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Immigration Daily July 6, 2007
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Attorney Fees Rule And Other PERM Matters

The rule on attorney fees and substitution instituted by the DOL will be among the PERM topics discussed in this week's seminar with Joel Stewart. The curriculum is as follows:

  • Discussion of the New Substitution Rule
  • Alternative Prevailing Wage Determinations
  • Rebutting, Tweaking & Appealing PWD's
  • How to Respond to an Audit
  • Motions to Reconsider & Harmless Error
  • Remands from the CO
  • Final Determinations
  • How to Write and Effective Appeal
  • Review of BALCA Decisions
  • Federal Court Litigation
The deadline to sign up is Tuesday, July 10th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


How To Interview Prospective Clients: Focus On Their Problems And Your Credibility For Success
Trey Ryder writes "If you spend most of the interview telling prospects about your services, you're going about it all wrong."


USCIS Expands Special Immigrant Status Program For Afghan And Iraqi Translators
USCIS announced a temporary increase, from 50 to 500, in the number of Afghan and Iraqi nationals who are translators and interpreters that are allowed to immigrate each year in Fiscal Years 2007 and 2008 under section 1059 of the National Defense Authorization Act.


Help Wanted: Immigration Paralegals
The Washington, DC and San Francisco offices of Morgan, Lewis & Bockius, LLP are currently looking for paralegals to work directly with the Immigration Practice Group. Qualified candidates must be able to work under minimal supervision. The firm offers an excellent compensation and benefits package, outstanding work environment, and comprehensive support to enable our immigration paralegals to assume significant responsibility, including contact with clients. Qualified candidates must have at least two years of business immigration experience in employment-based immigrant and non-immigrant categories. Candidates must possess strong organizational, research and writing skills. Knowledge of PC applications and flexibility to work overtime are required. An undergraduate degree from accredited university is required. EOE. M/F/D/V. Please apply online via the career link of the Morgan Lewis website,

Help Wanted: Immigration Attorney
Seattle, WA - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be active bar member, and have at least two (2) years of post JD experience. Applicants must submit resume + writing sample not to exceed 10 pages. Send cover letter, resume, + writing sample to All submissions must be received by close of business July 16, 2007. GS14-GS15 levels and is open until filled. No relocation reimbursement available. For more info, key in Job Announcement Number: COU-CIS-2007-0007 at

Help Wanted: Immigration Paralegal
Charlotte, NC - Moore & Van Allen PLLC, a large business immigration practice seeks experienced immigration paralegal. Four-year degree is required. Candidate must be well-organized; have strong writing, communication and computer skills with strong attention to detail; and have the ability to work independently on multiple tasks. Prior employment-based immigration experience in a practice is preferred. Candidate should also have experience working with Fortune 500 clientele and international executives. Salary is negotiable and commensurate with experience with an attractive benefits package. Relocation assistance may be offered to the right candidate. Interested candidates, send resume to

Help Wanted: Immigration Professional
Charlotte, NC - Moore & Van Allen PLLC, a large southeastern law firm seeks legal assistant. This full-time position requires an organized self-starter who is able to prioritize assignments while supporting several attorneys and paralegals. Prior experience as a legal secretary and an interest in internationally related immigration activities as well as a 4-year degree preferred. Must have excellent MS Office and typing skills. Send resume for consideration to:

Help Wanted: Immigration Paralegal
NYC mid-town law firm seeks paralegal with immigration experience preparing I-485 applications. This is a temp position. Send resume to: Melanie Smith, Employment Manager,, fax 716-819-4669.

Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., has immediate opening for an experienced immigration paralegal for a very busy immigration practice. Experience in business immigration law, including preparation of H-1B visa petitions and labor certification cases required. Responsibilities include preparation and filing of business and employment-related immigration documentation and communications with government agencies and clients. Qualified candidates must have excellent organizational skills, attention to detail, accuracy, consistency and job ownership. Must possess excellent written and oral communication skills. A bachelor's degree and minimum 3+ years experience required. Qualified candidates, please send cover letter + resume to EOE.

Help Wanted: Immigration Attorney
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., a large international law firm with more than 450 attorneys in eight offices, seeks an immigration associate for the Boston office. Ideal candidate will have at least 4-5 years of business immigration experience. Candidates should have a background in the following: PERM Applications, H1B, O1, J1, E, and I-9's. Experience dealing with immigration consequences of merger and acquisition activity is strongly preferred. Interested candidates should submit a resume Catherine L. Murphy, Lateral Associate Recruiting Manager by mail: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., One Financial Center, Boston, MA 02111 or email:

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.

Expert Witness Services
Are you involved in litigation requiring an expert witness with a sophisticated knowledge of immigration law and agency practice? Look no further. Angelo Paparelli and Lory Rosenberg offer their services as expert witnesses. Their litigation experience includes business, tax, employment, personal injury and family disputes as well as criminal-defense. Angelo has twice been named by his peers as the world's leading authority on corporate immigration and received the AILA President's Award for his work in mergers and acquisitions. Lory is a former Judge on the Board of Immigration Appeals, adjunct professor, co-author of the treatise, "Immigration Law and Crimes", and the recipient of AILA's prestigious Edith Lowenstein award. Offices in CA, NY & MD; Services: worldwide. To discuss how we can assist you with your case, contact Angelo Paparelli at 949-955-5555 or


Readers can share their professional announcements (100-words or fewer at no charge), email: 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 Event
The Office of the CIS Ombudsman (CISOMB) is pleased to invite you to "The Ombudsman's 2007 Annual Report to Congress: Your Questions and Comments". Session 1: Th, July 12, 1:30 - 2:30 pm. Session 2: Th, July 12, 3:00 - 4:00 pm. Please join us to share your comments and suggestions, as well as any issues of concern. RSVP to specifying which call and session time you'd like to join. Indicate the city, state from which you are calling. Participants will receive confirmation email. Send your comments in advance to

Immigration Event - Raleigh, NC
Catholic Legal Immigration Network, Inc. (CLINIC) present "Immigration law and the Impact of Crimes" . July 11-12 2007. This two-day training program will review crime-based inadmissibility and deportability issues, waivers and remedies, and practice pointers for representing an immigrant with a conviction or a pending criminal charge. Proving good moral character for naturalization and other applications will be discussed. To learn more, including summary agenda, fees, and registration information, please see here. ILW.COM is pleased to be a media sponsor for this event.


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:
The fiasco over the July 2007 Visa Bulletin should be called Squeeze Gate rather than Visa Gate (see 07/05/07 ID comment). DOS, annoyed at the slow adjudication process at CIS, and worried that Congress would blame them for wasting un-used visas, issued the initial July Visa Bulletin (EB1, EB2, and EB3 as current) in order "to stimulate demand" at CIS. This is analogous to placing a sharp metal tack on the seat cushion of a chair. In turn, CIS, afraid of begin swamped by over 150,000 applications during the 20 operating days in July (and receiving the lower filing fees) went into high gear to speed up adjudications to max out the EB quota by June 30. Through their conduct, CIS told DOS what they could do with their initial July Visa Bulletin. DOS then issued a revised July Visa Bulletin on July 2 - apparently and erroneously thinking that it had no other option. Unfortunately, US Employers, highly educated foreign nationals, and over-worked attorneys got caught in the middle of the squeeze play between the two agencies. We're all feeling like watermelon seeds right now. Hopefully, the Courts and Congress will step in to stop the ultra vires action and restore some respect to stares decisis. It would also be wise for both agencies to freshen up on the definition of estoppel - where through years of consistent conduct they have induced a certain expectation among their constituents, the plaintiffs reasonably relied on that expectation, and it was foreseeable that harm would result if that expectation was not met. It's also interesting to note that US employers were harmed on an unprecedented scale. It's time for the agencies to have another conference call and to release the October 2007 Visa Bulletin early (current in EB1, EB2, and EB3.)

Greg Berk, Esq.
Irvine, CA

Dear Editor:
Many of the grand immigration compromise bill's opponents have already written in to decry the bandying about of the term "racist", myself included. Peggy Noonan, no racist by any traditional definition and one who bandied the term about herself to describe certain bill opponents, recently summed up a legitimate point of unease among those worried by the primarily Mexican wave they fear will continue rushing in until Mexico's population stops growing in the next generation (excerpted from "On Letting Go", June 29, 2007 WSJ). "A problem with newer immigrants now is that for some it's no longer necessary to make The Decision. They don't always have to cast their lot. There are so many ways not to let go of the old country now, ... And this may have implications down the road, and I suspect people whose families have been here a long time are concerned about it. It's one of the reasons so many Americans want a pause, a stopping of the flow, a time for the new ones to settle down and settle in ... " The following concern is eminently debatable, but it is decidedly not "racist", unless the term simply loses useful meaning and becomes a mere term of abuse.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
"Today EB immigrants will be victimized, FB will be next" (see 07/05/07 ID comment). Next? EB people, welcome to the real world of immigration, where the government shafts you and then argues that you have no grounds to complain, and the BIA rubber stamps every mindless decision of an IJ, and the Congress takes away Judicial Review at every opportunity. My practice has suffered from these kind of shenanigans as long as I can remember.

Bryan Scott Hicks, Esq.

Dear Editor:
Wading through a Honza Prchal letter is sometimes like reading Hegel (not to be confused with Nebraska Senator Chuck Hagel, who usually makes more sense than does the eminent philosopher). However, Mr. Prchal's July 5 letter's objection to the use of the word "bigot" in my June 27 letter is well taken, even though my June 29 letter made clear that that word was not meant to refer to all CIR opponents (myself included), because many sincere immigration supporters had insurmountable problems with that bill. But the real problem with the word "bigot" is that it is inadequate as a description of popular attitudes toward immigrants today, because we are dealing with something bigger, namely fear, hatred and paranoia. This may have a lot to do with the disaster in Iraq. When our duly selected government made its move to grab Iraq's oil in 2003, there were already millions of illegal immigrants in this country, but our media were not yet hyping that largely imaginary threat to our so-called "civilization". Instead, all we heard about was the other mythical threat, namely Saddam's supposed nuclear weapons. Now that we are having our heads handed to us in Iraq (sometimes literally, to the horror of all civilized people) the media have been looking for another enemy, a scapegoat that we can "defeat". They have found a good one, amigos. I apologize for my July 3 letter's cheap shots at David Utterback's letters' struggles with the English language. It would also be nice to see a letter from Mr. Utterback apologizing for the cheap shots against Latino immigrants that are typical of many of his letters, but this is probably too much to expect.

Roger Algase, Esq.
New York, NY

Dear Editor:
Responding to Honza Prchal, Esq.'s letter (07/05/07 ID), repeatedly, my letters to the Editor have hammered out the information that the issue is legal versus illigal. Always responses come back as racism. That seems to be the end of the logic trail. To the letter writers who do not like the spelling 'illigal', thats the way I spell it. You look at different sources and find it different. However, I do have a college degree and I did pay for it. I have always paid my bills and met my obligations. So whether you spell illigal, illegal or not, this is not a spelling contest finding one word to make a case. The issue is I'm an American citizen, a registered son of the american revolution, a Viet Nam veteran of whom most the boys in the family were killed in World War 2. What it all means is that when the countrymen of a nation come togehter for the common good and prevail against evil, our courts somehow accuse the group of white Americans made up of German, Polish, Chechs, Irish, Italians, Mexians, Blacks of prejudice. If you think you're beging prejudiced against, think twice about the American male citizen. Everytime, we do anything for the common good of our country, we're deemed prejudiced. Actually I went to college with gentlemen from many countries around the world and I was a good friend of one from Quito. I especially have empathy for those immigrants coming from Quatamala, after the blood bath there years ago. Nonetheless, the USA is the USA and Americans have the soverign right to vote, and it is our country.

David Utterback

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 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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