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Immigration Daily

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Immigration Daily June 4, 2007
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Points To Consider

The point system proposed by S.1348 has so befuddled many that creative thinking about the point system is currently an oxymoron. Here are some ideas to get the creative juices flowing:

  • The underlying premise of the proposed points system is based on "What have you done to date?" There are two objections to this: (1) quantitative: Is 1 doctor more valuable to the US economy than 20 dishwashers? (2) qualitative: Is a Nobel Prize winner likely to win another Nobel Prize? Age, rather than past achievement, is a better barometer of future performance. (Those who have a history of high successes may not perform after immigrating, for e.g. Albert Einstein, almost all of whose greatest contributions to science were made before immigrating, by contrast, Nikola Tesla who did not even possess a graduate degree when he immigrated, successfully tamed the Niagara Falls after immigrating.)
  • If the point system is good for America eight years hence, it is good enough for us today. Putting the points system into action now for the current family and employment backlogs would provide an immediate test and release additional numbers for creative amendments to the points system.
Finally, CIR is a good time to remind US agencies of their roles and responsibilities. USCIS is a benefits agency and should not have any enforcement components, while CBP and ICE are enforcement arms of the DHS whose priority should be catching terrorists and not catching gardeners, with resources allocated accordingly. Congress may want to remind the agencies of the above through the statute.

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


New 2007-2008 Editions - Essential Immigration Reference Books

ILW.COM is pleased to offer the new completely revised editions of Patel's Immigration Law Library, the 2007-2008 Edition. This collection includes the essential reference resource "The WHOLE Act, The INA (Annotated), 2007-2008 Edition", used by DHS officials, federal court libraries, and many veteran immigration practitioners. Once you have used this version of the INA, you will wonder why you ever used any other! This collection also features the fully indexed 8 CFR, 2007-2008 Edition, fully indexed 20/22/28 CFR, 2007-2008 Edition , and Patel's Citations, 2007-2008 Edition . Buy the library collection ($100 off). For more info, see here.


S. 1348's Retroactive Effect On Family And Employment Categories Not Warranted - A Proposed Solution
Alan Lee writes "We believe that the answer lies in finding more numbers in a way that is politically acceptable so that no one appears to be opening the floodgates."

How Many Americans In Waiting?
Cyrus D. Mehta writes "While the debate on whether to legalize millions of undocumented immigrants and create a pathway for their citizenship continues to rage, a gem of a book advocates for a paradigm shift on how we ought to be viewing immigrants."


CRS Report On H-1B Workers And Current Legislative Proposals
The Congressional Research Service issued a report discussing H-1Bs in S.Amdt. 1150, which has been offered as a substitute to S.1348.


Help Wanted: Immigration Paralegals
Chicago, IL - Laner Muchin, one of the nation's oldest labor law firms, has two full-time paralegal-level position openings: (1) experienced US immigration paralegal and (1) entry-level global immigration specialist. The ideal experienced US paralegal candidate must have 1+ years of substantial experience in a wide variety of US employment-based immigration processes. An entry-level opportunity is available for a global immigration specialist to manage non-US visa case matters. Mandarin fluency required for this position. For both positions, successful candidates must be highly motivated, detail-oriented and have outstanding communication, case management, computer and people skills. College degree required. Competitive compensation package + excellent benefits offered. E-mail cover letter + resume to, specifying either the experienced US paralegal or entry-level global specialist position. We are an affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

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.

Immigration Book
Soul Twins: A Latino Journey From The Edge To Self-redemption. By Oscar Vega Romero. ISBN 978-0-915745-93-7. $22.95 162 pages.


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:
Mr. Prchal in his letter (06/01/07 ID) defends his position that the plan is fair by arguing that the situation is essentially a contract in response to my letter's (05/31/07 ID) deeming certain aspects of the Senate proposal to be exploitative in nature. The problem with his letter's analogy is that contracts can be exploitative in nature and routinely become so when one party has no other options and no bargaining power. When people in the US work for less than minimum wage, they are agreeing to the terms of the deal and the employer benefits from their labor - is that fair? Millions of people around the world toil in sweatshops. They are paid and employers benefit - is that fair? No, its exploitation. At least Mr. Prchal and I agree that keeping undocumented immigrants here with no status is exploitation. But I'm wondering how giving someone only temporary rights to stay here (which will open them up to the same abuses the undocumented population now faces due to a lack of full labor rights) is any less exploitative. If employers can threaten them with removal, they will be abused and exploited. I don't care if Mr. Prchal's letter wishes to call me a Marxist, but his letter is wrong to assert that by arguing for the rights of immigrants, I am somehow hurting the cause for fair reform. On the contrary, if we want a system that works, then it has to be just and equitable to all those involved. That will never be attained without raising the issues, exposing the problem of abuse and speaking out against it.

Drew Sieminski, Esq.
Oakland, CA

Dear Editor:
Gary Endelman's letter's points concerning H-1B are well taken (06/01/07 ID). But would these points make much difference, if the current CIR proposal to eliminate dual intent for H-1B is enacted? Most H-1B's would be denied anyway, if dual intent enters the dustbin of non-immigrant visa history. I wonder if some pro-immigration advocates are not being just a bit too anxious to give away the store in their eagerness to get the consent of the restrictionists for a "legalization" (a/k/a amnesty) program? Of course, I would like to see a realistic program of this type, no matter what it is called, but the effective date seems to be getting pushed even father into the future with each CIR amendment, and the whole program could just as easily (and probably will) disappear completely in a Senate/House conference on the eve of CIR enactment, leaving us with nothing more than vindictive "enforcement" and a legal immigration system in shambles. It is beginning to look more and more as if the real meaning of "CIR" is "Caving Into Restrictionists".

Roger Algase, Esq.
New York, NY

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