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Immigration Daily

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Immigration Daily January 23, 2008
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Many More Years

We are pleased to announce that subscribers to Immigration Daily now surpass 18,000. Thanks to all for your continued support of Immigration Daily via Articles, letters to the Editor, ComingsNGoings announcements, and news items. We look forward to many many more years with the immigration bar.

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


PERM Workshop - Save $100 Deadline Is Jan 31st

ILW.COM is pleased to announce The PERM Workshop which will be held on Friday, March 14, 2008 (spring time in NYC!). The Save $100 deadline is January 31st. The curriculum is as follows:

Session 1: Mechanics of PERM: Preparation & Prevailing Wage

  • Understanding O*Net
  • Understanding Job Zones & SVP
  • How to use the DOL's Trinary System: SVP Ranges, Competency Levels, and Educational Ratings for Schedule D Professionals
Session 2: The Recruitment Process & Strategy
  • Tips for Advertising, Coordinating the Campaign in 180 Days
  • Analysis of the 10 Professional Recruitment Options
  • Review of Resumes, Contacting and Interviewing US Workers, Recruitment Reports & Categorizing Reasons for Rejection, Preparing the Record File and Supporting Documents
Session 3: Restrictive Requirements, Audit Proofing, and Electronic Filing
  • Defining Normal Requirements, Foreign Languages, Combination of Occupations, Alternative Requirements, Actual Minimum Requirements, Combinations of Education Experience, and Training
  • Layoffs, Alien Influence and Control
  • Documentation of Employer, Job Requirements v. Alien Qualifications, How to Fill in H-4 to H-10, When and Where to Put the Magic Language
  • Tips on Filing Electronically
Session 4: Reconsideration, Appeals to BALCA, & Federal Court Litigation
  • Understanding Audit Letters and Final Determinations, Retention of Documents, CO Requests for supplemental information and/or documentation, Supervised Recruitment Pros & Cons.
  • Motions to Reconsider with or without Request for Appeal, Which BALCA En Banc Cases Differ from PERM, Arguing Harmless Error after Matter of Health America
  • Legal Arguments on Appeal, When Introduction of New Facts May be Possible, Exhausting Administrative Appeals Not Required
For details on curriculum, speaker bios, and registration information, please see: erm.shtm. For the fax form, see here. The Save $100 deadline is January 31st, don't delay, act today!


Surviving Spouses Against Deportation
Brent Renison writes "Every year, a handful of surviving spouses and family members are deported because their U.S. citizen relative dies."

Bloggings: January 23, 2008
Joel Stewart provides the latest entries to his blog.

To submit an Article for consideration, write to


Signed MOU Allows For Repatriation Of Vietnamese Citizens
ICE released a press statement announcing the signing of a memorandum of understanding with Vietname. Under this agreement, Vietnamese nationals who arrived in the US on or after July 12, 1995 are subject to return to Vietnam.


Help Wanted: Immigration Attorney
Des Moines, IA - Well-established law firm seeks an organized, team-oriented immigration attorney with three or more years' experience. Experience to include removal, waivers, and family-based cases. Business immigration experience and fluency in a foreign language a plus. Send cover letter + resume to Barb Hardy, Davis Brown Law Firm, 666 Walnut St., Suite 2500, Des Moines, IA 50309 or

Help Wanted: Immigration Attorney
Newark, NJ - Garces & Grabler, P.C. with seven offices seeks attorney with 5-10+ years immigration law experience, with an emphasis on removal proceedings, appeals, family cases, aos interviews, and consular processing. Excellent writing, technical, communication and organizational skills are essential. Demonstrated ability to be team player. Candidates with bilingual spanish language skills desired. E-mail resume, with your specific experience, salary requirements and writing sample to or fax: (732) 745-1249. All submissions will remain in confidence.

Help Wanted: Immigration Paralegal
Chicago, IL - Fragomen, Del Rey, Bernsen & Loewy, LLP seeks senior level immigration paralegal. Ideal candidate will have 5+ years of experience in senior level capacity with an immigration law firm, law department or corporate immigration function. Manages caseload with a large degree of independence. May manage a team of one or more legal support staff. Serves as team resource for client and office procedures. Communicates regularly with clients regarding procedural and case processing issues. Candidates will have experience counseling US and foreign employers on a range of immigration issues, including nonimmigrant and immigrant visa matters, preparing PERM applications, and O-1, H-1B, TN, and L-1 petitions. Must be able to work in a fast-paced, high-volume case-processing environment. Must be people- and service-oriented. College degree (B.S. or B.A.) and excellent writing skills required. Competitive salary + excellent benefits package. Send cover letter, resume + writing sample to EOE.

Help Wanted: Immigration Paralegal
Dallas, TX - Epstein Becker seeks paralegal with minimum 5 years business immigration experience, including PERM and all NIV and employment-based IV cases. Must be self-starter with ability to communicate with employers and foreign nationals; bachelor's or equivalent required. Salary commensurate with experience; excellent benefits. Submit cover letter + resume to

Case Management Technology
What do Robert Banta, Ron Gotcher, Angelo Paparelli, Wolfsdorf Law Group and dozens of others have in common? They tried our online competitors but switched to ImmigrationTracker. With easy screens, reliable immigration content, helpful US-based support teams -- Tracker has what you need, including the only proven choice of in-office or web-based product lines. Even our prices make us a better value. Contact us today to see why everyone is switching. Reserve your private demo: Call 1-888-466-8757 ext. 278 or email

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.

New Partner - Boston, MA
Boston, MA - Fragomen, Del Rey, Bernsen & Loewy, LLP is pleased to announce the election of Susan Ellison. Ms. Ellison is a graduate of Ursinus College (B.A.) and she earned her law degree at Boston College Law School (J.D.). She is admitted to practice law in New Jersey, New York and Massachusetts, and is a member of the Massachusetts State Bar Association and the American Immigration Lawyers Association. Ms. Ellison is also an Adjunct Faculty member at Boston College Law School, where she teaches a course on Business Immigration Law.


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:
David Murray's letters to the Editor have accused me of being a part-time citizen before, but his letter of January 22 indicates that he has forgotten that whole exchange, apparently. I was naturalized as a minor and would happily give up my Canadian citizenship, as it is at best a flag of convenience for travel. However, given the option to avoid harassment I am happy to have two sets of papers. For the record, I tried to volunteer for military service (US) and was told that I would not qualify (pin in my wrist). Many relatives of mine have served the government in one capacity or another but maintain multiple sets of papers to avoid having their property expropriated in our "mother countries". Maybe we are unpatriotic for cynically using the loopholes of other nation's laws, but that is easy to say when one isn't about to have a house that's been in one's family (farmhouses, we're not aristocrats) since Charlemagne expropriated by someone claiming to represent "the people", "the working class" or what have you. I'm an American. I don't exercise the trappings of Canadian citizenship except to have the second passport handy. If that makes me evil, well, so be it.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Laura Jasinsky's Article's H-2B idea is marvelous (01/22/08 ID). As Hannibal, the character played by George Peppard in the TV "The A Team" always says, "I like it when a plan comes together." I hope that this plan comes together through the Internet, so US employers who have a genuine need for workers, at or above prevailing wage, are able to find employees willing to work. I have checked the prevailing wages for Fishermen and for Housekeeping Cleaners in the respective geographic areas and find that the two positions advertised on Ms. Jasinsky's web site are paying more than prevailing wage. But what makes me wonder ... is that this area of the US was a poverty-stricken region even before the hurricanes hit. Many are still unemployed, probably more than before, yet it appears some employers are in need of large quantity of workers. What should this tell anti-immigrationists and restrictionists, who scream that foreigners are taking away jobs from Americans? Even poor welfare recipients won't do the "jobs Americans will not do." Reality check. Time for immigration reform. It is time for Congress to revisit the H-1B and H-2A and H-2B cap limits now. In time for the April 1st filing for H-1B's and to get the H-2's on track for the summer season of high demand. As the Captain of Road Prison 36 in the movie "Cool Hand Luke" said, "What we have here is a failure to communicate." Actually, America has more than that. America faces another national disaster in the face of a recession, because of a failure of Congress to communicate, not to mention a failed presidency. But Halliburton still keeps making money, their stock going from $9 a share in 2003 to a high of over $41 a share in 2006. Interesting.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I have to disagree with David D. Murray's letter's criticism (01/22/08 ID) of Honza Prchal's letter (01/18/08 ID) for holding both an American and Canadian passport. The Supreme Court has long recognized that maintaining dual citizenship is in no way inconsistent with allegiance to the US, unless there are further actions, such as holding office in a foreign country, that indicate an intent to renounce such allegiance. Moreover, we live in a globalized world where narrow identification with one country only is no longer consistent with reality. How would even the most patriotic American get through the day, for example, without using products made in China? Where would Citibank be without bailouts from Arab sovereign wealth funds? Even GE, one of the most "American" of companies, just announced that most of its revenues come from abroad. Mr. Murray's letters, which I normally greatly admire and respect, have also rightly pointed out how unrealistic is to expect even illegal immigrants to go home to Mexico or elsewhere, when their labor is needed in the US. The same common sense approach would also be in order if someone wants to exercise his legal right to use a foreign passport when traveling. Simply put, there is nothing wrong with it.


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- 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