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Immigration Daily

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Immigration Daily November 30, 2007
Previous Issues
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FBI Delays To End

Immigration Daily has learned that the FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move to this new process is not just better customer service for benefits applicants but also because it will enhance national security (our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name check delays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get its act together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit for forcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon). Stay tuned.

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


What Happens After Filing the Form 9089

The curriculum for the December 6th phone seminar in the "PERM From A To Z" series is as follows:

  • Business necessity documentation When do I need it and what do I need?
  • What other documentation should be assembled and ready?
  • How do the new regulations affect the approved PERM?
  • Why would I want to appeal?
  • What must I do, in advance, to make the I-140 approvable?
  • Is it that true that more audits are being issued and what are they about?
The deadline to sign up is Tuesday, December 4th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Law Library Of Congress Global Legal Monitor: Immigration And Nationality Law
Rubens Medina of the Law Library Of Congress tracks recent immigration-related legal developments around the world.

To submit an Article for consideration, write to


DOS Withdraws Exchange Visitor Final Rule
The Department of State published notice of withdrawal of its final rule because it was submitted to OMB for formal significance designation; however, it was published prior to that determination being made.


Help Wanted: Immigration Professional
downtown San Francisco - Are you a techie trapped as an immigration paralegal? Are you great at project management and enjoy working directly with clients? Do you want a position that encourages self-management and creativity for a growing technology company that rewards performance and hard work? ImmigrationTracker is the premier provider of immigration case management software in the country. We offer an energetic team-oriented working environment and a comprehensive benefits package. As an Implementation Specialist you will provide customized project planning and implementation, training, and/or support services to Tracker clients, while always ensuring clear communications and a consistently high level of customer service. Successful candidates will have experience working in/with law firms, be strong project managers, preferably with software implementation experience, have strong customer service, training and presentation skills, technical aptitude with PCs and industry related software, and a commitment to accuracy and attention to detail. Effective written and oral communication skills, excellent documentation skills, and the ability to work both independently and as a team member are essential. A willingness and ability to travel is required. Email your resume to

PERM Services
At Jon Byk Advertising, Inc., we provide a wide range of services that will help fulfill your PERM recruitment requirements quickly, cost-effectively, and efficiently. With 15+ years of experience working with one of the nation's largest immigration law firms, our customer service is unparalleled. We understand the importance of meeting DOL requirements with regards to ad content, media selection, ad documentation (tear-sheets), and deadlines. We will locate publications that meet DOL and EDD requirements by geographic region, provide upfront pricing, and timely deliver original tear-sheets for all ads (print, online or broadcast). Our experience in recruitment solutions means valuable time saved for you. For more info and a free quote, contact Mya Le at 310-476-3012 or

Credential Evaluation
Do not order a foreign credential evaluation until you read this. Career Consulting International, offers credential evaluation of your non-US degree. Fast service at low prices. Mention Immigration Daily to receive 3-day rush service at no extra cost (reg. price $70, rush service $70 = savings of $70). H1B and I-140 specialists. Evaluations of 4 year degrees (72hr. rush service) only $70.00. Also 3 year degrees combined with PGD, second degrees, or work experience. Pay online. Toll-free fax/phone numbers. Our clients say it better than we do: "I don't know what to say but you changed my life. In a place that others failed you came and with your evaluation... I just got approved to my I-140." "I'd like to thank you for your services in evaluating my educational documents. You helped me in a difficult situation and through extensive research you were able to get results that other, "bigger" agencies were unable to achieve". Click here to see more testimonials. Free consultation. Call today toll free: 1.800.771.4723.


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 - Philadelphia, PA
Philadelphia, PA - A world divided by health inequities poses challenges for global health. CGFNS International brings together thought leaders to discuss health systems and actions that address health inequity in its Building Global Alliances Symposium. Stephen Lewis, respected commentator on social affairs, international development and human rights will be the keynote speaker. William L. Holzemer, RN, PhD, FAAN, will receive the CGFNS 2007 International Distinguished Leadership Award. December 3-4, Four Seasons Hotel. For details and online registration, see:, or contact Kathleen Rohrbaugh at 215-243-5880 or ILW.COM is pleased to be a media sponsor for this event.


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:
With regard to Bill Dillon's letter (11/28/07 ID) concerning Martin Luther King's "I have a dream" speech, anyone familiar with the speech would know that it had nothing to do with immigration, and that any attempt to use it as support for restrictive immigration policies is seriously misplaced. I personally know something about the speech, which was delivered at the 1963 civil rights March on Washington, because, as a young law school graduate, I played a small supporting role in helping to prepare litigation papers (on the side of Martin Luther King) in a federal court case involving attempts to use the speech commercially. As the world knows, the speech was in support of ending racial discrimination against African-Americans. The immigration laws at that time were also based on racial discrimination, thinly disguised as "national origins" quotas (based on an 1890 census!) heavily favoring immigrants from Northern Europe. These racist immigration policies were abolished in 1965, around the same time as the Southern segregation laws were being overturned. I doubt very much that, if Martin Luther King were alive today, he would support reducing immigration by people of color on the specious grounds that they supposedly take too long to assimilate to an American "Creed" that exists mainly in the propaganda of anti-immigrant restrictionists.

Roger Algase, Esq.
New York, NY

Dear Editor:
Bill Dillon's letter (11/28/07 ID) argues that the terms "anti-immigrationist" and "homophobia" are post-modern, politically correct flags seeking political outcomes with virtually no basis in American history and out of sync with the national law foundation of the Declaration and, thus, not part of America's creed. This argument carries no weight considering the same arguments were made regarding civil rights and gender equality. America's creed includes righting injustices through the political process and rule of law. America's creed allows our civilized society to evolve and correct perceived injustices through the political process. Also, I think dragging the term "homophobia" into an immigration debate smacks of someone who is insecure with their argument on the merits.

Dale Castrillo

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