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Immigration Daily February 10, 2006
Previous Issues
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Comment

Erratum

Immigration Daily incorrectly stated in our comment (02/09/06 ID) that a former Playmate model was petitioning for an H-1B as a fashion model of "distinguished merit and ability". We received several letters to the Editor, including one from her immigration attorney, correcting our error (scroll below for the letters). She in fact petitioned and was approved for an EB-1 visa and is applying for a waiver which would permit her to re-enter in the O-1 category. We thank our readers for alerting us to the error.

While in this particular case, the non-immigrant visa at issue is an O-1, it is in fact true like our 2/9/06 comment stated that fashion models qualify under a different standard than other H-1B beneficiaries, another one of those anomalies that make immigration law so complex.

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


Focus

Schedule A Includes Physical Therapists

Attorneys seeking retrogression relief for their practices, should note that Schedule A is more than nurses - it includes Physical Therapists. The second session of "Latest in Nurse Immigration (In Cooperation With CGFNS)" will cover Physical Therapists, and MTs (Medical Technologists and Medical Technicians), and other non-nurse healthcare occupations. The deadline to sign up is Tuesday, February 14th. 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

An Open Letter To USCIS Ombudsman: AC21 In Court
Julie Soininen in an open letter to Mr. Prakash Khatri, Ombudsman, USCIS writes " As you know, over five years have passed and there are still no regulations implementing "AC21"."


News

EOIR Releases Latest Disciplinary Actions
The Executive Office for Immigration Review released its latest disciplinary actions: (2) attorneys immediately suspended, (3) received final orders; (1) was reinstated.


Classifieds

Help Wanted: Immigration Paralegal
Exceptional and challenging career opportunities available for you at Fragomen, Del Rey, Bernsen & Loewy, LLP, a prominent global immigration law firm. The ideal candidate will work on site at a client in McLean, Virginia and must have 3-6 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. Fragomen offers highly competitive salaries and great benefits. Please submit resume, writing sample and salary requirements to Alaina Shneiderovsky: Ashneiderovsky@Fragomen.com.

Help Wanted: Immigration Paralegal
Microsoft has immediate opportunity for an experienced immigration paralegal to join the Legal and Corporate Affairs Department in Redmond, WA. Duties: prepare and file nonimmigrant/immigrant petitions including extension of stay applications, amended petitions, change of status applications, port of entry applications, adjustment applications, family-based petitions, etc..; respond to client inquiries; prepare visa packets and employment verification letters; manage caseload and monitor expiration dates. Update I-9s. Maintain and update internal immigration database on client specific matters. Minimum of 2-3 years immigration paralegal experience; excellent oral and written communication skills; exceptional organizational skills; effective teaming and partnering skills; and proficiency in Microsoft Desktop applications. Bachelor's degree preferred. Competitive salary, excellent benefits including relocation, if applicable, and casual yet dynamic workplace. If you want to work on a team of world class immigration professionals and take your career to the next level, come join us. Submit resume in Word format to Kristen at LCAres@microsoft.com. Indicate job code N145-152847 in subject line. Microsoft is an EOE and strongly supports workplace diversity.

Help Wanted: Immigration Attorney
13-person fast paced, leading immigration law firm seeks immigration lawyer with 3+ years of business immigration experience. Handling full range of diverse nonimmigrant & immigrant matters. Must have excellent writing, communication and organizational skills. Very competitive compensation package offered. Law firm located in midtown Manhattan. Please submit cover letter + resume to Marcia Needleman: mneedleman@levittandneedleman.com.

Help Wanted: Immigration Paralegal
Walt Disney World Company seeks a full-time immigration representative to support a high volume immigration department based in Lake Buena Vista, FL - Orlando area. Extensive interaction with all levels of employees, management and gov't agencies. Position offers tremendous learning opportunity with multiple challenges. Required skills/experience: immigration paralegal certification or Bachelor's degree or equivalent in business; demonstrated strong case management experience; computer proficiency within Windows environment; strong written + verbal communication skills; effective presentation skills; strong partnering and problem solving skills; excellent organizational skills with attention to detail; ability to handle confidential information; willingness and ability to learn and adapt to new software applications. Desired skills/experience: minimum 2 yrs+ experience with employment-based non-immigrant visas; proven familiarity with H/J/L/O/P visas; knowledge of Exchange Visitor Program, SEVIS, I-9 requirements; multi-lingual abilities. To apply for this position (Immigration Representative, X102674), visit disneycareers.com and submit your resume. Disney is an EOE.

Help Wanted: Immigration Paralegal
The Columbus, Ohio law firm of Vorys, Sater, Seymour and Pease LLP is seeking a paralegal with 2+ yrs. experience in employment-based non-immigrant and immigrant categories, including labor certs. Opportunity to play a key role in supporting a mature and expanding practice. Bachelor's degree and ABA certificate preferred. Must be detail-oriented with excellent writing, organizational and computer skills. Good benefits. Salary commensurate with experience. Send resume by mail to Donna Prehm, Vorys, Sater, Seymour and Pease LLP, P.O. Box 1008, Columbus, Ohio 43216, by fax at 614-719-4913, or by e-mail to dfprehm@vssp.com.

Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity in our dynamic team in the Legal and Corporate Affairs Department in Redmond, Washington. 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. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your resume in Word format to Kristen at LCAres@microsoft.com. Please indicate job code N145-152245 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.

Help Wanted: Immigration Attorney
Mintz Levin is a large, multi-disciplinary law firm with a regional, national and international practice. Our Immigration Section is seeking an associate to join the Boston office. Ideal candidate will have at least 5 years of business immigration experience. Candidates should have a background in the following: PERM Applications, H1B, L-1, O1, J1, E and I-9's. Experience dealing with immigration consequences of merger and acquisition activity is strongly preferred. We look for candidates with stellar academic records and outstanding writing and interpersonal skills. We offer excellent benefits and we are an equal opportunity employer. Interested candidates should send resumes to: Catherine L. Murphy, Lateral Associate Recruiting Manager at CLMurphy@mintz.com or Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., One Financial Center, Boston, MA 02111.

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.


comingsNgoings

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

Texas Board Certification
Terry Weir was designated Board Certified, Immigration and Nationality Law by the Texas Board of Legal Specialization. Ms. Weir is an attorney with Dunbar, Harder & Benson, LLP, One Riverway, Suite 1850, Houston, Texas 77056. Tel: 713-782-4646. Fax: 713-782-5544.


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:
I am the attorney for Dorismar (see 02/09/06 ID comment). You made a mistake in your comment where Immigration Daily states that she seeks re-entry through an H not an O as is her case. I am not attempting to get her an H-1b visa, she was approved in April as an alien of extraordinary ability in her immigrant petition EB-1. The visa we are currently processing is an O-1 with the waiver for her to be readmitted as a non-immigrant O-1, as we have already demonstrated to the USCIS that she is an alien of extraordinary ability.

Michael Feldenkrais, Esq.
Miami, FL

Editor's Note: Please see our comment above.

Dear Editor:
Immigration Daily's editorial (02/09/06 ID) incorrectly states that, "The Miami Herald reports that a former Playmate model seeks re-entry to the US after being removed from the US for overstaying her visa. Her immigration attorney is reportedly petitioning to obtain an H-1B visa for her under the provision in the statute at 101(a)(H)(i)(b) for fashion models of "distinguished merit and ability"." The Miami Herald actually reported that Dorismar's immigration lawyer was petitioning her as an "alien of extraordinary ability", which would be Employment Based First Preference (EB-1). The Miami Herald article also stated that, "As a result, she can apply for a waiver of the 10-year-ban at the consular offices in Buenos Aires." While she may be able to apply for the waiver, that does not mean it will be granted. While all this makes a good story, what is interesting is the model's cavalier attitude at knowingly and intentionally breaking the law, in her comment, "If having a dream and working to follow it are a crime, then I'm guilty and I ask forgiveness. I am asking for forgiveness.'' Paraphrasing the old saying: "If dreams were horses, then beggars would ride." We will assume that Dorismar is not a beggar, but in fact was paid royally for her escapades in "modeling". She should have spent a few of those dollars to consult competent immigration counsel long before her visitor's visa expired, and long before her deportation. Then, as ID suggests, she may have qualified as an H-1B fashion model.

David D. Murray, Esq.
Newport Beach, CA

Editor's Note: Please see our comment above.

Dear Editor:
I always enjoy Immigration Daily's commentary, but as someone who does a lot of visas for models, doesn't the language here suggest that she was getting an O-1 based on extraordinary achievement, rather than an H-1 on the distiguished merit and ability standard?

Chris Wright, Esq.
Woodland Hills, CA

Editor's Note: Please see our comment above.

Dear Editor:
In response to 'Establishing "Business Necessity" For A PERM Application: What Can Be Learned From The "Business Necessity" Defense To A Title VII Disparate Impact Claim?' by James D. Eiss and Danielle Rizzo, (02/09/06 ID Article), by imposing per-country limits on EB green cards, isn't the federal government endorsing a policy which causes disparate impact on employees from different (non-US) countries? After all it is highly skilled applicants from India and China that are facing (worse) visa retrogression now. We should note that clearly, hiring industries aren't interested in the national origin of these applicants for whom they are sponsoring green cards. It would be great to have legal analysis of this suggestion.

Berkeleybee

Dear Editor:
With regard to the comment (02/09/06 ID) the former Playmate model clearly seems to have been deported from the US on the grounds that she had overstayed her visa. Overstaying visa is a break of the US law, and it is a kind of crime. Hence, she is surely a criminal. It is sure that our immigration law does not respect the criminals. Therefore, this Playmate model must be denied any kind of visa to enter the US.

S. Salike

Dear Editor:
In response to the 02/09/06 ID comment, "Distinguished merit and ability" is provided for in other fields by "equivalent" experience. It seems to me that "equivalent experience" might be an even easier standard to meet. Though I do suspect that the exception for models has more to do with the fact that most of Congress is still male than anything else.

Ali Alexander

Dear Editor:
Could you please send me the email version of Immigration Daily for Feb. 1, 2006 through Feb. 7. I wasn't getting them for that periold. I corrected the problem with ILW.COM company today.

Donald Pecchia

Editor's Note: Past issues of Immigration Daily are available online at the Immigration Daily archives on the ILW.COM website. Please use the menustrip to the left or the links at the bottom of most pages to find the link to "archives".

Dear Editor:
First, to Mr. Murray Esq.'s letter (02/08/06 ID) which said my letter (02/07/06 ID) misstated facts; my $3 an hour example was meant to demonstrate (by your followup example) that illegals are willing to accept far less money to perform a job. I also find it disturbing that an immigration attorney would be so willing to hire an illegal to do something for him. What happened to ethics and respect for those very laws attorneys claim to be practitioners of? The second article that appeared on 2/06/06 ID tries to sell permanent residency as the cure for the current illegal alien problem fails to address, as is so common by illegal alien supporters, the issue of why we should be rewarding ten million illegals at the expense of those waiting to immigrate legally, who are outside the US, and why no meaningful penalty should apparently accrue to illegals in exchange for their path to a green card. Naturally illegal immigration advocates once again reveal their true agenda - billable hours. They are supportive of any law that keeps a bloated pool of clients available, ready, willing (but not always able) to pay fat fees in exchange for a paperwork shuffle. We have several million Americans looking for work; all we need to do is match a willing employer (one who is willing to pay a decent wage) to a willing American worker. Lastly, granting some sort of work status to 10 million illegals and allowing their families to join them will result in an additional 40-50 million people arriving at our doorstep overnight. Where are they going to live? Who's going to pay for their childrens' education and medical bills? What will our overcrowded schools, hospitals and cities look like then?

MH


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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