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Immigration Daily

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Immigration Daily July 5, 2006
Previous Issues
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Lets Make Future 4ths Happy For All

This Independence Day, let us take time to reflect upon our nation's history, made up of immigrants who came from around the world in search of a better life. Continuing this time-honored American tradition of welcoming immigrants to our shores now rests with members of Congress. We urge the passage of meaningful immigration reform.

Happy July 4th from ILW.COM.

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


PQ: The PERM Quarterly

The first issue of PQ: The PERM Quarterly features the following:

  • Major Fluke In Perm Regulation: Validity Period Of PWD In Error By Joel Stewart
  • What You Do After The Ads Have Been Run? Resumes,
  • Interviews, And Results By Edward R. Litwin
  • Filing Duplicate Applications By Joel Stewart
  • Tips For Filing Schedule-A Applications Under PERM By Sherry Neal
  • Labor Certification Through PERM: An Up-to-date Overview Of The PERM Rule By Joel Stewart
  • How To File Prevailing Wage Requests By Jane Goldblum
  • Recently Emerging Issues By Joel Stewart
  • Ethics: What Do You Do When A Qualified U.S. Worker Applies? By R. Blake Chisam
  • Joel Stewart's BALCA Review By Joel Stewart
  • Note On Online Job Fairs By David H. Nachman
  • Ask The Editor By Joel Stewart <
  • Professional Recruitment Occupations From Appendix A arranged by the O*NET SOC Code
  • PERM Resources
  • Errata
CD-ROM Table of Contents:

  • PERM FAQs #s 1, 2, 3, 4, 5, 6, 7, 8
  • PERM Backlog Processing FAQs May 2, 2005
  • Revised Prevailing Wage Determination Guidance Memos (May 9, 2005, August 1, 2005)
  • Hurricane Memos (October 13, 2005, November 16, 2005)
  • BALCA Cases: (Sanchez Elvina, Inc. d/b/a Ely-Lyn House of Beauty; IBM Corporation; Cottonwood Home; Professional Staffing Services of America; Madni, Inc., t/a Silver and Watch Palace; Siemens Energy and Automation, Inc.;
  • Federal Court Case (Liberty Fund v. Chao, DOL Mandamus By Sam Udani)
  • Professional Recruitment Occupations From Appendix A Arranged By The O*NET SOC Code
  • Occupational Outlook Handbook
For more info on PQ: The PERM Quarterly, and to subscribe, please see here.


Lead, Follow - Or Get Out Of The Way
Paul Donnelly writes "Looking at the prospects for immigration reform this summer calls to mind that great American political thinker Yogi Berra: "It's deja vu all over again."


DHS Issues CIS Ombudsman Annual 2005 Report
USCIS Ombudsman Khatri delivered his third Annual Report to Congress including: how USCIS' budget and funding structure impacts its ability to deliver immigration benefits in a timely, secure and cost effective manner; summaries of the most pervasive and serious problems encountered by individuals and employers, case problems, and more.

DOS Final Rule On NIV Issuance
The Department of State issued a final rule effective June 30, 2006, expanding guidance to consular offices for the review of nonimmigrant visa issuances and refusals contained at 22 CFR 41.113(i) (new) and 22 CFR 41.121(c).

DOL Final Rule On H-1B Visas
The Employment and Training Administration of the DOL issued a final rule, effective July 31, 2006, amending its regulations regarding temporary employment of foreign professionals to implement procedural requirements applicable to the H-1B1 visa category.


Help Wanted: Immigration Attorney
Quarles & Brady seeks attorney with 1-3 years of business immigration law experience for our Milwaukee and Madison, Wisconsin offices. We are a national law firm, providing immigration services for 30+ years, with offices in Wisconsin, Arizona, Florida and Illinois. Requirements: experience in range of business immigration matters; ability to provide exceptional client service; and superb analytical, organizational and case management skills. Collegial environment and competitive salary and benefits. Submit resume, cover letter, transcripts and at least two writing samples (substantive support letters or significant memos) to: Michelle Bigler, Manager, Attorney Recruiting, Quarles & Brady LLP at

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

Help Wanted: Immigration Paralegals
Upper Saddle River, NJ - Business immigration law firm has several openings for experienced immigration paralegals for a very busy immigration practice. Candidates must have solid experience in business immigration law, including preparation of O-1, TN, L-1, H-1B, R-1 petitions and PERM labor certification cases. Experience with I-9 audits and training and employment verification process. Labor and employment experience a plus. Responsibilities include the preparation and filing of business and employment-related immigration documentation and communications with government agencies and clients. Must have excellent organizational skills, multi-tasking is a must, attention to detail, accuracy, consistency and job ownership. Ideal candidate must also possess excellent written and oral communication skills. Bachelor's degree and 1-3 years experience required for Juniors and 3-5 years required for Seniors. Qualified candidates, send cover letter + resume and salary requirements in confidence to:

Help Wanted: Immigration Paralegal
Prestigious Glendale, CA law firm seeks immigration paralegal with at least 1 year 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 U.S. Qualified applicants, send resume to: Fax: (818) 543-5802.

Help Wanted: Immigration Attorney
Prestigious immigration law firm, with LA, SF, & NY branches, seeks associate attorney for its Los Angeles, CA location. Minimum 2+ yrs experience in all areas of immigration law, including family and employment based cases, court appearances for removal/deportation, and consular processing required. Occasional travel outside LA area necessary. Fax or email resume, salary requirements, and writing sample to Office Manager at (818) 543-5802 or

Help Wanted: Immigration Attorney
Seeking an Immigration Attorney with 4+ years of business immigration experience with heavy emphasis on labor certifications for our South San Francisco, CA office. Must have excellent writing, communication and organizational skills, and strong attention to detail. We offer a competitive salary w/ benefits. Please send resume + cover letter to HR at

Help Wanted: Immigration Paralegal
Alston & Bird LLP seeks immigration paralegal for its NYC, NY office. Requirements: minimum 1+ year experience with nonimmigrant and immigrant visa processing; naturalization; detailed knowledge of INS, DOL and DOS procedures; bachelors degree; excellent organizational and computers skills. Fluency in foreign language helpful but not required. We offer a high level of responsibility and variety of challenging assignments. Work one-on-one with attorneys. Our paralegal program is supported by a Paralegal Advisory Committee that meets monthly to plan continuing education programs; organize monthly/quarterly informational lunches; plan annual Paralegals Retreat; and schedule get-togethers. We want the top echelon to join our fast-growing NYC office. We offer comprehensive technical + professional development training, cutting-edge technology, excellent benefits, competitive salaries. Qualified applicants send resume + cover letter 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 Paralegal
13 person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with Family based, naturalization and other applications a plus. Bi-lingual Spanish/English also a plus although not required. 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 and cover letter in MS Word format to Marcia Needleman at:

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:

EB-5 Investor Program
We can make you a powerful offer. A conditional green card with no quota backlog for your clients. A generous finders fee from American Life Inc. for you if allowed in your state. One of the best-kept immigration secrets ... a real estate limited partnership investment of $525,000 in an EB-5 Regional Center program gives your accredited investor clients freedom. Live anywhere in the U.S. without being tied to a job or business. No need for day-to-day management of an active business. Want to know more about the immigration benefits of EB-5 cases? Call Mark Ivener at 1-866-767-1800 to answer your EB-5 immigration questions. With more than 30 years immigration law experience and five immigration law books to his credit, Mark Ivener is American Life's Immigration Consultant. For more information visit our website, www.amlife.US.


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. To feature your newsletter in Immigration Daily, see here.

New Appointment - Acting Director
DHS Secretary Chertoff appointed Robert A. Mocny to the position of acting director of the US VISIT program, part of a continuum of biometrically-based security measures that begins overseas and across our land borders and continues through arrival in and departure from the United States.


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:
Ali Alexander's letter (06/30/06 ID) seems to agree with my point (06/29/06 ID) that race is central to the immigration issue. I am sure that his Arab immigrant ancestors, like my late 19th century Jewish immigrant grandparents, must have had to overcome prejudice and discrimination even though they all came here legally. Now it is the turn of Latinos and Asians. Regardless of legal status, or lack of it, they will inevitably change American society and "culture", like all other immigrants before them, no matter how many people we lock up, deport, or shoot at the border. R.L. Ranger's letter (06/30/06 ID) takes issue with my comment that the House bill would turn America into a vast prison camp. He might wish to re-read the bill and come up with his own estimate of how many tens of millions of illegal immigrants, legal immigrants who inadvertently violate technical provisions, and US citizens who help or merely fail to report their family members or anyone else without legal status, would become criminals if the bill is enacted into law. Even Halliburton wouldn't be able to build enough prisons to hold them all.

Roger Algase, Esq.
New York, NY

Dear Editor:
I am thankful for Mr. Algase's response clarifying his views (06/29/06 ID). I do not view race as a controlling issue in the present debate over the enforcement and reform of US immigration law, or in addressing the unfettered flow of illegal immigration, either by jumping the borders, or by overstaying a visa. The US sorely needs immigration reform. Sadly, because of the politicization of the immigration issue for the purpose of garnering the Hispanic vote in future elections, too many politicians have missed the big picture. I have long predicted that no immigration legislation will be signed into law before the November mid-term elections ... a clever political move on behalf of the Bush Administration, and other politicians, both Republican and Democrat, who propose perposterous solutions and give lip-service and take a "stance" on immigration issues, but who do not have the moxie to actually draft or vote for a decent immigration bill. It appears that once again Congress would rather would hide in the bushes and wag their heads up and down to the beat of whatever is politically expedient. After all, they can always solve the ills of the nation after the next election, or the next, or the next, or the next ... health care, social security reform, tax reform, resolving the educational crisis anyone? Eight years of Clinton, seven years of Bush ... no progress on those issues, or on immigration. But ye of little faith, do not despair, Congress will solve all those issues, along with the present rampant human rights violations in the US Commonwealth of the Northern Marianas Islands (Congressman George Miller's H.R. 5550, recently proposed) right after the next election, just like they "always" do.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I have 2 issues to comment on both appearing in the 06/27/06 ID issue. First the article in the LA times about an illegal immigrant who has been sent back. He had previsouly been deported, and came back once again illegally. It seems obvious to me that he should get the harshest treatment available in the USA. He did wrong, was punished, and did wrong again. If anything, this should prove that all the ridiculous immigrant laws in place at the moment, are totally worthless, and are duly treated as such by the behaviour of illegal criminals (and that is exactly what they are). They simply ignore the laws. Frankly, so would I if it had no repurcussions. Rob a bank and get away with it, becasue you are hungry, why not do it again, and again, and again and live happily, wealthy ever after. Secondly, the comment in the letters by Roger Algase. Why is everything always considered to be a racist situation when anyone without a white skin is brought to task for anything. I bet the only reason there are never any "stories" about "Nordic types" being harrased, is probably because we have never established our own little scapegoat. (Racism being the scapegoat for anyone else). Maybe we should invent one, just like the racism card is simply an invention and invitation to do wrong. By the way, I am an immigrant myself, and sometimes when I hear "God bless America", I can only think to myself it is more like "God help America" if you do not do something about illegal immigration immediately.

Linda Cogill

Dear Editor:
It's very obvious here that debate about immigration is not about race but about fear of competition. Even previous immigrants regardless where they came from who become US citizens now fear that those illegals and even legal immigrants will take their jobs and decrease their wages, but please don't forget Americans' job can easily be replaced by robots, automated machines and computers and we can look at our airports and hotels now where customer service agents being replaced by automated check in machine. And also jobs can be outsourced to China, India, Eastern Europe etc. Will all those folks here write their lawmakers to ban US companies using robots and outsource jobs to slash costs to meet global and domestic customers' for better service but lower price tags ? I am not a globalist, but free trade and globalization are real and they're good to create global level playing field. It's about time that those who posses more skills and productivity will be rewarded equally and fairly anywhere in this planet regardless their nationalities. I don't see any justification to pay Mr. X 10 times more if he's not 10 times smarter or more productive just because he's a US citizen.

Robert Yang

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