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Immigration Daily September 13, 2006
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Beware Of The Train Leaving

Congressional leaders have said that comprehensive immigration reform will not pass before the November elections. Instead in a bid to placate voters concerned about undocumented immigration, Republican leaders have decided in the next week or two to add almost $2 Billion in border security measures to either the FY07 Homeland Security appropriations bill or the Department of Defense bill. Since the House has sole power to initiate appropriations bills, this puts the Senate (where the pro-immigrationists are stronger) at a procedural disadvantage. Pro-immigrationists should insist that some urgent benefit provisions be included at the same time. There is a distinct risk that some language from the Sensenbrenner bill may be smuggled in the appropriations bills along with the monetary provisions and this should be strongly resisted in view of the fact that the public is split on the merits of the Sensenbrenner bill approach.

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


PERM Pointers, Pitfalls And Puzzles

The curriculum for "PERM Pointers, Pitfalls And Puzzles" is as follows:

FIRST Phone Session on Sep 28: Preparing To File A PERM Application

  • Who's PERM is it anyway?
  • How do I get the right Prevailing Wage?
  • Who holds the key to the minimum requirements?
  • What are the best recruitment sources?
  • How do I know when requirements are restrictive?
  • Is this a 2nd Preference or 3rd Preference case?

SECOND Phone Session on Oct 19, 2006: Preparing Form 9089 For Filing

  • How do I avoid a computer denial?
  • How do I fill out Part H to avoid a substantive denial?
  • How do I fill out Parts J & K to avoid a substantive denial?
  • What documentation must I have as back up to the 9089?
  • When is the "magic language" necessary?

THIRD Phone Session on Nov 2, 2006: After The 9089 Is Filed

  • Should I be concerned about audits and how do I best prepare?
  • What do I do if I get an audit?
  • Do I appeal, file a motion to reconsider, or re-file?
  • What evidence must the employee get to prove qualifications?
  • Was the 9089 properly filled out to make the I-140 process easier?
The deadline to sign up is Tuesday, September 26th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


And Injustice For All: Worker's Lives In The Reconstruction Of New Orleans
Judith Browne-Dianis et al. write "The lack of labor and civil rights enforcement in the Gulf Coast stands in stark contrast to the aggressive tactics employed by local police and ICE, who readily respond to tips from unscrupulous employers who report workers that voice employment-related grievances."


Aytes Memo On Elimination Of I-668B Form
USCIS Aytes, Acting Director, Domestic Operations, issued a memo on the elimination of Form I-688B, the Employment Authorization Card. For the Aytes memo, see here. The USCIS also released a notice to applicants for employment authorization. See here for the notice.

OIG Report On ICE Discipline Procedures
The Office of Inspector General released a report identifying measures that can be taken by ICE to improve its employee disciplinary system and the efforts undertaken by ICE to establish a single, integrated disciplinary process that is uniform in its assessment of discipline for verified offenses of its employees.


Help Wanted: Immigration Paralegal
Paralegal sought for small Nassau County, Long Island, immigration firm. Minimum 2 years' experience; bachelor's degree preferred. Must be detail - oriented, have Spanish knowledge, computer skills and good oral and written communication skills. Benefits package. Convenient to LIRR, Southern Parkway, buses, free parking. Send resume with salary requirements to:

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

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
An investor 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 the American Life EB-5 Investor Green Card program in the Seattle Regional Center gives your accredited investor clients speed and freedom. Speedy conditional green card approval, typically in about 1 year. Freedom to 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. American Life Inc. manages over 20 properties - over 1,000,000 sq. ft. The oldest active Regional Center, projects range from $5 million to more than $20 million. Want to know more about the immigration benefits of American Life's EB-5 program? 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 American Life's website,


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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:
In response to the Tucson Citizen article (see 09/12/06 ID comment) focused at contesting Rep Tom Tancredo and other's claims of terrorists using the southern border, I offer some historical perspective. Most of it depends on whether one defines anyone from the Middle East as "terrorists". It appears Tancredo says yes, the newspaper reporter an adament "never". As an INS Investigator in the late 1970's I received information/complaints of Chaldean (Christian Iraqi) families' mistreatment of relatives who smugglers had promised to deliver to these US. My investigation led to an Iraqi bicyclist who jumped ship for asylum when at the Mexico City Olympics. He worked with the second and third generation Iraqi's of Tapachula on the Guatemala - Mexico border who live by smuggling. His route to deliver arabic individuals to the US was well established after Operation Desert Storm when another Iraqi determined alien smuggling was more profitable than other illegal endeavors (She came to fame of having killed her husband for life insurance money; neighborhood women threatened by her considered her a "terrorist"). Long story short she tried to bribe a consular official not realizing he was wired for sound and show. By 2002, she had again established her offices in Jordan. By this time, the DOJ had piggy backed on efforts of the old guard at INS headqaurters to put Agents in the field discovering and arresting her and others. Rep Tancredo talks about a Border Patrol Agent find of what, as I recall, was a jacket with insignias significant to Al Quaeda operatives found near a "safe house". The "pipeline" for arabic (and Chinese) through the southern border is a fact. Those connections will be known by terrorist cells and utilized as necessary. I don't think much of the Tucson Citizen's news story.

Tim Houghtaling, INS SSA (retired)

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X