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Immigration Daily December 6, 2004
Previous Issues
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Comment

Publishing Convention

Consistent with newspaper and magazine practice in the US, Immigration Daily ships issues dated the next business day. For example, this issue, being emailed on December 3, 2004 carries a date of December 6, 2004. Most daily newspapers in the US including special subject newspapers for particular industries follow the same time honored convention. We are mindful that the electronic medium is a new one and that perhaps this convention may need to be changed in the future. We will remain open to our readers' opinions on this issue and also remain alert to online industry practice on this matter.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

PERM Softly Creeping: Backlog Reduction, Regional Processing And Other Troubling Sounds Of Silence

For years now, U.S. employers and immigration lawyers have been waiting in fearful anticipation. Apprehensively, we anticipate the oft-promised, long-delayed arrival of the Labor Department's PERM regulation - the new "streamlined' regime governing U.S. labor-market testing.

While "mum's [still] the word" on the contents of PERM, or even the confirmed date of its publication, other profound developments will soon transform labor certification practice. These significant changes loom on the immediate horizon

  • Two "BRCs" (Backlog Reduction Centers) have been established in Dallas and Philadelphia.
  • Mildewed cases filed years ago are now being trucked from the State Workforce Agencies to the BRCs, reportedly for "first-in, first-out" processing.
  • The Alien Employment Certification staff at the SWAs have been assigned other duties or given pink slips.
  • SWAs will no longer process labor certifications but merely provide prevailing wage determinations.
  • Non-Government Contractors operating under a performance agreement have two years to plough through the backlog.
  • Whether or not PERM arrives before year-end as promised, starting no later than March, 2005 ALL applications must be filed and adjudicated at the two NPCs (National Processing Centers).
  • Meantime, the State Department predicts a retrogression of priority dates in January, and immigration attorneys and employers must decide on strategies for today's cases.
Urgent questions arise but the government to date has responded only with the sounds of silence:

  • Is "Reduction in Recruitment" still a viable strategy?
  • Can we afford to await the time required for pre-filing recruitment?
  • Will "Traditional" labor certification cases be processed more quickly than the RIRs in light of the new backlog-reduction initiatives?
  • How long will be the after-life of "business necessity", "experience gained with an affiliated employer abroad" and other common-law enhancements to labor-certification practice?
  • Will the Labor Department's new fraud-prevention measures unfairly entangle and delay legitimate cases?
  • How should we prepare our submissions so that newly-trained contractors do not wrongly reject or deny applications?
  • What can be done to challenge inflated prevailing-wage determinations once the 95% rule is history?
  • How do we best position our cases to allow conversion or upgrading to the new PERM process?

In this newest tele-seminar, PERM Softly Creeping: Backlog Reduction, Regional Processing And Other Troubling Sounds Of Silence, ILW.COM is pleased to present the nation's leading experts who will provide up-to-the-minute information and suggested practice strategies.

Because PERM rules could be published at any time, however, the program agenda and the content of the sessions will be adjusted to accommodate an in-depth analysis of the final PERM rule as soon as the PERM rule is published.

FIRST Phone Session on December 16th: Detailed agenda will be adjusted as necessary.

SECOND Phone Session on January 10th: Detailed agenda will be adjusted as necessary.

THIRD Phone Session on February 10th: Detailed agenda will be adjusted as necessary.

The deadline to sign up is Tuesday, December 14th. For more info, detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/december2004.shtm. (Fax version: http://www.ilw.com/seminars/december2004.pdf.)


Article

Asylum Resource Series: Nicaragua
USCIS Asylum Resource Information Center offers asylum information on Nicaragua.


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/

News

I-9 Electronic Signatures Public Law 108-390
Public Law 108-390 allows employers to complete and save I-9 records electronically.

USCIS Says Target Cycle Times Met In 9 Of 13 Application Types For 3rd Quarter, FY 2004
The USCIS released its Backlog Elimination Plan 3rd Quarter update for Fiscal Year 2004 and announced that the target cycle times for FY 2004 have been met or exceeded in 9 of the 13 applications types tracked in the Backlog Elimination Plan.


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

Help Wanted: Immigration Attorney
Anthony Olson, P.A., an immigration law firm in Sarasota, FL, specializing in employment- and family-based immigration law seeks experienced immigration attorney. Preferably 2+ years of experience in employment-based immigration, particularly with labor certs, EB-1, E, H, L, O, P visas. Foreign language skills preferred, especially Spanish or German. Friendly and flexible working conditions with a competitive benefits package. Applicants must be conscientious, self-reliant, detail-oriented, and well-organized. Salary is commensurate with experience. Submit resume to Tony by fax at 941-362-7107 or by email to tony@immigrationvisausa.com.

Help Wanted: Immigration Attorney
Ronald W. Freeman, P.C. is an employment-based immigration law firm located in downtown New York City with a diverse corporate client base, including numerous Japanese companies. We are looking for an experienced attorney fluent in both Japanese and English to join our team. Must have experience in nonimmigrant business visas and other business-related immigration matters. Strong communication (written & verbal) and case management skills required. Email resume & salary requirements in confidence to jobposting@rwfpc.com.

Help Wanted: Immigration Attorney
Tired of the cold? Why not join us in sunny Arizona, 20 minutes from downtown Phoenix? Employment-based firm with Fortune 500 clientele seeks a full-time lawyer to join our team. Must have at least two years employment immigration experience, excellent research and writing skills, and an exceptional client service approach. Experience with J-1 waiver/NIW physician cases a plus. Excellent salary and benefits including health, dental, vision, long and short term disability, retirement benefits, and paid AILA conferences. Arizona offers year-round hiking, camping, boating, professional sports and the Grand Canyon. Email cover letter with resume + salary requirements to Theresa M. Talbert: ttalbert@breljelaw.com.

Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity to join our dynamic team in the law and corporate affairs department in Redmond, Washington. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your response in Word format to resume@microsoft.com. Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.

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 services/products of use in your law practice please click here


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred).

Dear Editor:
I write to commend Representative Sheila Jackson Lee for her article entitled "Why is the Department of Homeland Security Determined to deport Malik Jarno?". Through profiling DHS' pursuit of a mentally retarded orphan, Congresswoman Jackson Lee has made the case for why Congress should exercise its authority to provide close oversight over DHS' policies, procedures and operations. In the absence of effective oversight, DHS' unfettered power can easily be abused towards individuals such as Malik. In Malik's case, it appears from the Congresswoman's article that DHS have crossed a line and have forced Malik into a Kafkaesque situation. They badgered Malik's witnesses from testifying while not producing their own witnesses necessary to explain the naked contradictions in their evidence. For example, how can DHS at one point dismiss Malik's identity based on their overseas investigation to Guinea into his birth certificate but at another point assert Malik's identity based on the same birth certificate to Guinean officials? In our democracy, as an executive branch agency, DHS must remain accountable to Congress and the people for their actions. I thank Congresswoman Jackson Lee for reminding us of this lesson. Let us hope that Malik and other unaccompanied children who seek asylum are dealt with in more humane manner in the future.

T. Block

Dear Editor:
In response to the inquiry of ex-immigration officer, Larry, I too, have been perplexed by the never-ending procession of immigration acronyms. Understandably, Larry was unfamiliar with the acronyms PERM and SSW, because these are not immigration service, but Department of Labor, acronyms. Since immigration law is a multi-agency practice, spanning DHS (Department of Homeland Security), DOL (Department of Labor), and DOS (Department of State) it is indeed very difficult to keep up with the ever-increasing stream of government acronyms. Immigration Daily previously carried a .pdf file of immigration acronyms. Perhaps Immigration Daily could further research the acronyms of DOL and DOS, and publish them for the convenience of all readers. With these three acronym lists, even immigration novices will be better prepared to go out and slay the three headed dragon.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I am pleased to announce that my office filed a Declaratory Relief Complaint agst USCIS, Ashcroft, DHS, and Yates on Nov 29 after the CIS denied adjustment of status to my client, Jiffy Javellana because his wife is a post-op transsexual, (m-f). Although her natz and U.S. passport say "female", the CIS refuses to recognize their marriage. Since Jiffy came to the US on a K-1 visa their is no I-130 denial and the only avenue for appeal is the Declaratory Relief Action. This is the first Federal lawsuit in this area. Government reply is due Jan. 29.

Philip Abramowitz
Sherman Oaks, California

Dear Editor:
For some reason, I am getting the Immigration Daily in triplicate. While I value it highly, I donít need three copies and would appreciate your help in seeing that I only get one a day.

Denise C. Hammond
N. Potomac, MD

Editor's Note: We looked into this issue and only found one issue being send to you. Perhaps you have subscribed to Immigration Daily using three different email addresses. Or there may be a Outlook rule that is causing the triplication. We suggest that you take this matter up with your network admin. If your network admin needs our assistance, please have him/her send an email to webmaster@ilw.com.

Dear Editor:
The latest Senate engrossed version of the intelligence reform bills now contain provisions that did not even exist in the house version HR 10. In effect this version is worse than the original House version in its anti-immigrant and xenophobic policies. Sec. 3006: The EAH version adds "a domestically issued document that the Secretary of Homeland Security designates as reliable for this purpose and that cannot be issued to an alien unlawfully present in the United States[.]" This verbiage will effectively pressure all state DMVs into issuing no IDs or licenses to undocumented immigrants and non-immigrant visitors/temporary residents (or the IDs/DLs from that entire state will become useless for federal purposes). Sec. 3052 (a) (1): "Beginning 3 years after the date of the enactment of this Act, a Federal agency may not accept, for any official purpose, a driver's license or identification card issued by a State to any person unless the State is meeting the requirements of this section." -- Same effects as Sec. 3006. Sec. 3052 (c) (2) (B): "Evidence of legal status- A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person..." - This is new in this version, not even part of the House version. Apparently this part has been sneaked in by the conferrees without being taken to the floor. Sec. 3052 (c) (2) (C), also new here, provides for so-called "temporary" identification cards (valid for one year or until the expiration of visa). The temporary card would be clearly marked "Temporary" possibly causing discriminatory treatments in various places. This provision also makes it impossible for state governments to issue identification or driving license to those who are either undocumented or their immigration statuses are in "limbo." Sec. 3052 (c) (4) (B): "The State shall not accept any foreign document, other than an official passport..." - the infamous anti-matricula measure. And here is the bombshell: Sec. 3052 (c) (4) (C): "Not later than September 11, 2005, the State shall enter into a memorandum of understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-664), to verify the legal presence status of a person, other than a United States citizen, applying for a driver's license or identification card." Apart from the undue and unconstitutional federal interference on the internal matters of the sovereign state, this paragraph means that all applications for driving licenses and state ID cards will be entered in the database maintained by the U.S. Immigration and Customs Enforcement (ICE). This will clearly open doors for racial profiling (causing DMV employees to turn in the names and information of any "Mexican" or "Arab" looking people into the ICE computer system), and create thousands of scenarios similar to what happened recently in the state of New York, in which someone who applied for renewal of her driving license were three days later arrested by ICE agents.

Sarah-Andrea Morrigan
Marylhurst, Oregon


comingsNgoings

Readers can share their professional announcements (100-words or less at no charge), email: editor@ilw.com.

New Offices
Azulay, Horn & Seiden, LLC is pleased to announce the opening of its newest location in Tampa, Florida, headed by Kathryn E. Reeves. The office is located at 4505 Woodland Corporate Blvd., Suite 100, Tampa, Florida 33614. Ph: 813.600.5113 Main: 312.832.9200 Fx: 312.363.6167. The firm handles all matters that arise related to the ever-changing world of immigration law and counsels its clients in the areas of litigation, criminal law, family law and general business.


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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

© Copyright 1999-2004 American Immigration LLC, ILW.COM


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