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Immigration Daily

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Immigration Daily July 24, 2006
Previous Issues
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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
  • Special Handling for College or University Teachers
  • Practice Pointers from first PERM case decided by BALCA - HealthAmerica

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

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:

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


Lorna Rogers Burgess, Robert Loughran, Nancy-Jo Merritt, Michael E. Piston, Careen B. Shannon And Nathan Waxman

Lorna Rogers Burgess, Robert Loughran, Nancy-Jo Merritt, Michael E. Piston, Careen B. Shannon and Nathan Waxman will be speakers for "PERM Practice Here And Now" (more speakers to be added, Joel Stewart will lead the discussion). The deadline to sign up is Tuesday, July 25th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Immigration Monthly: June 2006
Immigration Monthly features an article by Steven C. Thal, "I'll Follow The Sun."

Impact of Migrant Labor Restrictions On The Agricultural Sector
Bob Young, et al. of the Economic Analysis Team, American Farm Bureau Federation write "Of all the major sectors of the U.S. economy, agriculture is the most dependent on migrant labor."


CRS Report On Legislative Issues Related To H-1B Workers
The Congressional Research Service issued an updated version of its report covering legislative issues on H-1B workers.


Help Wanted: Immigration Attorney
Arlington, VA - Immigration law firm, established 1972, seeks attorney with 2+ years experience. Levine&Associates, located four miles from Washington, DC, on the Virginia side does all aspects of immigration law. Partnership potential for attorney who is self reliant, does not watch the clock (within reason) and who is able or easily trainable to have client consultations without supervision. If you're hard-working, detail oriented, willing to learn, self-confident, and enjoy immigration law, then you might be the right person for this position. Additional skills needed: able to write well, enjoy helping people, able to delve into a situation and create a favorable situation creating excellent result. Bonus and other incentives available for bringing in clients. Smoke-free work environment. Contact Samuel Levine at (703) 524-8500 office or (703) 965-2878 cell. Resume is required before interview is scheduled, please fax to (703) 527-4473.

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.:

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:


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 Training - Akron, PA This intensive five-day, 40-hr. training is designed to provide immigration case workers employed at not-for-profits the foundation to gain accreditation from the Board of Immigration Appeals (BIA) and to practice before the USCIS, immigration judges, and the BIA. (BIA often cites successful completion of this training as a positive factor in granting accreditation.) Maximum 40 students will be admitted. Register early, limited number of spots for attorneys or paralegals working for private law firms. Contact Jen Linder (717) 859-1152 ext. 370, Fax: 717-859-3875, for more information.


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:
Sgt. Ubau's letter (07/19/06 ID) had raised the issue of his wife's permanent residence case having been transferred from the US Embassy in Managua, Nicaragua to the post in Tegucigalpa, Honduras. In my (07/20/06 ID) letter to the Editor, I reported that I had been unable to confirm whether the Consular Section in Managua was processing visas. Today, I received confirmation from the Embassy in Managua saying that while they have no immigration officer there, they do handle both immigrant and nonimmigrant visa petitions, as follows: "Our Post does not have an immigration office. Tegucigalpa is the regional office for Posts without an immigration officer. All non-immigrant and immigrant matter are handled by us. We only transferred waiver cases to Tegucigalpa. Blanca R. Perez Ghitis, Immigrant Visa Assistant, American Embassy, Managua, Nicaragua." Since it appears Sgt. Ubau's wife requires an I-601 wavier of her unlawful presence in the US, this would be the reason her case was transferred from her native Nicaragua, to Honduras. The confusion and apparent predicament and concern about Congressmen and Senators not returning his telephone calls brings to light the simple fact that individuals who attempt to handle their own immigration matters, no matter how simple at first the matter may appear, would be well advised to seek competent legal counsel for assistance, if for no other reason than to alleviate the frustration by explaining the realities of the sometimes slow and seemingly unresponsive procedures we call our immigration "system".

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
It appears that a few months is not enough time to find the answer to a question that worries him or her so much, based on S. Salike's recent 7/19/06 letter and his/her letter which appeared 3/1/06 ID, posing the same question. The 2004 Yearbook of Immigration Statistics clearly explains: "Nonimmigrant Admissions (Tables 22 to 30). Nonimmigrant admissions refer to arrivals of persons who are authorized to stay in the United States". Is it so difficult to comprehend that arriving at the US port of entry is not equivalent to obtaining a visa? An H1-B visa holder who goes abroad on vacation or business and comes back 10 times in a year will be counted 10 times in the admission counter but it is still the same H1-B person. The letter writer's trouble with a simple statistical report showcases inadvertently why so many US employers do not find enough qualified Americans and have to hunt for foreign H1-B brains instead, fueling understandable anger of home-grown global competition losers. Majority of successful Americans have enough self-confidence not to be fixated on a fear of competition from immigrants. I suspect that Ali Alexander's ready acceptance of S.Salike's obviously absurd claim that USCIS willfully and regularly grants five times more visas than permitted by law, demonstrated by his attempt "to explain" it with cap exemptions or USCIS mistakes (7/20/06 ID), is no accident for a typical anti-immigrant's mind-set.

B. Diakoff

Dear Editor:
I would agree with Michael Eatroff's letter (7/20/06 ID) concerning the present administrations effect upon our rights. But isn't part of this an expected evolvement of excessive immigration which dilutes many aspects of our society? The disintegration of Rome stemmed from the migration of Vandals and others that neither cared about Rome nor gave allegiance. In the end, they enclaved more of their own until they became more powerful by sheer numbers. The cult of diversity and multiculturalism is similarly leading US there. In a recent speech, former Colorado Governor Richard Lamm said, "My sixth point for America's downfall would be to include dual citizenship and promote divided loyalties. I would celebrate diversity over unity. I would stress differences rather than similarities. Diverse people worldwide are mostly engaged in hating each otherthat is when they are not killing each other." Limiting entry to preserve order and unity is only common sense. The 1924 immigration law attempted to do this in the way that the people of that era thought best with limited, allocated quotas for various countries. I never defended this law as "race neutral" as Roger Algase's letter stated (7/21/06 ID), only that aspects of it should be considered as a guide, not that it should be replicated in it's entirety. And as for any felony provisions in H.R. 4437, there is far more justification for this than there is for the felony penalty for US citizens in filling out a firearm purchase incorrectly. If more Latinos were breaking this law, how logical would it be to say that bias was present in enforcing it?

R. L. Ranger

Dear Editor:
Responding to Sargeant Ubau's letter (07/19/06 ID), I would suggest that he write to the President. I always get results when I write to Senator Abel Malondado here in California. He always takes care of me on my appeals on some of the government programs that I have been in. I have also written to the President direct and I got my answers. too.

Evvy Boggess

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