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Immigration Daily

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Immigration Daily May 8, 2003
Previous Issues
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Editor's Comments

Proofing Error

We are blessed with eagle-eyed readers, three of whom point out in today's Letters to the Editor that we erred in referring to a quarter of a trillion as 250 million million. Of course. Producing Immigration Daily under tight deadlines every day sometimes does not leave enough time for proofing. Our intent was clear - we referred to a quarter of a million millionaires to compare the sum to - but erred in proofing. It would be absurd to assert that the SSA account had $250 Trillion in it, when our GDP is only a tiny fraction of that gargantuan sum. Our central point still stands - $250 Billion is an enormous sum of money, and highlights the economic impact of immigration. Discussions on the economic impact of immigrants should be based on the understanding that very large sums of money are involved.


Curriculum For Upcoming Labor Cert Seminar

The following is the curriculum for the upcoming seminar on labor certification: ""Labor"-Intensive Immigration Practice: Advanced DOL Strategies on the Eve of PERM". The speakers for the upcoming session will be distinguished practitioners Angelo Paparelli, Becky Burdette, Cheryl Lenz-Calvo, and Joel Stewart.

  1. "We're not in Kansas anymore, Toto!": Regional variations in policies and practices among the DOL Certifying Officers in Atlanta, Texas and Chicago and the large-state State Work Force Agencies in these regions:
    • Prevailing Wages: Crossover between levels 1 and 2 and the effect on prevailing wages for jobs in the mid range;
    • Feasibility and strategy on using experience gained on the job with the sponsoring employer
    • Availability of RIR by occupation/industry,
    • Ad frequency and content and pattern-of-recruitment requirements for RIR
    • When to use journal and when to use newspaper
    • Alternative job requirements
    • SVP Designation by reference to DOT versus SOC
    • Processing Times at SWAs and DOL regions
  2. "Did You Ever Have to Make up Your Mind": Resolving differences between the DOT and the SOC in minimum requirements and prevailing wage determinations;
  3. "As of now, I am in control here": Issues of control and delegation of duty between federal and state processing of labor certifications;
  4. "Hit the Road Jack": Where do you go in the standard queue when your RIR's been denied (end of the line or by original priority date)
  5. "Home Sweet Home": Evolving issues where alien is currently employed by the sponsoring employer;
  6. "Here come da Judge":
    • Evidentiary issues and burden of proof;
    • Must information demanded by the Certifying Officer be relevant or merely reasonable
    • Are operating instructions masquerading as legal precepts;
    • Bizarre NOF's;
    • BALCA update

For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see: The registration deadline is Thursday, May 13th.

Featured Article

France's Immigration Reform Limits The "Double Penalty" of Deportation After Time Served
Carl R. Baldwin discusses the French approach to immigration and deportation as an exercise in comparative immigration law.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Immigration Law News

General Counsel Legal Opinion Says Alien Granted Asylum Is Employment Authorized
The Office of the General Counsel of the INS provides a legal opinion regarding the employment authorization and employment authorization documentation of aliens granted asylum.

DOL Orders Payment Of Back Wages Plus Interest In H-1B Matter
In the Matter of Administrator, Wage & Hour Division v. U R There Productions, Inc., No. 2002-LCA-0017 (OALJ, May. 6, 2003), the Office of Administrative Law Judges ordered Employer to pay back wages in the amount of $3,155.50 after Employer failed to appear at the hearing and failed to file a response to the show cause order.

Court Errs In Imposing 16-Level Enhancement When It Applies Wrong Sentencing Guideline
In US v. Barajas-Ruiz, No. 02-4065 (10th Cir. May. 6, 2003), the court said that use of the wrong guideline resulted in a sentence range nearly double that for an unspecified aggravated felony and that the district court erred in imposing the sixteen-level enhancement when the wrong sentencing guideline was applied.

Court Has Jurisdiction To Consider Habeas Corpus Relief Under St. Cyr
In Flores-Garza v. INS, No. 99-60625 (5th Cir. May. 2, 2003), the court said that it lacked jurdisdiction to review a Board of Immigration Appeal's (BIA) order finding an alien removable based on a controlled substance offense, but that the district court did have jurisdiction to consider his petition for habeas corpus relief under 28 USC 2241. In its opinion the court mentioned that the parties had taken "somewhat inverted or counter-intuitive positions."

Almendarez-Torres Is Good Law
In US v. Perez-Olalde, No. 02-5109 (6th Cir. May. 6, 2003), the court said that "[8 USC] 1326(b) lists sentencing factors rather than a separate crime, and therefore a [8 USC] 1326(a) indictment need not include previous aggravated felonies for the defendant to be sentenced under the provisions for [8 USC] 1326(b).

US Authorizes Detaining Of SARS Victims
The New York Times reports "As part of the government's efforts to prevent an epidemic of SARS in the US, the Bush administration has authorized immigration and customs agents at the nation's international airports to use force to detain arriving passengers who appear to have symptoms of the disease, senior administration officials said."

Discovered Tunnels Along Mexico Border Raises Questions
The San Diego Union-Tribune reports "An increasing number of tunnels are being found by US Border Patrol agents, whose numbers have doubled since the early 1990s. While their primary function is still apprehending smugglers and illegal immigrants, agents found two of the last five secret border passageways including the one discovered April 4."

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Immigration Software
You know the impact that automated forms programs have had on your immigration practice, so why stop there? What if you could streamline every aspect of case preparation and filing - client data collection, case status tracking, client/attorney communication, even standard responses to common client questions? How much more productive could your practice be if you could reduce the time you spent on the phone with you clients by 80%? Or if you and your clients could review and edit all of their forms and letters, online, without having to mail them back and forth? If you're ready to handle more cases, more productively, and at a lower cost, then you owe it to yourself to try VisaPrep, at no obligation, free for 30 days. We'll customize an online immigration application preparation system just for you, and provide you with all the training you need - no cost, no catch. In those 30 days, you'll see cases prepared faster, spend less time on the phone with clients, and your staff will work more efficiently. Call 866-VISA PREP (866-847-2773) or send an e-mail to: for more information.

Help Wanted: Government Relations Manager
Aiesec United States, Inc. is a non-profit organization that coordinates paid international internships for college-aged students in 85 member countries. The Government Relations manager position is based in New York, NY and will be responsible for issuing and maintaining all paperwork required to issue the J-1 training visa for incoming exchange participants. This position requires ensuring J-1 regulatory compliance for its central administrative office and 40 additional locations comprised of student volunteers for more than 1000 exchange visitors. Train volunteers on all aspects of J-1 compliance at national conferences. Maintain regular contact with the Department of State, related government agencies and lobbying organizations in Washington DC. Experience issuing the J-1 training visa + managing visa compliance is required. Bachelor's degree and a high level of organizational skills are essential. Experience as a J-1 Responsible Officer or Alternate Responsible Officer in a similar exchange program is preferred. Applicant must be a US citizen. E-mail resume and cover letter to

Help Wanted - Experienced Paralegal
The Boston office of Hale and Dorr LLP is seeking an experienced Immigration Paralegal. Principal duties will include the preparation of employment-related immigration filings including all non-immigrant employment petitions (e.g., E-1, E-2, H-1B, L-1, O-1 etc.), labor certification and permanent residency applications, foreign residency requirement waiver applications and J-1 practical training program applications. Candidates must have a bachelors degree, 6-10 years of related experience (large firm or boutique experience preferred) and advanced writing, research and technology skills (IRISPro desired). We offer a competitive salary and generous fringe benefits package. Send cover letter and resume to:

Books - 2003 Edition 8 CFR Plus And INA
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. Not satisfied with your purchase? We offer a money-back, no questions asked, guarantee. For information on our various publications, please see this link.

Help Wanted - Experienced Paralegals
Greenberg Traurig, an international law firm with more than 800 attorneys, has openings in its Tysons Corner office for senior immigration specialists/paralegals. Must have significant experience in non-immigrant work-related visas, including Es, H-1Bs and L-1s, as well as Labor Certifications and EB-1s. Experience with consular processing is essential. Must be a college graduate and possess 4+ years of business-related immigration experience, including 1+ year at a senior level. Spanish is preferred but not required. Strong organizational, written, computer and verbal skills, along with the ability to work with minimum supervision, are required. Excellent benefits and compensation package offered. Please send resume and salary history by fax 703-714-8378 or email

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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For a listing of current immigration events please click here
For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
I trust that even most pro-immigration types like myself - I am an Immigration lawyer - would find your leap in reasoning from the fact that there is $250 million million in unclaimed social security monies in the coffers due to unmatched social security numbers, to the conclusion that it was put there by undocumented workers, embarrassing for our side. I will not list for you the innumerable other ways this error could come about, but I regret that this is out there for the anti-immigration folk to point at to show how ridiculous we can get.

Billie Gray

Editor's Note: Please see today's Editor's Comments.

Dear Editor:
Regarding the 250 million million Editor's comments, shouldn't the title be 250 thousand million? In reading the story, we see that the "net worth of a quarter of million millionaires" is 250 billion dollars, and that would be 250 thousand (millionaires) X one million (their net worth) = 250 Billion. while 250 million million(as in the title) would total 250 trillion. Now weather immigrants are a burden or not, it would be nice if the SSA had a spare 250 trillion lying around wouldn't it?

Name Not Provided

Editor's Note: Please see today's Editor's Comments.

Dear Editor:
Just wanted you to know...A quarter of a trillion is 250 billion, which is 250 thousand million (instead of 250 million million). Still, a mighty big number.

Dan E. White, Constangy, Brooks & Smith, LLC
Nashville, Tennessee

Editor's Note: Please see today's Editor's Comments.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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