Another Misfire By DOL
DOL's recent substitution rule states that employers, not aliens, must pay the advertising costs related to labor certification. DOL's intent is to increase the integrity of the labor certification process. Attorney Catherine Haight recently made the astute observation that contrary to DOL's intentions, requiring employers to pay the advertising costs increases the employer's investment in the alien by a like amount. This makes it more, not less, likely that US workers will be treated worse under the new rule, as compared to the old rule. Sadly, this is not surprising given that DOL's labor certification recruiting requirement is a circus in the first place and a figment of DOL's own invention without any basis in the statute.
Reminder: Three workshops in Orlando: Investor Visas Workshop, June 13th, The PERM Workshop, June 12th, Nurse Immigration Workshop, June 11th.
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Crimes And Immigration: A Definitive Manual For Winning Cases
The following is the table of contents for this definitive work which is now
For more info, and to order, please see here. For the fax order form, see here.
- Chapter 1: Evaluating A Criminal Case For Immigration Purposes
- Chapter 2: Criminal Grounds Of Inadmissibility And Waivers
- Chapter 3: Criminal Grounds Of Deportability
- Chapter 4: Good Moral Character
- Chapter 5: Detention And Removal Of Noncitizens Charged With Criminal
Grounds Of Inadmissibility Or Deportability
- Chapter 6: Applications For Relief From Removal For Criminal Aliens In
- Chapter 7: Working With Criminal Defense Counsel And The Criminal
Courts On The Structure And Amelioration Of Convictions
- Chapter 8: Judicial Review
- CD-ROM: Over 700 Critical Documents - Significant statutory provisions
of 8 USC, 18 USC, and other public laws, Relevant regulatory sections and
forms from USCIS and EOIR, Key BIA and Federal Court cases, Links to
informative internet resources, etc.
DOL Substitution Rule - A Major Flaw
Pravinchandra J. Patel writes "This brief article is intended to point out a major flaw in the regulatory language that creates an interpretive conflict."
Bloggings: June 7, 2007
Greg Siskind shares the latest entries from his blog.
USCIS Reminds That CIR Is Not Act
USCIS issued a reminder that although the US Senate is debating and considering immigration legislation (S.1348), that bill has not passed into law.
Help Wanted: Immigration Attorneys
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Help Wanted: Immigration Attorney
Fairfax, VA - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, Northeast Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to Washington District Office USCIS personnel on national security issues and drafting visa petition appeal briefs. Applicants must possess JD degree, be active bar member, and have at least one (1) year of post JD experience. Applicants must submit resume + writing sample not to exceed 10 pages. Send cover letter, resume, + writing sample to Jennifer.Bailey@dhs.gov. All submissions must be received by close of business June 18, 2007. GS11-GS15 levels and is open until filled. No relocation reimbursement available. For more info, key in Job Announcement Number: COU-CIS-2007-0005 at USAJobs.com.
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The International Who's Who Of Business Lawyers 2007 - New York, NY
Austin T. Fragomen, Jr. of Fragomen Del Ray Bernsen & Loewy LLP's New York, NY office was awarded "The International Who's Who Of Business Lawyers 2007" honor. www.fragomen.com.
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It is hard to fault the thoughtful analysis of the proposed point system in the Article by Gary Endelman and Asher Frankel (06/05/07 ID). However, we should be asking ourselves what is the overall purpose of adopting a point system as a replacement for the current employment based and family immigration systems. The answer is clear when one looks to see who the big losers would be, namely Latino immigrants. Latinos have been among the biggest beneficiaries of the family immigration system, and have also benefited much more from the current employment based system than they would from the proposed elitist, higher education, English language oriented point system. The more light that is shed on the details of the point system, the more obvious it will become that this is just one more transparent device for cutting down on immigration from Latin America, as well as other parts of the world where only a small, privileged elite have English fluency and access to higher education.This, without doubt, is the overriding purpose of the entire Senate bill, which is basically a "compromise" between those who want fewer Latinos and those who believe (as a Canadian immigration official was reported to have said about accepting Jewish refugees during World War Two) than none would be too many.
Roger Algase, Esq.
New York, NY
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