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Immigration Daily January 10, 2006
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The DOL has stated affirmatively that motions to reconsider (MTRs) are being accepted. The DOL recommends that MTRs be submitted in order to handle minor non-substantive errors with labor cert applications. Current turnaround times for response to MTRs have not yet been provided (though we have heard anecdotal reports of some MTR approvals) because DOL is finalizing the procedures, personnel, and templates for the MTR process to take full effect. For more information, see AILA Infonet, Doc. No. 05120260 at pages 2, 7, 8 and 9 (12/2/05). Based on our best guess, we expect DOL's MTR system to be in place within the next 12 weeks. We believe that it is in DOL's interest to assist applicants fix non-substantive minor errors. In other words, the "harmless error" is being revived albeit in a non-regulatory form. At a practical level, there doesn't appear to be much difference between the MTR system being developed by DOL and the old Notice of Finding (NOF) system.

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


Deadline Is Tuesday, Jan 10th For PERM Nuts & Bolts: The Latest Tips For Practitioners

The curriculum for the Jan 12th phone session on PERM is as follows:

  • 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 Tuesday, January 10th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Alien vs Sponsor: Legal Enforceability Of The Affidavit Of Support
Charles Wheeler writes "Immigration practitioners who had been waiting for a finding on the enforceability of the I-864 affidavit of support by sponsored aliens and for direction on how it is to be applied against sponsors finally received the first definitive ruling."


USCIS Issues E-3 Guidance
USCIS issued a press release on the eligibility requirements and documentation needed for individuals wishing to either change their nonimmigrant status to that of an E-3 worker or to extend their E-3 status.


Help Wanted: Immigration Paralegal
Downtown Miami, FL. Boutique immigration law firm seeks paralegal with 2+ years of experience in business immigration. Must have experience with H's, L's E's and permanent residency processing. Must be fluent in English and Spanish, both spoken and written. Competitive salary and benefits package offered. Fax resumes to 305-577-0095 or email Andra Olivos-Kah: No phone calls please.

Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity in our dynamic team in the Law and Corporate Affairs department in Redmond, WA. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. We offer a competitive salary, excellent benefits and casual workplace environment. Submit resume in Word format to Kristen at Indicate job code N145-149557 in subject line. Microsoft is an equal opportunity employer and strongly supports diversity in the workplace.

Help Wanted: Immigration Attorney
Senior Immigration Attorney (Manhattan) for 10+ person, fast-paced, leading business immigration firm. Must have 7+ years experience with full range of complex business immigration cases in NIV and IV matters as well as family-based & naturalization. Must have in-depth knowledge of laws & procedures, excellent writing, communication and organizational skills. Must be detail-oriented, able to manage a large case load, work independently and supervise & train associates and staff. Seeking dedicated professional willing to make a commitment who can work well under the pressures of a busy immigration law firm. Partnership track potential for right person. Competitive compensation package offered. Submit cover letter, resume, undergraduate and law school transcripts and employment references to:

Help Wanted: Immigration Attorney
Immigration and real estate boutique firm in Aventura, FL with diverse international clientele seeks immigration attorney. Must have 3-5 yrs exp. in business immigration including L / H / E / O / P / TN visas / I-140's and PERM labor certs. We offer excellent benefits, a collegiate atmosphere and unlimited growth potential. Bilingual and Florida licensed attorney preferred. Please send resume and salary reqs. to Mark Katsman at

Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with family based, naturalization and other applications a plus. Bilingual Spanish/English also a plus (not required). Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing, communication & case management skills. Comprehensive compensation package offered. Email resume & cover letter to Marcia Needleman:

Help Wanted: Immigration Paralegal
Exceptional and challenging career opportunities available for you at Fragomen, Del Rey, Bernsen & Loewy, LLP's offices in Iselin, New Jersey. Ideal candidate must have 2 + years of exp. in business immigration, possess excellent verbal and written communication skills, and the ability to perform multiple tasks in a fast-paced environment. College degree, MS Word and Windows 2000 required. The Firm offers highly competitive salaries and excellent growth opportunities. We are conveniently located minutes from the train station and are approximately a 40 minute train ride from Manhattan on NJ Transit. Send resume, writing sample + salary requirements to Alaina Shneiderovsky:

Help Wanted: Immigration Attorney
Full-time position for bilingual immigration attorney to join a growing firm of two attorneys and staff based in Sherman Oaks, CA. Minimum one year experience. Must speak Spanish and English fluently. Must be able to work in a fast-paced environment. The candidate must possess excellent research and writing skills and will be handling complex immigration litigation defense at the Immigration Court, Board of Immigration Appeals and the Ninth Circuit Court of Appeals. Please send resume and writing sample to

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

New Firm - Philadelphia, PA and Wilmington, DE
Immigration attorneys Rick Hogan and W. John Vandenberg have formed a partnership, Hogan & Vandenberg, LLC. The new firm will operate from offices in Philadelphia, PA and Wilmington, DE, providing an array of immigration legal services: family, business visa, removal/ deport defense litigation, federal and BIA appeals. Reach the office at 1-888-338-6311.


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:
Robert Yang's letter (01/09/06 ID) gives every indication of being the globalist version of Erick Seven Hawks' letter reincarnated (11/10/03 ID). Mr. Hawks' letter tried to discredit attempts to control immigration with the failed argument that Indians were taken advantage of in times past and that we should base modern entry policy on the entirely different conditions that existed then. Mr. Yang's letter resurrects this tired theory with the added twist of global competition. While his letter is correct in that every individual should optimize their own "merits and skills", HR 4437 is more about immigration controls than jobs and is long overdue with the lax policies of the past. Is there any sovereign nation that does not control their entry policies? Even Mexico, who does not think we should have any control over their migrants to the US, fiercely defends its own Southern border and other enty policies. Rob Sanchez's letter (01/06/06 ID) correctly states the purpose of HR 4437 is to end "self-destructive open-border policies". It is beyond ludicrous for Sebastian's letter (01/09/06 ID) to characterize these efforts as "soviet-style measures", a return to Communism and "...a facade to cover the scandals plaguing the governing party". What are the motivations of those who can only see America as a "job factory" for foreigners or as a place to sell goods and that we have no right to control our borders and it's hateful, communistic or xenophobic to try? Are not xenomania, lack of patriotism and worship of globalism the more appropriate condemnations? My closing comments to Mr. Hawk's letter (11/10/03 ID) are still applicable today.

R.L. Ranger

Dear Editor:
One of the greatest things a child can have in their lifetime is the physical presence of two good parents who love and support them. Some immigrants came here legally others did not. All want to follow the legal path to keeping their families together. The problems they run into are plentiful, including the fear that their loved one may be detained and deported, without notice and with no one to help them. Moreover, for many families the Affidavit of Support is the breaking point, even if they have everything else they cannot meet the standards required. And what is so sad about it is that if their spouse has to leave, their situations are even graver. Lastly, is the 3-10 year automatic bar for those who have entered the country illegally. Yes, the hardship waiver exists but the definition of hardship is so difficult to meet that a great number of families cannot meet the requirements. Is it not extreme hardship to be separated from your spouse/children for a period of 3-10 years, with financial hardship placed on the remaining American Citizen or permanent resident family members? What we are asking is not for open borders, not for amnesty. We want laws that are fair and just. For the most part, our spouses and parents have lived here, started families, and worked here; they have paid taxes and contributed in great ways to our communities and our country. They did not come here and get married and have children for the sole purpose of immigration status. Our spouses and parents are not terrorists; they are US residents. Give us a chance, make families and children a priority. The current and proposed laws are harsh and unrealistic. We challenge you to change that.

Angela Lopez

Dear Editor:
I am following up on a "Comment" posting on ILW.COM from 12/29/2005 entitled "NOF's in PERM." Have any of the attorneys who have shared their experiences on motions to reconsider provided any details as to the process/procedure they have used with this? Alternatively, have any indicated a willingness to receive follow up questions? If so, I'd be appreciative as we are seeking to determine what format such MTR's took.

Bethany S. Mandell, Esq., McNamara Koenig & McCarthy PC
Wellesley, MA

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Publisher:  Sam Udani    Legal Editor:  Michele Kim