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Immigration Daily January 27, 2006
Previous Issues
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Democrat Supports Deporting Undocumented

According to a Toledo Blade newspaper report, Paul Hackett who is seeking the Democratic nomination for US Senate stated that he would deport all undocumented immigrants if the national budget permitted. For the full story, see here.

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


Groundhog Day Event On Employment Based Immigration

On Groundhog Day, Feb 2nd, Angelo Paparelli will lead the discussion on significant recent regulatory, administrative and judicial developments in Employment Based immigration. The topics covered will include:

  • 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
The deadline to sign up for the Groundhog Day session is Tuesday, January 31st. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Treating Family Like Business
Carolyn Elefant writes "We value our children more than anything, including our jobs. But if that's the case, why do so many of us give our children short shrift ... for time at the office?"


USCIS Memo On Alternate Definition Of American Firm
The USCIS issued a memorandum regarding an alternate definition of "American firm or corporation" for purposes of INA 316(b), 8 USC 1427(b), and the standard of proof applicable in most administrative immigration proceedings.


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

Immigration Law Conference
The 29th National Legal Conference on Immigration and Refugee Policy "Future Shock: Perspectives on Comprehensive Immigration Reform" will be held on March 13-14, 2006 in NYC. Presented by the Center for Migration Studies, in association with the Fordham School of Law (ILW.COM is the media sponsor for this event). The conference will offer an insider's look at the policy and politics in the growing debate on comprehensive immigration reform. Immigration professionals, gov't officials, HR professionals, and non-profits should not miss the chance to hear noted experts speak on topics such as border control, prospects for a guest worker program, internal worksite enforcement, and many other business, family, and asylum issues. Opportunity to interact with key policymakers at this unique international event. Participants are eligible for up to 9.5 credit hrs. Discounts are available for students, nonprofits and government employees. For more info, see here.

Case Management Technology
With INSZoom, you can rest assured that you have the most secure, simple and strategic software and support services available on the market. Our state-of-the art product helps US immigration law firms build efficiency, accuracy and transparency through a single, comprehensive software. We offer 600+ Forms and many advanced features to provide you with an all-in-one case management system solution. Let your clients update their profile information, check their case status, maintain compliance, and generate numerous reports, all via a secure online system. INSZoom's leading edge technology is backed by a friendly, responsive and multi-lingual customer support team. We will configure INSZoom to your workflow for maximium results. INSZoom's technical team works diligently to ensure that the technology works for you - every time! INSZoom is available in 2 versions: Install in your own office or host on INSZoom secure servers. Contact us for a free guided tour today at 925-244-0600 or


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:
For some time now, I've thought about responding to Immigration Daily's descriptions of folks who merely want a process that controls immigration and secures our borders as "anti-immigrationists" but assumed that you'd simply regard me as an anti-immigrationist as well. In response to your 1/26/06 comment, however, ID went way too far. Though I disagree with your position advocating an anybody, anytime, & anyway immigration policy which is careless and self-serving, I would never label you as "anti-American" for doing so. As an American, it is your right and maybe even an obligation to voice whatever concern you may have regardless of who may is also the right of Representative Tancredo. If his constituents don't agree with him, they will surely vote him out of office. I am offended by Immigration Daily's label of Mr. Tancredo as an anti-American and believe that you owe him an apology.

Larry Hines

Dear Editor:
In response to ID's comments, 1/26/06 regarding Tom Tancredo, Congressman Tancredo may be "ant-American" in the eyes of Immigration Daily, but not in the eyes of 70% to 80% of Americans who want something done about illegal immigration. And it's hardly surprising that he's not getting "significant corporate contributions". He knows that he'll have to forego their largess in order to take a stand on a principle.

John H. Frecker

Dear Editor:
Mr. Baer's letter (01/26/05 ID) mentioned that two of the children who entered illegally had gained legal status in the US. If this is indeed the case, then how is it that these two children have not sponsored their parents? Their mother has a route to come to the US through the illegal actions of these children, and the 1986 amnesty. Of course, those children who are not here legally could always choose to return to their home country, which is what we are constantly told guest workers would do. If we are supposed to feel guilty about her medical problems, Dr. Baer's letter should note that Mexicans in particular actually experience much worse problems with diabetes and its complications in the US, presumably because of the change in diet. The crux of the matter is, there are plenty of such problems in the world, our social service system cannot and should not pay for them all.

Ali Alexander

Dear Editor:
In response to RL Ranger's letter (01/26/06 ID), yes, it's absolutely true that Americans can ask their politicians to close the US border completely, but nobody can stop US businesses to outsource the jobs overseas to seek lower labor costs and also use automated machines and robots to be able to compete and survive instead of paying expensive American labor. Making laws that say outsourcing and using robots as felonies too? I am not a globalist, but I realize the global competition is real, so that's why I empower myself to be ready by educating myself, learning new skills, learning and speaking multi-languages, learning new things and doing more travelling to find jobs or business opportunities. Many are doing the same as I do, so no matter where we are, we can perform the jobs for better but more competitive than others. Americans are not the only people fearing immigrants and foreign competitors, so are Japanese, Koreans, Europeans even Mexicans, Indians and Chinese too. Yes, we live in a competitive world, does it make us as globalists, not necessarily, but if we have to compete we got to be ready. Complaining, whining, being xenophobic and protectionist are not the ways out.

Robert Yang

Dear Editor:
Where in my letter (01/26/06 ID) did it attribute the poverty found in Mexico as being caused by this country? The widow's children in my letter are not citizens of the USA. They have legal residency here. They sought to obtain permission to have their Mother come live with them during her declining yearsso they could care for her. They were not successdful. It is not that easy. They do not accept charity. They earn their own way. They are poor but proud Yes, I have compassion for the unfortunate be they in Mexico, here or abroad in other parts of the world. I contribute. I am proud of what I contribute and wish I could contribute more. "What you do to the least of My children, you do for Me."

Richard E. Baer

Dear Editor:
Prior to filing an I-130 for USC parent of amnesty-adjusted children, be certain to review the facts as to if your parent(s) wasn't/weren't present in the U.S. illegally for an extended period of time. If so, a legal doctrine called, "unlawful presence and no waiver for a USC parent" could rear its ugly head. The hardship waiver is available, unless there is a provision unbeknowst to me, only for a USC spouse and child, (or based on internal memos, USC's fiance/ee' in some circumstances).

ES, Esq.
Minneapolis, MN

Dear Editor:
Would a Licensed Practical Nurse fall under Schedule A? The DOL web site states, if the alien holds a full & unrestricted (permanent) license to practice nursing in the state of intended employment then that person would be Schedule A.

Millicent Clarke

Dear Editor:
I note that the USCIS and DOL online information sites do not address the issue of complaints on fraudulent activities by aliens and attorneys. It is also not clear if these agencies have adequate personnel to combat fraud. I have written to Paul Novak at VSC and to DOLETA to advise me the manner in which complaints would be received and acted upon.

Arif Kadwani

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 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