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Immigration Daily

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Immigration Daily November 9, 2007
Previous Issues
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If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.

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


Current Nurse Immigration Issues (In Cooperation With CGFNS)

ILW.COM is pleased to announce a new 3-part telephone seminar on current nurse immigration issues in cooperation with CGFNS. Speakers include Donna Richardson (discussion leader), Maryann Alexander, Virgina Alinsao, Sylvia Boecker, Sherry Neal (more speakers will be added). The curriculum is as follows:

FIRST Phone Session on November 15: Hot Topics

  • Ability to pay
  • AC21 impact due to late receipting by USCIS on I-485 applications
  • Prevailing wage when there are multiple locations
  • Permanent nature of the job
  • Thriving during retrogression
  • NCLEX testing overseas
  • Abandoned I-140 petitions when employer goes out of business
SECOND Phone Session on December 13: Nurse Retention, Recruitment, Culture
  • How the shortage of healthcare professionals is affecting recruitment
  • Working with contract/independent recruiters - Criteria used to choose an independent recruiter, Individual healthcare facility's involvement in the recruitment process
  • How do healthcare professionals adapt to the new environment - Interactions with colleagues, patients, and the community, Common challenges seen: language, customs and working within a different healthcare system
  • Has the pace of international recruiting increased, decreased or remained the same?
THIRD Phone Session on January 10: State Licensure
  • Variations of state licensure of internationally-educated registered nurses
  • Obtaining social security numbers
  • Canadian nurse licensed by endorsement without NCLEX-RN
  • License by endorsement state-to-state
  • Expiration of the VisaScreen certificate before the nurse immigrates. The VisaScreen certificate must be used within 5 years of issuance. What happens if it expires?
The deadline to sign up is Tuesday, November 13th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


How To Recruit An Assistant For Your Law Practice
Pat Nemish discusses key items to look for and important questions to ask when interviewing and evaluating a potential Assistant.


USCIS Announces New I-9 Form And M-274 Handbook For Employers
USCIS announced that it has issued a revised Form I-9, Employment Eligibility Verification, and M-274, Handbook for Employers, Instructions for Completing the Form I-9. For the press release, see here. For the fact sheet, see here. For the updated form, see here.


Help Wanted: Immigration Attorney
Reina & Bates Immigration Law Group invites resumes for the position of associate attorney. 1+ years experience in immigration law, particularly employment-based immigration, preferred. Interested applicants, please indicate desired job location when sending resume + cover letter to All replies will be held in confidence.

Help Wanted: Immigration Attorney
Sherman Oaks, CA - The Law Offices of Jessica Dominguez has an immediate opportunity for an immigration attorney to work on a wide range of cases in a diverse, full-service immigration law practice. Attorney must be bilingual in English and Spanish. Attorney will represent clients before immigration officers and in immigration courts including employment-based IV, NIV, family-based IV, and naturalization. Excellent legal research/writing and outstanding communication skills needed. Ideal candidate has 2-4 years of experience - exceptional, motivated candidates with less experience also encouraged to apply. Right candidate shows initiative and works independently. Great office environment and wonderful clients. We are pleased to offer an alternative work-plan schedule that allows its employees to take one Friday off every 8 weeks. Send cover letter + resume to Jessica Dominguez: Replies will be treated in strictest confidence and references will not be contacted without prior approval.

Help Wanted: Immigration Attorneys
The Murthy Law Firm is pleased to announce that we are entering a phase of planned expansion. Seeking attorneys for increasing client volume and growth into new areas of practice, including: (1) junior attorneys with 2+ years business immigration law experience (should have intense business-immigration work with excellent academic credentials); (2) senior-level attorneys with 5+ years business immigration law experience. Senior-level applicants should have real-world experience, be up to date on recent changes in immigration laws and regulations, and should have ability and interest needed to supervise legal staff; (3) immigration attorney with litigation experience. Dynamic and fast-paced, with high standards regarding integrity, work ethic, and quality. Our attorneys work both as team members and team leaders. Successful candidates will join a dozen high-caliber colleagues, all supported by cutting-edge technology and top-notch legal and administrative staff in congenial atmosphere. Good writing and analytical skills required. Candidates with law firm or government experience considered. Forward resume + cover letter to with "Attorney for expansion plan 2007/08" in subject line. All communication treated in confidence. Salary + benefits commensurate with experience and abilities. EEO.

Help Wanted: Immigration Attorney
Reeves & Associates (R&A) seeks associate with immigration and federal litigation experience for its Pasadena office. R&A has been practicing immigration law exclusively for more than a quarter of a century and has 60+ employees including 16 attorneys in 4 offices. Ideal candidate should have 5+ years in immigration with federal immigration litigation experience. The job requires the ability to handle immigration appeals including mandamus, and declaratory relief in the US District Courts. The position also requires exceptional writing ability, case management skills and ability to supervise support staff. Excellent career opportunity for qualified candidate licensed to practice law in California. Competitive salary & excellent benefits package including fully paid medical, dental and vision plan, 401(k) with matching dollars, long term disability, CLE expenses, commissions, plus a yearly bonus offered, all in a friendly environment. All applications confidential. Please submit resume with cover letter + salary history to or fax to (626) 795-4999.

Help Wanted: Immigration Attorney
Rockville, MD - Seeking proactive, result-oriented immigration associate with 3+ years of attorney experience in immigration law including employment-based IV (including EB-1, EB-2, EB-3), and NIV (including 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. 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. We offer an excellent salary/benefits package. Submit resume to: Ms. Maura Bowen at: or fax: (301) 230-2891.

Help Wanted: Immigration Attorneys
San Diego, CA - Larrabee / Mehlman / Albi / Coker LLP, a leading business immigration law firm has openings for senior associate attorneys and associate attorneys. Both positions require experience in labor certs, NIV categories (senior position requires experience in all NIV categories), AOS and consular processing as well as NIW, extraordinary ability, multi-national and researcher petitions in high volume, fast-paced immigration firm. Sr. Associate Attorney - must have 5+ yrs of business immigration experience with direct management of corporate clients' immigration legal needs. Experience should include managing support staff. Associate Attorney - must have 2 yrs. business immigration experience. Strong writing and verbal communication skills required for both positions. Excellent benefits. Salary commensurate with experience. Great place to work and enjoy your chosen career. CA bar membership a plus. Send resume with salary expectations to:

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:


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 - New York, NY
"A Movement Wrestling: Organized Labor, Immigration, and American Political Development". Tuesday, November 27, 2007, 4:30-6:00 p.m., Sociology Lounge, Sixth Floor. CUNY Graduate Center, 365 Fifth Avenue (between 34 and 35 Streets), New York, New York. phone: (212) 817-8770. fax: (212) 817-1536.


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:
Having heard from some eagle-eyed readers, I wish to clarify and correct some points made in my article (11/07/07 ID). The issue is how adjustment of status portability comports with H-1B portability and whether an adjustment applicant in L1 status who has ported to a new employer under AC 21 Section 106(c) can take advantage of the "return on receipt" rule. It is certainly true under AC 21 Section 105 that the filing of a non-frivolous H-1B petition by a new employer authorizes the alien beneficiary to work for that employer before final approval. If that is the previous work authorization that the revised receipt rule speaks of, then I see no problem. Someone for whom a new H petition has been filed can take advantage of AC 21 Section 106(c) adjustment of status portability and come back to the USA without advance parole or the I-485 receipt. For these aliens, H-1B portability provides all the authorization they need to come and go. As a practical matter, it might be better to wait until you have the actual H-1B receipt although the statute only requires submission of a non-frivolous petition and, if you do not have the actual I-797 receipt notice, the January 29, 2001 AC 21 Memo by Michael Pearson (HQOPS 70/20) allows presentation of other "credible evidence". What happens, however, if the adjustment applicant who leaves the USA and intends to return not to work for Employer No. 2 whose H1B petition remains pending but for Employer No. 3 who has filed nothing? Then, presumably, the alien cannot return as an H1B but would need advance parole to avoid any imputation of fraudulent entry. If the alien ports after coming back to the USA, would the alien have to stay with Employer No.2 for a decent interval, perhaps 60 or 90 days for the same reason? If they have taken advantage of AC 21 Section 106(c) portability before leaving the USA, then it seems clear that they need advance parole to come back because they are not maintaining valid H status. The receipt rule, and its relaxation, do not contemplate, or make allowance for, multiple porting, a not uncommon phenomenon in an increasingly fluid job market. For our L1 friends, there is no L portability, of course, so any L1 who invokes AC 21 Section 106(c) portability clearly needs advance parole to return. All of these are good points and I welcome their inclusion. The need for clarification remains. We cannot safely assume that the "employer" for H-1B portability under AC Section 105 and adjustment of status portability pursuant to AC 21 Section 106(c) are always going to be one and the same. The entire question of the relationship between these two provisions would benefit from USCIS clarification at the national level and I hope that, in some small measure, my initial article advances that conversation.

Gary E. Endelman, Esq.
Houston, TX

Dear Editor:
Come on, lighten up (see 11/07/07 ID comment). Halloween is Halloween, and made for wearing costumes. Do all the priests out there get offended by priest costumes, does Elvis rise from the dead at all the impersonations around Halloween. The list of people that could get offended by someone else's Halloween costume is endless. If the shoe fits, get uptight and then get over it. If not, enjoy Halloween for what it is: a time to dress up for fun, fun, fun. And if you are a prisoner, take the time to think about why you are there, and someone else is getting to mock you and having fun. No apology needed for me.

Linda Cogill

Dear Editor:
The new immigrant law is a reminder of 1850 Fugitive Slave Act. The Fugitive Slave Act of 1850 made it a crime for a citizen to harbor a runaway slave or to offer any assistance to slaves who had run away from their masters.

Bill O' Brien
Edmond, OK

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