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Immigration Daily April 23, 2007
Previous Issues
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Comment

Send In The Clowns

USCIS recently issued a press release informing FY 2008 H-1B visa applicants of revised filing instructions. The notice indicated that, "Beginning April 2, 2007, all Forms I-129, including those requesting H-1B classification (cap subject or non-cap subject) are to be filed with the VSC or the CSC." This information contradicts the filing instructions that appear on the form itself. It is our understanding that the filing addresses on an immigration form are controlling under the Administrative Procedure Act, USCIS notices notwithstanding. Problems could occur when, for example, an applicant follows the filing instructions provided on the form and submits his/her application to the Texas Service Center. In this instance, the application should not be disqualified from the H lottery since the form is controlling. Changes to forms must be done through the process established by the statutes, changes by any other means are of dubious legal standing.

Practitioners who are weighing challenges to the H lottery through litigation are considering several strategies: the propriety of accepting duplicate applications prior to the lottery, the validity of the counting process, the USCIS estimates used in selecting the final number (which is not the same as the cap due to denials, nonusage, etc.). These grounds may or may not carry much weight in court. By contrast, questioning USCIS practices on revising filing instructions without going through the APA process provides litigants with a strong argument which may be difficult for the USCIS to wiggle out of.

The H-1B process has become a circus and the H-1B program is like Alice in Wonderland. The real loser is the tens of thousands of Americans whose jobs are leaving the US for this reason alone (not H-1B jobs but those that would be inextricably linked to the H-1B jobs had there been no quota). Despite a flurry of recent bills, it appears unlikely that there will be any standalone relief on the H outside of CIR. As far as large corporations are concerned, they are simply moving jobs offshore. It is the American worker who is left holding the bag.

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


Focus

Beat The Cap And Fix The Law: All About the H

ILW.COM is pleased to announce our latest telephone seminar: "Beat The Cap And Fix The Law: All About the H". The curriculum is as follows:

FIRST Phone Session on April 26: Beating the cap

  • H alternatives: E, L, P, O, B, J, etc
  • Exempt employers: the Texas case, etc (Concurrent Hs: part time, etc)
  • The Canadian alternative
  • Up-to-the-minute Legislative update: Skil, other H visa bills like Durbin/Grassley, etc
  • Up-to-the-minute USCIS update: lottery problems, duplicate filings, premium processing, etc
SECOND Phone Session on May 17: Complex issues with the H
  • Problematic occupations: Market Analyst, etc
  • Credential evaluations: NSC on degree equivalency, etc
  • Special considerations for H1B dependents
  • Speculative Employment
  • Itinerary for consultants
  • Up-to-the-minute Legislative update: Items to be announced before the seminar
  • Up-to-the-minute USCIS update: Items to be announced before the seminar
THIRD Phone Session on June 7: Strategic issues with the H
  • LCA enforcement issues
  • Work experience equivalency between I129 and I140
  • Prevailing wages relations between LC and LCA
  • Up-to-the-minute Legislative update: Items to be announced before the seminar
  • Up-to-the-minute USCIS update: Items to be announced before the seminar
The deadline to sign up is Tuesday, April 24th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/april2007.shtm.(Fax version: http://www.ilw.com/seminars/april2007.pdf.


Article

Immythgration
Bill Dahl writes "The recipe for cooking up present day original recipe U.S. immigration policy is no different. However, what we are presently sampling in this debate is fast-food fare that is filled with myths that alter the flavor of the enduring truths that have formed and sustained the soul of this nation."

State Troopers Should Be Trained In Immigration Law
Jessica M. Vaughan writes "No mere “gimmick” aimed at placating voters who are rightfully angry with the federal government’s failure to control illegal immigration, the training program for state troopers, known as the 287(g) program after the relevant section of the immigration statute, is a reasonable and effective homeland security policy that has been field tested with excellent results in other states."

To submit an article for consideration in Immigration Daily, write: editor@ilw.com.


News

DOL Updates SWA And ETA H-2B Labor Cert Procedures
The Department of Labor published notice of an update for procedures for State Workforce Agencies and ETA National Processing Centers to process H-2B labor certification applications in non-agricultural occupations.


Classifieds

Help Wanted: Immigration Paralegal
Washington, DC - Highly motivated, detail-oriented individual sought for business immigration paralegal position. Strong organizational, writing, and interpersonal skills required. Prior business immigration experience desired. Great opportunity for individual interested in challenging, exciting work with international clientele; excellent career advancement possibilities and work environment. Competitive salary and benefits. Visit www.maggio-kattar.com. Please email resume, salary requirements, and references to: jobs@maggio-kattar.com or fax (202) 483-6801, Attn: Jim Alexander. No calls please.

Help Wanted: Immigration Paralegal
Dallas, TX - Fragomen, Del Rey, Bernsen & Loewy, LLP, the leading global immigration law firm, seeks an immigration paralegal. Qualified candidates will have at least two years experience counseling a variety of large and small employers on immigration matters, including non-immigrant and immigrant visa matters, preparing PERM applications, I-140s and 485s, and E-1, E-2, H-1B, TN, and L-1 petitions. Must be computer literate, demonstrate good accuracy, have excellent written and oral communication skills, and provide superior client service in a fast-paced, high-volume, case-processing environment. Bachelors degree required. Professional, service-oriented, team players are encouraged to apply by e-mailing a cover letter + resume to Amber James: ajames@fragomen.com. EOE.

Help Wanted: Immigration Attorneys
Larrabee | Mehlman | Albi | Coker LLP, a leading business immigration law firm in San Diego, CA, has openings for senior associate attorneys and associate attorneys. Both positions require experience in labor certs, NIV categories (senior position requires experience in all NIV categories), AOS and consular processing as well as NIW, extraordinary ability, multi-national and researcher petitions in high volume, fast-paced immigration firm. Sr. Associate Attorney - must have 5+ yrs of business immigration experience with direct management of corporate clients' immigration legal needs. Experience should include managing support staff. Associate Attorney - must have 2 yrs. business immigration experience. Strong writing and verbal communication skills required for both positions. Excellent benefits. Salary commensurate with experience. Great place to work and enjoy your chosen career. CA bar membership a plus. Send resume with salary expectations to: hr@larrabee.com. Include "Immigration Attorney" in subject header.

Help Wanted: Immigration Paralegals
Larrabee | Mehlman | Albi | Coker LLP, a leading business immigration law firm in San Diego, CA, has openings for experienced paralegals. Must have 2 yrs experience in business immigration law. Strong writing and verbal communication skills required. Excellent benefits. Salary commensurate with experience. Great place to work and enjoy your chosen career. Send resume to: hr@larrabee.com. Include "Immigration Paralegal" in subject header.

Help Wanted: Immigration Attorney
Toronto, CA - Immigration law firm seeks UK qualified solicitor for Toronto-based global practice focused exclusively on corporate clients. Must have excellent communication skills, the ability to advise on, prepare and file UK corporate immigration matters (work permits, HSMP, sole representative) as well as an interest in working with foreign legal counsel to manage files in other jurisdictions. Please submit your resume via email to Lonnie Wellman: lwellman@gt-hrlaw.com or by fax to 416-943-0289.

Help Wanted: Immigration Paralegal
Sydney, Australia - Unique opportunity to join Fragomen US Consular Practice based in one of the world's most beautiful cities. Prepare nonimmigrant and immigrant visa applications, arrange consular appointments, and manage inquiries and referrals. Position involves extensive client contact and use of case management and billing systems to prepare, track, and manage cases. Ideal candidate has expertise in business immigration, experience managing high volume caseload, and ability to be part of team, supervise others, and work independently. College degree, MS Word, Excel, and Windows 2000 required. If eligible, Australian work visa available but sorry, no relocation package. Send cover letter, resume, and writing sample to Lauren Levin: Llevin@fragomen.com.

Help Wanted: Immigration Attorneys
Union City, NJ - Busy law firm practicing family law, immigration law, and municipal law, seeks recently admitted law graduates. Fluency (speaking + writing) in English and Spanish is a must. Candidates must excel in writing and verbal skills. Must be a people person. Salary depending on experience. Competitive benefits package offered. Please send resume to Micaela M. Alvarez, Esq. by fax: (201) 867-4100 or email: malvarez@micaelalaw.com.

Help Wanted: Immigration Attorneys
New York, NY - Midtown Manhattan boutique business immigration law firm seeks two attorneys. One attorney will handle complex PERM applications, and one attorney will specialize in EB-1 and O-1 petitions. Each attorney will have responsibilities in other areas as well, but will be primarily responsible for their specialty. The attorneys must be self-starters with excellent managerial, writing and interpersonal skills. Ideal candidates will have graduated in the top 1/3 of their class and have 2-5 years experience in their respective area. Salary DOE. Please fax resume and cover letter to: M. Cohen at (212) 818-0625 or email: mcohen@cohenlawfirm.com.

Help Wanted: Immigration Paralegal
7 person midtown NYC immigration law firm with offices in NY, LA, and Tokyo, seeks senior immigration paralegal. Minimum 3-5 yrs. experience preparing NIV and IV business visas (H1B, L1, E1, E2, O1, RIR/PERM, etc), experience in consular processing issues, generating and completing forms, assist in preparing petition letters, and performing research. Excellent English writing skills and attention to detail required. We are a unique firm in that we have a large Japanese clientele and we seek an individual with the ability to speak Japanese or at a minimum, specific interest in Japanese culture. If you are looking for an opportunity to learn from a close knit, professional group who takes great pride in their work, service, and in legal training, that offers full benefit and competitive compensation, e-mail resume + cover letter in word or acrobat format to David Sindell, Esq at sindell@sindelllaw.com.

Help Wanted: Immigration Attorney
Arlington, VA - Small, collegial immigration law firm seeks qualified attorney with 2 years+ of solid immigration experience in all phases of immigration practice emphasizing business needs such as H's, L's and labor certifications. Excellent compensation package and competitive benefits offered. Opportunity for partnership within two years of serving as an associate. Candidate must be enthusiastic and possess excellent communication skills (verbal and written). Individual must be a go-getter with the ability to bring in business. Ideal candidate is an individual imbued with professionalism and tempered with compassion. Interested candidates, send resume to Samuel Levine: levine@visa-usa.com.

Help Wanted: Immigration Professional
Lyndhurst, NJ - Ernst & Young, one of the Big Four professional accounting firms, seeks senior visa and immigration coordinator. Responsible for coordinating work permits/visas for Ernst & Young's expatriate population. Responsible for counseling international business travelers on what types of work is allowable under a business traveler visa and when a work permit/visa is required. Must keep up to date on emerging legislation. Education: bachelor's degree in related discipline or 4-6 years of business immigration work experience. Excellent compensation package offered. For job details, including how to apply online, please enter the search term "immigration" or "00BXN" in our US jobs search engine.

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 and conscientious. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Please email resume + cover letter in MS Word format to Marcia N. Needleman, Esq. at mneedleman@levittandneedleman.com.

Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.

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 or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. INSZoom's case management system is customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company and now employs 70 engineers and 11 sales and support staff. INSZoom is the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, 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.

Immigration Book
Guest Workers or Colonized Labor: Mexican Labor Migration to the US By Gilbert G. Gonzalez. Paradigm Publishers, 238 pp. Paperback, ISBN: 1594511519, $14.93 http://www.amazon.com/exec/obidos/ASIN/1594511519/. Hardcover, ISBN: 1594511500, $78 http://www.amazon.com/exec/obidos/ASIN/1594511500/.


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:
Responding to ID's comment (04/20/07), at the sake of being the Devil' Advocate, is it possible that such checks are acting as a deterrent to those terrorists? Just a thought.

Brian K. Darling, Esq.


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 1995-2007 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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