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Immigration Daily

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Immigration Daily March 6, 2008
Previous Issues
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Another Milestone

If you are an Immigration Daily subscriber, congratulations! You are now part of a community of 19,000 readers who enjoy reading our publication. Thank you for making this milestone possible - we look forward to your continued support and many more years of serving the immigration bar.

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


PERM Workshop - Last Chance

ILW.COM is pleased to announce The PERM Workshop which will be held on Friday, March 14, 2008 (spring time in NYC!). The speakers are: Joel Stewart, Jonathan Adams, Jane Goldblum, Rohit Turkhud, Nathan Waxman, Leon Wildes. 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. Don't delay, act today!


H-1B Cap Issues
Michael Hammond and Chris Musillo provide a roundup of select H-1B cap issues.

Bloggings: March 6, 2008
Greg Siskind shares the latest entries to his blog.

To submit an Article for consideration, write to


DHS Secretary Chertoff On New CIS Ombudsman
DHS Secretary Chertoff announced the appointment of Michael Timothy Dougherty as the new incoming Citizenship and Immigration Services Ombudsman.

USCIS Issues Revised Instructions For Travel Document Effective Immediately
USCIS issued revised instructions for Form I-131, application for travel document requiring applicants for re-entry permits and refugee travel documents to provide biometrics at USCIS Application Support Centers, effective March 5, 2008.

ETA Announces Changes To Non-Electronic PERM Filing Locations
DOL's Employment and Training Administration published notice of administrative changes in the locations where future non-electronic applications must be filed for labor certification applications, effective June 1, 2008.


Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker, LLP's busy corporate/medical/academic immigration law practice seeks experienced paralegal for non-immigrant, immigrant, labor certification and 212(e) waiver cases; intensive client interaction; good writing skills and people skills a must. Send resume to Ms. Maria Harvey, Office Manager: No telephone inquiries.

Help Wanted: Immigration Attorney
Chicago, IL - VISANOW seeks business immigration attorney to help deliver legal advice and counsel to our clients who include companies, individuals, colleges and universities. JD required with 2+ years of solid experience working as attorney in immigration law, with strong knowledge in the area of employment-based non-immigrant and immigrant petitions. Candidate must be enthusiastic and possess excellent communication skills (verbal + written). For full job details, see here. If you desire a unique employment opportunity and have a forward-thinking approach to resolving client concerns and issues, this is the place for you. Competitive compensation plan + excellent benefits, including medical, dental, life, disability and 401K match. We offer a relatively relaxed environment which makes the production of work product easier. If you're a team player interested in taking the next step of your career with an industry leader, e-mail resume to with "Attorney" in subject line. All replies confidential.

Help Wanted: Immigration Paralegal
Prominent Midtown Manhattan immigration law firm seeks paralegal with 1 to 2 years of business immigration experience. Applicant will work in a high volume team environment. Applicant will have client contact and work with latest case management system. Applicant should have good writing, communication and organization skills. Competitive compensation package. Please send resumes to

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 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 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 fast-paced, high-volume case-processing environment. Must be people- and service-oriented. College degree and excellent writing skills required. Competitive salary + excellent benefits package. Send cover letter, resume, + writing sample to EOE.

Help Wanted: Immigration Professional
Blacksburg, VA - Virginia Tech invites nominations and applications for the position of Assistant Director for Visa Services. This position is an administrative and professional faculty appointment and will report directly to the Associate Provost for International Affairs and work in a small, collegial non-student visa office. This newly created position will demand in depth knowledge and leadership to develop a comprehensive non-student permanent residency (PR) visa program that will help move Virginia Tech towards its goal of being recognized as a world-class research institution by facilitating recruitment of outstanding international researchers and professors. Salary up to $60,000 commensurate with experience and salary history; excellent benefits also provided. For a detailed job description and application process please refer to:, posting #080001. Review of applications will begin on 3/15/2008; however, applications may be received until a candidate is appointed. Virginia Tech is an Equal Opportunity/Affirmative Action Institution.

Help Wanted: Immigration Paralegals
Chicago, IL and Washington, DC - Baker & McKenzie, the world's leading global law firm seeks business immigration paralegals for both locations. Duties include: Preparation of business immigration visa petitions, labor certification applications, and permanent residency applications. Knowledge and skills required: candidates must clearly understand the immigration process; must be detail-oriented; excellent verbal and written skills; must be able to work well in a document intensive and fast-paced environment; team player. Education and experience required: 2+ years employment based immigration experience and bachelor's degree. Paralegal certificate preferred. Qualified applicants encouraged to apply online or send resume to (Chicago) or (Washington DC). Relocation expenses not offered. No phone calls or recruiters please. Baker & McKenzie LLP is an EOE and member of Baker & McKenzie International, a Swiss Verein.

Help Wanted: Immigration Attorney
Miami, FL - The Church World Service, a progressive non-profit social service organization established in 1960 seeks staff immigration attorney. Responsibilities include: ensure adequate representation for clients in all immigration matters; conduct intake interview with clients; prepare clients for court appearances and/or USCIS interviews; represent clients in removal proceedings, attend master calendar hearings and individual hearings, draft and file appropriate pleadings and motions to preserve interests of clients. Full job description at: Candidate should have knowledge of immigration law. JD degree and admission to a State Bar, FL preferred. Working knowledge of Spanish and/or Haitian Creole preferred. Send resume by fax: 574-266-0087 or

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 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 Book
Broken Borders: Subsistence Knows No Boundaries: Subsistence Labor and the Human Right to Work By Joseph J. Janda. BookSurge Publishing, 102 pp. Paperback, ISBN: 1419667211, $14.99.


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:
In reference to Gary Endelman's letter's (03/06/08 ID) citation of INA Section 303 with regards to John McCain, no one is disputing that John McCain is a US citizen. Section 303 states "any person born in the Canal Zone on or after February 26, 1904 ... whose mother or father or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States". So John McCain is a US citizen under the INA Section 303. However, Article II of the Constitution states that "no person except a natural born Citizen... shall be eligible to the Office of President." What exactly is the meaning of "natural born"? Does "natural born" mean someone who is born in the 50 states or does it mean someone who derives citizenship by statute or does it include both?

Susanna Bogue, Esq.
San Francisco, CA

Dear Editor:
Responding to Jim Robert's letter (03/06/08 ID), illegals kill 25 Americans a day? That's 9125 a year or 182.50 Americans per state. Where was this information obtained? It would be useful to guage the seriousness of any particular posting if the person posting such claims would also include a credible source such as the FBI. Most people, when faced with wild unsubstantiated claims then tend to discredit the rest of the message as being equally without merit.

Ms. R. Black, Esq.
Jacksonville, FL

Dear Editor:
The last time Amnesty reared it's ugly head, and amnesty is what it is ... one is here, one gets to stay, one wins the illegal alien lottery. About 50 Million USA citizens joined in calling their Senators to say, you work for me, Bucko. Some played it on radio stations for Sen. Bacus up for re-election and open for reconsidering his amnesty vote, he did. NumbersUSA can field half a million activists within an hour on the phone, on the radio, people who pay their own phone bills and will sit by a computer and write e-mails or phone all day and night long, three millions just e-mailing. Rush has 19 million listeners daily. On amnesty, Sean would be there. He has fourteen million, and Laura and Mike and Mike and Mark...probably 20 million and that is not counting The Eagle Forum, Grassfire. Remember the bricks our Senators received and the lovely bill boards in their districts? ALIPAC, FAIR, Dustin Hoffman Society, Latinas United. Immigration Daily doesn't speak for me, Friends of the Border, Save our State and on and on. We are an army. A silent army. Law abiding. Religious. But an army. Bring it on.

Amber Teka

Dear Editor:
I am sick on blaming games on "illegal" immigrants. Americans kill many more innocent other Americans in DUI, crimes and homicides, insane shootings at public places even places of worship. Accusing "illegal" immigrants as the only people that always commit heinous crimes is nothing more than absurd hate mongering and scape goating. I have a little reality check for those who love to blame "illegal" immigrants on everything goes wrong. Ones will hardly find any "illegal" Mexicans begging on US cities streets while so many lazy Americans are begging on streets even they're able bodied, young and healthy and yet they still manage to suck the welfare up as well. I couldn't believe when I watched evening news story about homeless people living in Philadelphia airport as their "home", one of them was 18 years old healthy young white American man who got kicked out from his family home in Baltimore, MD. He absolutely can find decent jobs if he wants to try. It's truly saddening to see so many lazy and ungrateful Americans who never appreciate the opportunity and "luck" they have and take anything for granted while so many "illegal" immigrants are working hard and sacrifice so much to better themselves and wish they can switch their positions.

Robert Yang

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