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Immigration Daily

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Immigration Daily January 28, 2008
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Submit Your Announcement

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


PERM 2008: Winning Your Case In The Year Of The Rat

ILW.COM is pleased to announce "PERM 2008: Winning Your Case In The Year Of The Rat", with Lorna Rogers Burgess as discussion leader, and many other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on January 31st: Pre-filing Preparation

  • Considerations at initial client meeting: who is the client; who will pay; what is the nature of the procedure and respective responsibilities
  • Development of a PERM job description: O*NET; job zones; SVP; Normal requirements; business necessity; minimum requirements; foreign languages; combination of duties
  • The prevailing wage determination
  • Planning and managing the recruitment plan and time periods
  • Lawful rejection of U.S. workers
  • Maintaining recruitment documentation
SECOND Phone Session on February 14th: Filing Form ETA 9089
  • DOL registration and continuing follow up
  • Reviewing the quirks of the Form ETA 9089, esp. Section H
  • Comparison of new and old Form ETA 9089
  • Lessons from BALCA
  • Expecting an Audit
THIRD Phone Session on March 13th: Post Filing Responsibilities
  • Document retention file
  • Responding to an audit
  • How to file a motion to reconsider
  • How to file an appeal
  • Review of BALCA decisions on PERM applications
  • Federal court
The deadline to sign up is Tuesday, January 29th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Speed Of Naturalizations - Can't They Do More?
Alan Lee, Esq. writes "In reading over the testimony of Director Emilio T. Gonzalez of USCIS before Congress on January 17, 2008, I am struck with the question, "Can't they do more?"

Losing The War Of Ideas, Again
Tom Barry writes "Why then, when liberals have managed to push the right to the sidelines on most issues, have the restrictionists succeeded so dramatically in shifting the immigration debate to their terms?"

To submit an Article for consideration, write to


Updated CRS Report On Foreign Students In US
The Congressional Research Service released an updated version of its report on foreign students in the US: policies and legislation.


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

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:

Immigration Consulting Services
Angelo Paparelli, a nationally-renowned expert with an outstanding breadth of immigration law knowledge and expertise, is available to provide immigration- related consulting services to corporate executives, general counsel, HR departments, foundations, attorneys and law firms in private practice. He consults 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 and litigation. Offices in CA & NY. Services: worldwide. To discuss how he can consult on 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.

New Partner - New York
Washington, D.C. and New York - Fragomen, Del Rey, Bernsen & Loewy, LLP is pleased to announce the election of Howard W. Gordon. Mr. Gordon is a graduate of the University of Maryland and the Cornell Law School. He serves as the managing attorney of the firm's Legal Practice and Government Relations Team. Mr. Gordon is admitted to the bar in the District of Columbia and Pennsylvania, and is a member of AILA.


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:
Michigan is considering this step for a very important, and actually American, reason: it's economy (see 01/25/08 ID comment). Michigan continues to struggle economically as a State. Michigan is saying and recognizing that people who can work legally should be encouraged to do so. In turn, they can purchase and spend in the Michigan economy. This might help stem the tide of jobs that are exiting out of the beautiful state of Michigan. Is Michigan's proposal workable or merely "controversial"? A couple problems I envision: (1) Could Michigan be used as a "base" where people obtain valid DLs, take to another State (who doesn't allow the same) after or without being "in status," and obtain another there? (2) What fraud/authentication issues may come up based on the documents being provided for qualification? Michigan could provide the following responses: (1) No. Michigan would use only the amount of time permittable on qualifying documents as the license validity period. By doing so, Michigan is telling all other states that there's no reason to be wary of State of Michigan issued DLs as "insecure" in any way. (2) Michigan, by what it sounds like, wants to somehow limit or structure its program to specify "whom" it is targeting. This part sounds troublesome practically and legally. Michigan can better specify its goals by providing an "identifiable, secure and lawful document" to those who qualify to drive and/or work for the time period of their "validity of status." I think it's important that all of us, in any state, care about and consider the plight of our sister state, Michigan. Michigan is trying to consider positive economic aspects of lawful immigration (and maybe also of providing paths to lawful immigration) that can generate value in the economy of any state.

Catherine A. Chan, Esq.
Denver, CO

Dear Editor:
It is even more complicated than that (see 01/25/08 ID comment). What the Michigan AG stated was that Michigan would recognize the foreign driver's licenses from those countries with whom we have a reciprocal agreement. In other words, some foreign driver's licenses will be valid, and some will not, in Michigan. What a mess. This is, among other things, precisely why the Federal legislation, REAL ID, is such an impractical and ineffective idea. As far as I can tell it results in something that is neither REAL nor an ID. Tell me again how I am safer because of this requirement, because so far I am not grasping it.

Bryan Scott Hicks, Esq.

Dear Editor:
Driver licenses should be "de-certified" by the DHS as an identification document and should be issued solely on the basis of the holder's skill or other automobile connected eligibiity (see 01/25/08 ID comment). In that way, holding a driver license will not be a factor, one way or another, as to a person's immigration status and local police and DMV agencies can focus on the promotion of road safety and not the vagaries of the dynamic US immigration law regimen.

Ramon Carrion, Esq.
Tampa, FL

Dear Editor:
Responding to Bill Hernandez's letter to the Editor (01/25/08 ID), if someone crosses the border to bear their child here, the child is a US citizen. One can argue the merits or fairness of that issue all day. What is wrong, however, is to then register the birth as having taken place in Mexico with the Mexican authorities. This fraud puts the child's US citizenship at risk should anyone investigate it. I have known someone in this situation. He had been born in the US, had a US birth Certificate and US passport, his parents registered his birth as having taken place in Mexico so that he could go to elementary school there. Years later, immigration connected the dots when he was trying to bring in his Mexican born wife. He was not allowed entry, his passport was taken, and the government is effectively stripping him of his citizenship due to the fraud saying that if he was born in Mexico, then he couldn't have been born here. As to border regions creating a class of people not quite one or the other, I think this is an international phenomenon. When I lived in Europe, the border regions between France and Spain and France and Italy were quite different from those areas further in from the borders. People living in the border areas typically adopt what they perceive is the best of both cultures, using their geographical luck to their best advantage. It is naive for us to think that our borders will be any different.

Ms. R. Black, Esq.
Jacksonville, FL

Dear Editor:
The contrasting letters of R. Black and Bill Hernandez (01/25/08 ID) are good examples of the schizophrenic way that many Americans regard the issue of dual citizenship, or the vaguer notion of dual loyalties among people who only hold American citizenship. Our tradition seems to be that holding dual citizenship, or at least having a strong attachment to one's heritage in the "old country", is a wonderful idea for descendants of European immigrants, as in the case of Mr. Black's letter, which I do not in any way disagree with. Nor do I remember hearing Lou Dobbs or anyone else complain about people who go back and forth across the Canadian border everyday for work or other reasons that give them ties to both countries. On the other hand, Bill Hernandez' letter could come right out of the Dobbs/Tancredo/Buchanan/Huntington playbook about the supposed danger that our American "culture" will be submerged in a tide of brown skinned immigrants with alleged dual loyalties. Growing up as a native born child of native born American Jewish parents, I was sometimes accused of having "dual", if not primary, loyalty to Israel, merely because of my identity. This canard is still often heard in relation to Jewish Americans. Are Mexican-Americans now taking their place?

Roger Algase, Esq.
New York, NY

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