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Immigration Daily April 28, 2008
Previous Issues
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Immigration Daily's April 25, 2008 issue incorrectly carried the March 4, 2008 USCIS National Stakeholder Meeting minutes. Thanks to an Immigration Daily reader, the correct March 29, 2008 National Stakeholder Meeting minutes now appear, we regret the error.

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


Shipping Now: The Nurse Immigration Book

ILW.COM is pleased to announce that this book has begun shipping. Those who pre-ordered it (as well as The Nurse Immigration Book authors) should expect to receive their copy next week. The table of contents is as follows:

I. FOREWORD: Why A Nurse Immigration Book? By William Stock


  • H-1 Visas For Nurses By Greg Siskind and Esther Fridman
  • TN Status For Nurses By Christopher Wendt
  • Practice Pointers for Presenting TN Applications By Leslie Holman
  • An Outline Of A Typical Nurse Case, Including Consular Processing By Joseph Curran
  • Adjustment Of Status For Professional Nurses By Sylvia Boecker
  • Building International Bridges By Commission On Graduates Of Foreign Nursing Schools (CGFNS International)
  • Tips For Staffing Companies In Planning Their Posting Strategies By Ronald Nair
  • Licensure: US State Licenses For International Nurses By Patrick Curran
  • Immigration Basics For Allied Professional Healthcare Workers By Christopher Musillo
  • Managing Or Achieving Expectations: The Key To Success By Michael Hammond
  • Global Issues In Nurse Recruitment By Joseph Curran
  • The Nurse Shortage: Why It Matters By Carl Shusterman
  • Deadly Consequences: The Hidden Impact Of Americas Nursing Shortage By Stuart Anderson
  • Aiding And Abetting - Nursing Crises At Home And Abroad By Sreekanth Chagaturu and Snigdha Vallabhaneni
  • US Visa Policy Competition For International Scholars, Scientists And Skilled Workers By Phyllis Farrell Norman
  • Better Late Than Never: Workforce Supply Implications Of Later Entry Into Nursing By David Auerbach, Peter Buerhaus and Douglas Staiger
  • The Business Of Nurse Immigration By Mireille Kingma
  • Recruitment Of Workers In The Philippines: Playing Ball With The POEA By Ronald Nair
  • Successful International Nurse Recruiting By C. Philip Slaton
  • Nurse Assimilation By Yvette Mooney
  • Hospitals' Responses To Nurse Staffing Shortages By Jessica May, Gloria Bazzoli and Anneliese Gerland
  • Nurse Perspectives Of The Migration Experience By Mariah Rutherford-Olds
V. AFTERWORD: Musings After 2 Decades In Nurse Immigration By James David Acoba

For more info, and to order, please see here. For the fax order form, see here.


Virtual Border Fence Given Mixed Assessment In First Test
Muzaffar Chishti and Claire Bergeron for the Migration Policy Institute write "The first "virtual fence" along the Southwest border has been officially accepted by the DHS after an eight-month delay."

Immigrants Of The Week: Ann-Margaret, Gene Simmons and Isabel Allende
Greg Siskind celebrates contributions of these outstanding immigrants to America.

To submit an Article for consideration, write to


USCIS Modifies Form I-765
USCIS announced that it has revised Form I-765, Application for Employment Authorization. The form now includes additional eligibility codes.


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:

PERM Services
At Jon Byk Advertising, Inc., we provide a wide range of services that will help fulfill your PERM recruitment requirements quickly, cost-effectively, and efficiently. With 15+ years of experience working with one of the nation's largest immigration law firms, our customer service is unparalleled. We understand the importance of meeting DOL requirements with regards to ad content, media selection, ad documentation (tear-sheets), and deadlines. We will locate publications that meet DOL and EDD requirements by geographic region, provide upfront pricing, and timely deliver original tear-sheets for all ads (print, online or broadcast). Our experience in recruitment solutions means valuable time saved for you. For more info and a free quote, contact Mya Le at 310-476-3012 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


Cost Of Illegal Worker Crackdown Questioned

Virtual Fence On Mexican Border To Be Replaced


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 Francisco, CA
Carrie L. Rosenbaum is pleased to announce the launch of Rosenbaum Immigration Appeals. RIA exclusively handles appellate briefs, mandamus actions and motions in the circuit courts of appeal, BIA, immigration court, district court and the AAO. Law Offices of Carrie L. Rosenbaum. Tel. (415) 788-2900, Fax (415) 788-4328.


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 re Roger Algase's letter of April 24th, I respond "si, comprende". Not only that, I generally agree. My problem with Mexicans per se is not that they are Mexicans or even Mexicans from the country's impoverished isthmus, but that they swamp other categories of immigrants. This moves us, in my opinion, far too close a largely bi-cultural society. Those are inherently bad. Multi-cultural societies can have, and ours traditionally has had, great capacities for assimilation into the dominant culture and inter-ethnic strife doesn't generally become a major threat to the legitimacy of society and the government. Bi-cultural societies, Quebec, Belgium and the nation formerly known as Czechoslovakia come to mind since I have a lot of associations with those, seem inherently unstable and quite rancorous. Since our present policy de facto privileges Mexicans who have the fewest advantages in assimilating, the relatively uneducated who have the least to lose from running afoul of our immigration laws, many parts of the country are experiencing the joys of bi-cultural politics. My main point remains that fear of too many Mexicans is not necessarily the same thing as a racial animus towards them specifically. After all, certain populist "business reporter" on CNN is married to a Mexican lady and the limits to growth people are run by dyed in the wool progressives who want to see the decline of white and Asian populations as well as an end to pretty much all immigration. That people (mistakenly) hearken back to pre 1965 immigration levels as a good thing does not necessarily mean they comprehend or advocate the same racial mix or focus. On a side note, I'll add that Mr. Gittelson, in his letter of the same day, is correct that remittances generally help the recipient country but that non-military foreign aid is generally a net negative.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Jim Roberts' letter of April 25 repeats his earlier attempts to defend the indefensible argument that the pre-1965 immigration system was not based on what my letters have, with justification, called the most obnoxious kind of racial prejudice. His argument boils down to two points: 1) It was natural to prefer Northern European immigrants because it was supposedly easier for them to assimilate. This is the classic argument that bigots in every period of our history have made to try to exclude immigrants who looked or sounded different from themselves, ever since the time that Benjamin Franklin complained that German speaking immigrants in the Pennsylvania colony could supposedly no more adopt the English language and English customs than they could "change the color of their skins". 2) It was natural to prefer Northern Europeans because they could fit in better with the ethnic mix of the time when the law was adopted. But my previous letters have already shown that the discriminatory 1924 immigration law did not reflect the ethnic mix of that time, but was deliberately framed to turn the clock back to an earlier century, before the big waves of immigration from Southern and Eastern Europe and the Middle East, (and to some extent East Asia, before even earlier exclusion laws cut off immigration from that part of the world) changed the face of America. Mr. Roberts' letters would also like to turn the clock back to the time before the post-1965 Latino, Caribbean, African and Asian immigrant "invasion". What is the difference?

Roger Algase, Esq.
New York, NY

Dear Editor:
The article about the plight of the wife of Iraq War veteran Jose Luis Negrete, entitled "Families split up by immigration laws" (The Sacramento Bee, 5/10/07) to which Janet Fitzgerald's letter refers (04/25/08 ID) is indeed sad, but not because Mr. Negrete is a veteran, but because he's American. Spouses of US citizens and permanent resident aliens have long been treated as "second class" and the rights of these legal US persons have been forgotten. No spouse of children should be separated for an undue length of time, but that's exactly what the American immigration laws do. CIR is a joke and should really be called "the amnesty bill". What America needs is to first address a workable legal immigration package and worry about what to do with law breakers later; but as long as amnesty is the foremost topic in immigration legislation, action will stagnate. Ms. Fitzgerald's letter compares Mr. Negrete and his wife's immigration problem to the Servanos, and turns the argument into a class war. The red herring is the reference to Mr. Negrete being an Iraq war veteran. This gives his wife no more standing under the law than does Dr. Servano's service as a physician, however, in private bills, service to the community is a large consideration, just as it is in hardship waivers. The difference is that Dr. Servano served the community he lives in, whereas Mrs. Negrete merely wants to join it and, I would imagine, continue to live on the fringe. However, I believe the equities lie with Mrs. Negrete and her USC spouse and children. Sometimes the law sucks. This is one of them. The entire hardship waiver system should be abolished, as being a draconian system of cruelty to US citizen and their loved ones.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Here is the correct link for the FAQ from the latest USCIS National Stakeholders Meeting (of March 25, 2008). ID has the link to an older one (March 4, 2008). Thank you for your continued service.

Harvey Mechanic, Esq.

Editor's note: Thanks to our reader for pointing this out. The error has been corrected, see comment above.

Dear Editor:
In response to Mr. Gittelson's letter (04/24/08 ID), as Mr. Gittelson's letter points out, the US is now recruiting the least desirable Americans for our armed forces. Are we now supposed to recruit not only non-Americans, but people who are all willing to break our laws and who owe dual loyalties? Agriculture comprised roughly 8% of our 2006 domestic exports. It's hardly the crucial contribution to our exports that Mr. Gittelson's letter apparently thinks it is. Availability of cheap illegal farm labor has caused the US to lag even Mexico in agricultural mechanization and modernization which reduce the need for stoop labor. Fast food and other services aren't included in trade deficit calculations which is based on merchandise trade. And if illegal aliens are working in manufacturing, then they definitely are doing jobs Americans would do. Let's not assume that all or even most illegal aliens pay taxes or are net taxpayers. The IRS started requiring that workers file a tax return in order to get an ITIN because roughly 4M of the 6M people who had ITINs weren't paying taxes. Illegal aliens who pay taxes are simply displacing Americans who would pay those taxes if the jobs weren't being done by illegal aliens. Since millions of illegal aliens drive wages down in industries where they're concentrated, higher taxes would be paid by Americans without them. Finally, as low-wage unskilled workers, illegal aliens are among the working poor and would be even if legalized. Were they legalized they would be able to sponsor family members for immigration, to claim the EITC and to have access to welfare programs. As eventual Social Security recipients, they would receive a greater benefit relative to their contribution than higher wage workers under the current system. Let's be clear about the costs of illegal immigration and of amnesty.

Ali Alexander

Dear Editor:
Drivers licenses don't confer an ability to drive well. If illegal residents are denied licenses, I suspect that the denial will not affect their driving ability or severely restrict their driving habits. If they're eligible for licenses, ditto. Good drivers will drive well and bad ones won't, regardless of the license requirements. So what is the point of this debate?

Mar Sclawy

Dear Editor:
In response to Jim Roberts's letter (04/25/08 ID) justifying racially motivated decision making seems a little disingenuous when it states in the next paragraph "... attempt to mollify the effects of the Latino invasion ..." Invasion? The US invaded Iraq. Shock, awe, bombs, bodies, dead and wounded. That is an "invasion". What is going on at the southern border is an economic migration similar to other migrations over human history. What is the advantage of assimilation? Do I really want my kids to assimilate with other American kids with little in the way of respect for family tradition, no work ethic and poor grades? NAFTA, US farm subsidies and a declining Mexican economy have contributed to the huge numbers of economic migrants searching for a better life. This is an opportunity for the migrant and for us as a nation to look at the facts. We have more than quadrupled the number of "undocumented" workers since we have begun to "crack down". The "reason" for undocumented labor is not everyone in the US is on the same page. Some very strongly believe in a free market. Its an economic equation and can be solved but not "won". Immigration can be managed intelligently and we can go back in time when mostly breadwinners came to the US, were documented, worked seasonally and sent money home. They worked a season or two and went back to Mexico. What's changed? Our border has turned from a peaceful turnstyle into a "war zone" or DMZ if you will. Families make one trip because crossing is so treacherous. Failure to match the number of visas to the number of jobs is what caused this mess. Its not a war folks.

Fenton Price

Dear Editor:
Responding to Roger Algase's letter of 4/25/08 ID, to the degree that: "preserving the American dream of a nation of equal justice and opportunity for people of all races and colors" is the primary purpose of the US today is the degree that we have been unduly influenced by "politically correct" dogma. The original purpose of the US was to enshrine Liberty, not to cram as much of the world's population here as possible.I agree with the Robert Yang letter that our overspending government is one of them. The Pope does not promote Catholicism by inviting all of the World to Italy or the Vatican but by encouraging others to follow certain ideals in their own land. RA letter's philosophy is similar to persons who have been invited to a party in which the host can accomodate a limited number of guests. While enjoying the host's hospitality, some immediately espouse that it's not fair that others of their family, their neighbors or others off the street have not been invited. Their crusade to bring them to the party is arrogant, a disservice to the host and results in the ruination of the party for all. The birthright citizenship by illegals should be a "no brainer" and ended at once on the allegiance issue alone besides the cost and security concerns. has stated that: "political correctness remains just what it was intended to be: a dangerous form of censorship and oppression, imposed upon the citizenry with the ultimate goal of manipulating, brainwashing and destroying our society". The burden of proof is upon those who follow such doctrines to show that this is not their intent, not the noble concerns and misdirected charitable reasons we frequently see.

Jim Roberts

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X