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Immigration Daily

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Immigration Daily March 16, 2006
Previous Issues
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New Duties For OSI

According to New York Newsday, "The [Anti-Atrocity Alien Deportation Act] law [enacted in December 2004] essentially turned the Office of Special Investigations (OSI) from an exclusively Nazi-hunting operation into a unit that now seeks to prosecute any naturalized citizens who have committed government-sponsored extra-judicial killings, torture and genocide." For the full story, see here.

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


Complex Issues In Adjustment Of Status

ILW.COM is pleased to announce a 3-part telephonic seminar on complex issues in Adjustment of Status. The curriculum is as follows:

FIRST Phone Session on Mar 23, 2006: Employment-Based Adjustment

  • Refresher - INA 245(a)(3) & the Visa Bulletin
  • Retrogression - What caused this train wreck? Any legislative relief coming?
  • Effect of Retrogression on how Child Status Protection Act works - Scenarios
  • EAD and Adv Parole renewal issues - 485s transferred to district offices
  • Transferring I-485 between I-140s - effect of retrogression and the May 2000 memo
  • Maintenance of H-1B Status - discussion of AC21 104(c) as alternative to AC21 106(a); pending I-140 situations.
  • Portability and Retrogression - Scenarios
  • Portability Updates - May 12, 2005 Yates memo & USCIS Adopted Decision dated October 18, 2005

SECOND Phone Session on April 20, 2006: Family / Diversity Visa

  • Direct Filing (Lockbox) Updates - problems and recommendations
  • V visa update - one year after Akhtar
  • Who does Akhtar not cover?
  • VAWA Adjustments - procedures and tips
  • Discussion of DV Lottery adjustment procedures & issues
  • Security Name Check problems & resolution - Mandamus?

THIRD Phone Session on May 11, 2006: Adjustment in Removal Proceedings / Refugee/Asylee Adjustments

  • Latest on Arriving Aliens - Succar v. Ashcroft - Discussion on the Federal Circuit Case Law & Splits
  • Latest in refugee & asylee adjustments practice - changes and guidance from USCIS
  • REAL ID - Lifting of the asylee adjustments cap & continuing validity of the Ngwanyia settlement
  • Update on Multiple-year EADs
  • Post-Adjustment issues for Refugees/Asylees - use of refugee travel documents and question of travel back home to country of persecution
The deadline to sign up is Tuesday, March 21st. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


PERM - Registration Guide For Employers And Attorneys
Carl Shusterman writes "PERM requires that the employer register online, set up an account and create a sub-account for their attorney."


USCIS Awards Rep. Lantos With First Outstanding American By Choice Award
USCIS Director Gonzalez awarded Rep. Lantos, the only Holocaust survivor serving in Congress, with the first "Outstanding American By Choice" certificate, a new USCIS initiative highlighting the significant contributions of naturalized US citizens and demonstrates the positive impact of immigration by recognizing naturalized citizens who are making a special difference in their communities.


Help Wanted: Immigration Paralegals
Siskind Susser, one of America's largest and best known immigration firms, is seeking experienced business and employment immigration paralegals in its Memphis headquarters office. Booming Memphis, Tennessee is one of America's most affordable and liveable cities. Candidates should have 3+ years experience and be strong writers. Siskind Susser was recently rated by Chambers and Partners as one of the top 15 immigration practices in the US based on our cutting edge use of technology and our strong reputations in the healthcare and entertainment immigration sectors. Evenings and weekends are rarely required, but we have a productivity bonus program that rewards people who voluntarily seek extra work. Benefits include health, cafeteria, retirement. Salary negotiable. Send resume to Greg Siskind at

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. Send your resume and cover letter to Mary Kelkenberg at

Help Wanted: Immigration Attorney
Chicago, IL - Small, collegial Loop law firm seeks immigration lawyer with 2+ years experience in employment-based immigration: H-1B, L-1, E-1/2. Proven experience in labor certs and PERM are a must. Pension benefits; competitive salary. Please fax response to 312-357-0328 or email No calls please.

Help Wanted: Immigration Paralegal
Jenkens & Gilchrist, a large national law firm, currently has an opening in the Dallas office for a paralegal with 4-5 years of experience in immigration law. The ideal candidate will have an undergraduate degree, a paralegal certificate and experience in all facets of business immigration, including H and L nonimmigrant visa petitions, standard and PERM labor certification filings, I-140 visa petitions in all preference categories, consular processing and adjustment of status. Able to multi-task and work in a fast-paced environment. Non-exempt position, hours: 8:30am-5:30pm. Must be flexible for overtime. Will not relocate/local residents only. Send resume to Steve Ladik at

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 and Virginia Offices. 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 Paralegal
One of the Midwest's largest law firms has an immediate opportunity for an experienced paralegal to join its Immigration Department in Chicago, IL. The ideal candidate must possess: at least 3 years of experience in business immigration and consulate visa processing; excellent verbal and written communication skills; exceptional organization skills; effective teaming skills; self-motivation; and, the ability to perform multiple tasks in a fast-paced environment. Bachelor's degree preferred. Excellent work environment, competitive salary and benefits. Visit Submit resume, writing sample and salary requirements to Debby Usher at:

Help Wanted: Immigration Professional
AIESEC has an immediate NYC opening for a visa program manager position. Responsible for all aspects of Exchange Visitor Program (EVP+). The EVP+ program rapidly provides immigration attorneys and corporations with a fast, high quality J-1 sponsorship alternative. Work with 100+ immigration attys and company HR reps to sponsor individuals on J-1 training visa. The manager reviews and sponsors hundreds of individual applications on J-1 training programs. Must have customer relationship management skills and experience; motivated self-starter, with excellent follow-through skills, who can work independently; exceptional communication, organization, and analytical abilities; legal or immigration background, experience and knowledge a plus. Business hours are 10-6pm, some wkends on as needed basis. Medical, dental offered, salary negotiable, DOE. Send resume + cover letter to Christopher White:

Help Wanted: Immigration Attorney
Well established Midtown New York City firm has an opening for an attorney with experience in immigration related litigation, including handling defense of aliens before Immigration Court, the BIA and the US Courts of Appeals. The firm represents corporate and individual clients in all aspects of the immigration process. Individual will concentrate on litigation side of practice but will also be involved in non-immigrant appeal work and brief writing. Candidates should have 3 to 5 years experience. Salary commensurate with experience. Submit resume + cover letter stating salary requirements and a circuit court writing sample in confidence to Steven Weinberg:

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.


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:
My partner, Gary H. Manulkin, came up with this insightful response to the USDOL proposal to end legal representation of aliens in the labor certification arena. Aliens enjoy a statutory right to counsel per the INA. The labor certification authority is granted to the Secretary of Labor per the INA. USDOL cannot revoke a statutory right by rule making.

William B. Bennett, Esq.

Dear Editor:
In response to ID's 3/15/06 comment, I am against labor substitution bacause a lot of companies file a labor cert and then sell the labor cert. So sometimes people in the line for 4 to 5 years they do not get a labor cert and someone comes and obtains a recently approved labor cert and eventually gets the green card first. Also I will encourage DOL to, once someone's labor cert is approved, then he/she can change companies, even though he/she does not file a labor cert again from the start. He has to start from the remaining process like I-140 and I-485. This labor substitution benefits only the consulting company. It does not benefit any employees. I encourage Immigration Daily readers to stand against labor substitution.

Ajay Desai

Dear Editor:
I am an American citizen and I have ancestors who immigrated here. There are very few of us who have American Indian heritage so, most of us at one point or another had a grandparent who came here from another country. So many people complain about immigrants coming here and taking jobs away from Americans. I wonder how many of our own great grandparents did the same thing and if so, how many people disliked it. Why should we have prejudice against immigrants when we ourselves owe our presence here to people just like them? As Americans, we many times think we invented everything, are the best at everything, the smartest and most civilized and that we should teach the whole world what we know. The truth is we have much to learn first "about" other countries then "from" other countries. My wife is from a modern city in Brazil. I met my wife a year ago and we later married in the city where she lived. We have had a mountain of paperwork and over $5000 in expenses for her to be a legal immigrant and resident of this country. She has two college degrees and is a professional English teacher. We married for love and as a husband and wife suffered terribly being apart. I wonder how many American citizens would become "undocumented" if they had to go through this to "stay" here. It's a high price to pay and, after having this experience, I can see why there are so many undocumented immigrants here. If we just try to understand each other more and work together we might learn that intelligence and ideas come from all over the world and not just the US.

Steve Bossler
Hummelstown, PA

Dear Editor:
I live at the ocean front in Virginia Beach and I see a lot of people. It scares me when I know immigrants are coming in without completely being checked out. In early America, just anybody could not enter this country, a lot of people were turned back. Our borders are not safe enough today. I remember WWII when the Japanese and Germans were here where I live, our Coast Guard ships were destroyed, we sank their ships here, but the Germans got off their ships and walked these streets. Today, people are allowed into the country with no stipulation. There are safety risks, health risks. I know when my forefathers came in the early 1600's, this was a Christian nation, they are trying to get rid of all of this and let the godless people rule. Many of these people entering are our enemy and they do not change just because they are here, they bring their ways and do not want to blend in, they want to take over. When will it stop? When will we be protected and safe again, when will the children have a future again? We have to know who is coming in, where they are coming from, and let us make the rules, not them.

Kate Priddy

Dear Editor:
Here's my point to Hillary Clinton in response to ID's 3/10/06 comment regarding Hillary's Clinton position on immigration. On September 30, 1996, husband former President Clinton, signed into law IIRAIRA, full of draconian provisions.

Tony Weigel

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