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Immigration Daily

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Immigration Daily May 18, 2006
Previous Issues
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USCIS announced Jeff Conklin's appointment as USCIS Chief Information Officer (for details, see press release below). While USCIS should be commended for its use of technology to deliver timely immigration information, it has lagged behind other federal agencies (e.g. the IRS) in its application of technology to import client data, e.g. USCIS e-filing initiatives. USCIS must work closely with immigration software providers to publish software standards for USCIS e-filing. We note that USCIS CIO Conklin served 10 years in the US Marine Corps as an information systems management officer and platoon commander in a variety of Marine units. His Marine experience, long regarded for grooming unconventional thinkers, will put him in good stead to reinvigorate USCIS's status quo mentality.

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


Mid-Year Update In Immigration Law Practice

The curriculum for ILW.COM's latest 3-part telephone seminar series is as follows:

FIRST Phone Session on May 25, 2006: Business Immigration Issues - Part 1

  • Bi-specialization: where to file new cases? Where to file concurrent I-140/I-485 cases? What's the impact of bi-specialization?
  • Employment Verification and Enforcement: how to prepare clients for an audit? How to advise clients on contractor issues? How to advise employers on "no-match" letters from the social security administration? What civil and criminal penalties are possible from an ICE investigation?
  • PERM and Backlog Update: What issues are leading to Notice of Intent to Deny from the backlog centers? What are the common issues in denial of PERM cases? How to reopen a case at the backlog center that has been erroneously closed? What to do if a "45-day letter" has not been received?
  • Anticipating the H-1b Cap: which employers are exempt from the cap? Which foreign nationals are exempt from the cap? Can foreign students remain in the U.S. while waiting for an October 1st H-1b? Can foreign nationals "volunteer" while waiting for an H-1b? Must employers terminate foreign student employees caught in the H-1b cap or is leave of absence acceptable?
  • Legislative Update: what impact may legislation have on business immigration?

SECOND Phone Session on June 8, 2006: Family Immigration And Removal Issues

  • Non-immigrant visa options for family members: what visa options are available? What are the criteria?
  • Immigrant visas: What's the impact of overstay and/or unauthorized employment? What criminal issues lead to denial? What waivers are available? When is adjustment possible during a removal process?
  • Removal Issues: Is cancellation of removal a good solution? What are the issues connected to Mandatory Detention? Is voluntary removal a good solution?
  • Inadmissibility vs. Removability: What's the significance of inadmissibility and removability? What are the remedies for inadmissibility and removability?
  • Legislative Update: what impact may legislation have on family immigration?

THIRD Phone Session on July 13, 2006: Business Immigration Issues - Part 2

  • Reports from some of the busiest Consulates in East Asia
  • Consular Processing: Inadmissibility- what are the grounds of inadmissibility for non-immigrant visas? What are the grounds of inadmissibility for immigrant visas?, Waivers- what are the criteria for waivers of inadmissibility for non-immigrant visas and immigrant visas? How to apply for a waiver of inadmissibility, Dealing with Delays- Is it possible to expedite an appointment? Is it possible to speed up the security clearance processing? How to handle age-out cases? What impact may legislation have on business immigration?
  • Schedule A cases: Is it possible to expedite processing to avoid retrogression? What if the healthcare worker doesn't have a healthcare certificate at the time of the interview? What if the work location has changed since the approval of the I-140 petition?
  • H-2B and Other Essential Workers: which occupations qualify? How to prove "temporary" need? How to deal with the quota?
  • Late Breaking Hot Topics including H-1B Cap Update
  • Legislative Update: what impact may legislation have on consular procedures and processing times and other business immigration issues?
The deadline to sign up is Tuesday, May 23rd. For more info, including speaker bios, detailed curriculum, and registration information, please see: version:


Bordering On Failure: The US - Canada Safe Third Country Agreement Fifteen Months After Implementation
Deborah Anker et. al write "Fifteen months after implementation, the statistics and observations collected from the fact-finding investigations indicate that the Safe Third Country Agreement not only fails to accomplish its stated goal of securing the border, but indeed makes the border less secure, endangering the lives of refugee claimants and threatening the security of the US and Canada."


USCIS Announces New CIO
USCIS announced today announced the appointment of Jeff Conklin as the Chief Information Officer of USCIS.

DOS Issues Cable On Student Visa Processing
The Department of State issued a cable May 2006 on student visa processing.


Help Wanted: Immigration Paralegal
Alhambra, CA - The Law Office of Daniel Huang, specializing in immigration and nationality law seeks immigration paralegal for growing practice. 2+ years of experience required in the following areas: Labor certification, PERM/RIR, H-1B and E1/E2 visas, K-1 and K-3 visas, adjustment applications and consular processing. Experience with family based petitions required. Ability to speak Mandarin or Spanish a plus. The paralegal will work independently and be able to manage/complete a case with little or no supervision. We offer (1) friendly work environment, (2) reasonable work hours, (3) competitive pay and benefits. Email resume + cover letter in MS Word format to: or fax to (626) 289-0005.

Help Wanted: Immigration Paralegal
Newark NJ, Gateway One - Immediate opening in 12 attorney prestigious law firm. Ideal candidate possesses college degree, foreign language fluency and 2+ yrs. employment-related immigration experience. Excellent writing and communication skills required. Able to work independently and as a team player. Interact with firm corporate clients. Great working environment, competitive salary and generous benefits. Send resume and cover letter to Anthony F. Siliato, Esq. at

Help Wanted: Immigration Paralegal
Hogan & Hartson, LLP, a prominent Washington, D.C. law firm seeks top-notch business immigration legal assistant. Bachelor's degree and minimum 2 years business immigration experience required. Candidate should have solid background in preparation of all business immigration flings: H-1s, L-1s and TNs and labor certifications. Successful candidate should also have superior organizational and interpersonal skills; excellent oral + written communication and attention to detail, plus the ability to work independently as well as part of team. Outstanding benefits and work environment, convenient Metro Center location, 401(k), back-up childcare center, competitive salary and structured bonus program. EOE M/F - please email resume + cover letter to Dayna Lusby, Legal Assistant Manager:

Help Wanted: Immigration Paralegal
Midtown NYC - 13 person immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with family based, naturalization and other application a plus. Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Email resume + cover letter in MS Word format to

Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal for its Washington D.C. office. FDBL offers a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate has 2+ years experience with all aspects of business immigration and will have the benefit of attorney supervision and guidance. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (PERM), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, and TNs). Paralegal will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as team resource. Comprehensive compensation pkg. Fax resume + cover letter to Allison Bettridge, HR/Office Manager, at 202-371-2898. For addtl info, please contact Ms. Bettridge at 202-223-5515. FDBL is an equal opportunity employer.

Help Wanted: Immigration Attorneys
New York, NY - Full-time and part-time positions available at a boutique business immigration law firm in Midtown. We enjoy a diverse practice with a lot of client contact. Candidates must be detail-oriented, organized, self-starters, with excellent writing and interpersonal skills. Positions available for those with 1-2 years experience, and 2-5 years experience. Salary DOE. Fax resume + cover letter in confidence to: M. Bailey at (212) 818-0625 or email:

Help Wanted: Immigration Professional
Washington DC - Amnesty Intl (AI) seeks a Director for its Refugee Program. Duties: develop dynamic strategies to promote int'l human rights law and standards pertaining to refugees/asylum-seekers/other forcibly displaced persons; develops responses & actions on important policy questions, promotes AI's positions with Congress and federal agencies, and analyzes emerging areas of law; produces reports & activities for AIUSA's members concerning US asylum/refugee policy and works with AIUSA's membership structures to promote needed changes in US policy; maintain AI's standing among coalition partners. The AIUSA Refugee Program works in coordination with other AI national sections. Bachelor's degree required (advanced degree preferred) and 7+ years of professionally related work experience on refugee/asylum issues. Excellent knowledge of int'l legal standards related to asylum/refugee status. Excellent writing and analytical skills. Knowledge of int'l refugee issues and experience working with int'l refugee protection agencies highly desirable. For more info, see here. Send resume + cover letter to or fax 202-546-7142. No calls please. EOE. Position open until filled.

Help Wanted: Immigration Paralegal
NYC based Immigration Law Firm, Keshab Raj Seadie, P.C., needs experienced paralegal. Immigration paralegal responsible for about 100 open files (50% PERM labor certs, 50% other non-immigrant visa applications). Job duties include preparing: non-immigrant visa applications, family sponsored adjustment of status, employment-based immigration applications; processing consulate processing; and assisting attorneys in removal/deportation proceedings. Must have at least 2 years of solid experience with positive references. Other requisites include: computer literacy, excellent oral/written communication skills, great organizational skills; attention to detail; self-motivated and professional in attire, demeanor and workmanship; Excellent people skills. Fluency in Japanese or Chinese helpful. Please include salary requirements when submitting your resume to

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: Readers interested in learning about featuring your event or conference in Immigration Daily, see here.

Immigration Panel Discussion - Washington, DC
Judicial Watch is pleased to announce a free panel discussion entitled "New Fronts in the Immigration Battle Amnesty, Law Enforcement, Human and Drug Smuggling". Thursday, May 18, 2006, 9 -10:30 a.m. National Press Club's First Amendment Lounge, 14th & F streets, NW, Washington, D.C. Contact: Jill Farrell,, (202) 646-5188


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:
Immigration Daily appears to believe (05/17/06 ID comment) that the Senate's failure to add the Isakson amendment to the Senate bill strikes a blow at "anti-immigrationists". The amendment requires, from what I have read, that DHS certify that the borders are secure before any "earned citizenship" program is implemented. If anything, it seems to me, the failure of the amendment puts the American public in danger. The amendment also represents something that a majority of the American people have indicated they want: secure borders and enforcement before any new guest worker program or amnesty is enacted. Not unreasonable given the fraud that the 1986 enforcement provisions turned out to be. I can think of nothing more certain of strengthening opposition in the House and with the public than a Senate bill which provides for amnesty before the will and ability to enforce the law is proven. The second amendment that the Senate believes will ease these concerns requires the President to certify that the legalization program is necessary for "national security". Is this the same President who has waited more than 4 years after 9/11 to even attempt to secure our borders? Is this the same President who supported the Dubai Ports deal? The same President who has NSA spying on Americans while illegal aliens work in our ports and on our military installations, and even serve in our military? Somehow, I doubt that the public shares his vision of "national security".

Ali Alexander

Dear Editor:
Bush's speech went ok but I don't believe we need comprehensive immigration reform. He says we need a bill that deals with the porous border and deals with 12 million invaders who are already here. Poppycock. Nowhere is it written that both of these issues have to be tackled at the same time. If a water pipe breaks in your house and your furniture and carpet is ruined, are you going to start looking for new furniture and carpet or are you going to run outside and shut off the main valve and then fix the mess inside? We already have immigration laws in place. Enforce them. I have a three step plan: (1) we need about 15,000 National Guard patrolling the border with the Border Patrol. (2) Painfully fine employers for each illegal alien that they employ. I want to hear groans. (3) Amend the Constitution so that only children born to US citizens can get automatic citizenship in this country (this will eliminate border baby-droppings). Why Bush is so adamant about this guest worker program is beyond me. No amnesty. They broke the law. It may be a misdemeanor to enter our country illegally, but once (s)he forges a document - well (s)he becomes a felon. Evading taxes is a felony. If I forged a document and didn't pay my taxes would the government give me some sort of relief because I broke the law? Uh, no. We need to send a no-tolerance signal to the world - you are welcome here if you abide by the laws. If you don't - bye bye. Why is this so hard to understand?

J. Michaud
Largo, FL

Dear Editor:
Immigration Daily readers who would like to support immigration reform, go to the United Farm Workers website where they can sign online petitions.


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                        ISSN:   1930-062X