Attorney Eugene J. Flynn, of Dallas, TX points out that the links to DOL in yesterday's issue are case sensitive and do not work. We reproduce below the correct links in all caps.
From the BALCA Benchbook, Chapter 23
From the BALCA Benchbook, Chapter 23 Supplement
From the BALCA En Banc Summaries
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The Nurse Immigration Book
The table of contents of this definitive work is as follows:
I. FOREWORD: Why A Nurse Immigration Book? By William Stock
II. PREPARING AN IMMIGRATION CASE:
III. UNDERSTANDING THE NURSING CRISIS:
- H-1 Visas For Nurses By Greg Siskind and Esther Fridman
- TN Status For Nurses By Christopher Wendt
- Practice Pointers for Presenting TN Applications By Leslie Holman
- An Outline Of A Typical Nurse Case, Including Consular Processing By Joseph Curran
- Adjustment Of Status For Professional Nurses By Sylvia Boecker
- Building International Bridges By Commission On Graduates Of Foreign Nursing Schools (CGFNS International)
- Tips For Staffing Companies In Planning Their Posting Strategies By Ronald Nair
- Licensure: US State Licenses For International Nurses By Patrick Curran
- Immigration Basics For Allied Professional Healthcare Workers By Christopher Musillo
- Managing Or Achieving Expectations: The Key To Success By Michael Hammond
IV. RECRUITING AND RETAINING NURSES:
- Global Issues In Nurse Recruitment By Joseph Curran
- The Nurse Shortage: Why It Matters By Carl Shusterman
- Deadly Consequences: The Hidden Impact Of America’s Nursing Shortage By Stuart Anderson
- Aiding And Abetting - Nursing Crises At Home And Abroad By Sreekanth Chagaturu and Snigdha Vallabhaneni
- US Visa Policy Competition For International Scholars, Scientists And Skilled Workers By Phyllis Farrell Norman
- Better Late Than Never: Workforce Supply Implications Of Later Entry Into Nursing By David Auerbach, Peter Buerhaus and Douglas Staiger
V. AFTERWORD: Musings After 2 Decades In Nurse Immigration By James David Acoba
- The Business Of Nurse Immigration By Mireille Kingma
- Recruitment Of Workers In The Philippines: Playing Ball With The POEA By Ronald Nair
- Successful International Nurse Recruiting By C. Philip Slaton
- Nurse Assimilation By Yvette Mooney
- Hospitals' Responses To Nurse Staffing Shortages By Jessica May, Gloria Bazzoli and Anneliese Gerland
- Nurse Perspectives Of The Migration Experience By Mariah Rutherford-Olds
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Six Things That Drive Clients Crazy And What You Can Do to Avoid Them
Ed Poll writes "Because clients usually call lawyers when they have a problem, attorneys need to find ways to eliminate the unnecessary irritants that really send clients up a wall."
Bloggings: June 13, 2008
Christopher T. Musillo of the Hammond Law Group shares the latest entries to his firm's blog.
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DHS Publishes Notice On ESTA
DHS published a notice on the Electronic System
for Travel Authorization, to collect and maintain a record of
nonimmigrant aliens who want to travel to the United States under the
Visa Waiver Program (VWP).
ICE Publishes SEVIS Brochure
ICE released a brochure describing the new SEVIS II system.
Help Wanted: Immigration Paralegal
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Help Wanted: Immigration Paralegal
New York, NY - Bretz & Coven, LLP, a fast-paced Manhattan immigration law
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other foreign language (Hindi, Spanish, Creole French, etc.). Qualified
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McCain, GOP Face Hispanic Tipping Point
As the largest minority group in the United States, Hispanics are finding their political sea legs in a year in which their votes could, and likely will, swing the presidential election.
Senator Tries To Keep Valedictorian From Deportation
Plans to deport an Armenian high school valedictorian in Fresno, California, were put on hold Tuesday after Sen. Dianne Feinstein took steps to make him and his family legal U.S. residents.
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"Mexican Immigration to the United States (National Bureau of Economic Research Conference Report) " George J. Borjas (Editor), University Of Chicago Press, 264 pp. Hardcover, ISBN: 0226066320, $60
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There are some problems with your "More On Diversion" comment (06/12/08 ID).
First the links are case sensitive and everything from "public" to the end of each links needs to be capitalized for them to work.
Second, the old BALCA Benchbook (May 1992) has always had an improper citation for Matter of Engineering Technology, Inc., 89-INA-10 (BALCA Jan. 11,1990). The cite 88-INA-508 is In The Matter of Precision Airparts Support Services, Inc. as noted further down in the ID comment.
Eugene J. Flynn, Esq.
Editor's Note: Thank you for pointing out the error, please see comment above.
I read with some amusement the ID comments on "diversion" (06/12/08 ID) - the practice of offering other positions to US applicants during the market testing phase of labor certification.
The whole idea of Labor Certification, in its treatment of competitive forces, seems to have come straight out of a Soviet era manual. There's no such thing as "qualified". There's only more qualified and less qualified. Companies seldom look at one individual while making a hiring decision. Right now, companies go through the exercise of looking for the best candidate and if that candidate happens to be foreign-born they have to repeat that exercise to prove that they didn't find a better US candidate - only that they replace the words "not better" with "not qualified".
Why can't congress simply set a percentile wage level (of US-wide wages), above which any foreign-born employee is automatically deemed to be labor certified? Why bother with exceptional abilities, outstanding researchers or the elaborate market testing ritual? If they are really exceptional and outstanding, crossing that wage level would just be a walk in the park for them now, woudn't it? Congress could even define, or let DoL define, EB categories in terms of percentile wage levels (and/or the amount of time the foreign national has been earning those wages) instead of arbitrarily setting education and experience levels like it does now.
That would not only make a lot more sense, it would save Mr John Q Taxpayer a load of money and it would enormously simplify the whole process for applicants. For a country that sets so much store by market forces, why can't its immigration policy put some faith in the market for crying out loud.
The letter of J. Fitzgerald (6/12/08 ID)
carefully contrives a specious and simplistic argument that our entry
laws are "bad" because entrants have families and they are violated for
economic reasons. You could similarly justify robbing banks. Jesus
taught not to covet or steal and to obey the laws of land. Migration is
not a "force of nature", it's a choice people make and if they make the
wrong one, laws and enforcement are justified. The letter of H. Prchal
(6/12/08 ID) may have misinterpreted my letter (6/11/08 ID). The
Buchanan quotes were not against or "denouncing free trade" as a pure
concept -- They pointed out that the present mercantilism or
nationalistic policies being practiced by some other trading nations are
"not free trade", but unfair trade and they certainly are working for
them, but not US. Neither are the various trade agreements "free trade",
but managed trade by Globalists for their benefit, superseding our
sovereignty, all of which work against US as our current economic woes
attest. We are, "in a recession now". It is a spendthrift Congress that
has been the beneficiary of "inflating the currency", not citizens who
have to pay higher prices. If the HP letter believes the government
figure of an
unemployment rate of 5 1/2%, it also would believe that all Aztlan
invaders are assimilating. Wal-Mart is "mercantilist" as their policies
enrich and protect them and their markets by using essentially slave
labor. When they and the other Globalists have solidified their
monopolistic positions, how much "value to the economy" will we see then
when the competition has effectively been eliminated and they can charge
whatever prices they wish?
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