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Immigration Daily September 11, 2006
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Five Years After 9/11 - Hype And Hope

During the Battle of the Bulge, when German divisions had broken through Allied lines, and the battle front was ill-defined, there were wild rumors that some German soldiers in American uniforms would try to infiltrate into key Allied locations to sabotage and kill. As a result, and without orders, security was tightened up throughout the war zone, by American units setting up informal check-points where all passing through were stopped and questioned. Caught in this large dragnet were a number of senior American commanders who could not convince their GI captors that they were who they said they were. One of those caught was Omar Bradley, the second-highest ranking American general in Europe. He was harrangued by his GI captors, since he could not remember the names of the players in a particular baseball team that they queried him about. No German infiltrator was caught in this large informal dragnet that lasted several days.

In the 5 years after 9/11, what has happened in the US resembles the above, except on a much larger scale, and in being formal instead of informal. The TSA routinely harrasses Americans at airports across the country - we are not aware of a single al-Qaeda terrorist that the TSA claims to have arrested as a result of screening, or a single terrorist incident averted by screening passengers. To be sure, our country has done many things to diminish the al-Qaeda threat - the invasion of their Afghanistan sanctuary, the cooperation with foreign intelligence agencies leading to the capture of many senior al-Qaeda leaders, the infiltration into al-Qaeda's networks by British intelligence which averted the British attacks recently, etc - but what we have done domestically is simply to institutionalize federal harrassment of travellers on a large scale.

The above did not happen by accident. It is said that security is equal parts hype and hope. The "hype" consists in harrassing everyone in sight to convince them that they are being protected; the "hope" in crossing fingers and praying real hard that nothing happens. Our intelligence agencies, our armed forces, our diplomatic corps - all of these are on the front line in the war against the terrorists, and all these institutions deserve our support and thanks for five peaceful years despite the efforts of Bin Laden's minions. However, DHS's agencies seem to think that they are spearheading the attack against al-Qaeda. It is our view that by the time a terrorist arrives on the radar screen of a DHS agency, it is already too late. Yes, DHS can play a supporting role (as can other federal agencies), but that's about all it can do. This position implies many things about DHS's components:

  • ICE and CBP should concentrate on the real threat our country faces - which is al-Qaeda, not undocumented alien dishwashers. In squandering scarce enforcement resources on gardeners and cooks, ICE and CBP are setting the stage for being rightfully blamed if and when the terrorists strike our homeland next.
  • USCIS should realize that its primary task is to process visas expeditiously, and that this task directly helps American pocketbooks - the more the immigrants, the merrier the American economy. By holding everything hostage to security, USCIS serves neither security nor America.
  • As to the TSA ... the faster it is shut down, the safer all of America will be. TSA engenders a false sense of security, it has destroyed more of the American sense of civil liberties than any federal agency in history ... since this is an immigration law periodical, we will not say anything more.
All DHS agencies in particular, and all federal agencies in general, have used 9/11 as an excuse to declare a war on undocumented immigrants. We urge those in government service to pause and reflect how they will discuss their actions with their grandchildren (who will be descended from these same immigrants, or will intermarry with the immigrants' progeny). The huge wave of immigration we are currently seeing will contribute to our country's greatness just as every wave of immigration to our shores has done (every single prior wave of immigration was subjected to the same kind of arguments that are being used against immigration today).

Immigration law offices in the WTC were destroyed along with countless others when al-Qaeda attacked us. Immigrants, including the undocumented, were among al-Qaeda's victims. We assure every federal employee involved in the fight against al-Qaeda of our unwavering support, and equally, we call upon the federal government to call off its war against immigrants and focus all American resources on finally capturing Bin Laden and Al-Zawahiri.

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.


Getting To The Root Of The Immigration Debate
R. Blake Chisam writes "We've got to speak of the dark fears clouding our vision today. If we don't, we won't be able to recapture our vision as the shining city on the hill."

The Growth And Reach Of Immigration: New Census Bureau Data Underscore Importance Of Immigrants In The US Labor Force
Rob Paral for The Immigration Policy Center writes "New data from the 2005 American Community Survey released by the Census Bureau on August 15, 2006, underscore the extent to which immigration continues to fuel the expansion of the U.S. labor force."


Estoppment Follows From Good Faith Reliance On Border Patrol
In US v. Strauss et al, No. CR-05-1499-TUC-RCC (Dist. Court for Dist. of Ariz., Sep. 1, 2006), the court found that the Government in this case should be estopped from the prosecution of the Defendants since they were assured by their organization's leaders that the protocol for the transportation of undocumented aliens was approved by the Border Patrol and that transporting for certain medical conditions was not a violation of law, since the Border Patrol had for three years tacitly approved of the conduct of people similar to Defendants and the Border Patrol did not respond in writing to the letter of the organization under whose aegis the Defendants acted.


Help Wanted: Immigration Paralegal
Experienced immigration paralegal sought for Mid-town Manhattan office in NYC of large immigration practice of 230-attorney law firm founded in 1817. 2 years experience in immigration law required including preparation and filing of business visas (H-1B, L, E) petitions and permanent residency applications. The ideal candidate will have strong computer, communication and writing skills and proficiency with Windows, Word, Excel and Outlook and internet research. Lexis or Westlaw skills required. Korean speaking skills preferred. Send resume in confidence to: Employment Manager, Hodgson Russ LLP, One M&T Plaza, Buffalo, NY 14203 or by email to Melanie Smith at

Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen, & Loewy, LLP, a global immigration law firm seeks an immigration paralegal with 2+ years of corporate immigration experience for both our New York and New Jersey locations. The ideal candidate will be able to work in a high volume case processing environment and will prepare labor certification (PERM) applications. Candidate will have extensive client contact and will utilize case management and billing systems to prepare, track, and manage cases in process. BA/BS degree and experience with Windows 2000 required. The firm offers highly competitive salaries and growth opportunities. Candidates interested in both the NJ and NY offices please submit resume and salary requirements to

Help Wanted: Immigration Attorney
Small downtown Washington, DC firm seeking a mature, conscientious and detail-oriented experienced attorney (minimum 2 years experience). Must have experience in handling both family and business immigration cases, preferably in a small firm environment. Must have excellent research and English writing skills. Candidates with Spanish language proficiency will be considered first. We prefer applicants who are already local to the Washington, DC area. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. We offer a competitive salary and benefits - both traditional (health insurance) and non-traditional (in-office professional massage). Please send resume + writing sample to Paul S. Haar, Esq., 1150 Connecticut Avenue, NW, Suite 900, Washington, DC 20036 or No calls please.

Help Wanted: Immigration Paralegal
Small downtown Washington, DC firm seeking a mature, conscientious and detail-oriented senior paralegal (minimum 5 years experience in an immigration firm). Must have experience in handling both family and business immigration cases, preferably in a small firm environment. Must have excellent research and English writing skills. Candidates with Spanish language proficiency will be considered first. We prefer applicants who are already local to the Washington, DC area. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. We offer a competitive salary and benefits - both traditional (health insurance) and non-traditional (in-office professional massage). Please send resume + writing sample to Paul S. Haar, Esq., 1150 Connecticut Avenue, NW, Suite 900, Washington, DC 20036 or No calls please.

Help Wanted: Immigration Attorney
New York, NY - Merrill R. Cohen & Associates, PC, a boutique business immigration law firm in Midtown Manhattan seeks experienced lawyer to manage own caseload, primarily consisting of EB1, EB2, PERM, O-1, E-1 and L-1A petitions, with some motions/appeals and family-based work. The Associate will have a great deal of client contact. From time-to-time, he or she will represent clients at Section 245 and EOIR hearings. Our diverse clientele includes research hospitals, small and large businesses, as well as professionals in a wide variety of fields, including actors, musicians and athletes. Ideal candidate will be self-motivated and organized, with excellent writing and interpersonal skills. Minimum 3 years experience. Salary DOE + benefits. Please email resume, cover letter + references to:

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. 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

Credential Evaluation
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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 Book
Working Toward Whiteness: How America's Immigrants Became White: the Strange Journey from Ellis Island to the Suburbs By David R. Roediger. From the Description: "[The author] explores the history of the 'new immigrants' who came to the USS in the late nineteenth century and describes how they became insiders by the end of World War II ... He recounts how American ethnic groups considered white today including Jewish-, Italian-, and Polish-Americans once occupied a confused racial status in their new country. They eventually became part of white America thanks to the nascent labor movement, New Deal reforms, and a rise in home-buying." More info at:


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:
Attorney Sally Yoakum of Los Angeles asks about the ombudsman (ID 9/8/06). The USCIS ombudsman is Mr. Prakash Khatri. According to the Ombudsman's website, one should send a regular letter (not email) including certain key information about the case and ending with a signed declaration affirming the truth of all statements made. The letter with all supporting documentation should go to this address: Office of the CIS Ombudsman, U.S. Department of Homeland Security, Mail Stop 1225, 245 Murray Lane, Washington DC 20528-1225. Following receipt of the letter, the ombudsman will write in response that there has been a formal inquiry initiated with USCIS. I hope that this information is helpful to Ms. Yoakum and others who want to contact the ombudsman.

Judy Resnick, Esq.,
Far Rockaway, NY

Dear Editor:
I would like to add one point to the comments in my letter (ID 09/08/06) about H-1B. Granted, some people oppose the program entirely. But the fact is that we have had this program in its present incarnation for the past sixteen years and it is likely to continue, with all its limitations and imperfections, for some time to come. Those who have been granted H-1B approvals deserve at least some minimal respect. Many of them have brought their families here, bought homes, put children in schools, and have become productive members of their communities in the expectation that they will be living and working in the US for at least six years. It makes no sense at all for USCIS to continue with its policy of denying any grace period whatsoever for H-1B workers who suddenly lose their jobs through no fault of their own. Shortly before the 9/11 attacks, USCIS had issued a bulletin saying that it intended to publish a regulation allowing a sixty day grace period in this event, similar to the one which applies to F-1 students. Caving in to the anti-immigrant hysteria which immediately followed the attacks, USCIS abandoned this sensible and humane proposal. It has never been revived. Notwithstanding all the jokes and popular fiction in recent ID letters about supposedly greedy lawyers and allegedly cheap H-1 wages, terminated H-1B workers deserve at least a minimum amount of time to find other jobs or to sell their homes without becoming illegal pariahs, or, if a bill like H.R. 4437 become law, even criminals. The time is now long overdue for USCIS to show one or two ounces of courage and to put the long delayed 60-day grace period into effect.

Roger Algase, Esq.,
New York, NY

Dear Editor:
What does ILW.COM stand for? Immigration Law Weekly? Just seems odd that it is never explicitly defined anywhere within the website. In any case, quite a website! I'm attempting to do an article on E-1, E2 and EB-5 Visa's but it appears that no one in the government is interested in providing much information. What I am trying to find out is both specific and aggregate information: (1) An annual breakdown of who is getting these Visa's by country of origin. (2) A specific breakdown of which businesses are being purchased through these programs. (e.g., Sams Records, Dearborn Michigan, Hasam Query, Yemen, 1.6 Million invested, EB-5 Visa). Help is appreciated.

Bruce W. Cain

Editor's Note: From 1995 through 1999, the "ILW" in ILW.COM stood for "Immigration Lawyers on the Web". The old "Immigration Lawyers on the Web" lives on in the Yellow Pages on the ILW.COM website even today (the other material you see on the website was added since 2000). We like to think that the "ILW" in ILW.COM today stands for "Immigration Law on the Web".

Dear Editor:
In characterizing Early American settlers as merely mindless killers and tyrants, is the Justin Randolph letter (9/8/06 ID) suggesting that America today would be better off under the Tribalism of the native Indians who did plenty of killing among themselves? Would he prefer living in Africa or other cultures today where tribalism still prevails to some degree? Is he suggesting that we repeat the Indian error of open border policy and the failed 1986 law and not enforce our entry laws, allowing whatever advances our civilization has made to revert to third world status under the relentless numbers of the demographic invasion that we now experience? Those were different times and societal concerns than we need to deal with today. The primary lesson to be drawn from the past is that we need limited, selected, enforced and allocted entry policies today starting with HB 4437 and ending birth citizenship by illegals, not the continuation and expansion of excessive entry as SB 2611 does. It is the narrow interests as exhibited by the Frank Sharry article (9/6/06 ID) and his "champion", Ted Kennedy and others similar who have stalled true immigration reform and enforcement, thereby obstructing the real needs of America today with their "reprehensive" criteria and selfish demands.

R. L. Ranger

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