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Immigration Daily

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Immigration Daily September 16, 2011
Previous Issues
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Comment: Endelman On EB Adjustments - We are pleased to carry a guest comment by Gary Endelman.

Despite an initial announcement that all EB numbers had been exhausted, people can still file EB adjustments for the rest of September if they are eligible and have a current priority date. As the regulation cited below indicates, it is the Visa Bulletin that determines visa availability. An announcement cannot trump a regulation. As the State Department memo makes clear, adjustments can continue to be filed and will be held in the Visa Office's "Pending Demand" file for Oct 1 when new numbers will be released for FY 2012. It is commendable that the USCIS has clarified this in today's public announcement, though it came a bit late and, even then, without a reference to 8 CFR 245.1(g)(1).

8 CFR 245.1(g)(1) Availability of immigrant visas under section 245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. A preference immigrant visa is considered available for accepting and processing if the applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current). Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.

This is not the first time that such a confused state of affairs has erupted. Doubtless, the great Visa Controversy of July 2007 comes readily to mind. It is a good idea for lawyers and applicants to continue to send in EB adjustments in if only to get in line when new visa numbers do become available on Oct 1 with the advent of FY 2012.

Article: Is the End of the Bar at Hand? by Ed Poll

Bloggings: Will E-Verify Be Sunk By Repulicans? by Greg Siskind

Bloggings: Rights of Undocumented and Illegal Immigrants in the Work Place by Jacob Sapochnick

Bloggings: Where Have All the College-Educated Gone? by Anthony F. Siliato and Scott R. Malyk

News: USCIS Announces It Continues Accepting EB Adjustment Applications Based On September Visa Bulletin

News: DHS Homeland Security Advisory Council's Task Force Issues Report On Secure Communities Program

News: CRS Report On U.S.-Mexican Security Cooperation: The Mrida Initiative and Beyond

Focus: All New 2011-2012 Editions - The Best Indexed ACT, CFRs
ILW.COM is pleased to offer the latest, completely revised 2011-2012 editions of Patel's Immigration Law Library. This collection includes the essential reference resource The WHOLE Act, The INA (Annotated), used by DHS officials, federal court libraries, and veteran immigration practitioners. Once you have used this version of the INA, you will wonder why you ever used any other! This collection also features the fully indexed 8 CFR and fully indexed 20/22/28 CFR. While supplies last, the best quality immigration law reference books are now available at the cheapest price on the market - $189 for all three books (shipping and handling included!).

Headline: Task force criticizes Obama's deportation program
Headline: Job Openings
Headline: RT @AZGilbertNews Mitt Romney promises to stop immigration
Headline: are you a stressed out attorney, paralegal or law student looking for a job? Have no fear!
Headline: Thanks for the RT mentions and discussions! @Jennifersowhat @SistersofMercy @hectichousewife @ExploreHomeland @amorsinpapeles
Headline: RT @Min_Reyes How the Right Made Racism Sound Fair--and Changed Immigration Politics
Headline: Analysis and Comments, ETA forms, Memos, Roadmaps & Checklists. Get your copy

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Help Wanted: Immigration Attorney
Washington, DC - Fragomen Del Rey Bernsen & Loewy LLP is looking for an Associate Attorney with 2 - 5 years of experience in all aspects of business immigration, including PERM, nonimmigrant and immigrant visa matters. The position will involve a great deal of client contact with several of the firm's large, global clients. Qualified candidates will be highly organized, have excellent research and writing skills, and possess strong interpersonal and client communications skills. Highly competitive salary and benefits. Please email cover letter, resume, and writing sample (Word or Adobe formats only), in confidence, to Robert F. McCafferty, Human Resources/Office Manager, Fragomen, Del Rey, Bernsen & Loewy, LLP, at, or fax same to 202-371-2898. FRAGOMEN is an equal opportunity employer.

Help Wanted: Immigration Paralegal
New York, NY - Klasko, Rulon, Stock & Seltzer, LLP, a nationally-known immigration law firm, has an opening in its NY City office for a paralegal with 1-2 years of experience to handle a variety of employment based immigration matters for hospitals and research organizations. You will work with attorneys, have contact with scientists, managers, and other professionals, drafting documents and forms to establish eligibility for immigration benefits. If you are interested in international/intercultural issues; are a good writer; are able to understand complicated rules and procedures; and have a Bachelors degree with excellent academic credentials along with 1-2 years of immigration experience, please email your cover letter, resume and a brief writing sample to: Information about the firm can be found at

Law Practice for Sale
After 32 years, it's time to move on. US immigration law practice, AV rated for the past 20 years, is for sale. This is the largest practice in the state, located in Albuquerque, New Mexico. The firm handles employment, family, removal, and consular cases. Multiple long-standing institutional clients. Equipment, multiple networked PC's, books, and furniture included. Annual revenues in excess of $1M for the past 10 years. Interested law firms should send inquiries to All correspondence will be treated as strictly confidential.

To place a classifieds ad in Immigration Daily, see here

Letters of the Week By Backlogged, Richard Y, Roger Algase, Esq. and Joe Whalen

ComingsNGoings: Immigration Event
Teleconference, September 27, 2:00pm - USCIS Service Center Operations Directorate invites interested parties to participate in a stakeholder meeting regarding Form I-130, Petition for Alien Relative (Humanitarian Relief). To participate in this engagement, please provide your full name and the organization you represent to Ana Rili at by COB Tuesday, September 20th and reference September 27th Teleconference in the subject line.

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Publisher:  Sam Udani    ISSN:   1930-062X
Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Greg Siskind, Joel Stewart