and for confirming that employees, who have their entire careers and future lives at stake on the immigration process (which I think is a slightly larger cost than the $5000-6000 that an employer pays to sponsor), have no control whatsoever in the process. This is precisely why they will seek to prosecute whenever they are wronged. If they were given the rights they were due (arguably even Death Row prisoners have more rights, at least they can pick their own attorneys), they would not likely have to get involved in actions that they should not have to just to be able to work in a country where their skills are in demand.

Name Not Supplied

Dear Editor:
In response to R. L. Ranger's letter, (12/19/05 ID), USCIS is definitely not overwhelmed by the numbers. Further, numbers have been consistently lower, below the statutory caps, in many immigrant and non-immigrant categories for the past few years. In addition, the agency had time to plan and deploy resources, they increased fees, and conducted efforts to streamline processes. However, the heart of the problem comes down to two issues. First, the poorly drafted legislation with myriads of categories and ill-defined standards for adjudication. It was created to accommodate business pressures on one hand, and uninformed restrictionist interests on the other. Second, the human resources do not have the training or compensation required to handle such entangled issues. These are the problems that cause mistakes, not the quantities. If the legislators decide to make a person eligible for benefits, the government must comply with the law and deliver according to the legislative intent in a timely manner. In any case, if they need more resources they could charge more money. Neither Ranger's letter, nor any other US person, would accept this kind of poor and often slow service from the government. Moreover, Ranger's letter, which does not appear to show knowledge about this topic, supports more poor quality, expensive and absurd legislation. Honestly, I think that we will notice a good immigration policy the day that individuals eligible for benefits can successfully navigate the system without the help of an attorney.

Washington, DC

Dear Editor:
In response to the letters where they were offended to be called "anti-immigration," (see 12/19/05 ID), I would like to share some insight on why there is so much illegal immigration. I'm a native born American citizen, and I had been engaged to a Mexican citizen. For a promising future, we decided we would have to get out of Mexico. It's much easier to get a visa for a fiancee than for a foreign citizen already married to an American citizen at the time of application, so we hoped to get a fiancee visa for him and then marry in the US. When he applied, he was educated, employed, accomplished in his local community, and everything else the US could possibly want in a potential citizen. We tried countless times, over a period of three years, and repeatedly, we were given no hope. We gave up. We applied for a visa to the Netherlands, and we were both immediately accepted, still, we would love to have had the chance to live in the US. Most of the people who need and deserve to legally enter the US to work do not have the money to start a life in Europe. They definitely do not have the money to pay years of legal fees for the help of an immigration lawyer in getting a visa to the US. There's no way to come legally, for most of the people who would make excellent citizens and contributions to our country. If fiancees or even legal spouses can't come then what are the chances for anyone else? To stop illegal immigration, we need to tighten border security, to prevent security threats, but also provide a legal way for those who deserve to come.

Pennsylvania-Mexico-European Union

Dear Editor:
Perhaps Mr. Timothy G. Herrick, Esq.'s letter in his letter printed (12/15/05 ID) was referring to the first paragraph of the executive summary for "Immigration and the Rise and Decline of American Cities by Stephen Moore which states "More than half of all immigrants in the United States reside in just seven cities: Los Angeles, New York, Chicago, Miami, San Diego, Houston, and San Francisco. A controversial issue is whether immigrants are a benefit or a burden to these areas. A 1997 National Academy of Sciences study reports that "immigrants add as much as $10 billion to the national economy each year," but "in areas with high concentrations of low-skilled, low-paid immigrants," they impose net costs on U.S.-born workers. This essay questions that finding." With respect to R L Ranger's letter (12/19/05 ID) which stated that "there were numerous studies." Polls, opinion articles, statements of opinion, personal views, "so-called studies" by people paid to make them say what they say, discussions, etc. most certainly are not independent studies.

Dave Anderson
Gainesville, GA

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