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Immigration Daily February 5, 2004
Previous Issues
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Editor's Comments

2003 BALCA Review

Today's Featured Article is Joel Stewart's review of 2003 BALCA decisions. The article provides a concise overview of the past year's 154 BALCA decisions, divided into the following 5 categories:

  • Procedural defects
  • Rejection of U.S. Workers
  • Bad Faith Recruitment
  • Prevailing Wage
  • Prime Facie Argument and Rebuttals
Joel Stewart is the foremost BALCA scholar in the country and has written on BALCA decisions for more than a decade. For the Featured Article, see here. (Mr. Stewart is a feaured speaker at "Are We All Certifiable?" -- An Insider's Tour Through The Maddening World Of Labor Certification. For more information on this seminar, see here.)


ILW.COM Focus

Curriculum For "Are We All Certifiable?" -- An Insider's Tour Through The Maddening World Of Labor Certification

The loopy challenges of modern-day labor-certification practice have caused U.S. employers and their immigration attorneys to identify with Randle Patrick McMurphy, the all-too-sane character portrayed by Jack Nicholson in the 1975 classic film One Flew Over The Cuckoo's Nest. In today's deranged world of alien labor certifications, rules are announced, then rules are reversed, procedures are proclaimed, and then they morph into alternate incarnations. The inmates in this virtual asylum are chanting in a frenzy, "PERM is coming, PERM is coming"; "Backlog Reduction, Backlog Reduction", but PERM never seems to arrive, and backlogs grow ever larger.

Despite the seeming insanity of the real world practice of labor-certification, foreign workers still clamor for certified ETA-750s, and legal strictures must in all events be honored. Rather than joining the lunatic fringe, shake off your anomie and sign up with ILW.com for a cutting-edge teleconference series exploring best-practices and tried-and-true labor certification solutions.

FIRST Phone Session on February 25:

  • The "Dead-Case Cull" and other Tales from the SWA Backlog.
  • Escaping the Straightjacket of Inflexible Recruiting.
  • Grappling with Ever-Higher Wages in the New OES Prevailing Wage Survey.
  • Order out of Chaos: Preparing a SWA-Friendly Application.
  • Quo Vadis, the SWAs: Is There Life after PERM?

SECOND Phone Session on March 18:

  • Standard vs. RIR processing vs. Holding One's Breath for PERM
  • Recruiting and Filing Today While Preserving Options for PERM
  • Fear-Factor: Managing Employer and Alien Expectations
  • Re-Arranging Deck Chairs on the Titanic?: Regional Processing and Backlog Reduction
  • The Carlson What-If Scenarios: Re-Advertising with Newly Stated, Pre-Existing Requirements

THIRD Phone Session on April 8:

  • BALCA Balking - a Full Contact Sport.
  • We Gotta Get Out of This Place: Labor Certification and Portability Strategies
  • Will Justice Prevail?: Advanced Prevailing Wages Issues - Pre- and Post-PERM.
  • Safely Saying Goodbye: Lawful Grounds for Rejection of U.S. Workers
  • Staying Out of Club Fed: Liberty-Preserving Strategies in This Era of Heightened Enforcement.
The deadline to register is Monday, February 23rd. For more info, including detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/february2004.shtm. (Fax version: http://www.ilw.com/seminars/february2004.pdf.)


Featured Article

2003 BALCA Decision Review
Joel Stewart, Esq. presents an overview of 2003 BALCA decisions.


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: http://www.ilw.com/seminars/

Immigration Law News

No Jurisdiction To Review Agency Decisions On National Interest Waivers
In Zhu v. INS, No. 02-00685 (District Court for the District of Columbia, Jan. 27, 2004), the court said that 8 USC 1252(a)(2)(B)(ii) precluded jurisdiction to review the Attorney General's discretionary decision to deny petitions for waivers of job-offer and labor-certification requirements.

USCIS Employer Bulletin Information On Temporary Religious Workers
The Office of Business Liaison of the USCIS released an employer information bulletin on temporary religious workers.

President Bush's FY 2005 Proposal Seeks To Add Hundreds Of ICE Jobs
Government Executive Magazine reports "Hundreds of new immigration enforcement jobs, including 236 personnel to find aliens that have defied final deportation orders, would be created under President Bush's fiscal 2005 budget proposal."

America's Mixed Message On Immigration
An op-ed in the Seattle Times by Ruben Navarrette Jr. says "So what is it that folks are really worried about - that immigrants won't become an active part of our society, or that they will and in the process change that society?"


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: http://www.ilw.com/membership/

Classifieds

Case Management Technology
VISAPREP offers three services to fit the needs of every immigration law practice. Whether you seek a simple forms program, a case management system, or VisaPrep TotalPractice - a comprehensive system that performs every administrative function in the immigration law process - we have a system for you. VISAPREP, the only immigration law technology created by immigration lawyers, will create efficiencies in every aspect of your immigration law practice. Many immigration technology vendors make promises - VISAPREP delivers. VISAPREP offers top-notch support with no hidden costs. We include unlimited training and support with our standard pricing package, and you'll have 30 days of free use to be sure VISAPREP is the right system for you. You will also receive monthly newsletters and time-sensitive "practice updates" from the VISAPREP team. We pride ourselves on providing superior service along with our technology. Call 866-VISAPREP (866-847-2773) or send an e-mail to freetrial@visaprep.com for information or to schedule a demonstration.

Help Wanted: Immigration Case Manager
The law firm of Paul Hastings and its growing immigration practice seeks an immigration case manager for its Atlanta-based office. Interested candidates with immigration experience or business related working experience, strong organizational skills and communication skills, a high degree of professionalism and the ability to work with a team are part of the criteria for these positions. This position works with the senior attorneys and Office Management to develop and enhance all levels of management and operation in the practice group which will include: client and case management, management of all administrative functions including the billing, facilities, case staffing, client development and development of client services. Responsibilities include: management and supervision for all non-attorney personnel, training and development of all personnel, development of best practices and efficiency means of operations, further development of communication between all levels of personnel, firm management, clients and department are critical for this position. A working understanding of a law firm practice and its operations is critical for this position. Qualifications include: Bachelors degree, prior immigration or business related experience, solid work history and excellent professional references. Paul Hastings offers competitive salary and an excellent benefits package for qualified and selected candidates. Please indicate the job postion sought when submitting your cover letter, resume, salary history and references to paulalauhoff@paulhastings.com.

Help Wanted: Immigration Software Analyst
The law firm of Paul Hastings and its growing immigration practice seeks an immigration software analyst for its Atlanta-based office. Interested candidates with immigration experience or business related working experience, strong organizational skills and communication skills, a hire degree of professionalism and the ability to work with a team are part of the criteria for this positions. This technical position requires tremendous communication/training and user support skills which is then supported by clients and office personnel. The current technical tools include: technical support for Aria, including training and working with the web reporting module and advanced client technical support with intranet and website design, crystal report writing, and packaged software tools that require on a daily basis, support, training, understanding and development. The current web base design and portal will also require day to day development by both clients and firm personnel. A clear understanding of the immigration practice is critical in this position. Technical skills should include: proficient use of various report writing software applications and technical skills, ability to provide on-going training and troubleshooting. Three to five years of technical writing and administering of reporting software. Strong project management sills and the ability to manage multiple projects is required. Paul Hastings offers competitive salary and an excellent benefits package for qualified and selected candidates. Please indicate the job postion sought when submitting your cover letter, resume, salary history and references to paulalauhoff@paulhastings.com.

Help Wanted: Paralegal
The law firm of Paul Hastings and its growing immigration practice seeks an immigration paralegal for its Atlanta-based office. Interested candidates with immigration experience or business related working experience, strong organizational skills and communication skills, a hire degree of professionalism and the ability to work with a team are part of the criteria for these positions. This position works directly with the attorneys within the practice group and is a highly responsible administrative and paralegal position. Interested candidates must have a proven track record of attention to detail, dependability, ability to work independently and to meet critical deadlines. Communication with clients and office personnel are a major part of this position. Responsibilities include: sensitivity to the efficiency needs of a practice group while being supportive of the clients billing and collections. Approximately 25% of this position is working with the administrative functions of billing, case management, reporting to clients and the ability to compile, provide and discuss billing information. Prior immigration and/or practice support experience is a requirement for this position. Qualifications include: Bachelors degree, prior immigration or business related experience, solid work history and excellent professional resources. Paul Hastings offers competitive salary and an excellent benefits package for qualified and selected candidates. Please indicate the job postion sought when submitting your cover letter, resume, salary history and references to paulalauhoff@paulhastings.com.

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

Dear Editor:
Thanks for publishing An Unlikely Fit: Will Long-Term Residents Apply for A Temporary Status?. As a leader in my American church and community, I know some couples that have been here for more than 18 years with children that soon will become 21 years old and be able to sponsor their parents as long there is a law that allow it. They paid for their education, worked in all kind of odd jobs to provide for their family, always paying taxes, and never did need the government as many xenophobes preach. For me they behave better than many Americans living here for many generations, which have our freedom for granted. Instead of painting the immigrants in our country as criminals, we need to know that many of them were forced to come here by themselves, without the government help because the immigration system does not work, and they had to flee the dictatorship in their countries. Therefore their answer for president Bush proposal is: "Thanks Mr. President, but there will be a better and more humane opportunity for us as a recognition for our hardwork and love for the USA and the American family we proudly formed". Thanks for clarifying in your editorial the percentage that the government use to pay for immigration fees, and what is the real intention of raising the immigration fees by an average of U$55.00. I can see clearly that this raise will not diminish the backlog if the true intention of the government is to replace the subsidy that it does today. It will indeed just complicate the process that is already very complicated.

M. Schwartz

Dear Editor:
I am a certified Immigration & Nationality attorney in California with over 30 years experience. Amnesty was granted in 1986 to millions of illegal immigrants in exchange for the right of the US government to require employers to hire only legally authorized persons to work in the US, i.e., a green card holder, US citizen, or an alien that has work authorization, such as in a political asylum approved case. The USCIS is not enforcing the law to require employers to hire only legal immigrants. The ICE is not enforcing the law nor did its predecessor. I-9 forms and the other documentation should be reviewed. It is true that the illegal immigrants have depressed wages in California and other parts of the county. However, if USCIS picks up the illegal immigrants that are employed by employers, without legal authorization to work, and fine the employers for such employees, it would probably stop a lot of illegal immigration. It is also my experience that illegal workers after obtaining lawful permanent residence don't want to work for minimum wages. Therefore, we don't need unskilled workers. The US laborers can do unskilled labor if they are paid a living wage. $6.75 per hour is too little. Illegal immigrants should be given an opportunity to apply for a labor certification that can qualify. Then they should be able to apply for 3rd Preference and Adjustment of Status. However, the DOL and the California EDD would have to speed up their procedures. The present procedure takes 3 years or more. By the time labor certification can be granted, the employee is no longer working there. The DOL and the California EDD should charge for their services to process Labor Certifications so that the government can hire more people to process these cases. 245(i) should be renewed, to allow for persons with approved EB-3rd Preference to adjust to lawful permanent residence.

Wellington Y. Kwan

Dear Editor:
I'm writing in response to Mr. Siskind's article on DHHS new waiver program. Our group specializes in physician waivers as well and have one of the 43 DHHS petitions filed. We had the good fortune to file before the new rules, or we would be out of luck. I agree with Mr. Siskind's analysis. My most heartfelt case is a nephrologist (kidney disease). This fine doctor is a specialist who can find no means to stay in the US (where 2 of his 4 children were born) other than a hardship waiver. This is a doctor that works 80 hours a week with dialysis patients, many of whom are sick and dying. The community (whom he served for 8 years while completing his specialty) is in dire need of him, desperately wants him, yet he can not stay. He waits in another country while his petition slowly moves through the pipeline. This is one of the finest gentleman you could know - caring, kind, and passionate for his work. He would make a real contribution to our society. It's a shame that businessmen and students have more immigration alternatives than this hardworking group. Thank you, ILW.COM for allowing me to express my opinion.

Kolette C. Kresses-Piasecki, Attorney at Law
Niagara Falls, NY

Dear Editor:
The headline "Lawsuit Against Walmart Alleges Undocumented Workers Locked Up Overnight" incorrectly tied to a story about misinformation regarding Bush 'proposal'.

Luis F.B. Plascencia

Editor's Note: We thank our eagle-eyed reader from bringing this to our attention. The headline has been corrected.

Dear Editor:
As our fore fathers and brothers, and grandparents before us had to go thru the process of immigration so must those south of the border, if you're an immigration worker, I figure that means planting corn, beans, oranges and etc. not cutting grass, trees, shrubs, or washing dishes. When winter comes and all is dormant( i.e. trees,grass,corn is harvested, etc.) they should go home and let our kids make money during the holidays. It must be good and lawful for all and not for some.

Name Not Provided


An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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