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Immigration Daily August 27, 2007
Previous Issues
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Comment

UPL Meets Internet

What does the unauthorized practice of law (UPL) mean in an online world? Take the following hypotheticals:

  • an attorney licensed in Finland advises Finnish nationals living in the US on Finnish law online- clearly, this is not UPL
  • an attorney licensed in Finland with an office in Finland advises Finnish nationals living in the US on US immigration law online- is this UPL?
  • an attorney licensed in Finland and not licensed in the US with an office in the US advises Finnish nationals living in the US on US immigration law online - clearly, this is UPL
Perhaps globalization increasingly will require US immigration attorneys to compete with attorneys worldwide, or perhaps not. Immigration law will be one of the first areas of law to experience globalization if it ever comes to the area of law. We invite our readers to comment.

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


Focus

Latest In Business Immigration Law Practice

ILW.COM is pleased to announce a new 3-part telephonic series: "Latest In Business Immigration Law Practice". The distinguished speakers for the seminar include: Roy Watson, Gary Endelman, David Grunblatt, Angelo Paparelli, Edwin Rubin and other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on August 30: Impact Of DOL Regulations On Substitution, Validity Of Labor Certifications And Payment Of Attorney's Fees

  • Limits on Validity of Labor Certifications - What are the limits? Is this beyond their scope of authority?
  • What about previously approved Labor Certifications?
  • Attorney's Fees: What does the regulation actually restrict? What costs / fees are "related to" the Labor Certification. Are costs related to other petitions also restricted, and can they legally do this.
  • What about existing Fee Agreements / Contracts for work that has not yet been done? Does the attorney need to unilaterally terminate existing agreements or risk sanctions?
  • Does the DOL have the right to control who an attorney may or may not represent and how?
  • Debarrment: When does it apply and is this sanction a valid exercise of power?
  • What should Fee Agreements say for the future?
SECOND Phone Session on September 20: Strategic Uses Of The L-1 Visa
  • L-1A vs. L-1B: What are the differences? Is one easier to get?
  • Executives: Isn't everyone an "Executive?"
  • Key Managers: If I'm not an Executive, then I must be a Key Manager!
  • Functional Managers: The definition and uses of the extraordinary category.
  • Work Locus of an L-1: Can they travel? Can I outsource L-1 employees?
  • What is a Blanket L, and when should I consider it?
  • New / Start-Up Office considerations
  • Mergers & Acquisitions: How changes to business structure can impact the worker.
  • Planning Ahead: Can an L-1 help my client get a green card?
THIRD Phone Session on October 11: EB-1 And Other Options For The Best And The Brightest
  • Extraordinary vs. Outstanding vs. Distinguished
  • When there are multiple options to choose from, which is the best?
  • Is Self-Sponsorship better than Employer Sponsored?
  • What is Schedule A, and is it still an option?
  • When is "The Best" not good enough?
  • Tricks for meeting more than just 3 categories!
The deadline to sign up is Tuesday, August 28th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/august2007.shtm. (Fax version: http://www.ilw.com/seminars/august2007.pdf).


Article

Undocumented Aliens! What Are We Going To Do About Them? Are We Back To Square One, After All The Countless Months And Years Of Efforts!
Pravinchandra J. Patel writes "It should be clear from the governmental records that although "registry" exists today in the INA, it is only in the name."

Change Of Heart On Immigration? The White House Thinks It's Calling America's Bluff
Mark Krikorian of the Center for Immigration Studies writes "But just as the administration completely misread public sentiment on immigration ó the president appears to have genuinely believed his "I'll see you at the bill signing" bravado - they're now misreading the likely reaction to increased enforcement."


News

CRS Report On Trafficking In Persons
The Congressional Research Service's report on trafficking in persons states that before 2000, US laws were widely believed to be inadequate to deal with trafficking in women and children or to protect and assist victims.


Classifieds

Help Wanted: Immigration Attorney
Morristown, NJ - The Law Office of Susan Scheer, an immigration law firm with an inter-state client base, seeks highly motivated attorney with 2+ years of business immigration law experience, family immigration law, and immigration court matters. Ideal candidate excels in a fast paced environment with attention to detail, commitment to client service, and strong written and oral communication skills. Conversational ability in Spanish required. Email or fax resume + writing sample to Julia Pierce, Office Manager julia@susanscheerlaw.com or (973) 984-8490.

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.

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 www.adnet-nyc.com, or email us at information@adnet-nyc.com. Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


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.

New Attorney - Los Angeles, CA
Stone & Grzegorek LLP is pleased to announce that Elsie Hui Arias, a Certified Specialist in Immigration and Nationality Law - State Bar of California Board of Legal Specialization, has joined the law firm. Stone & Grzegorek LLP, 800 Wilshire Boulevard, Suite 350, Los Angeles, California 90017. Tel: (213) 627-8997. Fax: (213) 627-8998. www.lskglaw.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:
This letter is in response to Mr. Utterback's (08/23/07 ID) letter. The riots in France were caused by the frustration of young French citizens of North African descent - i.e. Moroccans, Libyans, Tunisians and Algerians who are 2nd/3rd generation "French" citizens, who are denied employment and educational opportunities because of their background. When you submit an employment application in France, you submit it with photo attached, so that even if your name has been "frenchified" your skin color isn't and you are passed by. There has never been a mechanism in France to assimilate people into being good French people unless they wear a beret and walk down the street with a proper baguette under the arm, much less if they wish to wear a headscarf. The term egalite or equality means the right to be the same - not the right to the same opportunities. I have a girlfriend whose grandfather was from Poland, parents are French and she is as French as Gigi but is constantly asked where she is from because of a slight nuance of "other" in her accent/looks. Here, you can travel around the country and identify the predominate immigrant groups depending on the background of those that settled there. Anyone for beer and brats in St Louis or some good Scandic customs in North Dakota? Cinco de Mayo festivals anywhere there's a Mexican restaurant - as long as we all fly the flag and enjoy the 4th of July and give thanks at Thanksgiving- we are Americans too. I hope no one takes this to be French bashing- I had the privilege of living there a couple of years and would go back again. They have an incredible quality of life and like us are facing societal challenges that are stressing the systems.

Rebecca Black, Esq.

Dear Editor:
This letter is in response to ID's 08/03/07 comment entitled, "Hitting Back At Talk Radio". ID's endorsement of this boycott merely highlights how quickly some parts of the left move to suppress speech with which they do not agree, especially when they lose a debate, and serves to hold up our side to well deserved ridicule.

Thomas E. Moseley, Esq.

Dear Editor:
Robert Yang's letter compares America to Europe and South America (08/23/07 ID). There is no comparison. America is unique, the largest single economy in the world, with poor countries directly to the south; some within walking, swimming or sailing distance, some of whose people chose to unlawfully migrate to better their economic plight. I applaud the European nations for achieving an economic coalition, but this union has taken fifty years, and several incarnations, to achieve and is still in its infant stages as a grand experiment of economic and social cooperation. To join the EU, a country must meet the strict Copenhagen criteria that require a stable democracy that respects human rights and the rule of law, a functioning market economy capable of competition within the EU and the acceptance of obligations of membership, including EU laws. Except for Canada, it would not appear the US could, at this point in time, successfully form such an economic union in the Western Hemisphere, although it has entered into controversial trade treaties. The concept of "one world, one people" and the abolition of borders are, at best, centuries, or millenniums away, if ever. While the issue of immigration is inextricable, it should not be a motivating factor for the formation of an economic union. I disagree with Mr. Yang's letter that "globalization is inevitable." Successful implementation would need to eliminate nationalism, hatred and bigotry and eliminate despotic leaders who seek to rule the world, or at least a corner of it, with their brainwashed citizenry more than ready to go anywhere, anytime, in knee jerk reaction to inflammatory buzz-words, sending their sons and daughters to die in a far off place in order force an unwilling populace to accept their leaderís idea of right on a nation they deem lesser than themselves.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I've practiced immigration law in Puerto Rico for more than 8 years. I recently read ID's (08/08/07) comment about this same issue and for a moment was convinced that it was about my case.

Juan C. Bigas, Esq.
Puerto Rico

Dear Editor:
I would like to gather some background information concerning the report titled: Enforcing Immigration Law: The Role of State and Local Law Enforcement. Was Immigration Daily contracted to do this research and compile this report and if so, by whom? We would also like to know why our City was included in the report and if we feel that our City is incorrectly listed in the report, who can we contact to have this corrected?

Leah Powell, Diversity Administrator
Chandler, AZ

Editor's note: "Enforcing Immigration Law: The Role of State and Local Law Enforcement" was written by the Congressional Research Service, a division of the Library of Congress and was featured in Immigration Daily. The CRS produces nonpartisan reports and analyses upon request by members of Congress.

Dear Editor:
Businesses are looking to lower their costs because they face stiff competition and to meet their bottom lines. Why they do it? Because we, the consumers demand it. We want decent laptops but no more than $700, how? Manufactured in China, softwares are made in India and Russia. Wait, that hurts American "average" middle class labor then. Fine, all will be made in USA by proud but expensive Americans then, but how much will the price will be that Lou Dobbs of CNN and his fans willing to pay ? Are we the consumers willing to pay much more extra because of protectionist immigration and trade laws to protect those special interests? Lou Dobbs is only singing the same litany of complaints every night and offer no realistic solutions to make USA as an attractive and competitive country to do business, invest, spend money and live. He is overpaid to do it. I am more than happy to take over his easy job for less because I complaint better then he does. Americans must realize that nobody can help and change their situation including their flip flopping politicians, unless they empower themselves in this competitive and globalized planet. Top notch education is one of the answer. With high drop outs rates from high schools, low quality and standards in US public education, the out of mind spending frenzy, the future of USA will surely be dim looking. South Americans and Europeans understand the benefits of a unity, free trade and labor movement for their common goals and prosperity, yes many see it as a threat but many see it's a good opportunity to prosper. So, "great wall of USA" anyone?

Robert Yang


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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