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Immigration Daily

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Immigration Daily June 3, 2008
Previous Issues
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Lawsuit Against OPT

Computerworld reports that H-1B visa opponents have filed a federal lawsuit challenging Bush administration's recent decision to extend the Optional Training Period for foreign IT students from 12 months to 29 months. "The suit, filed in U.S. District Court in Newark, N.J., by the Immigration Reform Law Institute and joined by The Programmers Guild and other groups, charges that the administration's decision in April to extend the work period for students under the Optional Practical Training provision is little more than an effort to get around the H-1B cap limit. 'They did this with absolutely no legal basis,' said John Miano, founder of The Programmers Guild in Summit, N.J. He said the federal extension will hurt U.S. workers who are seeking job training because it will divert training resources to foreign workers."

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


Deadline Is Tuesday, June 2nd For Evaluation And Disqualification of U.S. Workers

Tuesday, May 13th is the deadline for the May 15th telephonic seminar session, the curriculum is as follows:

  • 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, June 3rd. For more info, including speaker bios, detailed curriculum, and registration information, please see: . (Fax version:


Second Drug Possession Convictions Held Not To Be Aggravated Felonies Unless First Conviction Was Admitted By Defendant Or Found By Judge Or Jury
Norton Tooby and Joseph Justin Rollin write "The rule of Matter of Carachuri-Rosendo results in the following circuit court breakdown."

You've Got Mail And Now We Have It Too
Adam Young for the Foundation for Economic Education writes "Worst of all, perhaps, is that this invasion of privacy and confidentiality by the state was a one-day news story."

To submit an Article for consideration, write to


DOL Auditing All Labor Certs By Fragomen
DOL announced that it has begun auditing all permanent labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP.

USCIS Moves Lockbox To New Site In Chicago
USCIS announced that it moved the agency Lockbox to a new location in Chicago on May 28.

USCIS Naturalizes First Military Spouse Overseas
USCIS conducted the first overseas naturalization ceremony for a military spouse.

CBP Will Issue New Frequent Traveler Cards
U.S. Customs and Border Protection announced it will issue new cards for current Secure Electronic Network for Travelers Rapid Inspection members starting today.


Help Wanted: Immigration Paralegal
Newark, NJ and New York, NY - Proskauer Rose LLP, one of the nation's largest law firms, seeks immigration paralegal. Must have a minimum three to five years experience with non-immigrant and immigrant casework (HIB, LIA, LIB, TN, E, O1, PERM, EB1, etc.), generating and completing forms, entering data into a case management system, and performing research. Bachelors Degree preferred. Excellent English writing skills and attention to detail required. Please send resumes to Angela Houghton via email to

Help Wanted: Immigration Paralegals
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. has immediate openings for a senior and a junior immigration paralegal for busy Immigration practice. Candidates must have experience in business immigration law, including preparation of H-1B, L-1, O-1 and E-1/E-2 visa petitions and labor certification cases. Responsibilities include the preparation and filing of business and employment-related immigration documentation and communications with government agencies and clients. Senior paralegal's responsibilities include supervising and mentoring junior paralegals. Qualified candidates must have excellent organizational skills, attention to detail, accuracy, consistency and job ownership. The ideal candidates must have excellent written and oral communication skills. Bachelor's degree is required. Junior paralegal position requires 3+ years of experience and Senior paralegal position requires 7+ years of experience. Send cover letter and resume to EOE.

Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.

EB-5 Business For Sale
US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt or inventory included. To view pictures and an appraisal report, see here. To discuss further, contact Thomas Barnes at: or call 434-955-0595 (after 10 am EST). All inquiries will be kept confidential.


State Needs Well-Reasoned Immigration Policy
It requires relentless pursuit of a real solution, not a quick fix that ignores the social, economic and political interests involved.

Immigration Prosecutions Hit Record Levels
Federal law enforcement agencies have increased criminal prosecutions of immigration violators to record levels, in part by filing minor charges against virtually every person caught illegally crossing some stretches of the U.S.-Mexico border, according to new U.S. data.


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 - Worthington, MN
June 5 - Worthington Area Chamber of Commerce is pleased to co-sponsor a public meeting on immigration issues. Guest speaker will be John Keller, executive director of Immigrant Law Center of Minnesota. Speakers will address how changing demographics will affect the workforce pool and Minnesota's economy. For more info, and to RSVP e-mail Kim Anderson at


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 agree with Robert Gittelson's letter's superb analysis of the issues (05/31/2008 ID) presented in the current debate about intolerant opinions on race that we have seen lately in ID's Letters to the Editor, and will add my voice to his protest. The arguments offered justifying a "cohesive society" and dictating what is, or should be, "consistent with the values of a civilized, democratic society" serve no purpose but to promote elitism, offering no positive good to resolving America's much needed immigration reform problems. As Mr. Gittelson's letter has pointed out, one must wonder if in the 21st century, intelligent people actually continue to subscribe to the separatist notions that were once accepted by the world as the norm, which justified despots like Adolph Hitler and his ilk to whip up a frenzy of like-minded goose-steppers who heard the call to arms and reveled in holding themselves out to be better, and more entitled, than some others. Restrictionist and intolerant opinions add nothing to resolving America's immigration crisis - and I mean the crisis of the broken system, complete with its archaic laws and regulations that must be changed, not only the illegal immigrant problem. And one must wonder if the debate about immigration issues is served by the pushing of the buttons of serious minded debaters, while at the same time embarrassing the restrictionist writer who reveals nothing more than an unabashed distortion of reality. The letters of Mr. Algase and Mr. Gittelson (05/31/2008 ID) have done a fine job of exposing just how ridiculous this hatemongering elitist position has become, and I agree with Mr. Gittelson's letter, "... because enough is enough," perhaps it is time to take the soap box away from bigoted and biased restrictionists by simply ending this seemingly never-ending chain of chains by failing to respond.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
My letter (06/02/08 ID) denouncing Jim Roberts' letters' indefensible attempts to suggest that the notorious anti-Semitic forgery, the so-called "Protocols of the Learned Elders of Zion", might somehow be genuine, also pointed out that Adolf Hitler, among many other anti-Semites, had praised this despicable piece of hate literature. However, my letter did not mean to suggest that any of Mr. Roberts' letters supports or agrees with Hitler in any way. If there was anything in any of my letters that could be misconstrued to this effect, I apologize. The only purpose of my letter was to point out that any suggestion that the "Protocols", which purports to describe a Jewish plot to take over the world, might possibly be authentic, is deeply offensive, not only to Jews, but to everyone who opposes discrimination and persecution based on race, religion or ethnicity. If Mr. Roberts' letters purport to be taken seriously, they should promptly disavow and apologize for any attempts to defend the supposed validity of the "Protocols", let alone falsely implying that the head of the Anti-Defamation League, Abraham Foxman, considers this document as anything other than a "myth". Mr. Roberts' letters, if they are to be regarded as free from prejudice, should also disavow and apologize for any suggestion that the alleged "Aztlan" plot by Mexicans for the "reconquista" of the Southwest is any more genuine than the "Protocols". My letters have been criticized frequently by Mr. Roberts' and others' letters for using the word "racism", and this criticism has been accepted. But it is hard to find any other word to use to describe suggestions that there might be any substance to either the ficticious"Protocols" or the equally ficticious "Aztlan plot".

Roger Algase, Esq.
New York, NY

Dear Editor:
Actually, my letters seem quite rational when written. Some believe in the Bible, some don't. It certainly is intolerance for non-believers to call the believers faith "outrageous", rather, it is called freedom of choice and liberty. With "Protocols", I merely pointed out that many believe their validity. For the benefit of the myopic R. Algase letter (6/2/08 ID), that is an "objective" statement in allowing for the contrary. The Abraham Foxman ADL quote proves this same point, as the word "myth" in his complete quote was his opinion and if there is widespread belief in this, the same is true for it's validity. If you interpret the quote to mean there is belief in the Protocols, there is also a contrary belief in it's forgery. The methodology for world hegemony of "Protocols" includes materialism, wars, corruption of education, despotism, control of the press, distractions, assault on religion, brainwashing, abuse of authority, and financial gain from bank's fractional reserve loans. It's really a moot point as to the book's forgery as these are all areas in which nations have and are being brought to embrace a NWO. Even if the book was forged, the content in general can still be valid. The contrarian would wonder why the ADL would go to the extreme of pressuring WalMart to exclude the book as similar efforts have also been made to ban the Bible. Survival International estimates there are about 100 tribes worldwide that have chosen to avoid contact with the modern world. Would the R. Gittelson letter's (6/2/08 ID) extreme egalitarianism bring these seemingly happy groups here and claim they would "fit in" and have no effect upon our cohesiveness? Once again, my concern is about numbers and a sustainable America which originally celebrated Liberty, not Multiculturalism and other social suppression or dogma.

Jim Roberts

Dear Editor:
Regarding Roger Algase, Esq's letter: The Jews did not kill Germans when they were trying to enter Germany. The entire bible is a Jewish book. The entire bible is not a Latino book. Drawing conclusions by misdefinations and selective articles about Adolf Hitler is not appropriate. The Latinos are invaders into America, they are illegally in the country. The Jews were not forcing their way in. On the web there are many articles of Americans being killed in Mexico and the letter's statement about 'latinos being demonized' is an attempt to block the truth with misconceptions, mis intrepetations of definitions just as Adolf Hitler did. Once Mr. Algase's letter said the prejudice against Latinos was against dark skinned people. The Jews are not darkskinned. Adolf Hiter was an anti-christ as was Napolean. What the letters want is a Latino supreme race, discriminating against the races of people from 168 countries denying them the same opportunity under the law to enter legally into the United States. When I was in the military defending my country, I met a man who was a child when the German S.S. marched and the ground shook when they marched. The German S.S. would throw babies up and shot them midair. They exterminated people and murdered people by the millions. The situation in the US is identical with Australia, England, France, Denmark in having a world overflowing with population enter illegally, and Mr. Howard of australia told them, "if you dont' like it here in Australia, leave"

David Utterback

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