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Immigration Daily June 19, 2007
Previous Issues
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Christmas In Summer

All employment-based categories (except for other workers) are now current. It's Christmas in summer as immigration law firms rush to file petitions before retrogression returns. We invite readers to write letters to the Editor sharing your quick thoughts on this singular event and its impact on your immigration practice.

H.R. 6 (the energy bill) is currently on the Senate floor and the Senate is expected to return to CIR next week. The pulling of CIR from the Senate floor about 10 days ago is more a reflection of Senate Majority Leader Reid's ineffective and confrontational over reliance on cloture rather than any defect in SA 1150 to S.1348. We understand that an additional 20-24 amendments are expected to be introduced, including Sen. Hutchinson's touchback provision and Sen. Menendez's automatic eligibility for family members provision. These latter Amendments as well the already passed Dorgan Amendment sunsetting the Y visa may all be poison pills for CIR to move forward. The House calendar is under pressure because of appropriations-related issues that the House must take up. We urge the House to begin subcommittee mark-up of CIR now so that the House can complete its work before the summer recess.

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


Attorney Fees Rule And Other PERM Matters

The rule on attorney fees and substitution instituted by the DOL will be among the PERM topics discussed in this week's seminar with Joel Stewart. The curriculum is as follows:

  • Discussion of the new substitution rule
  • 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 Preference
The deadline to sign up is Wednesday, June 20th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Bloggings: June 19, 2007
Joel Stewart shares the latest entries from his blog.


USCIS Issues Service Center Receipting Update
USCIS released the following projections concerning fee receipting and data entry processing of cases currently at USCIS Service Centers as well as the anticipated in time-compliance dates at each site.

CIS Ombudsman Releases 2007 Annual Report
The CIS Ombudsman's Office released its 2007 Annual Report. For the report highlights, see here. For the entire report, see here.

USCIS On Correct National Customer Service Center Number
USCIS issued a reminder to its customers that the correct phone number for the National Customer Service Center (NCSC) is 800-375-5283.


Help Wanted: Immigration Paralegal
Ft. Lauderdale, FL - Cutting-edge law firm seeks paralegal with 3+ years of substantial experience in the US employment-based immigration processes, including drafting and preparing labor certifications, H1B, E and L visas. Experience with family based, naturalization and mandamus a plus. Fluency in a foreign language preferred. Excellent salary and benefits. For immediate consideration, send resume and cover letter to: Debra Villegas at or fax at (954) 527-8663.

Help Wanted: Immigration Professional
The NYC Human Resources Administration (HRA) seeks a dynamic and dedicated leader for its next Executive Director for the Office of Refugee and Immigrant Affairs (ORIA). Oversee, evaluate, and manage practices and new initiatives regarding refugees and immigrants and limited English-speaking individuals; consult with and train program areas in aspects of determining eligibility of applicants for public benefits; provide community education to external organizations; collaborate with other gov't agencies regarding immigrant issues; represent HRA at immigration-related and language access meetings. Guide HRA's interpretation and translation activities and determine scope for contracted language services; oversee the procurement process; monitor contracts; and supervise subordinate staff. Requirements: 4-year degree from an accredited college + 4 years of professional experience, including 18 mos. of executive, managerial, administrative or supervisory experience. Preference will be given to candidates with a law or master's degree in related field. NYC residency required within 90 days of employment. Salary Range: $56,158 - 119,833. Comprehensive benefits package offered. Send resume to: Donald Shire at or 180 Water Street, 4th Floor, NY, NY 10038. EOE.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Service Center Counsel, Texas Service Center. Responsibilities include, but not limited to, serving as attorney providing legal advice to TSC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be active bar member, and have at least one (1) year of post JD experience. Applicants must submit resume + writing sample not to exceed 10 pages. Send cover letter, resume, + writing sample to Reid Tilson, Deputy Chief of the Service Center Counsel Division, at All submissions must be received by close of business June 22, 2007. GS13-GS15 levels and is open until filled. No relocation reimbursement available. For more info, key in Job Announcement Number: COU-CIS-2007-0006 at

Help Wanted: Immigration Attorneys
Austin, TX - Tindall & Foster, P.C., an established immigration-only practice seeks experienced immigration attorneys. The successful attorney candidate is expected to possess 2-5 years experience in employment-based immigration law. Tindall & Foster, P.C. has been practicing immigration law since 1973 and has organized sub-specialty practice areas in employment-based, investor, outbound, litigation, waivers, consular and employer Sanctions. The Firm has offices in Austin and Houston and continues to expand. Resumes may also be accepted for future positions in the Houston Office as well. Please visit and for more information. 401(K), medical and dental offered. Salary commensurate with experience. Experienced candidates may submit resumes and salary histories to No calls please.

Help Wanted: Immigration Attorneys
Fragomen, Del Rey, Bernsen & Loewy, LLP, an international immigration law firm seeks experienced immigration attorneys with 3-5 years business immigration experience for the New York and Philadelphia offices. The ideal candidate will be familiar with all aspects of business immigration, including NIV and IV, have had extensive client contact, and be able to perform multiple tasks in a fast paced, high volume environment. Candidate must also possess excellent verbal and written communication skills. Competitive salaries and excellent benefits offered. Please send resumes with salary history to

Help Wanted: Immigration Attorney
Sherman Oaks, CA - The Law Offices of Jessica Dominguez, a rapidly growing firm has immediate opportunity for an immigration attorney to join its team. Attorney will represent clients before immigration officers and in immigration courts. Excellent legal research/writing and outstanding communication skills needed. Ideal candidate has 2 years of experience-exceptional, motivated candidates with less experience are also encouraged to apply. Must speak Spanish. We are pleased to offer an alternative work-plan schedule that allows its employees to take one Friday off every eight weeks. Send cover letter + resume to Roxana Muro: All replies will be treated in the strictest confidence and references will not be contacted without prior approval.

Help Wanted: Immigration Attorney
Fairfax, VA - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, Northeast Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to Washington District Office USCIS personnel on national security issues and drafting visa petition appeal briefs. Applicants must possess JD degree, be active bar member, and have at least one (1) year of post JD experience. Applicants must submit resume + writing sample not to exceed 10 pages. Send cover letter, resume, + writing sample to All submissions must be received by close of business June 18, 2007. GS11-GS15 levels and is open until filled. No relocation reimbursement available. For more info, key in Job Announcement Number: COU-CIS-2007-0005 at

Case Management Technology
Are you ready for the new changes in immigration? See why we have a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. INSZoom's case management system is customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company and now employs 70 engineers and 11 sales and support staff. INSZoom is the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email

Expert Witness Services
Are you involved in litigation requiring an expert witness with a sophisticated knowledge of immigration law and agency practice? Look no further. Angelo Paparelli and Lory Rosenberg offer their services as expert witnesses. Their litigation experience includes business, tax, employment, personal injury and family disputes as well as criminal-defense. Angelo has twice been named by his peers as the world's leading authority on corporate immigration and received the AILA President's Award for his work in mergers and acquisitions. Lory is a former Judge on the Board of Immigration Appeals, adjunct professor, co-author of the treatise, "Immigration Law and Crimes", and the recipient of AILA's prestigious Edith Lowenstein award. Offices in CA, NY & MD; Services: worldwide. To discuss how we can assist you with your case, contact Angelo Paparelli at 949-955-5555 or


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.

New Appointment
The British American Business Council of Dallas-Fort Worth (BABC DFW) is pleased to announce that Dallas Immigration Attorney, Eugene J. Flynn, has been appointed its General Counsel. BABC DFW was founded in 1980 and soon became an influential business organization in the community. For the last 27 years it has brought together local people and companies interested in doing business with their counterparts in the United Kingdom. Eugene J. Flynn, P.C.


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:
I would imagine that living in the "high-rollin' Hills", Paris Hilton has, and does, employ illegal domestic staff - gardeners, housekeepers. In Southern California, that is just a fact, and way of life. As to whether or not the illegals "take jobs from Americans" is speculative. Probably not. Many Americans just don't want to work, especially at menial, low paying jobs with no future - and that will ultimately be the downfall of the nation, when welfare replaces motivation and the government becomes the lunch box of the unemployed. It is noble to espouse liberal views on immigration, to welcome the huddled masses of those yearning to be economically self-sufficient, but the reality is that the Hispanic flavor that is being added to Middle America, in towns like Elkhart and Goshen, Indiana, for example, not to mention across all the border states, where it is pervasive, is proving to be disastrous by sheer numbers, creating barrios in communities that were formerly middle-class America, and middle-class Americans are becoming resentful that their communities are being taken over by people with different values, different ways, who do not care about becoming Americans, who do not care about blending in, caring about personal survival in a land that offers them economic opportunity and the ability to send money back to relatives in Mexico. The US dollar is the largest export from the United States to Mexico. Today, there appears to be an attitude of entitlement by American people (not just by Paris Hilton) - entitlement to success without work, to privilege without pain, to services without service, to justice without responsibility. A society built on greed and disrespect is doomed to the fate of other failed societies, Greece, Rome, etc., where failure can be linked to decadence, greed and lack of concern for fellow humans.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Freedom's "a moral imperative", And better to give than to receive, Since work is dirty and freedom is free, Sovereignty must be slavery. That's why the elite lawyers pray, Bush will give aliens amnesty.

Michael M. Hethmon, Esq.
General Counsel, Immigration Reform Law Institute (IRLI)

Dear Editor:
It's disappointing that Congress has yet to reach an agreement on comprehensive immigration reform (CIR). The ship sank because both sides loaded up the bill with too many divisive demands. It's unfortunate as a lot of good people have been working very hard to get a CIR bill passed. As Robert Divine's letter recently noted, "If this indeed is the end of the meaningful process, then the Administration and a host of Senators in both parties can be credited with a very good honest try " (06/11/07 ID). In my opinion, rather than risk sinking another ship with excessive demands, Congress would be better off taking some bipartisan "baby steps". Such baby steps could include several smaller initiatives including: (1) creation of a pilot guest worker program for certain key industries. This will allow CIS and DOS to ramp up for a broader program and allow everyone to evaluate the program on a smaller scale (2) expansion of the H-1B professional visa quota (3) elimination of the sunset provisions of the EB5 immigrant investors pilot program (4) creation of a more secure border-- without which illegal immigration will continue and make achievement of future bipartisan compromises more difficult, and (5) establishment of a bipartisan CIR Advisory Committee to develop workable recommendations for additional reforms. The Committee would deliver well-researched recommendations to Congress and the President within 18 months. The Committee should include representatives from industry, technology companies, unions, government agencies, the immigration bar, national Hispanic and other ethnic organizations, and non governmental organizations. Given the complexity of our immigration laws, and the enormous economic, social, and human impact of amending the Immigration & Nationality Act, Congress should take some baby steps now, and then slow down to "dot the "i's" and cross the "t's".

Greg Berk, Esq.
Irvine, CA

Dear Editor:
It's good approach and support by senators to president bush to revive the immigration bill. It would give legal status to 12 milion immigrants living in US.

Cyril Charles

Dear Editor:
The immigration bill proposed in the Senate seems to have more lives than a cat as it will be resurrected from the dead again and brought to the floor for further debate. Those who oppose amnesty need to continue to make their voices heard as before and with any luck this will be the bill's 9th and final life.


Dear Editor:
Well, my family are legal immigrants. In the system for 7 years already, still waiting "impatiently" for the all important greencard, and ready to head back home, or to Australia, where legal, paying citizens who have skills that can benefit other countries are welcomed. Where being able to speak english counts for something, and paying your own way in taxes, health insurance, schooling etc, is rewarded with permanent residency and citizenship in a much shorter period. "God bless America", no, more likely to be "God help America" if the illegal immigrant issue is not looked at head on.

Linda Cogill

Dear Editor:
The June 7, USA Today news story regarding FBI concern that the "most radical elements of the anti-immigration wing may be susceptible to recruitment by white supremacists is interesting to note. But what USA Today failed to report is that the FBI has been taking actual action, not against white supremacists, but against Hispanic illegal aliens around the country. Illegal aliens that are members of MS-13, Vatos Locos, Little Raza and other criminal gangs. What concerns me is that left-wing radical groups such as the Southern Poverty Law Center, La Raza and Casa of Maryland, openly aid and abet illegal aliens, including gang members. Casa of Maryland has even been distributing an eight page brochure which aids illegal aliens when confronted by law enforcement officials. With the demise of the pro-illegal alien, pro-amnesty, Kennedy-McCain "Comprehensive Immigration Reform" package, the FBI, ICE, state and local law enforcement agencies can now focus their resources on the enforcing the law. This combined with border security, workplace enforcement and self-deportation, should in time eliminate our illegal alien problem. Only then can a true temporary worker program be implemented that is market-driven and sensitive to the interests of the American worker.

Brad Botwin

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