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Immigration Daily

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Immigration Daily January 23, 2006
Previous Issues
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Many Distinguished Speakers On Nurse Immigration

Donna Richardson (CGFNS), Silvia Boecker, MaryLu Cianciolo, Sherry L. Neal, Frank Novak, Patrick J. Page, and Robert Watkins are among the distinguished speakers who will speak on Nurse Immigration (and other healthcare immigration) in our new 3-part tele-seminar "Latest in Nurse Immigration (In Cooperation With CGFNS)". At least three additional distinguished speakers will be added to the faculty for this cutting-edge seminar. Schedule A occupations (Nurses and Physical Therapists) are among the few bright spots in immigration practice today, since these cases are not affected by the retrogression, since the priority dates are "current". The seminar will include an update of issues at the Chennai and Manila consular offices. The deadline to sign up is Tuesday, January 24th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:

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


Deadline For Latest In Nurse Immigration (In Cooperation With CGFNS) Is Tuesday, Jan. 24th

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:


The Economic Transition To America
Rakesh Kochhar for the Pew Hispanic Center writes "... [F]ailure to find work at home does not seem to be the primary reason that the estimated 6.3 million undocumented migrants from Mexico have come to the US."

The Bottom Of The Pay Scale: Wages For H-1B Computer Programmers
John Miano for the Center for Immigration Studies writes "... Despite the H-1B prevailing-wage requirement, actual pay rates reported by employers of H-1B workers were significantly lower than those of American workers."


DOS Cable On Prevailing Wage Determination For Domestic Workers
The Department of State issued a cable on determination of prevailing wages for domestic worker visas.

DOS Cable On Invalidity Of Burroughs Visas
The Department of State issued a cable on invalidity of Burroughs visas.

DOS Cable On Horse-Race Activities
The Department of State issued a cable on revision of horse race-related employees.

DOS Cable On Fingerprinting Waivers
The Department of State issued a cable on waivers of fingerprinting under the Biovisa program.

DOS Cable On FY 2006 Refugee Admissions
The Department of State issued a cable on Presidential determination of FY 2006 refugee admissions.

DOS Cable On Student Visas
The Department of State issued a cable on validity of student visas subsequent to a break in studies.


Help Wanted: Immigration Attorney
Boutique, two-partner NYC firm seeks associate attorney w/ 1+ years experience in family & business immigration, including processing of PERM/ labor certifications. Must be confident managing case load, making appearances and meeting w/ clients. Strong writing skills a plus. Dynamic opportunity to work on a broad range of cases in casual and collegial work environment w/ generous benefits package. Position available immediately in recently relocated Tribeca office. Please send resume & salary requirements to Sharyn Bertisch:

Help Wanted: Immigration Attorneys
The internationally reputed Murthy Law Firm seeks senior level associates with 5+ years' experience in business immigration law. Our practice is dynamic and fast paced with high volume work that lends itself to varied creative solutions within the framework of the law. Applicants must have prior work experience in H1B and nonimmigrant options as well as an in-depth understanding of immigrant processing procedures. We have created a fully customized, sophisticated case-management system and expect the attorney to supervise paralegals and support staff. Good writing and analytical skills are required. Work is in beautiful, scenic Owings Mills, Maryland, convenient to rural settings and to the culture of Baltimore city. We offer a family friendly and collegial atmosphere. Please email resume and cover letter to Kim Rutherford or fax 410-356-4140. All communication will be treated in confidence.

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

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
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: 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:
Concerning the topic covered by Mr. Alexander's letter (ID 01/10/06), the rise of immigrants into the middle class, it depends much on obtaining quickly the legal tools to have equal bargaining power on the marketplace. This assertion is backed by the case of the Marielitos who supposedly were the most undesirable part of Cuban society sent by boatloads by Fidel into the US in the 80s. Cubans enjoy a privileged legal framework that allows them to become permanent residents almost immediately after arrival. Currently, the Marielitos have middle-class incomes comparable to those of the overall more privileged Cuban emigrant population. Further, Cubans as a group have reached the highest echelons in government and private sector. This demonstrates, that regardless of whom or how many people you choose for immigration benefits, the key to ensure their rise in US society as productive citizens is an efficient and straightforward immigration system that allows them to take advantage of the private opportunities available. Long periods of slave or indentured work, existing both in legal and illegal immigration, impair the ability of the person to develop his or her full economic potential in free competition.

Washington, DC

Dear Editor:
The statement in my letter (01/19/06 ID) that the fertility rate would have remained steady even without immigration was made by the Population Research Bureau, not me, as a result of its research. And Sebastian's letter (01/20/06 ID) is right, there is no reason to project that it will remain so, just as there is no reason to believe that it will not increase. As far as sexual behavior, today's boomlet is actually more sexually conservative and family-oriented than their parents. Sebastian's letter also says "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." The decision to have children is a personal one, but the size of our population and our additions to it through immigration are a matter of public pollicy. These decisions impact everything from the availability of water, to the preservation of our wilderness areas to the density of our cities and towns. In Sebastian's letter's view, at the same time that China (which for all its population, is not densely populated) and India are seeking to limit their populations, we're supposed to expand ours on a much smaller land mass? We are apparently supposed to make up for the unwillingness or inability of other countries to limit their populations, by increasing our immigration levels, when it is the very size of their populations which contributes to their lower standard of living. As for his letter's comments on Congress, I totally agree that experts will say anything, as has often been proven by those supporting the H1-B program. Prior to the 2000 increase in the cap, we were assured by industry spokespeople that they were in dire need of H1-Bs for IT workers. The increase in the cap was immediately followed by the meltdown. And that is not theory, but fact.

Ali Alexander

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Publisher:  Sam Udani    Legal Editor:  Michele Kim