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Immigration Daily September 12, 2003
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Editor's Comments

Functional Managers

Today's Featured Article, "How To Win A Functional Manager Case" is authored by Gary Endelman. It is full of valuable tips and practice pointers on functional manager cases in both the immigrant and nonimmigrant contexts. Mr. Endelman is one of the largest filers for functional manager cases in the country. His article includes 20 practice pointers he himself uses and also includes helpful flowcharts and documents to illustrate his points.


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Featured Article

How To Win A Functional Manager Case
Gary Endelman writes "The purpose of this article is to get down and dirty, to focus solely on practice pointers that may prove useful to the creative advocate the next time a potential functional manager walks into your office."

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Immigration Law News

BCIS Director Aguirre Says BCIS Aims To Create Level Playing Field For All Seeking To Become New Americans
During remarks before the Migration Policy Institute, BCIS Director Aguirre said, "The President put his words into action by launching a five-year, $500-million initiative aimed at providing high-quality service to all legal immigrants. It incorporates a universal six-month standard for processing all applications for benefits."

DOL Seeks Comments On 9035
The Department of Labor sought comments on labor condition applications and requirements for employers using nonimmigrants on H-1B visas in specialty occupations and as fashion models.

BALCA Says Alien's Father's Affidavit Does Not Overcome Concern That Employer Is Willing To Accept Lower Qualifications Of Alien
In the Matter of JP Products, No. 2003-INA-133 (BALCA, Aug. 20, 2003), the Board of Alien Labor Certification Appeals said that "it is not inconceivable that a precocious 17 year-old might be qualified for the position [] - but the Alien and Alien's father's affidavits are also obviously self-serving and they simply do not provide adequate proof to negate the Certifying Officer's concern that the Employer was willing to accept the Alien with lower qualifications than were being required of US applicants."

No Asylum Where IJ's Adverse Credibility Interpretation Is Possible
In Krouchevski v. Ashcroft, No. 02-3004 (7th Cir. Sep. 11, 2003), the court said that "although Petitioner's post hoc interpretations of his statements indeed draw consistencies out of apparent discrepancies, his interpretations are not the only ones possible. Those offered by the IJ also appear to be valid..."

Anti-Immigration Group Calls Guest Worker Program Amnesty For The Undocumented
The Arizona Republic reports "An immigration reform group is attacking Arizona Reps. Jeff Flake and Jim Kolbe for introducing a guest-worker proposal that the group characterizes as an amnesty program for undocumented immigrants opposed by the American public."

Sen. Lieberman Supports Legalization
The Sierra Vista Herald of Arizona reports "Looking to make honest people of illegal immigrants who have crossed the border to find work, [Rebecca Lieberman] said her father [Joe Lieberman (D-CT)], supports a program of providing legal status to those who have lived in the US for at least five years, paid taxes and have no criminal records."

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Help Wanted: Academic Program Manager
The University of Southern California Office of International Services (USC) seeks a Program Manager (Director, Faculty/Staff Visa Services) to assist academic, research and service units in the hiring process for nonimmigrants. The ideal candidate will ensure that USC is in full compliance with all relevant state and federal regulations; advise both hiring units and current and prospective nonimmigrant employees on filing procedures; and maintain currency on applicable laws, regulations and filing procedures for alien employment and employment-related permanent residence application. The incumbent will provide advice on university-employment-related immigration matters; interview prospective alien employees as well as employing unit personnel to develop appropriate hiring strategies; and consult with outside legal counsel in complex immigration-related legal matters. A working knowledge of Microsoft Office (including Excel, Word and PowerPoint) and Immigrant Pro is required. Travel to off-campus meetings and conferences will occasionally be required. Minimum Qualifications: Bachelor's degree with 3+ years of directly related professional and supervisory experience in an immigration law practice or a higher education/research institution immigration service office. To apply, go to and begin your application by submitting reference req. #16774 under Search/Apply for a Job. AA/EOE

Help Wanted: Experienced Immigration Attorney
Blumenfeld, Kaplan & Sandweiss, P.C. (BKS), a full-service law firm in St. Louis, MO seeks an associate with 1-3 years of employment-based immigration experience. Experience with immigration issues related to physicians is a big plus. BKS offers a competitive salary and excellent benefits. Send resume + cover letter to Chris Williams, Immigration Law Practice Group, 168 North Meramec Avenue, 4th Floor, Clayton, Missouri 63105. No phone inquiries please.

Help Wanted: Experienced Immigration Paralegal
Kemp Smith LLP, founded in 1866, seeks to hire an experienced paralegal for its business, family, consular, and inspections based immigration practice located in El Paso, TX. Responsibilities include continuous professional interaction with clients, staff, and federal agencies; timely preparation of filings with the Departments of Labor, State, and Homeland Security; and case monitoring. Excellent analytical, organizational, and writing skills are required. Computer and Internet literacy is essential, while Internet research skills are ideal. Proficiency in Word, Powerpoint, and case management software are all a plus. Bachelor's degree or equivalent preferred. Fluency in a second language in either Spanish, Japanese, or German is desired. Please forward your resume to Firm Administrator via e-mail at or fax 915-546-5360.

Help Wanted: Experienced Immigration Paralegal
Goel & Associates, P.C. (G&A) , a leading business immigration law firm, seeks an experienced immigration paralegal to join its fast-paced corporate immigration practice located in Greenbelt, MD. Candidates must have at least one year of business immigration experience, ideally with H-1B, L-1, Labor Certification, and I-140/Adjustment of Status cases for clients in the high tech sector. A college degree, excellent communication and organizational skills, knowledge of PC applications, and the ability to work independently are required. We offer an outstanding work environment and an excellent compensation and benefits package, including a business-casual dress policy, health and dental insurance, 401(K), free parking, and more. To apply, please send resume, cover letter, and salary requirements to, or fax to 301-313-0445.

Help Wanted: Experienced Immigration Attorney
Stoll, Keenon & Park, one of Kentucky's oldest and largest law firms founded in 1897, seeks an experienced business immigration attorney based either in its Lexington or Louisville, Kentucky office. Minimum 2+ years of full-time experience in preparing H-1B, L-1, E-2, TN, labor cert, I-140, and AOS applications is required. Candidate must have a stellar academic record as well as possess excellent research and writing skills. The position requires a highly organized individual who is proficient with case management software. We offer a great working environment and a competitive salary and benefits package. Email resume + cover letter to Denise Wilson, Human Resources Manager at or fax to (859) 253-1093. EOE

Books - 8 CFR, Includes 2003 BCIS Changes
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. For information on our various publications, see here. (A Supplement is provided Free of cost updating the 8 CFR Plus as of June 1, 2003. All BCIS related changes have been included in this Supplement as well as a complete index to ALL 8 CFR Sections updated as of June 1, 2003.)

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Letters to the Editor

Dear Editor:
This refers to Mr. D.D. Murray's comments to the letter of Ms. Elise Hines. Ms. Hines seemed to be very honest and sincere disclosing her husband's actions which were against the law of the US. But, it appears that she was just begging for justice on humanitarian grounds on her husband life. It is very surprising to note that having passed half of his life in the US, Ms. Hines' husband is likely to be deported to his own country (England) is to similar to what the Great Britain used to banish its citizens to this country for their crimes against the British law. It shows that the US is very strict in adhering to its law. Really, I highly appreciate it. But, there are many illegal aliens who are violating our laws by overstaying their visa, are off scot free. It is said that there are millions of illegal people who are working in this country sidelining the US citizens and permanent residents by accepting so low wages which is very far below than the government's declared wages. It is known to all that this has made many US citizens and permanent residents unemployed. Mr. Murray's letter does not seem to have expressed his opinion as to the illegal aliens who are violating the laws of our land by overstaying their visa. Those overstaying their visas should also be deported immediately as Ms. Hines's husband is being deported.

S. Salike

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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