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Immigration Daily

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Immigration Daily May 22, 2007
Previous Issues
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The First Step

The first legislative step toward comprehensive immigration reform is underway. The Senate is currently in session and the cloture vote on the immigration bill is widely expected to succeed allowing the debate to proceed. Immigration reform undoubtedly is difficult and complicated, and our legislative process is designed to be messy at best. S.1348 is now only a bill, and it will take at least two months of legislative action in the Senate, in the House, and in Conference committee, before the country has an Act. CIR will dramatically change over time with add-on provisions and some deletions, we expect at least 20 amendments to the bill in this week alone.

Yet, many have denounced the bill. For example, S. 1348 has been labeled "anti-family". Ironically, enactment of S. 1348 as currently proposed would eliminate the lengthy family immigration backlogs by ensuring that all those in the backlogs get their green cards within 5 years. In lifting this plague off family-sponsored immigration, S. 1348 can properly be seen as "pro-family".

Prudence suggests that just as client matter planning is best based on an Act, not a bill, so also planning for a practice is best based on an Act, not a bill. Stay tuned.

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


Deadline Is Tuesday, May 22nd For PERM With Joel Stewart

We are pleased to announce a tele-seminar with Joel Stewart on PERM matters. The curriculum is as follows:

FIRST Phone Session on May 24: How to Prepare Form 9089 like an Expert!

  • Discussion of the new substitution rule
  • Understanding the O*Net
  • DOT or SOC?
  • SVP: Education, Experience & Training
  • Job Zone Levels
  • Normal v. Special Requirements
  • Job Descriptions
  • Notice Requirements
  • Basic Recruitment Procedures
  • Schedule A & Special Handling
SECOND Phone Session on June 21: How to PERM Proof Your Case
  • Measuring and Managing Dates & Times
  • Professional Recruitment Tips
  • Controlling Prevailing Wage Determinations
  • Avoiding Restrictive Requirements
  • Proving Business Necessity
  • Advanced Filing Techniques
  • Update on the Magic Language
  • Avoiding Common Errors on Form 9089
  • Preparing for 2nd Preferenc
THIRD Phone Session on July 12: Post-Filing Issues In PERM
  • 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, May 22nd. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Office Of Enforcement Operations' Policy And Statutory Enforcement Unit
Mary Healy writes "S Visa applications must be sponsored by a law enforcement agency (LEA) and endorsed by an agency headquarters official and by the [US] Attorney for the district in which the relevant investigation or prosecution occurred."


USCIS Updates Guatemala Adoption Processing Times
USCIS announced that the USCIS office in Guatemala will now take up to 60 days to review initial documents and up to four business days to review final adoption documents in support of an orphan petition.

USCIS Terminates I-140 Premium Processing
USCIS announced that effective Friday, May 18, 2007, it will terminate premium processing service for Form I-140 petitions that request labor certification substitution in accordance with 8 CFR 103.2(f)(2).


Help Wanted: Immigration Attorneys
Chicago, IL - A 30 attorney law firm seeks licensed attorneys to join its immigration practice group. Our practice serves a diverse clientele with business, family, and removal immigration services. Associate: Min. 1-3 years of immigration experience; and Senior Associate: Min. 4 years of immigration experience. Fluency in Spanish is highly preferred for both positions. Please email your resume + cover letter (please indicate position sought in subject header) explaining interest in the position to: This is a blind listing.

Help Wanted: Immigration Attorney
Washington, DC - USCIS seeks experienced attorney for its Refugee and Asylum Law Division. Provide legal advice on domestic asylum law and practice, overseas refugee resettlement programs, temporary protected status, T and U visas, special immigrant juvenile petitions and the Convention Against Torture. A background in public international refugee and asylum law, and an understanding of US immigration law and practice, are helpful. Strong legal research and writing skills, and the ability to complete assignments with short deadlines, are essential. Applicants must possess a J.D. degree from an ABA-accredited law school, be an active member of the bar (any jurisdiction), and have at least one year of post-JD experience. For detailed information, including how to apply by mail, type CIS-COU-2007-0004 in the keyword search here. Applications can be sent by e-mail (all attachments must be in MS Word or Adobe PDF format) to Deadline is close of business on Friday, June 8, 2007. The position is at the GS-13-GS-15 level and is open until filled. No relocation expenses.

Help Wanted: Immigration Paralegals
South San Francisco, CA - Younossi Law has openings for full-time paralegals with 1-3 years and 2-5 years of business immigration law experience. We value team work, exceptional client service and foster an environment which allows for maximum professional growth through education, recognition, and innovation. The successful candidate must have substantial experience in a wide variety of employment-based immigration processes, have excellent people skills, be highly motivated, creative, process focused, detail oriented, and computer savvy. We offer excellent benefits and a salary commensurate with experience. Interested candidates, send your resume to:

Help Wanted: Immigration Paralegal
Washington, DC - Highly motivated, detail-oriented individual sought for business immigration paralegal position. Strong organizational, writing, and interpersonal skills required. Prior business immigration experience desired. Great opportunity for individual interested in challenging, exciting work with international clientele; excellent career advancement possibilities and work environment. Competitive salary and benefits. Visit Please email resume, salary requirements + references to: or fax (202) 483-6801, Attn: Jim Alexander. No calls please.

Help Wanted: Immigration Attorneys
Internationally renowned boutique Wall Street law firm seeks several full time immigration attorneys for its NYC office. 2 years minimum experience required in business, family, asylum, non-immigrant and immigrant visas, and immigration litigation involving MTRs, the BIA, the EOIR, PTRs and stays in the Circuit Courts. Foreign language skills are a plus. Salary and benefits are highly competitive. Send your resume in confidence to Recruitment Coordinator: No telephone calls or faxes please. We will contact you if your skills match our requirements.

Help Wanted: Immigration Attorney
Solo Practitioner in Springfield, NJ with diverse practice is looking for a NJ licensed Associate fluent in Russian language. Immigration practice experience is a plus. Good benefit package. Salary commensurate with experience. E-mail resume to Isabella Mayzel, Esq. at

Help Wanted: Immigration Attorney
Robert W. Yarra, A Professional Law Corporation, Fresno, CA, has an immediate opening for a licensed associate attorney bilingual in English and Spanish. The ideal candidate will have 3 plus years experience in all areas of immigration law, including Removal/Deportation Defense, Family and Business Immigration Law. In addition to courtroom experience, excellent writing skills are required, as this position includes appellate work. Recent law school grads with a demonstrated interest in immigration law also considered. We offer a competitive salary, our benefits package includes 401(k), medical, dental and vision plans. Expedited partnership track considered. Fresno is centrally located between Los Angeles and San Francisco, close to Yosemite and Kings Canyon National Parks. Housing is affordable, cost of living adds to a great community for raising a family. Please mail resume and writing samples to: Office Manager, 1250 Fulton Mall, Suite 202, Fresno, CA 93721 or e-mail Robert W. Yarra at:

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.


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 - Harlingen, TX
Catholic Legal Immigration Network, Inc. (CLINIC) present "Immigration Skills Training". June 4-5, 2007. This two-day training will focus on improving skills in client interviewing, legal research, and legal writing. The deadline to sign-up is May 25, 2007. 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:
A former General Counsel of the Immigration Service once said that on immigration Conservatives have some good ideas. Liberals have some good ideas. Unfortunately we take the bad ideas from both and that is our immigration laws. Looks like the Congress will be following that game plan once again.

Eugene J. Flynn, Esq.
Dallas, TX

Dear Editor:
The latest incarnation of "comprehensive immigration reform" announced yesterday will be a fiasco and will reap worse havoc on the already overburdened USCIS than did the failed amnesty of 1986. Of course, if it succeeds as proposed, which is doubtful but makes good politics just prior to a presidential election, Congress will most assuredly pass the legislation as an unfunded mandate and CIS will be left to attempt to comply with the burdens of the bill using its existing minimal human and computer resources. The system will literally bog down in a quagmire worse than in 1986, when only about three million illegals applied for amnesty. Can anyone even imagine twelve million applications flooding into CIS? It will be worse than this year's H-1B fiasco. Is anyone out there in Congress listening? I doubt it, and to date, I have not been invited to lunch in the Senate Dining Room. It is sad that the issues of amnesty and border protection have diverted attention from the true problems with America's broken immigration system. In fact, if this lame legislation passes the House and the Senate and is signed into law by the President, the proposed unworkable plan with its accompanying impossible financial burdens on the system and the illegals, will actually fail to provide most illegal aliens with permanent residence and become a nagging source of division of ethnicities, promoting hatred and contempt throughout America. With Congress focusing on this foolish plan, the anti-immigrationists have actually won, because attention has been so focused on border security and illegal immigration that the rest of the legal immigration issues and the needs of US employers have gone un-addressed. I predict chaos and no beneficial change in the broken immigration system if this plan is implemented.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Isn't it a little curious that the "estimates" of the number of "illegal aliens" by people who do not seem to be happy with any Latino or Asian immigrants, legal or otherwise, keep going up week by week? KO's latest letter puts the figure at 15-20 million. Last week the restrictionists had it at 10-12 million. Does that mean that up 10 million people are coming here illegally every week? Or is it just a sign of the extent to which anti-immigrant hysteria and madness have taken over in this "nation of immigrants"? At any rate, anti-immigrant paranoia is oozing from almost every provision of the "Grand Bargain", which KO's letter condemns, even though it would accomplish almost all of his or her letter's anti-immigrant agenda. It is ironic that real immigration supporters may succeed in killing this bill only with the help of immigrant-haters who believe their own nonesense that it would grant amnesty to millions of people (during this century, at any rate).


Dear Editor:
Many folks here forgot to mention US citizens and legal residents homegrown terrorists and gun nuts psychos who committed horrendous against the innocents. Strictest immigration laws even closing down the border will not guarantee that our country will be 100 % safe. We need a common sense on gun laws, a tough law on gun abuses and negligence. Parents of kids who can bring their parents' guns to school and shoot their classmates should be held accountable and punished severely. And most of those terrorists who hate and attack us share the same background, they belief in a cult which reject, hate, intolerant, persecute and even annihilate others who don't share their faith even those who are in the same faith but have different sects and interpretation on it. Regardless they're foreigners legal or illegal or US citizens they're very determined to harm us unless they got enlightenment that whatever our beliefs are, they should not be used to hate, persecute, discriminate and annihilate others simply because they don't share the same beliefs. Separation of state and religions is the key that a religion will be in check and never be abused for political power and manipulating the masses for selfish gain. Muslims from Algeria to Indonesia must embrace this if they want to convince the world that Islam is truly peaceful, egalitarian and tolerant faith, not just empty preaching and promises and end all senseless and horrendous blood shed between Muslims vs. other Muslims from different sects and Muslims vs. Non Muslims in general.

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 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