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Immigration Daily

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Immigration Daily April 11, 2008
Previous Issues
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Top Ten

We feature the most accessed links by our readers below:

Top five March Immigration Daily Articles

Top five March Immigration Daily Items

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


Solving PERM Practice Problems

ILW.COM is pleased to announce a 3-part telephone seminar series "Solving PERM Practice Problems", the curriculum is as follows:

FIRST Phone Session on April 17th: Managing a PERM Labor Certification Program in Unique Circumstances

  • Reductions in Force-when and how to file; disqualification of U.S. workers; documentation to secure in advance
  • Mergers & Acquisitions-impact on PERM filings; documentation to secure in advance; successor-in-interest
  • Roving Employees, Multiple Job Sites, Off-Site Employees-recruitment, disqualification of U.S. workers, and filing
SECOND Phone Session on May 15th: Audit Preparation & Response
  • Normal Requirements
  • What affect will travel have on the AOS application?
  • Employee gained experience while working with the employer
  • Business Necessity Arguments & Documentation for
    • Exceeding SVP
    • Foreign Language
    • Special Requirements
  • Demonstrating that skills could not be acquired during a reasonable period of on-the-job training
THIRD Phone Session on June 6th: Evaluation & Disqualification of U.S. Workers
  • Basic Elements & Time Frames of a Good Faith Recruitment Campaign
  • Disqualification of U.S. Workers-failure to meet experience requirement, education requirement, special requirements
  • Proving the employer meant it when agreeing to accept any suitable combination of education, training, and work experience
  • Demonstrating that skills could not be acquired during a reasonable period of on-the-job training
The deadline to sign up is Tuesday, April 15th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Making Money: Your Practical Guide To Profit
Ed Poll writes "The purpose of this article is to provide ideas to get you to that point where you're making a reasonable profit so that your real and primary focus shifts to your clients."

Bloggings: April 11, 2008
Christopher T. Musillo of the Hammond Law Group shares the latest entries to his firm's blog.

To submit an Article for consideration, write to


USCIS Releases Preliminary FY 2009 H-1B Filing Cap Number
USCIS announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008.


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.

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 Offices - San Diego, CA
The Law Offices of Robert Nadalin is pleased to announce its new downtown San Diego office address as: 110 West C Street, Suite 1300, San Diego, CA 92101. Phone: 619-234-8875. Email: Web: The firms practice is limited to immigration and nationality law with a specific focus on employment and family based matters.


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:
All foreign nationals traveling to India are required to possess a valid passport of their country and must obtain a valid Indian visa at an Indian embassy or consulate abroad before they arrive in India. There is currently no provision for "visa on arrival" in India. However, recent reports indicate that the Indian ministry of home affairs is working on a "visa on arrival" policy, which could go into effect by October 2009. This scheme, if implemented, would facilitate travel to India as foreign nationals of 18 countries would be issued a visa on their arrival into India. Under the proposed policy, foreign nationals of these countries will also be allowed to obtain multiple entry visas valid for 5 years upon arrival at an airport in India. The new Advance Passenger Information System (APIS) is expected to come into operation at six major Indian airports by April 2008 and the Indian government is of the view that "visa on arrival" system could be implemented after the new APIS system comes into use at these airports. "Visa on arrival" is likely to be available to the citizens of certain countries including U.S., Japan, France, Germany, New Zealand and the United Kingdom.

Akanksha Kalra, Esq.
Blue Bell, PA

Dear Editor:
The ID comment (04/10/08 ID) suggests that the presumed high rate of visa refusals for China and India may be equivalent to a 21st Century version of the racist Chinese exclusion laws of the late 19th and early 20th centuries (which were subsequently extended to include other Asian countries as well). One might also ask whether the refusal to raise the H-1B cap does not fall into the same category, considering where so many H-1B skilled workers are from. Suppose that the overwhelming majority of H-1B professionals came from Scandinavia or Great Britain instead of Asia. Does anyone think for a second that Lou Dobbs would be able to get away with spreading lies about educated foreign workers being "cheap labor"? Or that he would even care about trying to keep them out?

Roger Algase, Esq.
New York, NY

Dear Editor:
ID's comment re: Indians And Chinese Face Refusal (04/10/08), with sound deductive logic, is quite illuminating. I suggest that it should be sent to all Indian and Chinese papers, in U.S. as well as India and China, at least to all major ones. I am sure some of them would find it useful to report the same in their papers. Without causing continuous reverberations everywhere, its importance and impact would easily die down.

PJ Patel, Esq.

Dear Editor:
Responding to ID's comment (04/10/08 ID), this is arrogance. The U.S. economy is in shambles and the State Department turns away the money that would have been spent by visitors. The U.S. image is shattered worldwide, and we continue to treat foreigners as if they all were terrorists or criminals. We are on a slippery slope. No wonder the Euro keeps outpacing the Dollar.

Jose Monge, Esq.
Lexington, SC

Dear Editor:
I am not sure about ID's four country conclusion (04/10/08 ID comment). Russia and Brazil have fairly large populations as well.

Oscar Levin, Esq.

Dear Editor:
Hurrah for the total truth spoken in letters of Honza Prchal, Esq (04/09/08 ID). There are many legal immigrants waiting for an opportunity. Opportuniteis being denied them because everyone is so tied up in the whole immigration mess, no-one has taken the time to consider the legal immigrants. Not only do legal immigrants suffer all sorts of life altering delays, but the more emphasis that is put on the immigration issue, fired by the illegal immigration issue, the more the legal immigrants are looked down upon by the average american who has had enough of the whole issue. And then they forget that most legal immigrants are here to fill voids in the business world. Many of these law abiding, highly educated, legal immigrants, have family members who come with, and would probably be happy to fill some of the "more menial jobs" that supposedly the illegal immigrants are "needed" for. I am sick of being thrown in the immigration pot along with all the illegal immigrants.

Linda Cogill

Dear Editor:
The Roger Algase's letter (4/10/08 ID) shows progress in one area. Where his previous letter (4/8/08 ID) called my letter (4/7/08 ID) bigotry, his latest reduces the charge to: "..has to overcome a strong presumption of bigotry". However, that might be attributed to David Murray's cautionary letter (4/9/08 ID) on liability. But Roger Algese's letter should have retracted it altogether after my subsequent letter (4/9/08 ID) pointed out that the reference to the 1965 era was only about the limited numbers and made no reference to the national origin mix. Perhaps repeating it will overcome his letter's myopic zeal in attributing racism to any person or policy that does not meet his letter's polygenetic views. To the contrary, anyone who constantly rails against white Europeans would seem to display real prejudice and leave others to wonder about the motives. Americans, then and now, have every right to include or exclude anyone without explanation or conforming to any ideology and there are many agendas around that do threaten US. The Catherine M. Kiely letter's (4/10/08 ID) negative reaction to the review of the article: "Managing Migration: The Global Challenge" (4/9/08 ID) is hard to fathom. When such respected groups report that: "...immigration has been raised to record levels and may soon veer completely out of control.", would seem to be of interest to most concerned Americans.

Jim Roberts

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