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Immigration Daily April 24, 2008
Previous Issues
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Contested Election

This year, AILA members have a choice, with 3 individuals vying for the Executive Committee Secretary position. Immigration Daily invited Romy Kapoor, Ruth Oh, and T. Douglas Stump to share their platform with Immigration Daily readers. We received a response from T. Douglas Stump who is running by petition in contrast to the other candidates who have been nominated. To view, see here. If we receive further updates from any of the candidates, we will feature them in Immigration Daily.

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


The PERM Workshop Early Bird Deadline Is April 30th

ILW.COM is pleased to announce The PERM Workshop which will be held on Wednesday, June 25, 2008 in Vancouver, Canada. The Early Bird Deadline is April 30th. 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: For the fax form, see here. The Early Bird Deadline is April 30th, don't delay, act today!


Recent Developments In Criminal Immigration Law - April 2008
Norton Tooby and Joseph Justin Rollin provide a summary of select criminal immigration law cases that readers may find of interest.

Bloggings: April 24, 2008
Greg Siskind shares the latest entries to his blog.

To submit an Article for consideration, write to


Aytes Memo On VAWA EWI Self-Petitioners
USCIS Associate Director Aytes released a memorandum providing guidance to USCIS adjudicators for adjudicating adjustment of status applications filed by VAWA self-petitioners who are present in the US without inspection.


Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks an attorney for the position of Associate Counsel in the National Security & Records Verification Law Division (NSRVLD). Responsibilities include, but are not limited to, providing legal advice and consultation in discussions with the heads of USCIS units, working with USCIS managers in a continuing effort to improve the security check and fraud detection processes, assisting in the coordination of legal issues involving national security, criminal and fraud matters with other law enforcement and intelligence agencies and providing litigation support in cases before the Federal courts. Experience in immigration-related criminal and national security legal issues preferred. Must be able to hold and maintain a Top Secret clearance. For full details enter COU-CIS-2008-0006 here. Applicants must submit (1) resume, (2) writing sample (5 pps. max), (3) references, (4) cover letter to All submissions must be received by close of business Wednesday, April 30, 2008. GS-13-15, position open until filled. No reimbursement expenses offered.

Help Wanted: Immigration Attorney
Manhattan - Alan Lee, Esq., ( seeks a bright, ambitious, extremely hard-working attorney as sole associate, who writes well, is detailed, does the homework on cases, & has experience in various aspects of immigration law. You will handle appearances at CIS and courts and cases that are/may become difficult. Strong interpersonal and communication skills required. Salary not necessarily commensurate with workload, but good opportunities down the road. E-mail resume to

Help Wanted: Immigration Professional
Rockville, MD - Hammond Claxon, P.C., nationally-recognized 2-attorney business immigration boutique, seeks law firm administrator to ensure efficient workflow, implement/coordinate practice management software, automate procedures, coordinate billing and finances, handle personnel matters, open and assign cases, assist in marketing and planning for changing needs of the firm. Must have 4+ years experience in legal or other professional service organizations, strong communication and administrative skills, ability to work independently and organize and prioritize work and availability for overtime. Excellent growth opportunity for legal secretary or paralegal. We are conveniently located in the charming Rockville Town Center near the Metro. Email resume to

Help Wanted: Immigration Paralegal
Dupont Circle, DC - Fast-paced, dynamic nationally recognized, immigration law firm seeks motivated, detail-oriented individual for business immigration paralegal position. Strong organizational, writing, and interpersonal skills required. Prior business immigration experience required. Experience with PERM desired. Great opportunity for individual interested in challenging, exciting work with international clientele; excellent career advancement possibilities and work environment. Competitive salary and benefits. Please email resume, salary requirements, and references to: or fax (202) 483-6801, Attn: John Nahajzer. No calls please.

Help Wanted: Immigration Attorney
Cleveland, OH - David Wolfe Leopold & Associates seeks associate with 2-4 years of employment-based immigration law experience. Excellent writing, technical, communication and organizational skills essential. E-mail resume (with specific experience) and writing sample to: Daurielle Horowitz:

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

J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with AIESEC United States. For 50 years, AIESEC U.S. has offered foreign nationals the opportunity to grow both personally and professionally by sponsoring exchange visitor traineeships. Enjoy unparalleled customer service, including in-depth guidance on J-1 Trainee visa regulations and the changes effective July 2007. We also offer logistical and cultural reception services in locations nationwide. Expect a 24-48 hr. application processing time. The J-1 Trainee visa can be used for individuals to participate in training programs in the following fields: information media and communications, education, social sciences, library science, counseling and social services, management, business, commerce and finance, the sciences, engineering, architecture, mathematics and industrial occupations, public administration, and law. Attorneys interested in learning more about AIESEC United States and the J-1 Trainee visa, please email Melany Hamner:


Colleges Chafe At Imposed Burden Of Tracking Foreign Students

Court Reverses Asylum Denial Of Colombian Woman


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 Event - Washington, DC
Global Displacement and the Implications for Refugees, sponsored by the Brookings Institution. 3:30-5pm, Wednesday, April 23, 2008, The Hilton Embassy Row, Ambassador Room, 2010 Massachusetts Ave, NW, Washington, DC. RSVP: (202) 797-6105 or


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:
I appreciate Honza Prchal's letter's comments about my letters dealing with the pre-1965 immigration laws, but his letter (04/23/08 ID) apparently misunderstands the context of my letters. My letters were not intended to defend the idea of letting large numbers of people come here illegally out of a misplaced sense of "guilt" for past injustices that might have been inflicted on immigrants of earlier generations. Rather, my letters were meant to be a response to letters by Jim Roberts that appeared to oppose the 1965 immigration reform and put forth a revisionist theory arguing that the previous immigration system was somehow preferable because of "limited numbers", not because it was based on prejudice. My letters pointed out that prior law was based on the most obnoxious kind of racial prejudice, and to flash a warning sign against any suggestion that we should turn the clock back to those bad old days. To use an analogy, Americans may have legitimate arguments on both sides about the wisdom of affirmative action as a solution for current racial inequality of opportunity, but no one would suggest going back to the days of racial segregation. In the same way, we can have legitimate differences over current immigration policies, but advocating a return to the racially discriminatory pre-1965 immigration quotas should be completely off the table for discussion. Mr. Prchal's letters also appear to object to the fact that so many of our current immigrants are from one particular part of the world, namely you know where. But this is something we have heard many times before, and all too often. In the 1850's it was the Irish who were supposedly taking over America. In 1900, it was the Chinese, in 1920, the Italians, in the 1930's, the Jews. Comprende?

Roger Algase, Esq.
New York, NY

Dear Editor:
Mr. Yang's letter (04/23/08 ID) listed a lot of attributes that immigrants should possess ... but his letter missed the single most important one - future immigrants must obey our laws, from the beginning. The Soranos stole two visa numbers from two other fellow citizens (Filipinos). They stole this opportunity from two otherwise law-abiding citizens of their own country. If one cannot obey all of our laws and rules, from the beginning, then those types of people should not be welcome. The Soranos are thieves and visa cheats - no other 'excuses' can be made for their actions .... but Mr. Yang's letter states that our current immigration laws are 'barbaric' - yet, the Soranos, visa cheats and thieves that they are, should be rewarded? Why? They will not be sentenced to prison - only instead to return to their own country and wait their turn to immigrate to the US, legally. Yes, they may need a waiver, currently not available to them since they have no qualifying relatives, under our 'barbaric' law, but whose fault is that? If one can't do the time, don't do the crime.


Dear Editor:
Responding to Mr. Alexanders comments about my recent ID article, I dont see how the availability of additional potential recruits can be negative for our country, especially in light of today's LA Times news story, explaining how the armed services are making it easier for convicted felons to join the military, in an effort to help our military branches keep up with demand. Further, his letter's assumption that our undocumented workers have little to no impact on our trade balance is one of the most incorrect statements that Ive read. Since our nations agricultural products are consistently one of our export categories, and undocumented workers are 15-40% of the agricultural workforce, his argument is ludicrous. Since many of our undocumented workers are in the manufacturing field, they account for a significant percentage of our export of manufactured goods. Many of the hotel/food service employees are undocumented, and travel/tourism of international travelers account for billions in domestic revenue from international sources. His assertion that the undocumented dont pay taxes since they use stolen ID numbers is patently incorrect. They pay on those numbers, but are ineligible for refunds or the earned income tax credit, and even if they do claim numerous deductions, they still pay SS. Many pay taxes under a legal ITIN number, since they arent eligible for a SS card. If we were to legalize these people, they would all pay taxes. Finally, I would counter that often aid to third world nations ends up in the private Swiss bank accounts of local officials, instead of going to the free market economy of those countries, In closing, there's nothing wrong with thoughtful debate. However, we need to all be clear about the facts as they are, not as we wish them to be.

Robert Gittelson

Dear Editor:
A lot of the heated commentators against illegal's who cross the Mexico border appear to want complete and utter shut down of the southern border, ala past totalitarian nations such as Germany. They don't realize that it is impossible to completely shut down the borders. What they don't realize is that our own well-being as a nation depends on our neighbors' good will. If it weren't for them, many terrorists would be allowed to continue into the United States. Our neighboring countries graciously allow the US to actively operate and work in full cooperation with their law enforcement and military entities to stop and/or capture unlawful operations headed into the US. I witnessed a case that involved a murderous smuggling international organization that operated from South America to the US in which several countries gave their extreme cooperation which resulted in successful prosecution (in one of their countries) and saved many lives and drugs into the US. Because of the nature of these type of operations, the US does not always talk about them, so it's not common knowledge.


Dear Editor:
It is the Sid Lachter letter (4/23/08 ID) that gives indication of being lost in the woods with the opinion that birthright citizenship preclusion could be done by amendment only and still gives no reason for supporting this harmful anachronism as it is now wrongfully interpreted. The phrase "subject to the jurisdiction thereof" was intended to exclude American born persons from automatic citizenship whose allegiance to the United States was not complete. Over a century ago, the Supreme Court appropriately confirmed this restricted interpretation of citizenship in 83 US 36 (1873) and 112 US 94 (1884). In the 1884 Elk v. Wilkins landmark case, the limiting phrase was interpreted to exclude "children of ministers, consuls, and citizens of foreign states born within the United States." Neither in that decision or since has the Supreme Court explicitly ruled on whether children born in the U.S. to parents of illegals are entitled to birthright citizenship. On 9/29/05, Dr. John C. Eastman, Professor of Law, Chapman University School of Law, Director - The Claremont Institute Center for Constitutional Jurisprudence, gave testimony before the U.S. Subcommittee on Immigration, Border Security and Claims, concluding that denying birthright citizenship by illegals could be clarified by Executive order, Solicitor General opinion, Statute or by Congressional resolution. In the event that the foregoing should fail, an Amendment remains an alternative. The present absurdity not only has U.S. taxpayers supporting illegal entry but could be used by terrorists or other agenda groups to establish themselves with no requirement of allegiance. H.R. 1940 is another bill addressing this.

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