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Immigration Daily October 19, 2006
Previous Issues
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Comment

Military Fast Track

According to a Reuters news story, "The U.S. military has provided legal immigrants a fast track to citizenship, and they are taking advantage of it in record numbers, even if it means facing the risk of death or injury in Iraq or Afghanistan." For the full story, see here.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

CLINIC Explains: I864, CSPA, Crimes

The upcoming telephonic seminar with CLINIC will cover the latest developments with Affidavits of Support, the CSPA and Crimes. The detailed curriculum is as follows:

FIRST Phone Session on Oct 26, 2006: New Affidavit of Support Rules and their Effect on Your Practice

  • Counting household size
  • Measuring household income
  • Proving income with tax returns and other documents
  • Change in asset requirements
  • Joint sponsors
  • Exemptions from the affidavit of support due to social security earnings or CCA
  • Common pitfalls in completing the new forms
SECOND Phone Session on Nov 9, 2006: Understanding the Child Status Protection Act
  • Preserving child status for immediate relatives
  • Preserving child status for sons and daughters of LPRs
  • Preserving child status for derivatives in family and employment-based cases
  • Retention of priority date for derivatives who age out
  • Effective date and possible retroactive effect
  • Effect of naturalization
THIRD Phone Session on Dec 7, 2006: Immigration Consequences of Criminal Convictions

  • Bullets to be Announced

The deadline to sign up is Wednesday, October 25th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/october2006.shtm. (Fax version: http://www.ilw.com/seminars/october2006.pdf.


Article

If The Job Duties Are Complex, The Chances Of Winning An H-1B Visa Are Better
Cyrus Mehta writes "The USCIS is especially tough with respect to H-1B petitions filed on behalf of foreign nationals working occupations that do not readily require specialized bachelor's degree."


News

3rd Circuit On S Visas
In Tse v. Attorney General of the US, No. 05-2113 (3rd Cir.Sept. 15, 2006), the court remanded the matter to the BIA. This non-precedential case highlights the S visa policy (or the lack thereof) in the national security context at ICE.

H-2B Relief Passed In Defense Authorization Act
President Bush signed the Defense Authorization Act of FY 2007 (H.R. 5122 Enrolled version) into law on October 17, 2006, including Section 1074, extension of returning worker exemption to H-2B numerical limitation.


Classifieds

Help Wanted: Immigration Attorneys
Los Angeles, CA - Expanding immigration law firm seeks experienced full-time immigration attorneys. Qualifications: Knowledge and experience in employment and family immigration law, including various IVs and NIVs. Fluency in written and spoken Korean & English required. Strong organizational, writing, research, and communication skills essential. Send resume, cover letter, and salary requirements to Youngok S. Kim by fax: 213-381-5790 or email: info@kimyoungoklaw.com.

Help Wanted: Immigration Attorneys
Chicago, IL - Hughes Socol Piers Resnick & Dym, Ltd., a 30 attorney firm, seeks licensed attorneys to join its immigration practice group. Our practice serves a diverse clientele with business, family, and removal immigration services. Associate: At least 1 to 3 years of immigration experience; and Senior Associate: At least 4 years of immigration experience, including case management. Fluency in Spanish is preferred for both positions. Please email your resume and cover letter explaining interest in the position to: rfernandez@hsplegal.com.

Help Wanted: Immigration Attorney
USCIS Office of the Chief Counsel (OCC) is seeking an experienced attorney for the position of Deputy Regional Counsel, USCIS OCC, Western Region, to be located in one of 3 USCIS District Offices: Seattle, San Francisco, or Los Angeles (relocation expenses not available). Applicants must possess J.D. degree, be an active member of any state bar, and have at least 5 years of post J.D. experience. Submit a cover letter that demonstrates the specific skills, experience, and interests that qualify them for the position. Preference is given to applicants with immigration experience, management experience, excellent academic record, and strong writing skills. Applicant should list references, which may be verified, but letters of recommendation not necessary. Applicants must also submit resume + writing sample not to exceed 10 pages. Send to James.Butcher@dhs.gov (all attached documents must be in MS Word or Adobe PDF format). All submissions must be received by close of business on Friday, October 21, 2006. The position is at the GS-15 level and is open until filled. For more info., see here.

Help Wanted: Immigration Professional
New York, NY - AIESEC seeks an individual knowledgeable in J visa administration or immigration law that is interested in working with a mission-driven, entrepreneurial organization that is growing rapidly. Applications for the Responsible Officer for AIESEC US, Inc.'s J Exchange Program position are due 10/18/06. Interviews will be conducted 10/18/06-1/24/06. Start Date: ASAP. Interested applicants, please submit CV or US style resume and completed application. For more information, including the application requirements, see here. If you have any questions about the role or AIESEC US, please feel free to email at paulf@aiesecus.org or call at (212) 757-3774 x241.

Help Wanted: Immigration Paralegal
New York, NY - Exceptional and challenging career opportunities available for you at Fragomen, Del Rey, Bernsen, & Loewy, LLP a global immigration law firm. Ideal candidate will have 2+ years of business immigration experience and will be able to work in a high-volume case processing environment. Candidate will have extensive client contact and will utilize case management and billing systems to prepare, track, and manage cases in process. College degree, MS Word, and Windows 2000 required. The firm offers highly competitive salaries and excellent growth opportunities. All qualified candidates, please send resume and salary history to kiulo@fragomen.com. EOE.

Help Wanted: Immigration Attorney
Midtown Manhattan, NY- New York Immigration law firm specializing in medical immigration matters. http://www.perlitsh.com. Seeking an associate with a minimum of two years experience in immigration law, including preparing and filing O-1, EB1, H-1B, PERM and family based cases. Must have strong research, writing, communication skills and the ability to supervise others. New York State bar license required. E-mail cover letter, resume, writing sample and salary requirements to: rochellen@perlitsh.com.

Help Wanted: Immigration Attorney
San Jose, CA - Littler Mendelson's Global Corporate Migration Group ("Littler Global") is a multicultural, transnational, full - service corporate migration law practice providing migration solutions for global companies around the world. Seeks associate with 3-7 years of immigration law experience. Candidate should possess excellent academic credentials and should have substantial business immigration experience. If you are interested in applying for this position, please submit your resume online. Please reference Littler Global in your application. We offer a generous benefits package to all full-time employees. Littler Global is proud to be an equal opportunity employer. No telephone calls please. No Recruiters-principals only.

Help Wanted: Immigration Paralegal
Busy immigration law firm located outside Philadelphia, PA is looking for an experienced immigration paralegal to join its team. Able to multi-task with great attention to detail and strong work ethic. A minimum of 1-2 years experience in immigration law required, including preparation and filing of business visas petitions and permanent residency applications. The ideal candidate will have strong writing skills, communication skills, and computer skills. Email cover letter, resume, and writing sample to: graham@piverlaw.com.

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 mneedleman@levittandneedleman.com.

Help Wanted: Immigration Attorney
Valley Stream, NY - New York business law firm representing individuals, families and businesses across the US and abroad in immigration matters (NIV: H, L, E, TN, etc; Labor Certs; IV: EB 1/2/3, etc; family) seeks entry level associate. Must have strong research and writing skills. New York State bar license required. Competitive compensation package offered. Please send resume + writing sample to Olga Petrova, Office Manager, Guttikonda Law Firm, PLLC, 195 Rockaway Avenue, 2nd Floor, Valley Stream, NY 11580 or mail to: info@tgpglaw.com

Case Management Technology
Are you ready for the new changes in immigration? See why we have a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release. No patches to install, no downloads - our team of 50 engineers work around the clock. e-File 30+ forms with just a click. Automatic email alerts and reminders. Library of customizable online questionnaires, support letters and email templates. Online access for clients to check case status included, plus group calendar, email and case step reminders, priority dates calculator. Additional available services include: credit card processing, Outlook and/or QuickBooks integration, Compliancy modules - I9, LCA, AR 11, PERM. INSZoom's Case Management System is customizable to support solo practitioners, mid-size and large law firms/corporations. Cost conscious and compliance vigilant. Founded in 1999, INSZoom is a profitable, financially sound company. INSZoom is built ground up with flexible modules that allow you to manage and control technology. Current workflow processes, practice management methodologies and customer relationship functions can be easily customized in INSZoom to reflect your firm's unique style and strengths. To learn more or schedule an online demonstration of INSZoom's Case Management System, call 925-244-0600 or email info@inszoom.com.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Special Counsel - Pittsburgh, PA
Buchanan Ingersoll & Rooney PC is pleased to announce that Ellen Freeman has joined the firm's Pittsburgh office as Special Counsel in the Immigration Practice Group. One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, PA 15219-1410. Tel: 412 562 1537. Fax: 412 562 1041. ellen.freeman@bipc.com.


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
I would like to clarify my letter (10/18/06 ID). As edited, the letter stated: "Regarding Ms. Salike's outrageous claim that, "The appropriations bill signed into law on May 11, 2005 by President Bush allows 50,000 foreign nurses to come to the US to work" is misleading if not disingenuous. In fact, Congress created a special quota of 50,000 permanent residence visas May 2005 specifically designated for nurses/physical therapists due to the shortage of these occupations." - That is not what I wrote. What I wrote was: "Regarding Ms. Salike's outrageous claim that, "The appropriations bill was signed into law on May 11, 2005 by President Bush allows 50,000 foreign nurses to come to the US to work." is misleading if not disingenuous. In fact, in May 2005 Congress created a special quota of 50,000 permanent residence visas specifically designated for nurses and physical therapists due to the shortage of these occupations. In reality, the law provides that the quota amount of 50,000 visas also includes the nurse's spouse and any minor children. Therefore, it is very possible that a nurse and her family can consume two to five of the precious visa numbers, so the 50,000 visas may only accommodate 10,000 to 20,000 medical professionals ..." I believe this clarification is necessary to explain why I said Ms. Salike's statement was, "misleading if not disingenuous". Further, I would like to commend Jordan R. Silk (10/18/06 ID) on his well-reasoned response to S. Salike's letter (10/17/06 ID), wherein Ms. Salike's letter mistakenly presumes the US government determines the admissions policies of America's educational institutions, and in particular nursing institutions.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
"Salike's letter seems to contend that the federal government, which holds power over immigration law and thus determines to what extent foreign nurses are allowed to enter the American labor force, also determines the admissions policies of America's educational institutions. These institutions are, however, financially administered by state and local government, not the federal government." As quoted above, Mr. Silk's letter (10/18/06 ID) appears to be under a gross misapprehension that state and local governments have "control" over how many or who gets into their institutions. The key factor for many students in their ability to attend college is the availability of student loans and scholarship programs, which are backed by the federal government. This availability is a major factor in the aid package that the school may offer students, and in the school's budgeting process. These programs have also severely contracted at the same time that tuition rates are rising much faster than inflation in general. Furthermore, the federal government is a key source of research money for colleges and universities - money which goes to pay students who work as research assistants, a disproportionate number of whom are foreign students because the opportunity cost of pursuing a graduate education is simply not enough to lure Americans from regular employment. A 60 minutes program from several years ago also points out that the federal government funds thousands more residencies at hospitals than there are U.S. medical school graduates. Were supply and demand allowed to work, medical schools would be increasing the number of slots to meet that demand. Instead, hospitals seek doctors overseas because of the money the federal government is providing for the residencies. Finally, Mr. Silk's letter ignores the effect of federal affirmative action laws on admissions policies.

Ali Alexander

Dear Editor:
The other day, I downloaded the comment by Federal Reserve Chairman, Ben Bernanke where he stated "a more liberal immigration policy would ease the burden of a shrinking work force. but, he cautioned, it would take annual flows close to 3.5 million immigrants, not today's 1 million, to replace retiring boomers." With this information in front of us, our politicians are trying to do just the opposite by shutting down the borders and ignoring the opportunity to legalize most of the 12 million illegal immigrants already here. Recently in "doonesbury" Gary trudeau indicated that "3,000 people died on 9/11, right? but since then, 150,000 americans have been killed with guns". Is there some commonality in the "unreasoning" of our politicians in dealing with our national problems?

Alvin L. Moser
Crescent City, FL

Dear Editor:
With regard to nursing immigration, I would like to thank David Murray for this letter (10/18/06 ID) properly supporting statements about these programs with facts and figures that readers can refer to if they decide to confirm the numbers themselves. Any argument pro or con to a point about immigration should always be about facts and supported by factual data and not just "perceived" anecdotal information or hearsay. Let us drop the hype and stick to the facts.

Alannbert Millendez


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 editor@ilw.com. 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


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