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Immigration Daily April 14, 2006
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Last Day For Substitution Comments

The deadline for submitting comments to DOL on allowing the substitution of alien beneficiaries on permanent labor certification applications is April 14, 2006. Comments can now be submitted by email with RIN 1205-AB42 in the subject line of the message. For those with substantive comments, please note two items of form which will help your comment to have impact: (1) make sure that your comment is addressed as exactly as indicated in the Federal Register notice (2) qualify yourself for your comment, i.e. explain via your particular expertise/perspective why you have an opinion which DOL should take into account. For the full substitution proposal and request for comment, see here. AILA has provided an easy to use form for online comments, see here. We encourage all our readers to send in their comments.

At 71 FR 7659 DOL says "The DOL has concluded that tolerating the sale of a public benefit is simply bad government." In recent years, governments across the world have come to realize that a healthy dose of free market capitalism is good government. Indeed, much of the current cellular phone radio spectrum was allocated through free transactions by the industry outside of FCC diktat. The DOL officials drafting this proposed rule seem to have read too much of Karl Marx and too little of Adam Smith. The key proof of this appears at 71 FR 7660 where DOL says "The Department is proposing in 20 CFR 656.12 to prohibit improper commerce and several types of payments related to permanent labor certification applications and certifications." What exactly is "improper commerce?" The same paragraph quoted above says "proposes in Sec. 656.12(a) to create an explicit and complete ban on the sale, barter, and purchase of labor certification applications and certifications." So, if "improper commerce" is "an explicit and complete ban on the sale, barter, and purchase", what is the proper commerce that DOL would implicitly bless? It is clear that DOL is against commerce as good Marxists would be. Only that explains the pejorative use of "black market" throughout DOL's comments to the proposed rule. With this dim view of the market and market forces at DOL, it is small wonder that America's employers feel intimidated from availing themselves of the labor certification provisions that Congress has enacted into statute. That would explain why at 71 FR 7661 DOL estimates that only 60,000 out of over 22 million small businesses in the US avail themselves of labor certification. DOL deserves no small part of the blame in forcing American employers to hire aliens without documentation.

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


Adjustment In Family/DV Cases

The curriculum for the Family/DV session of "Adjustment Of Status In Immigration Practice Today" is as follows:

  • 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?
The deadline to sign up is Tuesday, April 18th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Tax Treaty Benefits For Students And Business Apprentices From India
Paula Singer, Esq. writes The United States has income tax treaties with over 60 countries, all of which provide exemption from tax for residents of the treaty country who come to the US for the primary purpose of their education or training."


DOJ Immigration Litigation Bulletin: October 2004
The Department of Justice Office of Immigration Litigation released the October 2004 issue of its publication, Immigration Litigation Bulletin.


Help Wanted: Immigration Paralegals
Immigration attorney seeks experienced immigration paralegals for its Paterson, NJ office. Ideal candidate must have experience working in an immigration law firm; possess excellent verbal and written communication skills, and the ability to perform multiple tasks in a fast-paced environment. Excellent benefits including medical, dental. Friendly office environment. Send your resume to Melinda Basaran at:, or fax 973-345-6888.

Help Wanted: Immigration Paralegal
Exceptional and challenging career opportunities available for you at Fragomen, Del Rey, Bernsen, & Loewy, a prominent business immigration law firm. Ideal candidate will have 2+ years of business immigration experience (NIV and IV) and will be able to work in a high-volume case-processing environment. Candidate will have extensive client contact and will utilize case management and billing systems to prepare, track, and manage cases in process with the benefit of attorney supervision and guidance. College degree, MS Word, and Windows 2000 required. Fragomen offers highly competitive salaries and growth opportunities. All qualified candidates interested in working in our Dallas, TX office, please send resume + writing sample to

Help Wanted: Immigration Attorney
Midtown NYC - 13 person fast paced, leading immigration law firm seeks lawyer with 5+ years of business immigration experience. Handling full range of diverse nonimmigrant and immigrant matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please email cover letter and resume in MS Word format to Marcia Needleman at

Help Wanted: Immigration Attorney
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:

Help Wanted: Immigration Attorneys
Houston, TX - The Law Office of Judith G. Cooper, P.C. seeks senior level associates with 5+ years' experience in business immigration law. Applicants must have prior work experience in H1B and nonimmigrant options as well as an in-depth understanding of immigrant processing procedures. Our attorneys work in a fast-paced practice with advanced practice tools and a state-of-the-art proactive case management system developed in house. We expect the attorney to supervise legal assistants and support staff and work with our IT development staff to continue improving our systems. Good writing and analytical skills required. Our location is adjacent to the famous Galleria shopping center in Houston. Family friendly and collegial atmosphere. Send resume + cover letter to Chuck Cooper at or fax (713) 622-8078. All communication will be treated in confidence.

Help Wanted: Immigration Attorneys
Berry, Appleman & Leiden LLP, a global corporate immigration law firm seeks experienced attorneys with 3+ years practicing business immigration law for our San Francisco, CA and McLean, VA 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, 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 resume or fax 415-217-4426.

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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:
Mr. Lee's article (04/12/06 ID) claims that U.S. foreign policy creates forced migration. Agreements such as NAFTA and CAFTA have been eagerly sought by foreign governments, and agreed to by the US government even when it harmed American workers. Mexican workers, for example, were supposed to be employed in maquiladoras created by US firms, and that has happened. However, China has also emerged as a competitor to cheap Mexican labor, and can underbid Mexico. That is not the result of US foreign policy. If anything, one should consider the domestic and foreign policies of countries such as Mexico who support illegal immigration as a way to alleviate their own political and social issues, and get dollar remittances to prop up their economies. His article also claims that "undocumented workers deserve more than second-class citizenship". They do not have any citizenship or legal status in the US, hence are not even second class citizens. Nor should they be. They should be first class citizens - in their home countries. Many of us have wondered, I'm sure, just why it is that illegal aliens have the nerve to march for "rights" in the US, but are so reluctant to do so in their home countries. Or, is building their home countries just work illegal aliens won't do? Finally, the article notes that Mr. Reagan's amnesty provided legalization for 6 million people. However, Mr. Reagan's amnesty was originally sold as being for 300,000 illegal aliens. The enforcement provisions in that program were gutted by Senator Kennedy - the same Senator who is now sponsoring an amnesty bill in the Senate. As Senator Tom Tancredo noted in a letter to the WSJ recently, it is this earlier action by Mr. Kennedy which makes his colleagues reluctant to trust any amnesty program without enforcement first.

Ali Alexander

Dear Editor:
No doubt some government committee would, after several months of study and millions of taxpayer dollars wasted, determine that the Mexican raccoons, rats, bears and snakes are just killing the prey that American animals are unwilling to hunt. Congress should congress some sort of 'animal amnesty' for these hard working foreign creatures that are just trying to feed their families. Perhaps there could be a new kind of "L1" visa - an "intra-species" transfer? (see 04/12/06 ID comment).


Dear Editor:
My Immigration Daily is back (see 4/10/06 ID). I appreciate getting the Daily via email again.

Alice Moran

Editor's note: Anyone experiencing Immigration Daily delivery problems can send an email to and we will look into the matter for you.

Dear Editor:
All the people are talking about the comprehensive immigration reform bill that is being discussed in the Congress. Congressmen should pay attention to those who have been legally waiting for years for the immigration visa to be made available to come to the US to join their parents. Separating the children from their parents for years is not fair and just. The Diversity Visa is of no use now, and it is only a burden to the tax payers. The sponsors that sponsor for their children to come to the US, may have contributed to the US by paying taxes for years before they sponsor. But, the DV does not require any sponsors, and the DV winners start consuming the tax payers' money as soon as they arrive to the US.Congressmen should abolish the DV program and transfer its allocated 50,000 immigrant visas to the family-sponsored preferences.

S. Salike

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Publisher:  Sam Udani    Legal Editor:  Michele Kim