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Immigration Daily

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Immigration Daily June 1, 2007
Previous Issues
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What Influences Asylum Decisions

According to a New York Times news story, "Asylum seekers in the [US] face broad disparities in the nation's 54 immigration courts, with the outcome of cases influenced by things like the location of the court and the sex and professional background of judges, a new study has found." For the full story, see here.

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


Strategic Issues With The H

The curriculum for the June 7th phone session on Strategic Issues with the H is as follows:

  • LCA enforcement issues
  • Work experience equivalency between I129 and I140
  • Prevailing wages relations between LC and LCA
  • Up-to-the-minute Legislative update: Items to be announced before the seminar
  • Up-to-the-minute USCIS update: Items to be announced before the seminar
The deadline to sign up is Tuesday, June 5th. For more info, including speaker bios, detailed curriculum, and registration information, please see: version:


Getting Published: The Foundation For Business Development
Ari L. Kaplan writes "A published article is like currency for building a network, developing a reputation for excellence, and gaining exposure to unanticipated opportunities."


CRS On Foreign Investor Visas
The Congressional Research Service issued a report on the policies and issues related to foreign investor visas.


Help Wanted: Immigration Paralegal
Washington DC - Georgetown law firm has current opening for an experienced immigration paralegal. Duties include but are not limited to: drafting and preparing petitions and H1B visa applications for submission and approval to USCIS; labor certification applications and related filings. Candidates must have a minimum of 3 years experience as an immigration paralegal or similar role; strong proficiency with MS Office; excellent written and communication skills and attention to detail. Firm offers excellent salary and benefits. For immediate consideration, send resume and cover letter to: Garvey Schubert Barer, Attn: Renee Alston by mail: 1000 Potomac Street, N.W. Washington, DC 20007, fax:(202) 965-1729, or email:

Help Wanted: Immigration Attorneys
Washington, DC - Cutting-edge nationally-recognized law firm seeks experienced business immigration and immigration litigation attorneys. Warm collegial atmosphere. No billable hours. Fascinating clients. Challenging work. Competitive salary and benefits (including in-office massage). J.D. plus minimum of two years experience in business immigtration and/or immigration litigation. Excellent writing and interpersonal skills required. Excellent opportunities for advancement. Resumes to Paul S. Haar, 1150 Connecticut Ave., N.W., Suite 900, Washington, D.C. 20036 or e-mail to

Help Wanted: Immigration Paralegal
St. Louis, MO - Busy full service law firm law practice needs experienced paralegal for non-immigrant, immigrant, labor certification and 212(e) waiver cases; intensive client interaction; good writing skills and people skills a must. Immigration work involves corporate/medical/academic institutional clients. Resume to Ms. Maria Harvey, Office Manager, Blumenfeld, Kaplan & Sandweiss, P.C., 168 N. Meramec, Clayton, MO 63105 or No telephone inquiries, qualified applicants will be contacted.

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:

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.

The International Who's Who Of Business Lawyers 2007 - New York, NY
Ellen G. Yost of Fragomen Del Ray Bernsen & Loewy LLP's New York, NY office was awarded "The International Who's Who Of Business Lawyers 2007" honor.


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:
Drew Sieminski, Esq.'s letter (05/31/07 ID) decries my response to his letter and "American greed" in exploiting workers here without permanent residence rights. Sure, it's better to be permanent than not, but how is it "greedy" and "exploitative" to allow someone who desperately wants to come here to work to do so? Yes, it benefits us. That's kind of what contracts are all about. Keeping them here as illegals is exploitative, but I just disagree with Mr. Sieminski's letter's premise, as the child of such workers myself. We're grateful to America and would have been so even if we hadn't been granted permanent residency and then citizenship. One reason any immigration Bill, though I agree this one has real problems, will face tough opposition from the public is the "evil running-dog capitalist" tone of too many legalization proponents and advocates for "the undocumented" like Mr. Sieminski. He has a right to his Marxism, but it hurts his cause, or this one, at any rate. I share Scott Hick's letter's (05/31/07 ID) pessimism about the chances of any immigration bill before the next presidential election. Our dysfunctional all things to all people except those who want a system that works immigration concatenation will teeter on, intentionally undefended no doubt, until then. That surely doesn't serve America's interests, or perhaps I should say, "greed".

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Those of us who are outraged at the way the Senate has eviscerated employment based immigration, not to mention family immigration, can take heart from KO's letter (05/31/07 ID) and those who agree with it. The people on the fringe who are so enraged at the idea of even one single Latino avoiding deportation that they will do anything to kill this bill are actually the best allies of those of us who want a fair and rational law. They will kill the monstrosity known as the "Grand Bargain" or "CIR" for us, so that we can start over again from square 1, possibly after the 2008 election. Forget about the "Grand Bargain". For immigration supporters, it is a fool's bargain. You cannot make a silk purse out of a sow's ear. I am no historian, but I wonder if this country has been so divided over a racial issue any time since the Civil War as it is now. Then, of course, the issue was freedom for African-Americans. Now, it is legal status for Latinos and other immigrants of color.

Roger Algase, Esq.
New York, NY

Dear Editor:
Did you know that the US Consulate in Casablanca has been closed for six weeks? It closed April 16th, 2007, ostensibly to put into effect new security measures. However, there is no re-opening date on the horizon. Negotiations with the Moroccan government are apparently not moving quickly. My clients have told me that the US Government is requesting a wall be built around the current consulate, or that the consular operations be allowed to move to a more secure facility in Casablanca. Nobody wants consular officers to work in dangerous environments. But there appears to be no end in sight to this impasse. In the meantime, interview dates are passing and not being rescheduled. Petition approvals for K-1's & K-3's are expiring. And US Citizen petitioners are flying to Casablanca for interview dates that aren't going to happen. An April 25th update from the consulate suggested that Immigrant Visa applicants apply in other consulates. A list of suggested consulates includes those in France, Germany, Italy, Spain, Belgium, UK and Tunisia. But what if an IV applicant can't get a visa to go apply for a visa? It's a mess. I thought y'all would be interested in that story. Something is amiss in Casablanca.

Marc Ellis, Esq.
Saigon, Vietnam

Dear Editor:
The recruitment obligation for H1B dependent employers is currently found in Section 212(n)(1)(G) of the INA. The way it now reads is "in case of an application described in subparagraph (E)(ii) " such recruitment must be conducted. 212 (E)(ii) refers to H1B dependent employers or willful violators within the past 5 years. Under the proposed Section 421(a)(1)(A)(iii) of S.1348, the language"in case of an application ..." is taken out and inserting "Subject " which means subject to INA Section 212(n)(1)(G)(ii). This says that there is no recruitment obligation for an H-1B nonimmigrant described in Section INA 203(b)(1)(A)-(C)- these are extraordinary ability aliens, outstanding researchers and multinational managers. What does this stuff mean? As I read it, when the H1B petition seeks to sponsor anyone who does not measure up to being of extraordinary ability, or an outstanding researcher or a multinational manager, then there is a recruitment obligation. This is curious since all of these employment-based immigrant categories will be repealed under a points system but their substance survives under the H. Also, the no displacement obligation now will apply to all employers. In a weird way, even though the labor certification and I-140 categories will go away, they live on in the H which has been turned under S. 1348 into a mini-labor certification governed by the standards of the priority worker category. I regret deeply this omission from my article (05/30/07 ID).

Gary E. Endelman, Esq.
Houston, TX

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