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Immigration Daily November 13, 2006
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Immigration Benefits From The New Majority Party

The number one question on the minds of many in the immigration law community is "What are the chances of immigration benefits from the new Congress"? Specifically, whither legalization? whither SKIL? whither AgJOBS? whither DREAM? Here's our take on immigration benefits bills over the next several months.

Firstly, the message on immigration from the electorate was nuanced (unlike the clear repudiation of the Administration's Iraq policy by the electorate). While Rep. Hayworth and the pro-vigilante Mr. Graf both lost in Arizona, several anti-immigration initiatives won by big margins there. Many of the Democrats who won ran to the right of the Republicans they faced on immigration enforcement. So, the vote for the Democratic Party on election day was not a straight-forward vote for legalization and comprehensive immigration reform. What this means is that to expect knee-jerk support for massive immigration benefits from the incoming Democratic leadership is unrealistic.

On the other hand, there are two big reasons to expect serious immigration benefits legislation, and to expect this relatively soon. There is no question where the heart of the Democratic leadership is on immigration benefits, and they want to deliver for their causes and constituents when they are able to. Furthermore, it does not take a genius to realize that there will be precious little in common between the President and new Democratic majorities in the coming Congress. Immigration offers one of the few grounds of genuinely common interest, where it is to their mutual advantage to work together to get concrete legislation enacted.

Some have suggested that the above factors may set the stage for some combination of SKIL and/or AgJOBS and/or DREAM to be enacted, but not comprehensive reform, particularly if significant concessions on benefits have to be made by incoming Speaker Pelosi, involving perhaps depriving millions of the undocumented from legalizing. We believe that comprehensive reform along the lines of the McCain-Kennedy bill, even with significant concessions, is more likely than narrower bills, since a broader approach will more easily produce a winning coalition. (This is also the reason why not much may happen in the coming lame duck session, since a broad bill may need more time to put together than the lame duck affords.)

The biggest reason for incoming Speaker Pelosi to get an immigration bill passed, even if significant concessions on guest workers and increased enforcement and reduced benefits have to be made, is what such legislation will do the anti-immigration hot-heads in the Republican Party for the 2008 presidential election. It is entirely possible that Rep. Tancredo will take any kind of benefits legislation as provocation enough to launch a third-party candidacy for President in 2008. Such a move may well eat away any where from 1% to 5% of the Republican vote, and this possibly in several key battleground states. This alone may guarantee a Democratic White House, which is in the Democratic Congressional leadership's interests to work for, even if it means stepping on a few liberal toes in horsetrading on the language of the bill.

We believe that there is probable ground to expect some action in the early months of the new Congress with some form of McCain-Kennedy being enacted into law. For the long suffering immigration law community, this is sweet anticipation indeed.

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


Technology Immigration: Update From The Trenches

ILW.COM is pleased to announce a new 3-part telephone seminar "Technology Immigration: Update From The Trenches". The curriculum is as follows:

FIRST Phone Session on Nov 16, 2006: Issues Affecting All Technology Employers

  • H1 Cap issues
    • Changing H employers
    • Changes in H employer
  • Alternatives to the unavailable H including:
    • O1
    • B1
    • TN and specialized H1s (Chile & Singapore) and E3 (Australia)
  • Coping with immigrant visa delays
    • Changing from L1B to L1A
    • Change from L1 to H1B
    • Extensions of stay (recapture time out of US)
  • Changes in employment during wait for permanent residence.
  • Changes in employer during wait. Change in corporate structure. Employment change by employee.
SECOND Phone Session on Dec 14, 2006: Issues Important to H1-B Dependant Employers
  • H1 dependency issues
    • Exemptions
  • L1Bs Special requirements as to control and specialized knowledge
  • Change of work site and change of employer
  • Permanent residence-work in more than one location
  • Portability requirements for delayed applications for permanent residence
THIRD Phone Session on Jan 11, 2006: Issues Important to Larger Employers
  • I-9 compliance
  • Centralized vs decentralized control
  • Corporate reorganizations, mergers and acquisitions, successor in interest concept
  • Lay off of US workers
  • portability within company
The deadline to sign up is Wednesday, November 15th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


The Surprise Winner In This Year's Election Is ... Comprehensive Immigration Reform
Frank Sharry writes "The public has spoken. The results are in. The demand is clear. Fix our broken immigration system with a tough, fair, and practical solution."

The Effect Of Mass Immigration On Population Change
John L. Martin writes "The population estimates by the Census Bureau leave little doubt that the record influx of both legal and illegal foreign residents plays a major role in shaping the population dynamics of the country’s major metropolitan areas."


President Bush On Immigration After The Election
In a press conference after the recent election, President Bush said "there's an issue where I believe we can find some common ground with the Democrats."


Help Wanted: Immigration Professional
Washington, D.C. - The American Council on International Personnel seeks detail-oriented professional to assist with its Membership and J-1 Exchange Visitor Programs. Membership responsibilities include new member registration, database maintenance, invoicing and member communications. Exchange Visitor responsibilities include review of program applications, meticulous database entry, recordkeeping, and filing. Must be willing to provide admin support as necessary. Full-time position. Flexible work hours but must be available to respond to urgent matters outside of normal business hours. Limited travel may be required. Ideal candidate has: experience administering J-1 visa exchange program or knowledge of immigration law (strongly preferred); knowledge of SEVIS (strongly preferred); excellent communication skills; demonstrated commitment to customer service; ability to prioritize tasks, problem-solve and work independently; familiarity with FileMaker Pro a plus; US citizenship or permanent residency (requirement of EVP regulations). Send cover letter, resume + salary expectations to

Help Wanted: Immigration Professional
Philadelphia, PA - Deloitte Services LP is looking for an Immigration Specialist to support the internal immigration program for the Deloitte U.S. firms. The job responsibilities involve interface with the applicant, senior management and field HR staff on various facets of technical immigration matters. The position will communicate and interface with outside counsel for all outsourced non-immigrant and immigrant cases to ensure efficient and timely case filing processes. A candidate must have 3-5 years of relevant experience in immigration law and and preferably experience as a paralegal or as an attorney in this area of law. Strong project management skills are preferred to lead special projects as required by senior management. Critical to the success of this role is excellent customer service and communication skills. Please submit interest to For more information, key in ref. code # E07PHIMGRCJ029-IMM at Deloitte Careers.

Help Wanted: Immigration Professional
Washington, D.C. - Fragomen, Del Rey, Bernsen & Loewy LLP seeks assistant paralegal (AP). Entry-level position, for someone with 1+ yrs of previous immigration experience, preferably involving IT consulting clients. AP will assist in case processing (forms, support letters, firm correspondence) under direct supervision. The AP will also have client contact under specific instruction or direct supervision. The AP will: prepare and review H-1B and L-1 petitions, prepare responses to USCIS requests for evidence, learn and use case management systems. Emphasis on efficiency, speed, and accuracy of processes and details, handling a high-volume caseload with demanding production deadlines. The job approach requires: working as team member, consistent and dependable work product quality, self-motivation and flexibility in work assignments as prioritized. Send cover letter + resume (Word/Adobe formats only) to Robert F. McCafferty, Office and HR Manager at or fax to (202) 371-2898. No calls please.

Help Wanted: Immigration Professional
Oakland, CA - The Law Offices of Chung N. Phang is a recognized immigration law firm that focuses on asylum, deportation defense, and general business immigration. Our clientele draws mainly from Chinese and Southeast national origins. We seek a full time bilingual (Chinese and English) immigration legal secretary with one year plus experience to assist attorneys in the preparation of asylum application, non-immigrant and immigrant visa processing. The ideal candidate has the ability to produce high volume of accurate work product in a fast paced environment. Candidate must also possess strong verbal, written, computer literacy, communication and case management skills. We offer a competitive salary + benefits package. Email resume with salary history/requirements to: or fax: (510) 986-5486.

Help Wanted: Immigration Professional
Midtown Manhattan, NY - ILW.COM seeks immediate full-time admin associate. Unique opportunity to work in fast growing small law publishing company which operates one of the most important immigration law websites in the world. ILW.COM team-members enjoy informal small-company environment with casual dress code policy. Competitive salary. Provide excellent professional customer service (phone, email and mail) to our customers who are immigration attorneys, performing basic web design and internet communications (will train), and handling general office work. Hours are 9-6pm (includes 1 hour lunch). Must have: solid communication skills, both speaking and writing, basic internet and computer skills (MS Word and Internet Explorer), detail-oriented and able to work independently. Right candidate can multi-task and thrives in challenging, intense deadline-oriented environment. Experience preferred. Send resume to No calls please.

Help Wanted: Immigration Professional
Natick, MA - The MathWorks, the leading developer and supplier of software for technical computing and model-based design, seeks immigration specialist to oversee immigration programs. Primary responsibilities include: working closely with petitioners, management and outside counsel, manage all immigration applications and visas within Company policies/practices and INS regulations. Advise management on immigration/visa issues. Work with outside law firms to manage preparation and timely filing of all immigration cases. Develop training programs for foreign nationals, managers and HR staff. Maintain and develop internal systems and Company policies and practices. Set strategy and solutions for complex business immigration related issues. Participate in variety of recruiting related programs (relocation, college recruiting, and temps/contractors). Successful candidate will have: proficiency in Microsoft Windows products, 3 years of relevant work experience, strong knowledge of immigration law and overall immigration practices, experience managing immigration practices including H-1Bs, F-1s, green cards, etc. Send resume to Doug Cohen:

Help Wanted: Immigration Paralegal
Downtown Los Angeles, CA - immigration law firm seeks an immigration legal assistant/paralegal. Individual will assist in preparation of visa packages, non-immigrant and immigrant petition applications and general office administration. Candidate should have Bachelor's degree and (2) two years experience in business immigration and PERM. Candidate must also possess excellent writing, communication, and case management skills. Submit resume to: or fax to 213-830-9930. Website:

Help Wanted: Immigration Attorney
Lincoln area, NE - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Service Center Counsel at the Nebraska Service Center. Responsibilities include, but are not limited to, providing legal advice to Nebraska Service Center personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), have at least one year of post J.D. experience. Applicants must submit cover letter, resume, + writing sample. Send to: Reid Tilson at All submissions must be received by close of business Friday, November 17, 2006. GS13-GS15 levels and is open until filled. No relocation reimbursement available. For more info, key in Job Announcement Number: CIS-COU-2006-0015 at

Help Wanted: Immigration Paralegal
West Los Angeles-15 person leading immigration law firm seeks legal assistant/paralegal. Candidate should have 1+ years of immigration experience. Will be trained to prepare primarily L & E visas. Must have excellent writing, typing, case management and communication skills. BA Degree preferred. Also, must be detailed oriented, organized, conscientious and care about clients. If you are interested in working in a very congenial atmosphere and meet the stated requirements, please e-mail your resume and salary requirements to Mark Ivener at

Help Wanted: Immigration Paralegal
Maggio & Kattar, a nationally recognized Washington, D.C. immigration law firm, seeks exceptional Business Immigration Paralegal with minimum two years business immigration experience. Must have excellent writing, communication, and organizational skills. Excellent work environment, salary and benefits. Visit Please email resume, statement of interest and salary requirements to or fax (202) 483-6801. No calls please.

Back Office Services
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/calendaring, clerical & archival. Adnet Services, Inc. Headquartered in New York City, Adnet Services 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.

PERM Services
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.


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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:
I agree with David J. Hart, Esq. two-hundred percent (ID 11/10/06). However, while the results of the mid-term elections will certainly benefit immigration reform, I do not believe the Democratic sweep of Congress was determined by the immigration issue, but on George "Dubya" Bush's failed foreign policy, specifically his boondoggle in Iraq. After what the president called "the thumpin'," taken by Republicans in Tuesday's election, "Dubya" publicly stated: "I recognize that many Americans voted last night to register their displeasure with the lack of progress being made there." What arrogance! Does the president actually believe Americans are "displeased" with the "lack of progress" in Iraq, and not by the ill-conceived policies of his administration and the loss and maiming of American life in Iraq ... that a civil war in Iraq is not winnable by Americans ... that the president himself does not understand the mentality of the people of the region, and of Muslims ... that many fanatical Muslims throughout the world hate America ... that the president naively underestimated the perseverance of the three diametrically opposed cultural factions in Iraq ... that under Bush's leadership the world views America as an imperialistic bully ... that America's reputation is at an all-time low ... that thousands of Iraqi civilians have already died and continue to die daily ... that billions of American dollars are being squandered by corporate corruption, while here at home Americans are ignored and get second-place treatment in the spending of federal dollars? And now, the president assures us he will "move on", instead of "staying the course". It was time to "move on" long ago, in the war and on immigration. It should not have taken a Republican trouncing in the mid-term elections to send a message to "Dubya", or to America, that things are going badly in the state of the union.

David D. Murray, Esq.,
Newport Beach, CA

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