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Immigration Daily January 12, 2006
Previous Issues
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Comment

Many Swallows, Spring Is Here

Attorney General Gonzalez recently issued two memos admonishing both Immigration Judges and the BIA, excerpts follow:

"... While I remain convinced that most immigration judges ably and professionally discharge their difficult duties, I believe there are some whose conduct can aptly be described as intemperate or even abusive and whose work must improve." ...
" ... Not all [aliens] will be entitled to the relief they seek. But I insist that they be treated with courtesy and respect. Anything less would demean the office that you hold and the Department in which you serve." ...
AG Gonzalez has initiated a comprehensive review of the immigration courts, including the Board of Immigration Appeals' procedures. We commend Attorney General Gonzalez for taking the first step in addressing the problems with AWO, an issue Immigration Daily highlighted in mid-2003 and revisited many, many times thereafter.

In El Moraghy v. Ashcroft, No. 02-2606 (1st Cir., Jun. 12, 2003), the court remarked that one swallow does not make a spring. The 7th Circuit, amongst others, has now served notice that the number of swallows is so large that spring is definitely here. We are confident that the AWO procedure will not survive, at least in its present form, and that this marks the beginning of the end of affirmance without opinion and by extension, a beginning of a reduction in the unjust burden on the Federal Circuit Courts.

The war against al-Qaeda has served as an excuse for some in the Federal gov't to mistreat immigrants in general. Those who engage in this behavior forget that it is impossible to prevent harm to US citizens and institutions in the process. Attorney General Gonzalez's recent memo shows that our system of checks and balances works, given enough time.

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


Focus

Latest In Nurse Immigration (In Cooperation With CGFNS)

ILW.COM is pleased to announce a new 3-part teleconference on the Latest In Nurse Immigration (In Cooperation With CGFNS). The curriculum is as follows:

FIRST Phone Session on Jan 26, 2006: DOL & DHS Issues

  • PERM: What are the requirements? Is the PERM system working? Is the Dept. of Labor meeting the estimated processing times?
  • RETROGRESSION: Who is affected? What's the impact on cases? How long will retrogression last? Is there hope for a legislative solution to retrogression?
  • SCHEDULE A: who qualifies? What documentation is required?
  • LICENSURE AND CREDENTIALING: What's the difference between professional licensure and visa certification? Which occupations require Section 343 certification? When does a foreign national need a section 343 certification?
  • WORKING WITH NEW REQUIREMENTS: What's required with the "in-house" media posting? How can one challenge prevailing wages? How to meet the filing deadlines before prevailing wage determinations expires?
  • STAFFING COMPANIES: How to address ability to pay issues? What is necessary to show "permanent" nature of the job? Where to place the internal posting for "roving employees"?

SECOND Phone Session on Feb 16, 2006: Non-Nurse Occupations

  • IMMIGRATION OPTIONS: Which occupations qualify for schedule A? Which occupations qualify for H-1b? Which occupations qualify for TN under NAFTA?
  • LICENSURE AND VISA CREDENTIALING: Which occupations require a license? Which occupations require section 343 healthcare certificate? At what point in the immigration process is a license required? At what point in the immigration process is a healthcare certificate required?
  • DEFINING THE OCCUPATION: What is meant by "professional nurse" for Schedule A purposes? What constitutes a clinical laboratory scientist? What's the difference between medical technologist and medical technician? Can a foreign educated physician qualify for an occupational visa?
  • DEALING WITH DEADLINES AND LIMITS: What's the status on the H-1b cap? Which employers are exempt from the H-1b cap? Which foreign nationals are exempt from the H-1b cap? Who is affected by visa retrogression? What alternatives are available for those affected by visa retrogression?

THIRD Phone Session on Mar 9, 2006: Consular Issues

  • PREPARING FOR THE INTERVIEW: What documentation is required? Does the foreign national need a current letter from the employer? What to do when the consulate is asking for the wage the foreign national will be paid during the time the foreign national enters the U.S. but before licensed?
  • CHANGES DURING THE APPLICATION PROCESS: How to add new family members (a recent spouse or new baby) to the process after the interview has been scheduled? How to change consulates in the case of relocation to another country?
  • EXPEDITING THE INTERVIEW: Is there any way to get an earlier interview date? What happens if a child is turning 21 years old before the interview date?
The deadline to sign up is Tuesday, January 24th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/january2006.shtm. (Fax version: http://www.ilw.com/seminars/january2006.pdf.)


Article

VAWA 2005 Immigration Provisions
Joanne Lin and Leslye Orloff of Legal Momentum detail the 2005 provisions of the Violence Against Womens' Act, enacted into law by President Bush on January 5, 2006.


News

VAWA Becomes Law
The Violence Against Women and Department of Justice Reauthorization Act of 2005 was signed into law by President Bush on Jan. 5, 2006, PL 109-162.


Classifieds

Help Wanted: Immigration Paralegal
Downtown Miami, FL. Boutique immigration law firm seeks paralegal with 2+ years of experience in business immigration. Must have experience with H's, L's E's and permanent residency processing. Must be fluent in English and Spanish, both spoken and written. Competitive salary and benefits package offered. Fax resumes to 305-577-0095 or email Andréa Olivos-Kah: aolivos-kah@immigrateusa.com. No phone calls please.

Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity in our dynamic team in the Law and Corporate Affairs department in Redmond, WA. 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. We offer a competitive salary, excellent benefits and casual workplace environment. Submit resume in Word format to Kristen at LCARES@microsoft.com. Indicate job code N145-149557 in subject line. Microsoft is an equal opportunity employer and strongly supports diversity in the workplace.

Help Wanted: Immigration Attorney
Senior Immigration Attorney (Manhattan) for 10+ person, fast-paced, leading business immigration firm. Must have 7+ years experience with full range of complex business immigration cases in NIV and IV matters as well as family-based & naturalization. Must have in-depth knowledge of laws & procedures, excellent writing, communication and organizational skills. Must be detail-oriented, able to manage a large case load, work independently and supervise & train associates and staff. Seeking dedicated professional willing to make a commitment who can work well under the pressures of a busy immigration law firm. Partnership track potential for right person. Competitive compensation package offered. Submit cover letter, resume, undergraduate and law school transcripts and employment references to: globallaw2005@yahoo.com.

Help Wanted: Immigration Attorney
Immigration and real estate boutique firm in Aventura, FL with diverse international clientele seeks immigration attorney. Must have 3-5 yrs exp. in business immigration including L / H / E / O / P / TN visas / I-140's and PERM labor certs. We offer excellent benefits, a collegiate atmosphere and unlimited growth potential. Bilingual and Florida licensed attorney preferred. Please send resume and salary reqs. to Mark Katsman at mkatsman@rrksatlaw.com.

Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with family based, naturalization and other applications a plus. Bilingual Spanish/English also a plus (not required). Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing, communication & case management skills. Comprehensive compensation package offered. Email resume & cover letter to Marcia Needleman: Mneedleman@levittandneedleman.com.

Help Wanted: Immigration Paralegal
Exceptional and challenging career opportunities available for you at Fragomen, Del Rey, Bernsen & Loewy, LLP's offices in Iselin, New Jersey. Ideal candidate must have 2 + years of exp. in business immigration, possess excellent verbal and written communication skills, and the ability to perform multiple tasks in a fast-paced environment. College degree, MS Word and Windows 2000 required. The Firm offers highly competitive salaries and excellent growth opportunities. We are conveniently located minutes from the train station and are approximately a 40 minute train ride from Manhattan on NJ Transit. Send resume, writing sample + salary requirements to Alaina Shneiderovsky: Ashneiderovsky@Fragomen.com.

Help Wanted: Immigration Attorney
Full-time position for bilingual immigration attorney to join a growing firm of two attorneys and staff based in Sherman Oaks, CA. Minimum one year experience. Must speak Spanish and English fluently. Must be able to work in a fast-paced environment. The candidate must possess excellent research and writing skills and will be handling complex immigration litigation defense at the Immigration Court, Board of Immigration Appeals and the Ninth Circuit Court of Appeals. Please send resume and writing sample to roxanamuro@jessicadominguez.us.

Labor Certification Advertising/Recruiting
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit www.adnet-nyc.com, or email us at information@adnet-nyc.com. Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


comingsNgoings

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

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: editor@ilw.com. comingsNgoings announcements is a free service.


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
The letter to the Editor from Miguel Gadda (01/11/06 ID) criticizes the State Bar of California for their enforcement, through collection attorneys, of money owed to the State Bar of California Client Security Fund. In California, after a finding of attorney wrongdoing, the Client Security Fund pays money directly to clients who have been cheated by their attorneys. The Fund then attempts to collect those monies from the guilty attorneys. An attorney who does not pay is disbarred - heretofore the only leverage the State Bar had. Now both empirical and poetic justice just might prevail, if the culprits who bring a bad name to all lawyers are forced to pay what they rightly owe. I predict that in their quest to thwart the collection efforts of the State Bar, Mr. Gadda and others like him, will find little sympathy with the majority of the members of the California State Bar, or, I believe, with the Supreme Court of the State of California.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I believe that people who are here illegally is not a choice of where they want to live but to survived the eminent poverty that exist in their countries. The NAFTA has done very little to cure this. The NAFTA was established to help the underdeveloped countries to have better life of living however the pay that is given is so much the same as the one on the companies of their countries that the people do not have any choice but to come to USA and better themselves monetary. I think NAFTA should be disbanded and the companies should come back to USA.

Gladys Farris


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. Copyright 1999-2006 American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim


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