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Immigration Daily April 11, 2007
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Unions And Immigrants

About two years ago, the country's labor unions split into two: a coalition of unions with millions of union members bolted from the ranks of the old AFL-CIO, and formed the Change to Win coalition. The AFL-CIO that remained was about a third smaller than its former self. This has had important consequences for immigration, particularly the Comprehensive Immigration Reform (CIR) battle currently underway on Capitol Hill, here's why.

Historically, the largest organized opposition to immigration in the US was big labor. This was true in the late 1800s, and remained true through almost all of the 1900s. The switch of the unions from the "anti" side to the "pro" side in the late 1990s was thus a momentous change and was spear-headed within the old AFL-CIO by the leaders of the unions that have since bolted to form the Change to Win coalition. The new AFL-CIO has been reverting to a bit of the old union behavior - for example, while the SEIU and UNITE HERE (members of the Change to Win coalition) are part of the Coalition for Comprehensive Immigration Reform, the AFL-CIO is conspicuously absent. There is good reason why. Generalizing a bit broadly, the Change to Win coalition unions largely organize occupations that cannot be globalized easily (e.g. waiters, hotel staff, laundry workers), while the new AFL-CIO unions largely organize occupations that are subject to strong global competition (e.g. steel workers, auto workers). Put another way, while we can import a car from Japan, dirty dishes cannot be sent to Mexico to be cleaned. Again generalizing a bit broadly, the Change to Win coalition sees immigrants as future union members, while the new AFL-CIO views foreign workers, both overseas and migrants, as potential competitors for jobs. For those who keep the lessons of history in mind, the fear that the AFL-CIO might soon join the Pat Buchanan-Lou Dobbs anti-immigration gang is reasonable.

Recent events illustrate how this new union landscape is affecting events currently on the Hill. Everyone expected that Senators McCain and Kennedy would join this year, as they did last year, in leading the CIR battle on the Hill. To everyone's surprise, this has not happened, and despite three full months having already passed, the Senate has not had any major bill introduced, nor is any markup currently scheduled. Rumor has it that the fall-out between Mr. McCain and Mr. Kennedy happened over Mr. Kennedy's insistence that undocumented immigrants be covered under Davis-Bacon wages, and Mr. McCain's demurrer thereto. With the Democrats in charge of the agenda on the Hill, Mr. Kennedy apparently thought he could achieve a long-sought-after goal of his friends at the AFL-CIO and extend Davis-Bacon to cover a large swath of the US workforce. Naturally, Mr. McCain did not see this as part of any immigration compromise, and the result has been not just a lost opportunity, but deadlock on Capitol Hill, giving more time for the anti-immigrationists to organize in opposition to CIR.

Since Republican votes will be essential for CIR to become a reality, it will be impossible to avoid enriching corporations in the process of legalizing workers and worker flows. Going for worker protections beyond seeking true portability will likely be self-defeating. Liberal Democrats will have to choose between their old friends in the unions and immigrants. In other words, if CIR does not happen, liberal Democrats will likely be most responsible (much as they will blame the anti-immigrationists, the reality will be otherwise). Swing votes in politics have a disproportionate power, and the few Republican votes necessary for CIR will surely exact a high price. When Congress returns from its Easter break, the future of our nation, and its immigrants, will be in its hands.

We welcome readers to share their opinion and ideas with us by writing to


Robert C. Divine And R. Blake Chisam 2006-2007 Edition

Immigration Practice by Robert C. Divine & R. Blake Chisam 2006-2007 Edition is an invaluable supplement to Kurzban's with a different approach. It is also useful to newer practitioners and paralegals in view of its easy to understand and practical style. This new up-to-date reference work is shipping now! For more info, see here.


Is This Any Way To Run A Railroad: Why America Should Say No To The H-1B Lottery
Gary Endelman writes "The idea of an H lottery makes no sense if the purpose of the H visa is to strengthen the position of the US in the world economic arena."

Joel Stewart Bloggings: April 11, 2007
Joel Stewart shares his latest blog entries.

To submit an article for consideration in Immigration Daily, write:


Updated H1B Count From USCIS - Masters Degree Quota Still Open
USCIS updated its H1B count and said that "119,193 of the H-1B petitions received on April 2 and 3 are subject to the FY 2008 [cap]" and that "USCIS received on April 2 and 3 a total of approximately 12,989 cases requesting an exemption from the FY 2008 H-1B cap because they were filed on behalf of aliens holding a masters degree or higher from a U.S. institution. USCIS can now announce that the cap of 20,000 on these exempt cases remains open and that USCIS will continue to monitor these filings."

CRS Report on Farm Labor Shortages
The Congressional Research Service issued a report on "Farm Labor Shortages and Immigration Policy".


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

Help Wanted: Immigration Attorney
Grand Central Area, NYC - Hodgson Russ LLP, a 225-plus lawyer firm with offices in Buffalo, New York City, Albany, Boca Raton and Toronto seeks an associate attorney for our Immigration Group in NYC. Our group represents multinational corporations, entrepreneurs, athletes, entertainers, scientists and specialized workers. We seek an attorney with experience counseling U.S. and foreign employers. The ideal candidate will have 3-5 years of business immigration experience. Please send cover letter, resume and law school transcript to Mariely Downey, Attorney Employment Manager:

Help Wanted: Immigration Paralegal
Proskauer Rose LLP, one of the nation's largest law firms, seeks an immigration paralegal for its Newark, NJ and New York offices. Must have a minimum three to five years experience preparing non-immigrant and immigrant business visas (H1B, L1, TN, E1, E2, O1, RIR/PERM, etc), generating and completing forms, entering data into a case management system, and performing research. Excellent English writing skills and attention to detail required. Please send resumes to Angela Houghton:

Help Wanted: Immigration Paralegal
Washington, DC - Steptoe & Johnson LLP, an international law firm, seeks an immigration paralegal. Successful candidate has demonstrated experience with business and family immigration practices. We prefer candidates with strong academic credentials, excellent personal qualities, relevant experience in business & family immigration and the ability to work independently and supervise others. We encourage any qualified candidate to apply directly by sending a cover letter & resume to: or fax: 202-261-0627. EOE.

Help Wanted: Immigration Attorneys
Dallas, TX - Reina & Associates is the largest immigration law firm in North Texas. The Firm currently consists of ten full time attorneys in addition to the two positions available. Job description: Perform initial consultations with clients; represent clients before immigration court and CIS; manage heavy case load; oversee paralegals and other administrative staff; complete legal research; draft legal briefs; and complete and review immigration forms. Emphasis in family base immigration and deportation defense. Requirements: JD degree from an ABA accredited law school or a LLM and must be admitted to practice law in the US. 1-2 years immigration law experience or training preferred. Candidates must be resourceful, intelligent, and able to multitask in a fast paced environment. Competitive salary plus comprehensive benefits package offered. Please email resume, cover letter, law school transcript, and a writing sample to Maria Maldonado:

Help Wanted: Immigration Professionals
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, has immediate openings for experienced global visa associates in its San Francisco and Dallas offices. This position presents an exciting opportunity to join the global visa department of a rapidly growing firm. We are seeking someone to participate in the development and execution of our global visa team, as well as the expansion of our client base. We offer a one-stop, comprehensive solution with centralized tracking and global compliance assurance. We have the most up to date technology available, with on-line tracking and management of visa requirements, and cutting edge global immigration services. Candidate must have excellent communication skills, both written and verbal; ability to work well with all levels of personnel. A minimum of five years experience in corporate immigration, with a strong focus on the global visa market. Email resume + cover letter to or fax to 415.217.4426. Only qualified candidates will be contacted.

Help Wanted: Immigration Attorney
Washington, DC - Steptoe & Johnson LLP seeks associate for its business immigration law practice. Ideal candidate has extensive and substantive experience in dealing with clients and supervising paralegals and has substantive knowledge about business immigration. We are an international law firm with 8 offices in 3 countries and more than 450 attorneys worldwide. We encourage any candidate with strong academic credentials, relevant experience in business immigration, and excellent personal qualities to apply directly by sending cover letter, resume, + law school transcript (a copy of your academic record is required) to: Rosemary Kelly Morgan, Director of Attorney Services and Recruiting, Steptoe & Johnson LLP, 1330 Connecticut Avenue, NW, Washington, DC 20036-1795, Fax: 202-828-3661, EOE.

Help Wanted: Immigration Attorney
Downtown Manhattan - Bretz & Coven, LLP, is an AV-rated, full-service immigration firm with a national reputation. Renowned for providing high quality service, the firm has also distinguished itself through federal litigation that has led to significant changes in immigration law. We seek an associate eager to work in a fast-paced, cutting-edge environment that is committed to excellence in delivering legal services. We offer services in all areas of immigration law, including nonimmigrant visas, family- and employment- based immigration, citizenship, asylum, deportation defense, and federal litigation. Qualified candidates should have minimum two years of experience in immigration law practice. Please send resume, salary requirements & writing sample to:

Help Wanted: Immigration Paralegals
Iselin, NJ - Exceptional and challenging career opportunities available for you at Fragomen, Del Rey, Bernsen & Loewy, LLP, a prominent global immigration law firm. We have openings for entry-level assistant paralegals as well as paralegals with 2 + years of corporate employment immigration experience. The ideal candidate is an integral member of our team, working closely with attorneys and paralegals on all aspects of corporate employment immigration. Must possess excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. College degree (BS or BA), MS Word and Windows 2000 required. Fragomen offers highly competitive salaries and excellent growth opportunities. Please submit resume and writing sample to:

Help Wanted: Immigration Attorney
Downtown NYC - The Law Office of Barbara J. Brandes seeks experienced associate to represent individuals before the US Immigration Courts, attend adjustment of status, Stokes, and naturalization interviews. Good research and writing skills needed as individual will gather supporting evidence; prepare affidavits, write briefs, memoranda of law, motions to reopen/remand/reconsider, and federal court briefs. Prepare asylum applications, conduct research, interview clients, and witnesses in preparation for hearings. Minimum 2-3 years of related experience desired. Great opportunity for self-starter to work on wide variety of immigration law cases with seasoned practitioner. Knowledge of Spanish preferred. Competitive compensation package offered including health insurance and SEP. Salary based on experience. Submit your resume + cover letter to Barbara J. Brandes: All submissions remain confidential.

Back Office Services
We offer a wide range of back-office & clerical support services to immigration attorneys in NIV and IVs, including managing checklists, form completion, drafting cover/employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. Our services cover document generation, data entry, accounts, scheduling/calendaring, clerical & archival. Adnet Services, Inc. Headquartered in New York City, Adnet Services provides the highest quality services to law firms enabling them to cost effectively and securely outsource law firm back office processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as a virtual extension of your office providing 24 x 7 support and significant cost savings. Convenient billing options are available. For more info. Contact Johaina Mumtaz at or call 212 406-3503 ext 224.

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, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


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 - San Diego, CA
What is the Potential for Binational Political Involvement among Mexican Immigrants to the U.S.? 3:00-5:00 p.m., Tuesday, April 24, 2007, Conference Room 115, Institute of the Americas, Eleanor Roosevelt College Administration Building, University of California, San Diego. Contact: (858) 822-4447 or


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:
Michael Hethmon's letter (04/10/07 ID) is eloquent in explaining the purported horrors of mass immigration which, as everyone knows, is now in large part by Latinos, Asians and people from the Middle East. America has, however, had many other periods of mass immigration before, involving Irish, Jewish, Italian and other mainly white immigrants. Most Americans praise and respect the struggles of those earlier immigrants to escape poverty and prejudice at home by seeking a better life in the US, even though many Americans at that time were just as opposed to those European immigrants then as today's restrictionists are to non-white immigrants seeking the same goals today. Why do so many people revere the mass immigrants of earlier eras and despise those seeking to come now. Could it possibly have something to do with skin color?

O.S. Fergusen

Dear Editor:
It's really dangerous to presume that having a REAL ID will make us safer (ID comment 04/09/07). We had enough shootings in the malls, schools, highways, churches and recently and CNN tower in Atlanta all were done by US citizens who possesed guns legally or illegally. REAL ID will create so much hassles and invasion of privacy while no guarantee on our public safety. We need a though gun control and possibly by not allowing civilians to posses any guns. The right to bear the arms is to fight the enemies who are attacking us not for shooting cheating spouses and exes for dumping us. Guns at homes are absolutely dangerous, careless parents forget to lock them up and kids stealing them to shoot their classmates, spouses can go insane knowing their cheating partners and use guns to kill them. We need a zero tolerance law on gun abuses and have to impose capital punishment on the most horrendous crimes not a silly policy which will confiscate our freedom and privacy rights. And we need a consistency also in our trade policy, are we for free enterprise and free market or back to trade wars and protectionism for special interests. We must reform our immigration laws to make our country prosper and competitive not to protect special crying babies' interest who live in denial that they don't have to compete by merits.

Robert Yang

Dear Editor:
I keep getting an error message when I enter my email, but I'd like to subscribe to both Immigration Daily and Immigrant's Weekly.


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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X