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Immigration Daily July 19, 2006
Previous Issues
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Letter From Army Sergeant

Immigration Daily received the following letter to the Editor:

"I don't know what to do anymore. I did a petition for my wife in Nov. 2001 (I-130) It finally was approved in Aug. 2005. I am now a U.S. Citizen and a soldier in the U.S. Army who just came from Iraq. My wife Maria and I have 2 boys who were born here in the U.S. She received a letter from INS saying that she had to go back to our native country (Nicaragua) to the U.S. Embassy in Managua to finalize and obtain her permanent residency (green card). She got there and was told that her case won't be attended until 6 months to a year from that date. (November 2005) She recently called to check the status and was told that they do not deal with immigration, the people who do are at the U.S. Embassy in Honduras. The U.S. Embassy in Honduras is not granting any visas to anybody at the moment. So my wife's case is on a standby along with thousands of people. Given the fact that I am a U.S. Citizen and a U.S soldier in the Army who just came from Iraq and my Congressman won't answer my letters or e-mails along with my Senator, What can I do to bring my family back home here in California? If you can help me or even tell me where to go or who to write please let me know." - Sergeant Alfredo C. Ubau, U.S. Army
Sergeant Ubau is clearly caught in a bureaucratic tangle. We hope that USCIS will be able to resolve his immigration situation and bring him much deserved relief.

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


PERM Practice Here And Now

ILW.COM is pleased to bring you "PERM Practice Here And Now", a 3-part telephone seminar on the latest in PERM practice. The curriculum is as follows:

FIRST Phone Session on Jul 27, 2006:

  • Refiling and Duplicate Filings
  • Definition of Employer: Domestic and Foreign
  • Types of Employers: Corporations, Individuals, Associations, Partnerships
  • Corporate Identity: FEIN, NAICS, & Documentation of Business
  • Responsibilities of Parties: Employer, Contact Person, Agents, Attorneys, and Alien
  • Prevailing Wage Strategies: Preparation of Requests at SWA, Defining Skill Levels, Using the OES Analysis, SVP and O*Net Criteria
  • Wage Offers and Wage Ranges
  • Roving Workers and Moving Worksites

SECOND Phone Session on Aug 17, 2006:

  • Minimum Requirements
  • Planning for 2nd or 3rd Preference
  • Alternate Requirement Options
  • Understanding Related Occupations
  • What Happened to Training?
  • Details Required for Job Duties
  • H-12: Are Requirements are Normal in the US
  • Foreign Languages
  • Special Skills
  • Combination of Occupations
  • Offering the Job to a Specific Alien
  • Live-In vs. Live-Out Requirements
  • Special Handling for College or University Teachers

THIRD Phone Session on Sep 14, 2006:

  • Ins and Outs of SWA Job Orders
  • Tips on Sunday Ads
  • Recruitment Options for Professionals
  • Notice Requirements & Layoffs
  • Alien Data, Current Address & INS Status
  • Proving Alien Qualifications on 9089: Education, Training and Work Experience
  • Documenting Special Requirements & Licenses
  • How & When to Use the Magic Language
  • Who Has to Sign the 9089 and When?
  • Employer Declarations
  • What to Do After Filing!
The deadline to sign up is Tuesday, July 25th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Unequal Access: Immigrants And US Health Care
Sarita A. Mohanty writes "Despite the important role that immigrants play in the U.S. economy, they disproportionately lack health insurance and receive fewer health services than native-born Americans."


Criminal Complaint Charges Company Employees Where Subcontractor Hires Undocumented Aliens
In US v. Witt, et. al, 06-2059M-1, complaint filed in USDC Eastern Kentucky May 08, 2006, the ICE agent filed a criminal complaint charging Defendants, the supervisors at Fischer Homes, a construction company, for harboring undocumented aliens for the purpose of commercial advantage and private financial gain, in violation of 8 USC 1324(a)(1)(B)(i) and 8 USC 1324(a)(1)(A)(iii) and (a)(1)(A)(v)(II). We believe this is the first time that a criminal complaint for harboring has been filed against an Company's supervisors for undocumented aliens that were employed by a sub-contractor.


Help Wanted: Immigration Paralegals
Santa Monica, CA - Wolfsdorf Immigration Law firm, an AV rated 50+ employee law firm, has several paralegal positions available. There is enormous growth potential in our pleasant working environment. The positions require 2 to 5 years of business immigration experience, including a full range of diverse nonimmigrant and immigrant matters. Qualified candidates must have excellent writing, communication, organizational & case management skills. We offer competitive salaries and benefits and we encourage and promote our employee's professional growth and development. Please send your resume with a cover letter and salary requirements to: Join us and help contribute to one of the most dynamic immigration practices in Southern California.

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

Help Wanted: Immigration Professional
Corporate/immigration Legal Assistant - Moore & Van Allen PLLC has an exciting opportunity in business immigration law with a large, full service law firm in Charlotte, NC. Prior immigration experience not required. However, candidate must have interest in working with large business immigration practice with multinational clientele. Candidate must be well-organized and have strong attention to detail. Candidates fluent in Standard Mandarin and/or Standard Cantonese preferred. Preference also given for candidates with experience working with clients in China, Singapore, or Japan. Salary is negotiable and commensurate with experience. Attractive benefits package offered. Relocation assistance may be provided to the right candidate. Please submit letter, resume and salary requirements to Stephen Hader Esq.:

Help Wanted: Immigration Paralegal
Charlotte, NC - Large business immigration practice seeks experienced immigration paralegal. Undergraduate degree required. Candidate must be well-organized; have strong writing, communication, and computer skills; have strong attention to detail; and have ability to work independently on multiple tasks. Prior employment-based immigration experience preferred. Candidate should also have experience working with Fortune 500 clientele and international executives. Salary negotiable and commensurate with experience with an attractive benefits pkg. Relocation assistance may be offered to right candidate. Submit cover letter, resume + salary requirements to Steve Hader Esq.:

Help Wanted: Immigration Paralegal
Phoenix, AZ area - Join a team that works hard in a relaxing, collegial atmosphere. Employment-based firm with Fortune 500 clients seeks a full-time paralegal. Must have at least two years employment immigration experience including H-1B, L-1, TN and labor certification. Physician J-1 waiver and NIW experience a plus. Must be highly motivated, detailed-oriented and have outstanding communication, technology and people skills. College degree preferred. Excellent salary and benefits including health, dental, vision, long and short term disability and retirement benefits. Arizona offers year-round hiking, camping, boating, professional sports and the Grand Canyon. Email cover letter with resume + salary requirements to Theresa Talbert:

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.

Offshore Services For Law Firms
We offer a wide range of back-office & clerical support services to immigration attorneys in NIV and IVs, including managing checklists, form completion, drafting cover/employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. Our services cover document generation, data entry, accounts, scheduling/calendering, clerical & archival. Quantum Technologies, Inc. is a sister company to Adnet Advertising Agency, the worldwide leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms enabling them to cost effectively and securely outsource law firm back office processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as a virtual extension of your office providing 24 x 7 support and significant cost savings. Convenient billing options are available. For more info. contact Johaina Mumtaz at or call 212 406-3503 ext 224.


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.

Immigration Event
The Heritage Foundation is pleased to announce "Rethinking Visa Policy for the 21st Century". Join us as our panelists discuss how to improve U.S. visa policy to strengthen our public diplomacy. Monday, July 24, 2006, 11:00 a.m. 214 Massachusetts Ave NE Washington DC 20002-4999. RSVP:


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:
What the Roger Algase letter (7/18/06 ID) calls "draconian enforcement" of immigration is only what is needed to gain control of our porous borders and policies. Those who reject the enforcement first position really aren't interested in a rational solution and only continue and compound the problems and confuse the issue with a false or misplaced concern for the human rights of foreigners above our national interests. What would be accomplished in adding new entry laws if like many existing ones, they aren't enforced? My letter of 7/17/06 ID was not extolling the strict "virtues of separation of cultures" and was only general and comparative. My position is that of Restrictionism which my letter plainly covered, that limits entry in an orderly and fair manner and doesn't radically change existing society from pre-1965. Prior to the Hart-Celler Act of 1965, the national origin quotas were based generally upon the existing ethnic mix in fair proportion to each group's existing presence in the population. What could have been more equitable? That it favored European whites was not because of any racial superiority belief. It just happened to be the societal mix at the time (1924) in an expression of their human rights. Front Page magazine, in their article, "The 1965 Immigration Act: Anatomy of a Disaster" by Ben Johnson, concluded, "Despite the overwhelming assurances of the bill's supporters, the 1965 Immigration Reform Act has remade society into the image its critics most feared." We do not have to "remember" any "catastrophic results". We can see enough of them today as a result of the multicultural madness that liberals, special interests and globalists have promoted. It is these kinds of destructive "theories" that we do not need in America.

R. L. Ranger

Dear Editor:
Responding to Ms. Erickson's letter (07/17/06 ID), oh, but we Americans do realize that there are illegals from Great Britain, Ireland, and the Middle European countries, despite the efforts of illegal immigrant advocates to make this a racial issue. It's just that immigrants from these countries are often more highly educated than EWIs, and come on passports with visas. Then, too, they've kept a pretty low profile as a group, and have apparently recently been emboldened by the lack of action against Latino marchers. (The assumption that someone with a British passport is necessarily white is pretty much of a stretch these days, just as it's a stretch to say that because someone is from Latin America they are necessarily brown.) Because of our inability to track who comes and goes, they find it easier to blend in and get good jobs, on the pretense that they are citizens or legal immigrants. In fact, ICE recently arrested one such illegal who was working for the Los Angeles Department of Public Works and earning more than $100,000 a year. Was this a job Americans wouldn't do? These illegal workers compete directly with America's middle class. It's been guesstimated that about 40 percent of all illegal immigration is by visa violators. While most of the sturm and drang has focused on our Southern border, efforts at border security should certainly give equal weight to employer verification and entry/exit systems for visitors. The federal government has been dragging its heels on both of these. Putting systems such as these in place and actually using them should actually speed up processing or hiring, while preserving our security and our jobs.

Ali Alexander

Dear Editor:
Ali Alexander's letter (07/13/06 ID) states "Illegal aliens are not citizens of this country and have no civil rights here." The author of that letter needs a refresher course in constitutional law. The Bill of Rights applies to all people, citizens or not, who are physically present in this country. The only exception that I know of is the legal fiction that exists for certain parolees. They are deemed not to be physically present even though they are here. The reason for the exception is, of course, that otherwise they would have the same rights as everyone else.

Sid Lachter, Esq.
Tucson, AZ

Dear Editor:
We all know that the cap for H-1B visa is 65,000 per year, and this is set by Congress. Therefore, USCIS cannot issue H-1B visas more than 65,000 annually. But the 2004 Yearbook of Immigration Statistics recently published by Office of Immigration Statistics(OIS) clearly shows on its Table 24 that 386,821 persons were admitted into the US in the fiscal year 2004 on H-1B program. Furthermore, it shows that nearly similar numbers of persons on this H-1B program were admitted into the US in fiscal years 2000, 2001, 2002 and 2003 also. One cannot understand how USCIS could issue such large number of H-1B visas in the above years, whereas the cap was only 65,000 per year. Can USCIS set side Congress's mandate?

S. Salike

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