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Immigration Daily

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Immigration Daily October 4, 2007
Previous Issues
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Missouri State Rep Pleads Guilty To Immigration Charges

According to a news story, "[Nathan] Cooper pleaded guilty Aug. 9 to creating shell companies to hide the real employers of foreign truck drivers and to purchasing temporary worker visas intended for hospitality workers for use by the drivers." For the full story, see here.

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


Robert C. Divine And R. Blake Chisam

Immigration Practice by Robert C. Divine & R. Blake Chisam is an invaluable supplement to Kurzban's with a different approach. It is also useful to newer practitioners and paralegals in view of its easy to understand and practical style. For more info, see here. To order by fax, see here.


BIA And Second Circuit On Grandfathering Under Section 245(i) And Implications For Employment-Based Cases
Cristina Velez writes "Recent decisions from the Board of Immigration Appeals and U.S. Court of Appeals for the Second Circuit raise new questions on an "old" issue: when an immigrant visa petition or labor certification filed on one's behalf prior to April 30, 2001 was "approvable when filed" and therefore permits one to adjust his or her status to permanent residence under the grandfathering provisions of Section 245(i)."

Bloggings: October 4, 2007
Greg Siskind shares the latest entries from his blog.


ETA Announces End Of PERM Backlog
The Employment & Training Administration of the DOL announced that the permanent foreign labor certification program's backlog has been eliminated, with nearly 99 percent of cases completed and the remainder awaiting responses from employers.


Help Wanted: Immigration Paralegal
Dallas, TX - Exceptional and challenging career opportunities available for you at this prominent global immigration law firm. Ideal candidate will work on site at client. Must have 24 years of law firm experience or corporate U.S. business immigration experience within professional services firm/hi-tech industry preferred. Experience processing H-1B, L-1 (blanket & non-blanket), TN, B-1 required. Must possess excellent verbal and written communication skills, strong employee relations skills; demonstrate ability to make independent, sound judgments under critical and time sensitive conditions; must be detail-oriented with strong analytical and organizational skills, and ability to perform multiple tasks in fast-paced environment. Bachelor's Degree, Microsoft Office including Excel, Word, Acces, PowerPoint required. Firm offers highly competitive salaries + great benefits. Please submit resume, writing sample, + salary requirement to:

Help Wanted: Immigration Attorneys
NY, NY - Fragomen, Del Rey, Bernsen & Loewy, LLP, an international immigration law firm seeks (3) experienced immigration associates. Position (1) requires 2-4 years business immigration experience, as an attorney; Position (2) requires 4-6 years business immigration experience, as an attorney; and Position (3) requires 3-5+ years of business immigration experience, a proven track record as writer on immigration issues, and the ability to work under pressure. Ideal candidates familiar with all aspects of business immigration, including NIV and IV, have had extensive client contact, and can perform multiple tasks in fast paced, high volume environment. Must also possess excellent verbal and written communication skills. Competitive salaries + excellent benefits offered. Please send cover letter, resume, writing sample, + salary history to Fragomen is an equal opportunity employer.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for Service Center Counsel position at the Texas Service Center. Responsibilities include, but not limited to, 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 an active member of the bar and have 1+ years of post JD experience. For full details, enter: COU-CIS-2007-0009 here. Preference given to applicants with immigration experience, excellent academic record, + strong writing skills. Submit cover letter demonstrating specific skills, experience, and interests qualifying candidate for position. Applicant should list references but recommendation letters not necessary. Applicants must also submit a resume and a writing sample (max. 10 pps). Send to: Reid Tilson, Deputy Chief of the Service Center Counsel Division, at Must be received by close of business Friday, 9/28/07. Position is at the GS-13-GS-15 levels. Open until filled. No relocation reimbursement expenses available.

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.

Immigration Book
Atlas of Human Migration By Russell King. Firefly Books, 192 pp. Hardcover, ISBN: 1554072875, $26.40.


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:
You published my critique of Cyrus Mehta's "Golden Mean" article (10/02/07 ID Article). ID published a letter from Mr. Mehta (10/03/07 ID) in which characterizes my critique as unbalanced, full of distortions, highly polemical, offensive, and shrill. But readers can see for themselves that my critique is based on a systematic review of Mr. Mehta's own words in the light of the actual law. It does not contain a single personal or ad hominem statement. It is Mr. Mehta's own Golden Mean concept that is distorted, unbalanced, and contary to law. His rebuttal of my critique, which ID states will be published soon, continues to advocate positions that are without legal foundation and pose grave dangers for immigration clients and for the immigration bar. I will be publishing a "surrebuttal" soon, and I hope ID will consider publishing that as well. It is an important debate.

Bruce A. Hake, Esq.

Dear Editor:
The new naturalization test is wrong to use the phrase "National Holidays." The US does not have "National Holidays." The federal government can declare holidays for federal employees but they cannot force the States to also declare the same as holidays. The Federal government does not require private businesses to close on the public holidays. Hence they are not "National Holidays.

Eugene J. Flynn, Esq.
Dallas, TX

Dear Editor:
It is interesting that Mr. Hethmon's letter (10/03/07 ID) cites as support Congress' knowledge and intent in renewing the Basic Pilot/E-Verify program. In 2003, efforts to open up government databases to state/local governments were denied. There were two competing bills in Congress in 2003, H.R. 2359, and S. 1685, with the Senate's bill ultimately winning. According to one Congressman's comments, he supported the Senate bill stating: "The Senate-passed measure that we are considering today, S. 1685, is an improvement on the House bill. Unlike the House bill, this bill does not open up access to the databases of DHS and the SSA to other Federal agencies or to State/local government agencies." (Cong. Rec. E2389 (Nov. 22, 2003) comments by Rep. Udall) I believe this calls into question the ability of "sub-federal" efforts of state/local governments to request status inquiries of a company's employees. Even if a state/local government is a 287(g) program participant, it's questionable that they are authorized to police worksites. Pursuant to ICE's recent 927/07 "Section 2879(g) fact sheet", ICE stated, "The 287(g) program is not designed to allow state/local agencies to perform random street operations ... In outlining the program, ICE representatives have repeatedly emphasized that it is designed to identify individuals for potential removal, who pose a threat to public safety, as a result of an arrest and /or conviction for state crimes." I am also not convinced that 8 USC 1373 grants state/local governments the power to inquire in the area of worksite enforcement, as Oklahoma and Arizona's statutes purport. Where is the legal authority? The emperors of Hazelton, Arizona and Oklahoma might be convinced a few pieces of cloth constitutes clothing but I am not buying it.

Anthony Weigel, Esq.
Kansas City, MO

Dear Editor:
Thou shalt not oppress a stranger: for ye were strangers in the land of Egypt. Exodus 23:9. If you claim to be a Bible-reading Christian, and you are against "illegal immigrants", then you better look at what the Bible says. Most of the trivial status violations that make many foreigners "illegal" are not crimes, but bad laws combined with delays by the US Government agencies in processing lawful applications for extension of status. We were all immigrants once - even those who made it across the Bering Strait during the last Ice Age. So the idea of immigrants and descendants of immigrants discussing immigration is ironic. What is sad, however, is that most debates ignore the crucial issue of assimilation. The recent U.N. report on the true wealth of nations explains why this assimilation is so important. Our powerful economy depends on intangibles such as a fair justice system, property rights, and education. These intangibles all depend on a common language and proper understanding of what is essential to American culture. Do pro-immigration leader understand how important it is for the immigrants themselves to assimilate the cultural foundations of the real wealth and political freedoms that attracted them here in the first place? It is a refusal to assimilate that gives the anti-immigration crowd a legitimate fear. For these reasons, we should invest in making English as a Second Language classes freely available to all immigrants. Their graduation prize is the right to vote (plus better job opportunities, etc). We should also reinstate an important policy that made our country great: Open borders. Anyone who is not a known felon or terrorist gets in. Note: I was born here from "legal immigrants", but English is my second language (Spanish is my distant third).

Tihamer T. Toth-Fejel

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