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Immigration Daily April 10, 2008
Previous Issues
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Indians And Chinese Face Refusal

The Visa Office of the DOS recently issued "Report of the Visa Office 2007" which "is an annual report providing statistical information" about the Visa Office's doings. We highlight some of the fascinating information contained therein below (see full Table of Contents here), all years below are fiscal.

  • For the Immigrant Visa applications in 2007 288,878 grounds of ineligibility were found, of which 174,438 (60%) were overcome, a misleading statistic, as we shall soon see. The most common ineligibility finding, amounting to 5/6ths of the total, was 221(g) "Application does not comply with provisions of INA or regulations issued pursuant thereto", and overcoming this finding was 91% of the total findings overcome. In other words, of all the other ineligibility findings, only 30% were overcome. For the Non-Immigrant Visa applications in 2007, 2,117,250 grounds of ineligibility were found, of which 470,052 (22%) were overcome, a most misleading statistic, as we see below. The most common ineligibility finding, about 3/4ths of the total, was 214(b) "Failure to establish entitlement to nonimmigrant status", and this finding was overcome only about 1% of the time. In other words, about 99% of the time, a 214(b) finding was not overcome. (From Table XX Immigrant and Nonimmigrant Visa Ineligibilities (by Grounds for Refusal Under the Immigration and Nationality Act) Fiscal Year 2007)
  • It is not hard to guess what visas were the ones selected for special 214(b) treatment. Of the 6,444,263 Non-Immigrant Visas issued in 2006, almost 60% were B1s and/or B2s. Based on the numbers in this table, it's a safe bet that no other type of visa could approach the magnitude necessary for the huge quantity of 214(b) findings above. (From Table XVII Nonimmigrant Visas Issued Fiscal Year 2006)
  • Nor is it difficult to guess where 214(b) was used to liberally deny vast quantities of applicants. The numbers of 214(b) denials are so staggering that only four countries can possibly supply the bulk of the applications involved: India, China, South Korea and Mexico. (From Table XIX Nonimmigrant Visas Issued by Issuing Office (Including Border Crossing Cards Fiscal Years 1998-2007)
The conclusion from the three documents above is that B1/B2 applicants from India, China, South Korea and Mexico face an approximately 1/3rd chance of denial based on 214(b) "finding" (a "finding" typically made in an "interview" lasting approximately 100 seconds), the chance of overcoming which "finding" are only about 1%. While the Chinese Exclusion Act and the Race Quotas of the 1921 and 1924 Acts are no longer in force, some of the same outcomes of those bygone days can be found in current Visa Office reports.

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


New H-1B Book

ILW.COM is pleased to announce its latest book, "THE H-1B BOOK 2008-2009 Edition", Editor Karen Weinstock. For more information, see here.


State Immigration Law: Challenge Of Pre-Emption
Gary Endelman provides an analysis of select states and its immigration laws challenging pre-emption.

Bloggings: April 10, 2008
Greg Siskind shares the latest entries to his blog.

To submit an Article for consideration, write to


DOL Releases PERM Fraud FAQs
The Office of Foreign Labor Certification published the second round of FAQs for issues stemming from the final fraud rule published in May 2007.


Help Wanted: Immigration Attorney
San Jose, CA - Littler Global seeks associate with 5-7 years of employment-based immigration law experience. Candidate should possess excellent academic credentials and should have experience working in high-volume, fast paced environment. If you are interested in applying for this position, submit resume online at Littler Careers > Laterals > How to Apply. Please reference Littler Global in application. We offer generous benefits package to all full-time employees. EOE. No telephone calls please. No recruiters, principals only.

Help Wanted: Immigration Professional
downtown San Francisco, CA - Do you love training clients? Are you great at project management and enjoy working directly with clients? Looking for a change? ImmigrationTracker, the premier immigration management software provider, seeks a training and implementation specialist. We offer an energetic team-oriented work environment and comprehensive benefits package. You will provide customized project planning, implementation and training to new Tracker clients, while ensuring clear communications and consistently exceeding customer service expectations. Experience working in/with law firms, strong project managers, strong customer service, training and presentation skills, technical aptitude with PCs and industry related software, and commitment to accuracy and attention to detail. Effective written and oral communication skills, excellent documentation skills, and ability to work both independently and as team member are essential. Willingness and ability to travel required. US work authorization required. No third parties and contractors. Email resume to No phone calls, please.

Help Wanted: Immigration Paralegals
North Broward, FL - Full and part-time positions available for busy, established immigration law practice. Applicant will manage caseload with a large degree of independence. Will have client contact and work with custom case management system. Applicant should be self motivated and have good writing, communication and organization skills. Must have a minimum of 2 years experience in both family & employment based visa & green card application package preparation. Experience with Microsoft Word & Excel a necessity. Please send resume detailing experience and full or part time preference to:

Help Wanted: Immigration Attorney
Newark, NJ - Garces & Grabler, P.C. seeks attorney with 5+ 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. E-mail resume, with your specific experience, salary requirements and writing sample to or fax: 732-745-1249. All submissions will remain confidence.

Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. has immediate opening for experienced immigration paralegal for a very busy immigration practice. Candidates must have experience in business immigration law, including preparation of H-1B visa petitions and labor certification cases. Responsibilities include: preparation and filing of business and employment-related immigration documentation and communications with government agencies and clients. Qualified candidates must have excellent organizational skills, attention to detail, accuracy, consistency and job ownership. Ideal candidate must have excellent written and oral communication skills. Bachelor's Degree and 3+ years experience required. Qualified candidates, send cover letter + resume to EOE.

Help Wanted: Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks experienced attorneys with 3+ years demonstrated experience in immigration law for the Adjudications Law Division (ALD). Attorneys will serve as advisors to the Chief of the ALD, the Chief Counsel, and to USCIS and other Departmental components on US immigration law issues. Applicants must possess JD degree from ABA accredited law school, be an active bar member, and have 3+ year post JD experience. For full details, enter COU-CIS-2008-0005 here. Applications must be received by 5pm ET, April 14, 2008. Applicants must submit cover letter, resume, 2 writing samples. Submit to: Claudia Salem, Acting Chief of ALD: indicating in email subject header: Experienced Attorney Position, ALD, at USCIS.

PERM Services
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.

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.

New Appointment - Immigration Judges
Executive Office for Immigration Review announced that 11 immigration judges were sworn in. These immigration judges will preside in the immigration courts indicated below: Eloy Immigration Court (James Alan DeVitto, Stephen M. Ruhle, Linda Inez Spencer-Walters); Headquarters Immigration Court (Quynh Vu Bain, Los Angeles Immigration Court, Philip L. DiMarzio, Lourdes A. Rodriguez de Jongh); Newark Immigration Court (Susan Girardo Roy); Orlando Immigration Court (Kevin J. Chapman0; Salt Lake City Immigration Court (Dustin B. Pead); San Francisco Immigration Court (Jeffrey J. Bernstein); Tacoma Immigration Court (Tammy L. Fitting).


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:
Let us get down to a few hard facts about the pre-1965 immigration law that Jim Roberts' letter (4/9/08 ID) conveniently overlooks. That law, it is true, did not have explicitly racial immigration quotas. But what it did have was a system of "national origin" quotas, based on the ethnic composition of the US in, not 1960, 1950, or even 1920, but 1890. In 1890, America was much more heavily "white" and Northern European than it was after the great waves of immigration from Southern and Eastern Europe in the early part of the 20th Century. Therefore, even though the pre-1965 immigration law was passed in 1924, 1890 was picked as the "base" year, in order to discriminate against Italians, Jews, Poles, Greeks, Armenians, Arabs, Hungarians and, yes, Czechs and Slovaks, most of whom were not considered "white" by American nativists of that time. As for East Asian immigrants, they had already been subject a serious of exclusion laws, beginning with the notorious Chinese exclusion laws of the 1880's. Why this discrimination, not only against Asians and Middle Easterners, but against people from the "wrong" part of Europe? Because they were regarded as allegedly inferior, unassimilable, criminals, loyal to foreign powers, carriers of disease, bearers of poverty, and just as "dangerous" to America as Latino and Caribbean immigrants are accused of being now. This is why anyone who tries to make excuses for the pre-1965 immigration law, complains about the circumstances under which it was abolished, or advocates returning to anything resembling it, has to overcome a strong presumption of bigotry.

Roger Algase, Esq.
New York, NY

Dear Editor:
USCIS & DHS never cease to amaze us, for good or bad. USCIS's recent changes have at least brought some sanity to the H-1B filing process. By increasing the time period from the first two business days to the first five business days of April for filing H-1B petitions for a given fiscal year, USCIS has given a sigh of relief to the concerned employer/employee. Another step in the right direction is the prohibition of duplicative or multiple H-1B petitions filed by an employer for the same H-1B worker giving every employer a fair chance in the random selection process. However the main issue-- the limited number of H-1Bs available each year--still remains. If the US cannot make unlimited H-1Bs available then at least it should raise the cap to 150,000-200,000 visas which can be petitioned for at any time of the year (depending on the availability) to ensure the regular supply of qualified & skilled workers who will contribute to the US economy. The DHS rule increasing the maximum period of OPT from 12 months to 29 months for F-1 students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in USCIS E-Verify program is another bright spot. I hope that in the near future F-1 students from other fields will also be included in this. This rule also solved the "cap-gap" problem by extending the authorized period of stay for all F-1 students who have a properly filed H-1B petition and change of status request pending with USCIS. If the petition is approved, the students will have an extension that enables them to remain in the US until the requested start date indicated in the H-1B petition takes effect. The coming years will see more sweeping immigration system changes.

Gurrattanpal Singh, Esq.
Ludhiana, India

Dear Editor:
As an American, I find those periodic FAIR reports (04/09/08 ID) ID carries quite annoying. What purpose do they actually serve? Most of us are trying to navigate as best we can through a terrible immigration system for our clients that has only gotten more and more rigid and mean-spirited over the last 4-5 years-and ID is adding fuel to the fire. Right now it is next to impossible to get educated individuals into this country to work on the H1-B visa due the current cap, which would benefit the country. Instead we have to listen to FAIR or commentators like Lou Dobbs negatively influencing the american public, who on the whole are pretty clueless as to what is really going on in the immigration scene right now. One blatent example is the idea that all H1-B individuals are "cheap labor" taking jobs away from americans etc. which is quite the opposite. We all know that every H1-B candidate's salary has to meet the prevailing wage standard otherwise the case will be denied-hard to understand how organisations like FAIR and TV anchors get away with repetitive false and misleading statements in this regard. Most world intelligencia are no longer going to wait over a year for the result of an H1-B Visa "Lottery" that could enable them to work for Microsoft, Oracle or Mercedes-Benz in the USA starting October 2009--these foreign R & D engineers or scientists and their potential american employers don't have time to waste and are going elsewhere--how about Canada, China,Singapore, India or Australia where they are being welcomed with open arms, to our detriment. While I understand that ID's goal is to be objective, ID can surely do better for its subscribers than carry these reports.

Catherine M. Kiely
Los Angeles, CA

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