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Immigration Daily October 16, 2003
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Editor's Comments

Many Items

Today's issue of Immigration Daily features many items of interest: An article by Sardar Durrani discusses the interplay between labor law and immigration law as it applies to F-1 students; 2 employer bulletins issued by BCIS; 2 BALCA decisions; and 4 classified advertisements - including two for help wanted, and one for a business opportunity. Please scroll down to find the item of interest to you.


Seminar On Nurses

ILW.COM's new telephonic seminar "Current Issues In Immigration For Nurses And Other Healthcare Professionals (PTs/OTs/MTs/MLTs/SLPs-As/Physician Assistants)" is organized in cooperation with CGFNS (Commission on Graduates of Foreign Nursing Schools). The intent of the 3 sessions of this seminar series is to cover the subject holistically, from several approaches.

The September 30 session covered immigration law issues, including BCIS and VisaScreen issues. The speakers were distinguished practioners in this sub-specialty of immigration law.
The October 23 session will cover employment issues. The speakers will represent major healthcare organizations, including John Hopkins and Massachusetts General.
The November 24 session will cover state licensure and consular processing issues. The speakers will be representatives of State licensing boards and at least one expert in consular processing matters.

The seminar series is designed to be useful to immigration practitioners, recruiters, employers, and other interested parties - we believe that it will materially assist all those with a serious interest in Nurses and other health professions.

The deadline to register is Tuesday, October 21st. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

F-1 Visa Holders: SEVIS, Regulations, And Union Affiliations
Sardar Durrani writes on the overlap between labor law and immigration law as it affects F-1 visa holders, including a detailed discussion of 8 CFR 214.2(f)(14).

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

BCIS Bulletin On I-9 Document Review
The Office of Business Liaison of the BCIS issued an Employer Information Bulletin on I-9 Document Review.

BCIS Bulletin On P Visas
The Office of Business Liaison of the BCIS issued an Employer Information Bulletin on P Visas.

National Security Advisor Answers Queries On Mexican Immigration Discussions
National Security Advisor Rice answered questions concerning discussions between the Administration and Mexico on immigration.

BALCA Reiterates That Denial Of Certification On Purely Technical Grounds Is Disfavored
In the Matter of Lapp, Inc, No. 2002-INA-122 (BALCA, Sep. 9, 2003), the Board of Alien Labor Certification Appeals reiterated its long standing disfavor of denial of labor certification on purely technical grounds. The Employer in this case had properly and timely sent its rebuttal to the correct reviewing agency, but had inadvertently addressed it to Sacremento, California rather than San Francisco, California, and the record reflected that the Employer attempted to rectify its mistake promptly by immediately resending the rebuttal with documentation of its timely attempt.

BALCA Says US Applicant With Landscaping Business Has No Conflict Of Interest With Employer For Landscaper Job
In the Matter of Anastasi Development Corp, No. 2002-INA-191 (BALCA, Sep. 8, 2003), the Board of Alien Labor Certification Appeals said that there would be no direct conflict of interest between the Employer, a real estate developer who had sought certification for a landscaper, and a US applicant who had a long-standing landscaping business.

IJ's Credibility Findings On Alleged Russian Anti-Semitic Incidents Not Substantially Unreasonable
In Moskalev v. Ashcroft, No. 02-9556 (10th Cir. Oct. 14, 2003), the court determined that it could not say that the IJ's credibility findings were substantially unreasonable. The IJ had concluded that the Petitioners distorted the record by attributing anti-Semitic motives to incidents in Russia which did not have racial or ethnic overtones.

Consensus Emerging In DC On Massive Legalization Program
In an op-ed column in the Los Angeles Times, Tamar Jacoby at the Manhattan Institute writes "The U.S. needs these laborers. The work they do is essential to our prosperity our need will only expand in the decades to come. As the labor force grows older and more middle class, citizens will be even less willing to work as busboys and in the fields. And no serious political thinker believes it makes sense to deport the millions of these laborers already here that's a nonstarter for both economic and humanitarian reasons. Either immigrant workers will come illegally and live underground a vast black market for labor with all the problems that creates for them and the communities they settle in or we can regularize and regulate the flow, for their benefit and ours."

Undocumented In Maryland Can Get Driver's Licence
The Washington Times reports on an opinion by Maryland's attorney general which makes it possible for undocumented aliens to get driver's licenses.

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:


Help Wanted: Jr. & Sr. Immigration Attorneys And Paralegals/Legal Assistants
HirsonWexlerPerl, a national business immigration law firm seeks career minded lawyers and paralegals/legal assistants for its Newport Beach, San Diego, Connecticut and New York offices. Attorney candidates should possess excellent academic credentials, be a team player, have strong interpersonal skills, managerial and leadership qualities, be service-oriented, a team player, and thrive in a fast-paced environment. Paralegal/legal assistant candidates should have experience with H-1, L-1, O-1 & E-1/2. Extraordinary ability petitions and RIR preferred. BS degree desired. Top organizational and interpersonal skills, excellent writing skills, computer literacy, ability to handle and prioritize a varied case load are required. Salary is commensurate with experience for both positions. 401(k), medical, dental, optical. Please send resume + cover letter in confidence to EOE.

Help Wanted: Immigration Position Opening
Associate Global Visa Coordinator, sought by Global Visa Solutions, a global immigration practice in Newport Beach, CA has an exciting, unique opportunity for the candidate with the following skills: ability to work independently in a fast-paced environment, detail-oriented, anticipates clients' needs & expectations, service-oriented, quick thinking, explain complex thoughts in a simple manner, manage a process & have personality. Our ideal candidate is open to learning new processes and is comfortable not knowing all the answers all the time. Fluency in additional languages is invaluable. We offer a collegial work environment, health benefits, 401k plan participation after 12 months, opportunity to interact daily with individuals from different countries & cultures and in-house training. Send resume + cover letter in confidence to

Immigration Practice Business Opportunity
Central NJ Business Immigration law firm seeks experienced immigration practitioner with established practice concentrating in deportation and related matters for a mutually beneficial financial arrangement. Contact us by email:

Immigration Daily CD-ROM
Our CD-ROM has 3 years of immigration law material from the Immigration Daily archives with a powerful, easy-to-use search engine. You can find articles, letters to the Editor, cases, Federal Register announcements, INS memoranda, and more. This CD-ROM gives you the convenience of having 3 entire years of the Immigration Daily archives on your computer - no need to worry about long download times for large documents from the internet. To place your order, see:

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

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

None today.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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