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Immigration Daily

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Immigration Daily December 18, 2003
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Editor's Comments

Labor Certification Overhaul

The Department of Labor, Employment and Training Administration (DOL/ETA) recently solicited proposals to select a contractor to provide operations support to ETA's Division of Foreign Labor Certification in order to eliminate the current backlog. The Request for Proposal sheds insight into the changes that lay ahead in the Division of Foreign Labor Certification, including:

  • The type of support anticipated are two fully staffed facilities or application processing centers on a national scale. The ultimate size of the centers will be contingent upon the amount of resources included in the Departments FY 04 budget approved by Congress.
  • The current size of the national backlog approximates 300,000 applications. Because of this large backlog, the Permanent Labor Certification program has been identified in the President's "Blueprint for a New Beginning as a program seriously in need of improvement. To address this concern, a major restructuring of the certification process will be implemented with the introduction of the Program Electronic Review Management System (PERM) during the first part of calendar year 2004. However, the backlog of applications filed under current regulations must still be processed under the old rules and within the existing system.
  • The pork-laden appropriations bills which Congress failed to pass this year include even more funding for the labor certification backlog reduction than the President's original request. Thus, it is very likely that very early next year, DOL will finally get a sufficient sum of money ($100 million plus) to eliminate the massive backlog. However, there are many points here that attorneys may want to note. The new process contemplated by DOL envisages what amounts to a "service center" concept, the first time that such a concept will be applied to a labor cert program. In states like California and New York, attorneys will have to re-evaluate their labor cert strategies since "regular labor certification" may no longer have a horrendous backlog in 2005. There may be another lesson to be drawn here - it pays to seek a benefit. Faced with unprecedented filings as result of 245(i), Congress ultimately, if belatedly, is about to appropriate the money necessary to process the deluge of applications.

    We are sure to see major developments in labor certs in 2004. For the request for proposal in full, see below.

    ILW.COM Focus

    Free Workshop For Immigration Lawyers By Attorney/Designer

    Attorneys listed in ILW.COM's directory of immigration lawyers can now participate in telephonic workshops focusing on efficient marketing of their practices online, and effective integration of their ILW.COM presence with their online and offline marketing efforts. Other aspects of Law Practice Management are also covered in these telephonic workshops which are offered free of charge to members in good standing of ILW.COM's directory of immigration attorneys. The next telephonic workshop will be from 1.15pm ET to 2pm ET on Tuesday, December 30th. Those interested in participating should send a request for registration to The Featured Speaker for the December 30th workshop will be Peter Boyd, who is an attorney and a web-designer. Some of his articles are:

    Featured Article

    Nurse-Patient Staffing Ratios Affecting RN Recruitment
    Carl Shusterman writes "However, one promising source of foreign-born nurses is being tapped by California hospitals. RNs who are Canadian citizens are able to obtain Trade NAFTA (TN) status to work in the US in as little as one day."

    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

    Procedures For Going Off-Record During Immigration Proceedings
    The Office of the Chief Immigration Judge of the Executive Office for Immigration Review of the Department of Justice released Operating Policies and Procedures Memorandum 03-06: Procedures for Going Off-Record During Proceedings (thanks to Dan Kowalski, Editor-in-Chief of Bender's Immigration Bulletin)

    DOL/ETA Seeks RFPs For Labor Certification Applications
    The Department of Labor, Employment and Training Administration (DOL/ETA) sought requests for proposals to select a contractor to provide operations to support the ETA's Division of Foreign Labor Certification with the creation of two fully staffed facilities. This document includes the five amendments to the RFP.

    Dallas Immigration Attorney's Law License Is Suspended
    The Houston Chronicle reports "A Dallas defense attorney has received a three-year suspension of her law license from the State Bar of Texas in a lawsuit settlement."

    40 Suspected Illegal Workers Taken Into Custody
    The Bradenton Herald of Florida reports "More than 40 suspected illegal workers were taken into custody Tuesday after federal immigration agents intercepted the barge they were on as they headed to construction sites on upscale Fisher Island."

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    Help Wanted: Experienced Immigration Specialists/Paralegals
    Greenberg Traurig, a large international law firm, has openings in its Tysons Corner, VA office for experienced immigration specialists/paralegals. Positions require a Bachelors degree and a minimum 2+ yrs of experience in the immigration field. Strong organizational, written, computer and verbal skills are required. Fluency in Spanish preferred. Excellent benefits and compensation package offered. Send resume + cover letter, including salary requirements by (fax) 703-714-8378 or (email)

    J-1 Training Visa Sponsor
    Discover the ease and flexibility of the J-1 training visa with Aiesec United States. At Aiesec, we provide an unparalleled commitment to customer service, offering 24 to 48 hour turnaround on approved J-1 training visa applications, free consultation on potential training programs and a wealth of information about J-1 training visa regulations. We also offer logistical and cultural reception services in several locations across the country. Our J-1 training visa can be used for individuals to participate in training programs in the following fields: Information Media and Communications, Education, Social Sciences, Library Science, Counseling and Social Services, Management, Business, Commerce and Finance, The Sciences, Engineering, Architecture, Mathematics and Industrial Occupations, Public Administration and Law. You can learn more about Aiesec and the J-1 training visa at or by calling Jim Kelly at (212) 757-3774 ext.222.

    Help Wanted: Experienced Paralegals
    The Law Offices of Bernard P. Wolfsdorf seek to hire experienced paralegals for its South Bay, Southern CA office and New York, NY offices. Bachelor's degree required. Ideal candidates should have experience with all aspects of business immigration. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (RIR and traditional), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Paralegals will manage caseloads with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Applicants should submit resume + cover letter to specific desired location: South Bay applicants: fax Michele Buchanan at 310-540-3147 or email to; New York applicants: fax Frieda Wong at 212-899-5041 or email to The Law Offices of Bernard P. Wolfsdorf is an equal opportunity employer.

    Case Management Technology
    Do you want to grow your immigration business in today's market? If so, let Emaximm help. Successful attorneys invest in the best technology to run their practice, so they can maximize the use of their time. Emaximm technology uses automation and easy to use tools that allow immigration attorneys to maximize their resources and improve profitability. Just enter a sample case in Emaximm and have your prospects and clients log into their client center for instant status and dialogue with your firm. No hidden costs, no setup fees, no per case fee, free phone support. Best of breed technology for a simple price tag. Test it out. You'll find it will be your smartest immigration tool. Visit our website at: to sign up for a test drive. For more information, email us at or call us at either one of our locations: Michigan: (248) 844-1200 x 204 or New Jersey: (732) 423-5159.

    Case Management Technology
    ImmigrationWorks is the solution to all your immigration case management problems. ImmigrationWorks is an integrated solution that includes all immigration forms and case management features and allows your immigration firm to automate the entire documentation process. Available in either Internet version (ASP Model) or Intranet (in-house) version, ImmigrationWorks provides a secure environment and the ability to network multiple offices remotely. ImmigrationWorks is a web-based immigration case management solution providing 24/7 secure direct access to cases anywhere with an internet connection. Our solution can be used for all your clients, regardless of whether your case volume is large or small. Best of all, our easy to use, intuitive interface requires minimum training. For more information, contact us at: 1-800-350-4727,, or visit our website at

    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
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    Letters to the Editor

    Dear Editor:
    I just wanted to correct an error in Chucky's letter to the Editor. I do believe that most of the 9/11 hijackers were in status on valid visas or otherwise and not illegals. Only a couple were in violation of the immigration laws. It seems to me that people who are against some sort of program that will bring out of hiding a large amount of undocumented people living in our country in violation of immigration laws are really only aiding the threat to our country. If the non-dangerous types were allowed some sort of temporary work permit or something like that and they came out of hiding, we could put them in the system and we would know who and where they are, then the DHS could focus its extraordinarily limited resources on tracking down those that remained as well as monitoring those who are known. As it now stands there is no incentive to come out of hiding if you are here illegally and there is no possibility at all that the ICE or the DHS could track down and apprehend everyone who is here without status.

    Justin Randolph, Esq.
    Chicago, IL

    Dear Editor:
    My Name is Eli Chairez Clendenin, at the age of twelve I was told by my prominent immigration and adoption lawyer that if I wanted my citizenship we would have to say to them that we just got you' when in fact I had been here in the States and enrolled in Jefferson County Public Schools and it is documented from as far back as 1975. There is a trail of evidence and I have been trying to break my silence for a very long time to say hey wait, there's something terribly wrong here. A few facts: I have been employed with about 5 "others" to do landscape the yard of an FBI/Terrorist Investigator and at the home of a 30 year Narcotics detective to work around his home as well. I have been the whistleblower on this and more for a long time. I would estimate at least 15-20 years. I was also smuggled illegally across the Mexican border. And then just allowed to go with strangers I had never before in my life met. How can this go unnoticed? I had no way to go to the authorities then, I was approximately 4 years old, and these people had befriended people back then in Church who later would become Denver Police Officers, and it all has been horrific.

    Eli Chairez

    Dear Editor:
    Finally, an admission from our government that we must address the enormous problem of the conservatively estimated 8 million illegal aliens that are presently in our country. Let's hope that some concrete legislation will be passed in 2004 that will afford these people some sort of legal worker status in the US. And to Chucky, what's your solution to this problem? Deport them all? Who do you think puts vegetables on your table, cuts your lawn, and buses your table when you dine out? And just as importantly, who do you think would fill these jobs when we round them all up and ship them back to their countries?

    Lynne Barrows

    Dear Editor:
    The following press release was issued by Nachman & Associates, P.C.

    David H. Nachman
    Nachman & Associates, P.C.

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