ILW.COM - the immigration portal Immigration Daily

Home Page

Advanced search

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW


Chinese Immig. Daily


Connect to us

Make us Homepage


Immigration Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily August 13, 2007
Previous Issues
The unmatched news resource for legal professionals. Free! Join 17,000+ readers


What Is USCIS?

One wonders what is going on at USCIS with the number of reversals coming from the agency in quick succession. For example, the VB Gate debacle - thankfully reversed, e-filing maintenance schedule - reversed, USCIS prepaid mailers policy - reversed, and lastly, premature posting of the new I-485 forms - reversed. Sadly, these incidents paint a picture of a benefits agency that is alienated from its customer base and woefully misguided in its mission. The message that USCIS conveys when it puts on its homepage an image stating "Protecting America, We are USCIS" is that our country is to be on guard with respect to immigrants. It is an affront to the enormous contributions that immigrants have overwhelmingly made to this country. No one denies the importance of homeland security, however, the USCIS is a benefits agency. Money is the milk of politics, they say. Perhaps Rep. Lofgren's recent proposal to void the USCIS fees is what it takes for USCIS to be reminded of its core mission.

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


Latest In Business Immigration Law Practice

ILW.COM is pleased to announce a new 3-part telephonic series: "Latest In Business Immigration Law Practice". The curriculum is as follows:

FIRST Phone Session on August 30: Impact Of DOL Regulations On Substitution, Validity Of Labor Certifications And Payment Of Attorney's Fees

  • Limits on Validity of Labor Certifications - What are the limits? Is this beyond their scope of authority?
  • What about previously approved Labor Certifications?
  • Attorney's Fees: What does the regulation actually restrict? What costs / fees are "related to" the Labor Certification. Are costs related to other petitions also restricted, and can they legally do this.
  • What about existing Fee Agreements / Contracts for work that has not yet been done? Does the attorney need to unilaterally terminate existing agreements or risk sanctions?
  • Does the DOL have the right to control who an attorney may or may not represent and how?
  • Debarrment: When does it apply and is this sanction a valid exercise of power?
  • What should Fee Agreements say for the future?
SECOND Phone Session on September 20: Strategic Uses Of The L-1 Visa
  • L-1A vs. L-1B: What are the differences? Is one easier to get?
  • Executives: Isn't everyone an "Executive?"
  • Key Managers: If I'm not an Executive, then I must be a Key Manager!
  • Functional Managers: The definition and uses of the extraordinary category.
  • Work Locus of an L-1: Can they travel? Can I outsource L-1 employees?
  • What is a Blanket L, and when should I consider it?
  • New / Start-Up Office considerations
  • Mergers & Acquisitions: How changes to business structure can impact the worker.
  • Planning Ahead: Can an L-1 help my client get a green card?
THIRD Phone Session on October 11: EB-1 And Other Options For The Best And The Brightest
  • Extraordinary vs. Outstanding vs. Distinguished
  • When there are multiple options to choose from, which is the best?
  • Is Self-Sponsorship better than Employer Sponsored?
  • What is Schedule A, and is it still an option?
  • When is "The Best" not good enough?
  • Tricks for meeting more than just 3 categories!
The deadline to sign up is Tuesday, August 28th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


An Immigrant's Tale: Loving Your Job, America Style
Chris Colin writes "I wanted to talk to Erwin because his experience as an immigrant is inseparable from his experience looking for work, which became necessary as soon as he arrived."

The Politics Of Immigration: An Excerpt
Jane Guskin and David L. Wilson provide the answers to many immigration-related questions, including: "What if we deport all the "illegal" immigrants?" and "Are "guest worker" programs a solution?"


DHS Fact Sheet On Immigration Enforcement Measures
DHS issued a fact sheet on measures to be taken to secure our borders and enforce current immigration laws.

Advance Copy of DHS Final Rule On Safe Harbor Procedures For Employers Who Receive A No-Match Letter
We provide an advance copy of the DHS final rule to be published in the Federal Register stating safe harbor procedures that an Employer can follow when it receives a no-match letter from the Social Security Administration or receives a letter regarding employment verification from the DHS.


Help Wanted: Immigration Professional
San Francisco, CA - The Catholic Legal Immigration Network, Inc. (CLINIC), a nonprofit legal services organization, has an immediate opening for a Project Director for a newly-created Immigration Advocates Network (IAN). IAN is a collaboration of immigrants' rights organizations whose goal is to create an integrated national legal and advocacy support network to increase access to justice for low income immigrants. The Project Director is responsible for overall management of the project, including strategic direction and project planning and sustainability. This position will also oversee project staff (initially a Project Coordinator position located in NYC) and report to senior CLINIC staff and the IAN Working Group. For more details, see here. Interested applicants should submit resume, references, + writing sample by August 30, 2007 to Juakeita Norman at No telephone calls. EOE.

Help Wanted: Immigration Attorney
Rockville, MD - Largest suburban MD law firm seeks proactive, result-oriented immigration associate with 3+ years of attorney immigration law experience, including Emp.-Based IV (EB-1, EB-2, EB-3), and NIV (E-1, E-2, H-1B, L-1A, L-1B, O-1, TN), Family-Based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. If you have excellent academic credentials and strong drafting skills, you will find an exciting, diverse practice with opportunity for further career development. Work with a team of experienced immigration attorneys and professionals who are passionate about the practice of immigration law in a fast paced, collegial setting with all the resources of a large law firm. Excellent salary/benefits package. Submit resume to: Ms. Maura Bowen, Shulman, Rogers, Gandal, Pordy & Ecker, P.A., 11921 Rockville Pike, 3rd Fl., Rockville, MD 20852-2743. Fax (301) 230-2891.

Immigration Consulting Services
Angelo Paparelli and Lory Rosenberg - two nationally-renowned experts with an unrivaled breadth of immigration law knowledge and expertise - provide immigration-related consulting services to corporate executives, general counsel, HR departments, foundations, attorneys and law firms in private practice. They consult on employment-based immigration, job portability, remedies for status violations, mergers and acquisitions, immigration-related corporate policies, crisis communication, government investigations, employer sanctions, legislative advocacy, waivers of ineligibility, asylum, immigration consequences of criminal convictions, litigation, relief from removal and appeals. Offices in CA, NY & MD; Services: worldwide. To discuss how we can assist your case, contact Angelo Paparelli at 949-955-5555 or

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 - NY, NY
Address on Immigration. Sponsored by the New York Young Republican Club. 7:00 pm, August 16, 2007. The Union League Club 38 East 37th Street, New York, NY. Speaker: Mark Krikorian, Executive Director, Center for Immigration Studies. Event is free and open to the public.


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:
An email that I received is another illustration of why the immigration bar and pro-immigration advocates will continue to have a hard time with the public. The second sentence of the opening paragraph which states "With the H2B Temporary Worker Visa program you can most likely hire foreign nationals who are ready to work hard for much less than laborers hired from the local area- and they are perfectly legal." says it all.

Harry Sheinfeld, Esq.

Dear Editor:
Sid Lachter's letter (08/10/07 ID) correctly points out that it's not a crime to be unlawfully present in the US, although it's illegal. To be a crime, a statute would need to be enacted making unlawful presence a crime, rather than a mere violation of a non-criminal law. It is my understanding that ID is an internet-based basically directed toward immigration lawyers, with the general public welcome to read and benefit from the timely information provided and to express their opinions in the Letters to the Editor column. ID does a fine job of publishing differing opinions, even opinions critical of their own editorials. It is good to have input by lawyers and non-lawyers. I have noticed that sometimes non-lawyers use ID as a vehicle to vent their hatred toward the legal community, or to make unsupported and erroneous opinion-based claims as to statistics or what is immigration law, practice or procedure. Lawyer bashing serves no beneficial purpose and opinion does not constitute law and the danger in expressing erroneous opinion in any public forum is that some readers may read and interpret these misrepresentations as truth, and then may not read a next-day correction or clarification, such as that offered in Mr. Lachter's letter. America is embroiled in an immigration debate of monumental proportion. But there is too much misinformation being circulated. As a result, post 9/11, most of the proposed legislation has been introduced by politicians who really do not seem to understand the broader picture of world migration, and instead have turned the immigration debate into a war on terrorism. Of course, what is, or is not, good law, is the subject of debate - perhaps a sort of "Catch 22" for the country, that may never result in good law, but which has the potential to irreparably divide Americans into "us" against "them".

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
China has internal immigration control that won't let Chinese from rural and interior China provinces move to big cities like Shanghai, Beijing etc. on its east coast to avoid social and overcrowding problems. It needs special permits to live in big Chinese metropolis for people who aren't the natives on those cities, but at the other side Chinese government tries to pump billions of dollar to inner provinces and rural areas to improve the infrastructures and living standards there and attract new investments in those areas so they can be at a par with other cities as well. Many Chinese are happy to stay and live in Urumqi, Xinjiang province or Lhasa in Tibet instead of Shanghai, since they're now quite modern and comfortable, jobs and opportunities are plenty. Lhasa has a double tracks new rail connection to other Chinese cities and the economy is improving. The only reasonable ways to reduce immigration to the USA is by helping Central American nations to fight corruptions, gangsters and liberalize their economy to attract investments and helping hands from USA and Canada. Huge economic gap is the reason of why poorer nations citizens keep flowing to wealthier nations legally or not.

Robert Yang

Dear Editor:
I am responding to Steve Landess's 08/10/07 ID letter which stated, "The fact is that "illegal" and "criminal" do not mean the same thing and being in this country illegally is not a crime." In my dictionary illegal is criminal and criminal is being a crime, so I definitely see the relationship. Illegal entry into our country and visa abusing is a violation (breach, infraction, trespass, infringement, transgression) of our immigration laws. For just a few crimes that are obviously criminal, in massive degree and on going are: stealing people's identification, use, making of, buying or selling fraudulent documents,and/or to use such to obtain money, social services,to work, hiring unlawful workers,tax evasion,harboring, aiding and abetting criminal activity,Smuggling humans, attacks on Americans and threats for speaking out against illegal immigration, drugs and gang activity, entry of those with criminal records from other countries and anyone who participates in such, are criminals and felons. I wouldn't compare any of these crimes to "failing to pay a debt or violating a zoning ordinance".I find this a disingenuous comparison to the rule of law that concerns most people reguarding criminality,interior enforcement and security for the national interest of our country and definitely a disquieting crisis where illegal immigration is concerned.

Karmeea Adamas

Dear Editor:
In response to Sid Lachter's letter to the Editor (08/10/07), to break a law of a country is a crime, and a person who commits a crime is a criminal. Illegal is an act that is done against the law or not done according to the law. To overstay visa is illegal, because this act is done against our immigration law. Similarly, without visa to entry our country is also illegal, because it is not done according to our law. Thus, both crime and illegal are contrary to law.


Dear Editor:
I am trying to locate the text of Passport Bulletin 96-18. I am having the hardest time doing so. Does anyone have any ideas?

Chad Van Cleave

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