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Immigration Daily

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Immigration Daily June 13, 2008
Previous Issues
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Attorney Eugene J. Flynn, of Dallas, TX points out that the links to DOL in yesterday's issue are case sensitive and do not work. We reproduce below the correct links in all caps.

From the BALCA Benchbook, Chapter 23
From the BALCA Benchbook, Chapter 23 Supplement
From the BALCA En Banc Summaries

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


The Nurse Immigration Book

The table of contents of this definitive work 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.


Six Things That Drive Clients Crazy And What You Can Do to Avoid Them
Ed Poll writes "Because clients usually call lawyers when they have a problem, attorneys need to find ways to eliminate the unnecessary irritants that really send clients up a wall."

Bloggings: June 13, 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


DHS Publishes Notice On ESTA
DHS published a notice on the Electronic System for Travel Authorization, to collect and maintain a record of nonimmigrant aliens who want to travel to the United States under the Visa Waiver Program (VWP).

ICE Publishes SEVIS Brochure
ICE released a brochure describing the new SEVIS II system.


Help Wanted: Immigration Paralegal
Pittsburgh, PA - Fujitsu Consulting, an international IT services and consulting company, seeks an immigration paralegal for its in-house immigration department. The paralegal will participate in all aspects of the department's employment-based immigration practice. Candidates must be detail-oriented, possess solid writing skills, and be capable of working in a fast-paced and deadline-driven environment. A bachelor's or higher degree is required. Experience as an immigration paralegal is preferred, though not required. Salary is competitive. All qualified applicants are invited to apply. Please email your resume to EOE.

Help Wanted: Immigration Paralegal
New York, NY - Bretz & Coven, LLP, a fast-paced Manhattan immigration law firm, seeks experienced paralegal able to speak English and at least one other foreign language (Hindi, Spanish, Creole French, etc.). Qualified candidates must have 2+ years of diverse immigration experience. The position requires heavy contact with clients. Requirements for this position include strong written and oral communication skills, attention to detail, organizational skills, ability to meet deadlines, interpersonal skills, team-mindedness, customer service skills, PC skills, ability to handle multiple tasks at the same time, and ability to work under pressure. Please e-mail your resume, salary requirements & writing sample to

Help Wanted: Immigration Paralegal
Lexington, KY - Stoll Keenon Ogden PLLC, a large Kentucky law firm, seeks employment-based immigration paralegal/case manager. Position requires strong organizational, writing, communication, and computer skills. Experience preferred in H-1B, L-1, PERM, and I-140 cases. Spanish or Japanese language skills considered a plus. Salary commensurate with experience. Competitive benefits. Great work environment. Please email your resume and salary requirements to EOE.

Help Wanted: Immigration Attorney
Cerritos, CA - The Chugh Firm, a mid-size law firm, seeks business immigration attorney with a minimum of 3 to 5 years experience in employment-based immigration. Email resume to

Position Sought
Experienced immigration specialist seeks immigration contract work for immigration law firms on a telecommute basis. Possess 10+ years experience in law firm environment and corporate environment managing the immigration department with primary responsibility for all phases of immigration processing and administration. Provides a wide range of immigration support services to immigration attorneys and organizations including, but not limited to: preparation of all IV and NIV documents and support letters (B, H, E, L, TN, O, P, PERM and PR), onsite I-9 and Public Access File auditing services to ensure corporate compliance with labor and immigration regulations, and coordinating visa applications requiring host-country filings. Resume, writing sample, and references available upon request. Email:

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 80+ engineers and 11 sales and support staff. INSZoom is the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email

Immigration Consulting Services
Angelo Paparelli, a nationally-renowned expert with an outstanding breadth of immigration law knowledge and expertise, is available to provide immigration- related consulting services to corporate executives, general counsel, HR departments, foundations, attorneys and law firms in private practice. He consults on employment-based immigration, job portability, remedies for status violations, mergers and acquisitions, immigration-related corporate policies, crisis communication, government investigations, employer sanctions, legislative advocacy, waivers of ineligibility and litigation. Offices in CA & NY. Services: worldwide. To discuss how he can consult on your case, contact Angelo Paparelli at 949-955-5555 or


McCain, GOP Face Hispanic Tipping Point
As the largest minority group in the United States, Hispanics are finding their political sea legs in a year in which their votes could, and likely will, swing the presidential election.

Senator Tries To Keep Valedictorian From Deportation
Plans to deport an Armenian high school valedictorian in Fresno, California, were put on hold Tuesday after Sen. Dianne Feinstein took steps to make him and his family legal U.S. residents.


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 Book
"Mexican Immigration to the United States (National Bureau of Economic Research Conference Report) " George J. Borjas (Editor), University Of Chicago Press, 264 pp. Hardcover, ISBN: 0226066320, $60


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:
There are some problems with your "More On Diversion" comment (06/12/08 ID). First the links are case sensitive and everything from "public" to the end of each links needs to be capitalized for them to work. Second, the old BALCA Benchbook (May 1992) has always had an improper citation for Matter of Engineering Technology, Inc., 89-INA-10 (BALCA Jan. 11,1990). The cite 88-INA-508 is In The Matter of Precision Airparts Support Services, Inc. as noted further down in the ID comment.

Eugene J. Flynn, Esq.
Dallas, TX

Editor's Note: Thank you for pointing out the error, please see comment above.

Dear Editor:
I read with some amusement the ID comments on "diversion" (06/12/08 ID) - the practice of offering other positions to US applicants during the market testing phase of labor certification. The whole idea of Labor Certification, in its treatment of competitive forces, seems to have come straight out of a Soviet era manual. There's no such thing as "qualified". There's only more qualified and less qualified. Companies seldom look at one individual while making a hiring decision. Right now, companies go through the exercise of looking for the best candidate and if that candidate happens to be foreign-born they have to repeat that exercise to prove that they didn't find a better US candidate - only that they replace the words "not better" with "not qualified". Why can't congress simply set a percentile wage level (of US-wide wages), above which any foreign-born employee is automatically deemed to be labor certified? Why bother with exceptional abilities, outstanding researchers or the elaborate market testing ritual? If they are really exceptional and outstanding, crossing that wage level would just be a walk in the park for them now, woudn't it? Congress could even define, or let DoL define, EB categories in terms of percentile wage levels (and/or the amount of time the foreign national has been earning those wages) instead of arbitrarily setting education and experience levels like it does now. That would not only make a lot more sense, it would save Mr John Q Taxpayer a load of money and it would enormously simplify the whole process for applicants. For a country that sets so much store by market forces, why can't its immigration policy put some faith in the market for crying out loud.

Trivikram Krishnamurthy
Sunnyvale, CA

Dear Editor:
The letter of J. Fitzgerald (6/12/08 ID) carefully contrives a specious and simplistic argument that our entry laws are "bad" because entrants have families and they are violated for economic reasons. You could similarly justify robbing banks. Jesus taught not to covet or steal and to obey the laws of land. Migration is not a "force of nature", it's a choice people make and if they make the wrong one, laws and enforcement are justified. The letter of H. Prchal (6/12/08 ID) may have misinterpreted my letter (6/11/08 ID). The Buchanan quotes were not against or "denouncing free trade" as a pure concept -- They pointed out that the present mercantilism or nationalistic policies being practiced by some other trading nations are "not free trade", but unfair trade and they certainly are working for them, but not US. Neither are the various trade agreements "free trade", but managed trade by Globalists for their benefit, superseding our sovereignty, all of which work against US as our current economic woes attest. We are, "in a recession now". It is a spendthrift Congress that has been the beneficiary of "inflating the currency", not citizens who have to pay higher prices. If the HP letter believes the government figure of an unemployment rate of 5 1/2%, it also would believe that all Aztlan invaders are assimilating. Wal-Mart is "mercantilist" as their policies enrich and protect them and their markets by using essentially slave labor. When they and the other Globalists have solidified their monopolistic positions, how much "value to the economy" will we see then when the competition has effectively been eliminated and they can charge whatever prices they wish?

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