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Immigration Daily January 18, 2006
Previous Issues
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Comment

Former USCIS Official Sentenced

The former head of the San Ysidro border crossing INS anti-corruption unit was sentenced to three years probation. For the full San Diego Union-Tribune story, see here.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Latest In Nurse Immigration (In Cooperation With CGFNS)

ILW.COM is pleased to announce a new 3-part teleconference on the Latest In Nurse Immigration (In Cooperation With CGFNS). The curriculum is as follows:

FIRST Phone Session on Jan 26, 2006: DOL & DHS Issues

  • PERM: What are the requirements? Is the PERM system working? Is the Dept. of Labor meeting the estimated processing times?
  • RETROGRESSION: Who is affected? What's the impact on cases? How long will retrogression last? Is there hope for a legislative solution to retrogression?
  • SCHEDULE A: who qualifies? What documentation is required?
  • LICENSURE AND CREDENTIALING: What's the difference between professional licensure and visa certification? Which occupations require Section 343 certification? When does a foreign national need a section 343 certification?
  • WORKING WITH NEW REQUIREMENTS: What's required with the "in-house" media posting? How can one challenge prevailing wages? How to meet the filing deadlines before prevailing wage determinations expires?
  • STAFFING COMPANIES: How to address ability to pay issues? What is necessary to show "permanent" nature of the job? Where to place the internal posting for "roving employees"?

SECOND Phone Session on Feb 16, 2006: Non-Nurse Occupations

  • IMMIGRATION OPTIONS: Which occupations qualify for schedule A? Which occupations qualify for H-1b? Which occupations qualify for TN under NAFTA?
  • LICENSURE AND VISA CREDENTIALING: Which occupations require a license? Which occupations require section 343 healthcare certificate? At what point in the immigration process is a license required? At what point in the immigration process is a healthcare certificate required?
  • DEFINING THE OCCUPATION: What is meant by "professional nurse" for Schedule A purposes? What constitutes a clinical laboratory scientist? What's the difference between medical technologist and medical technician? Can a foreign educated physician qualify for an occupational visa?
  • DEALING WITH DEADLINES AND LIMITS: What's the status on the H-1b cap? Which employers are exempt from the H-1b cap? Which foreign nationals are exempt from the H-1b cap? Who is affected by visa retrogression? What alternatives are available for those affected by visa retrogression?

THIRD Phone Session on Mar 9, 2006: Consular Issues

  • PREPARING FOR THE INTERVIEW: What documentation is required? Does the foreign national need a current letter from the employer? What to do when the consulate is asking for the wage the foreign national will be paid during the time the foreign national enters the U.S. but before licensed?
  • CHANGES DURING THE APPLICATION PROCESS: How to add new family members (a recent spouse or new baby) to the process after the interview has been scheduled? How to change consulates in the case of relocation to another country?
  • EXPEDITING THE INTERVIEW: Is there any way to get an earlier interview date? What happens if a child is turning 21 years old before the interview date?
The deadline to sign up is Tuesday, January 24th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/january2006.shtm. (Fax version: http://www.ilw.com/seminars/january2006.pdf.)


Article

Americans Against The American Dream: To Be Anti-Immigration Is To Be Anti-American
Robert Tracinski writes " It has often been said that America is a nation of immigrants, but few people understand how deeply this is true."


News

E-Passport Testing Begins at SFO Airport
The DHS issued a press release announcing the commencement of live testing of e-Passports at Terminal G at San Francisco International Airport (SFO) beginning on January 15, 2006.


Classifieds

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 Andréa Olivos-Kah: aolivos-kah@immigrateusa.com. 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 LCARES@microsoft.com. 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: globallaw2005@yahoo.com.

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 mkatsman@rrksatlaw.com.

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: Mneedleman@levittandneedleman.com.

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: Ashneiderovsky@Fragomen.com.

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 roxanamuro@jessicadominguez.us.

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry – $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: http://aetsinternational.com/applicationforevaluationservices.pdf. AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit http://www.aetsinternational.com, or email: info@aetsinternational.com.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com.

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: editor@ilw.com. comingsNgoings announcements is a free service.


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
In response to Immigration Daily's comment (01/17/06 ID), I think before anyone cries "Chicken Little the sky is falling" we ought to take a more reasoned look at what the courts might decide in interpreting the law. I do not believe that they would say that just posting something "annoying" to someone is a violation of the law. It appears to me that the intent is that postings that are directed at particular people would be what the law is attempting to eliminate. That said, I don't believe that even that interpretation would survive a First Amendment challenge, at least for most private citizens. However, those who open their lives to a greater degree of scrutiny—politicians, movie stars, etc. would, I believe, carry a much more difficult burden in overcoming the First Amendment challenge.

William B. Ramsey
Harpers Ferry, WV

Dear Editor:
In response to Mr. Alexander's letter (01/17/06 ID), first, I want to state that labor shortages do exist. Wages cannot grow indefinitely and productivity is not a substitute in many of the labor-intensive industries that cannot rely much on technology. Some businesses can be forced to increase prices until going belly up. The consumer will have to find substitutes, which, the more likely, will come from abroad. Second, the US population growth rate is a meager 0.8%. If you subtract immigrants and their children from the equation there is not much left. If you want to reduce the alleged burden on taxpayers, just get rid of the handouts and of the pauper government-run schools. Finally, I don't know how his letter has proven that the presence of foreign workers "makes it easier for companies to outsource business." There is no causal link explained and no hard evidence presented. In any case, I think that businesses figure out quickly, with or without foreign workers, how to outsource if it translates into an economic advantage for them.

Sebastian
Washington, DC


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 1999-2006 American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. 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


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