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Immigration Daily

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Immigration Daily March 2, 2006
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For affidavit of support purposes, the 2006 Poverty Guidelines become effective March 1, 2006. ID's 2/22/06 issue incorrected stated the 2006 Poverty Guidelines become effective April 1, 2006 - the error has been corrected. We thank Jonathan Mills of DHS for bringing this to our attention.

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


Premier Issue Of PQ: The PERM Quarterly

The premier issue of PQ: The PERM Quarterly is now in press. The provisional table of contents is as follows:

  • Filing Duplicate Applications By Joel Stewart
  • Labor Certification through PERM: An Up-to-date Overview of the PERM Rule By Joel Stewart
  • What You Do After The Ads Have Been Run? Resumes, Interviews, and Results By Edward R. Litwin
  • Tips for Filing Schedule-A Applications Under PERM By Sherry Neal
  • BALCA Summaries By Joel Stewart
  • How to File Prevailing Wage Requests and 30 Day Job Orders By Jane Goldblum
  • Civil & Criminal Federal Case Update By R. Blake Chisam
  • Potpourri By Joel Stewart
  • Ethics: What do you do when a qualified U.S. worker applies? By R. Blake Chisam
  • Recently Emerging Issues By Joel Stewart
For more information on PQ:The PERM Quarterly, or to subscribe, please see:


The Need For An Adopted Decision To Standardize Discretionary Adjudications Under 8 C.F.R 214.1(c)(4) And The Theory Of Nunc Pro Tunc
Romulo E. Guevara and Donna B. Dideles write "It is not uncommon for immigration practitioners to encounter cases where clients have suffered an inadvertent lapse in nonimmigrant status due to unavoidable causes, ineffective assistance of counsel, or other inauspicious circumstances."


CRS Report On CAT And Removals
The Congressional Research Service issued a report providing an overview of US implementation policy concerning the removal of aliens.


Help Wanted: Immigration Attorney
Midtown NYC- 13 person fast paced, leading immigration law firm seeks lawyer with 3+ years of business immigration experience handling full range of diverse nonimmigration & immigration matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please submit cover letter & resume to Marcia Needleman:

Help Wanted: Immigration Attorneys
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, is seeking experienced attorneys with a minimum of three years practicing business immigration law, for our San Francisco Office. Our attorneys work in a fast-paced, high volume practice and utilize carefully developed procedures, advanced practice tools, and a state-of-the-art case management system. Experience in a range of business immigration matters, the ability to provide exceptional client service, experience managing teams of legal assistants, and superb analytical, organizational and case management skills required. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Please submit your resume via email to or by fax to 415-217-4426.

Help Wanted: Immigration Paralegals
Greenberg Traurig has openings in its Tysons Corner, VA location for entry-level business immigration paralegals. Qualified candidates must have a minimum of 6 months-1 year of experience preparing nonimmigrant work-related visas (e.g., H-1B visas). Associates Degree or equivalent is required. Must be very organized, detail oriented and able to work independently. Must possess excellent computer skills as well as strong written and verbal communication skills. Competitive benefits and compensation package offered. Send resume and cover letter with salary requirements to Greenberg Traurig is an Equal Opportunity Employer.

Help Wanted: Immigration Attorney
Tindall & Foster, P.C., an established immigration-only practice in Austin, Texas is seeking an experienced immigration attorney. The successful candidate is expected to possess 2-5 years experience in employment based immigration law. Exposure to comparative international law or non-US immigration law is a preferred qualification. Tindall & Foster, P.C. has been practicing immigration law since 1973. The Firm has offices in Austin and Houston and continues to expand. Please visit and for more information. 401(K), medical and dental offered. Salary commensurate with experience. Experienced candidates may submit resumes and salary histories to

Help Wanted: Immigration Paralegal
Exceptional and challenging career opportunities available for you at this prominent global immigration law firm in Iselin, NJ. The 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. Submit resume, writing sample, + salary requirements to Alaina Shneiderovsky:

Help Wanted: Immigration Paralegal
Tucson, AZ - Wolf & Sultan P.C., an AV-rated firm seeks business immigration paralegal with experience preparing TN, H, L and PERM cases. Friendly, relaxed small firm environment. Excellent drafting/communication skills required. Competitive salary and benefits package. Please send resume to Tarik Sultan: or fax to (520) 882-2929.

Help Wanted: Immigration Paralegal
AmLaw 200 law firm based in Chicago, IL requires the temporary services of a senior paralegal for a six month period. The candidate must have at least five years of business immigration experience, including extensive experience with the new PERM system (PERM experience and knowledge is a requirement); EB-1, 2 and 3 matters; and experience with H, L, E and O visas. Minimum requirements include at least a bachelor's degree, and excellent English writing, research and communication skills. Send cover letter and resume to: Gina L. Grunloh, Vedder, Price, Kaufman, & Kammholz, P.C. at

Help Wanted: Immigration Attorney
Laner Muchin in Chicago, IL, one of the nation's oldest labor law firms, seeks an experienced immigration attorney with excellent academic credentials, 3-5 years substantial experience in all aspects of employment-based immigration and strong case management, and communication and writing skills. Ideal candidate must be client-service focused and able to thrive in challenging and fast-paced environment of congeniality and respect. Laner Muchin successfully recruits quality candidates on a national basis. We provide opportunities to handle challenging responsibilities and exciting projects; offer highly competitive salaries and benefits; informal unpretentious office atmosphere; and demonstrate an excellent record of elevating associates to partnership. E-mail cover letter + resume to Affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Help Wanted: Immigration Paralegals
Laner Muchin in Chicago, IL, one of the nation's oldest labor law firms, has openings for full-time immigration paralegals. Our paralegals have the opportunity to contribute to a growing immigration practice and do challenging work. The ideal candidates must have at least one year of substantial experience in employment-based immigration, be highly motivated, detailed-oriented and have outstanding communication, case management, computer and people skills. College degree preferred, foreign language fluency a plus. Competitive compensation package and excellent benefits offered. E-mail cover letter + resume to Affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Help Wanted: Immigration Paralegal
Madison, WI - Quarles & Brady, a large, multi-office, national law firm is looking for an experienced paralegal to join its team to handle business immigration matters for fast-paced, expanding practice. Ideal candidate will have Bachelor's and experience with H, L, TN and PERM (NIW, or, and O-1 a big plus). Good benefits, stability, and pay in a supportive, relaxed, and professional environment, not to mention one of the most livable cities in America. Send resume, references, and writing sample to Donna Hurd, Office Administrator at

Help Wanted: Immigration Paralegal
The Chicago office of Sidley Austin, a global law firm, seeks a legal assistant/paralegal for the Immigration practice. A Bachelors degree and 4+ years experience with US business immigration is required for this position. A legal assistant certificate from an ABA-accredited institution is desirable. The candidate must also have superior analytical, writing and communication skills. Competitive compensation package offered. Submit letter of interest and resume to: or fax to (312) 456-4175.

Help Wanted: Immigration Paralegal
Prestigious Glendale, CA law firm seeks immigration paralegal with at least 3 years solid experience in family and employment based petitions, and deportation/removal defense. Excellent English writing skills and attention to detail required. Must be computer literate. Knowledge of Filipino language a plus. Must be authorized to work in the US. Friendly, collegial office environment. Send resume to Michael J. Gurfinkel: or fax to: (818) 543-5802.

Help Wanted: Immigration Attorney
Wildes & Weinberg, P.C., a premier Manhattan immigration law firm seeks immigration lawyer with 3+ years experience in corporate immigration law to handle a full range of immigrant and nonimmigrant matters. We require a person of recognized organizational, communication and technical skills to augment a high standard of client representation. E-mail resume with salary requirements and writing samples in confidence to Steven Weinberg at

Labor Certification Advertising/Recruiting
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.

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.


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

New Firm Name - Cincinnati, OH
Richard I.Fleischer & Associates has now become The Fleischer Law Firm LLC. Members are Richard I. Fleischer and Neil I. Fleischer. Practice is exclusively immigration law. 917 Main Street, Cincinnati, Ohio 45202-1314. Phone: 513-977-4209. Fax: 513-977-4238.


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:
Two comments with regard to Mr. Lee's article "Problems With President Bush's Guest Worker Proposal" (03/01/06 ID): (1) Mr. Lee's article should not make references to an "amnesty" when discussing the various pieces of legislation such as McCain-Kennedy, that would permit an applicant to eventually qualify for permanent residency based on an offer of employment. In reality, this is earned legalization; (2) Mr. Lee's article seems to suggest that a guest worker program with no access to permanent residency is useless. I would suggest that we should fight like hell for McCain- Kennedy, but in the event we fall short, let's fight like hell for a guest worker program. It will be far better than what we have now and will possibly illustrate to those who oppose it that only significant earned legalization coupled with a strong secure border will suffice.

David J. Hart, Esq.
Miami, FL

Dear Editor:
I find it interesting that Mr. Lee's article (03/01/06 ID) does not mention the welfare of US citizens in his enumeration of the goals of immigration reform. His article mentions concern for the "undocumented" and the "future of this country's leadership position", but nowhere does the article consider the impact of illegal immigration on Joe and Jane Public. We are the ones paying the social and economic costs of illegal immigration, and would find our burden increased were illegal aliens to be amnestied. We are the ones seeing our "leaders" refusing to enforce immigration laws in order to further their own interests, and the interests of those receiving the top one percent of income.

Ali Alexander

Dear Editor:
I do not think ID's statement that "Visa issuance should not be primarily about security" is 100% accurate (see 02/28/06 ID). I think that visa issuance should be primarily about security. Security has to be the number one concern for all officers, organizations and individuals involved in immigration. I think perhaps you meant that it should not solely be about security.


Dear Editor:
In response to ID's comment 02/28/06, everybody commits mistake. It is time for Professor Goverdhan Mehta to forgive and attend the conference he was invited for. It will demonstrate his maturity as a Professor. Otherwise, he will be one more case.

Vasantha R. Sural

Dear Editor:
Regarding ID's comment dated 2/28/06, you are aware of the unfair, broken immigration system which causes families to be parted for up to 10 years, through no fault of their own. My son's case is a prime example. The I-824 was filed for son before he was 21 years , within one year of visa approval, and pending at the enactment of CSPA (Child status protection act). In Oct 2002 the I-824 came back denied, (no reason given) with letter to say re-submit new I-824 once husband I-485 was approved. Husband got I 485 approved in May 2004, so sent new I-824 for son- This was approved by Texas in Aug 2004 and cable/fax sent to American consulate on that day. Eventually in approx April 2004 the consulate said, "We have no record of this approval". In Oct 2005 the consulate sent e-mail to Congressman to say "son has aged out". We have never received any formal letter from USCIS/Consulate/ DOS to say son has aged out , or why they have come to this opinion or what to do next. We have sought and paid for at least 7 attorneys opinions on sons case, all say son is protected and are shocked when I tell them what has happened but say the CSPA is badly written, it may need a legislative fix and our only option is to go to court. How about a great big public apology to all the USCIS clients. Forget the green card lottery each year, give these visas to people waiting in the queue already. Give earned LPR to E visa holders, and earnd LPR to their children so that they do not have to get out of the US at 21 years.


Dear Editor:
In response to ID's 2/28/06 comment, highjackers are given visas, Prof. G. Mehta gets his visa and an apology. Yet, so many people like myself and my husband get neither after entering the country legally and ending up undocumented due to the incompetency of the old INS.


Dear Editor:
The lengthy opinion piece on dual citizenship by John Fonte (2/27/06 ID) lacks in foresight what it makes up for in length. The legislative suggestions are particularly unworkable, and indicate the author has limited experience in the field, or alternatively seeks to establish by stealth a more draconian environment than is outlined in the article, where dual citizens become virtual prisoners of their new US passports. The reality of citizenship is that most countries do not consider foreign oaths of allegiance as sufficient to relinquish citizenship, hence dual citizens will continue to exist regardless of any act taken by the US. The article then suggests that use of a foreign passport or taking a foreign oath of allegiance becomes a felony for US citizens, failing to consider that this is a normal activity which occurs thousands of times every day around the world. Enforcing this would put the US directly in conflict with our current legal framework for citizenship, as well as that of other democratic nations. Consider a British/US dual citizen who returned to the UK for a vacation, and is required by EU law to use their European passport but forbidden by the US to use same. Likewise, many public events include oath taking - indeed, school children in the US take an oath of allegiance every day. The proposed legislation would make mundane activities like this a legal minefield for dual citizens. Claiming that there should be 'very few, if any, prosecutions' only makes the proposal seem more ludicrous. For the author to suggest such poorly considered legal remedies to the largely imagined 'crisis' of dual allegiance makes me wonder if Newt Gingrich and Thomas Bock actually read the article to which their names were attached.

A reader

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