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Immigration Daily

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Immigration Daily January 20, 2006
Previous Issues
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Legal Immigration Campaign

Minnesota Govenor Pawlenty announced a campaign to increase legal immigration saying "While we are cracking down on illegal immigration, we still want to encourage legal immigration because we are a country of immigrants." For details on Gov. Pawlenty's seven point plan, see here.

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


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: (Fax version:


DHS Statement On Expedited Removal Procedures Inaccurate
William Youmans writes "DHS misstated facts in its press release on its motion to end the 'Orantes' Injunction."


DOS And DHS On Border Security Strategy
Secretary of State Rice and DHS Secretary Chertoff issued a joint statement discussing a three-part vision to achieve stronger border security and increased facilitation to travel.


Help Wanted: Immigration Attorneys
Hodgson Russ LLP seeks associates with five years progressively more responsible business immigration experience to join our Eastside Manhattan office (steps from Grand Central Terminal). The successful candidate will have demonstrated an ability to work independently, have worked on a wide range of business immigration matters, and have excellent communication skills. We also seek an experienced business immigration attorney on a contract or per diem basis. Please send your resume and cover letter to: Mary Kelkenberg at

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.

Offshore Services For Law Firms
We offer a wide range of back-office & clerical support services to immigration attorneys in NIV and IVs, including managing checklists, form completion, drafting cover/employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. Our services cover document generation, data entry, accounts, scheduling/calendering, clerical & archival. Quantum Technologies, Inc. is a sister company to Adnet Advertising Agency, the worldwide leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms enabling them to cost effectively and securely outsource law firm back office processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as a virtual extension of your office providing 24 x 7 support and significant cost savings. Convenient billing options are available. For more info. contact Johaina Mumtaz at or call 212 406-3503 ext 224.


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

Submit Your Announcement
comingsNgoings was launched last year. So far, we have received announcements for the following: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. If you have a professional announcement (not limited to the above), that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


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:
Mr. Tracinski's article (/1/18/06 ID) claims that because the poor have been able to rise to the middle class and above in the past, the same continues today, and that therefore we should continue to import poor immigrants. First, let's agree that the poor in the US do rise out of poverty. How? Through subsidies funded by taxpayers. Head Start. WIC. Medicaid. ADC. Section 8 for housing. Furthermore, while the problems of the American poor tend to be related to poor choices (failure to marry before having kids, for example) or temporary conditions (poor health or injury), which can be remedied with GED or some re-training, the problems of the immigrant poor are more fundamental: lack of English language ability, education and skills that they bring with them. Immigrant poor are often working poor, which hinders their ability to get the very training they would need. In other words, if we import immigrant poor, we import more people whom we have to subsidize, and even then, without education or skills, there is no reason to believe they will be able to rise into the middle class at the same rate and in the same way as Americans. Second, there's the question of whether the traditional route to the middle class, good paying jobs in manufacturing, even exists anymore. Ask a few African-Americans and you'll probably find that their parents broke into the middle class in the 1950s and 60s through good paying unionized factory jobs that didn't require education or skills. Where are those jobs today? What alternative route is there? To be blunt: all immigrants are not created equal. Skills and education matter.

Ali Alexander

Dear Editor:
Mr. Alexander's letter (01/19/06 ID) refers to a report by saying "the fertility rate still would have remained steady" regardless of the immigrant influx. "[W]ould have remained" is the key section. This is a statement about the past. It does not refer to the generations that followed the boomers and were deeply influenced by the "sexual revolution" and made massive use of contraceptives and abortion on demand. For the future, immigrants are the only source available to keep the balance. The US does not have to say "enough" at any population level. Individuals are free to have as many children as God allows them to. Further, population density rates in the U.S. are overall quite low, particularly in the states with little immigrant influx. With regard to the Congressional testimony connecting foreign workers to outsourcing, in the House they call anyone that says what they want to hear, dub the person an "expert" and put him on the stand. I won't rely much on what comes out of Congress. Still, this is not concrete empirical evidence that H-1B workers foster outsourcing more than any other factors. Even if the two events are simultaneous does not imply that there is a cause-consequence connection between them. The most likely the industries hiring these workers do outsource some operations in light of the constraints imposed by a bureaucratic system that does not allow them to hire enough foreign workers.

Washington, DC

Dear Editor:
Why doesn't Immigration Daily put this publication in Spanish?

Rosa Martinez

Editor's Note: At this time, Immigration Daily is an English-only periodical.

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Publisher:  Sam Udani    Legal Editor:  Michele Kim