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Immigration Daily March 28, 2006
Previous Issues
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Comment

Immigration Reform Debate Continues

According to an Associated Press news report, "The Senate takes up the emotional debate on the heels of weekend rallies that drew hundreds of thousands of people protesting attempts to toughen laws against immigrants." For the full story, see here.

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


Focus

Premier Issue Of PQ: The PERM Quarterly

The premier issue of PQ: The PERM Quarterly is now in press. The provisional table of contents is as follows:

  • Filing Duplicate Applications By Joel Stewart
  • Labor Certification through PERM: An Up-to-date Overview of the PERM Rule By Joel Stewart
  • What You Do After The Ads Have Been Run? Resumes, Interviews, and Results By Edward R. Litwin
  • Tips for Filing Schedule-A Applications Under PERM By Sherry Neal
  • BALCA Summaries By Joel Stewart
  • How to File Prevailing Wage Requests and 30 Day Job Orders By Jane Goldblum
  • Civil & Criminal Federal Case Update By R. Blake Chisam
  • Potpourri By Joel Stewart
  • Ethics: What do you do when a qualified U.S. worker applies? By R. Blake Chisam
  • Recently Emerging Issues By Joel Stewart
For more information on PQ:The PERM Quarterly, or to subscribe, please see: http://www.ilw.com/books/PQ.shtm.


Article

Adjustment Of Status For The Permanently Barred
Charles Wheeler writes "The BIA has fashioned a way of reading the regulatory language governing the filing of I-212 waivers consistently with adjustment under INA 245(i), the permanent bar under INA 212(a)(9)(C), and the agency's own interpretation of these provisions."


News

USCIS Provides H-1B Guidance
USCIS issued H-1B filing guidance in anticipation of the April 1, 2006 FY 2007 beginning filing date.

USCIS Says VSC, NSC, Designated To Receive All I-129s, I-140s
USCIS announced that starting on April 1st, employers filing Form I-129 should mail that form directly to the Vermont Service Center. Also starting on April 1st, employers filing Form I-140 should mail that form directly to the Nebraska Service Center.

DOL Issues Latest PERM FAQs
The Department of Labor issued its latest PERM FAQs on the procedure for requesting a duplicate labor certificate.


Classifieds

Help Wanted: Immigration Paralegals
The Law Offices of Darren B. Silver, a medium sized, well established law firm in Los Angeles, CA seeks full time, long term paralegals. Experience must be in business/employment petitions, such as H's, L's, p's and E's. Forward detailed resume regarding your specific experience. Ideal candidate will have at least two years of experience, is hard working, self-motivating, organized and enjoys a pleasant team work environment. Ability to speak Korean is a plus. E-mail resumes to Hiring Partner at: info@darrensilver.com or fax to: 213-384-8285.

Help Wanted: Immigration Attorney
Prestigious Immigration Law Firm, with LA, SF, and NY branches, seeks associate attorney for its Los Angeles office. At least 2 yrs experience in all areas of immigration law, including family and employment based cases, court appearances for removal/deportation, and consular processing. Occasional travel outside LA area. Fax or e-mail resume, salary requirements, + writing sample to Office Manager at (818) 543-5802 or attorney@gurfinkel.com.

Help Wanted: Immigration Attorney
Farmington Hills, MI - Established immigration law practice seeks associate with 1-2 years of experience in H-1B, L-1, O-1, O-2, P-3, TN. Attend AOS interviews. Must have good writing skills. Benefits include health insurance. Salary commensurate with experience. Send your resume + writing sample to: Jeffrey A. Weisberg at jeff@gowda.com or fax to (248) 932-1909. EOE.

Help Wanted: Immigration Paralegal
San Francisco, CA - Morgan, Lewis & Bockius seeks two immigration paralegals to assist with a wide variety of immigration matters, including: H-1B, TN, L-1, E-1/E-2, labor certs, and AOS/consular processing applications; outbound visa processing to support outbound visa programs; excellent written/oral communication skills; fluency in either Japanese or Chinese required. Ideal candidate is results-oriented individual who works well under pressure, and can prioritize and balance competing demands. Minimum of 2, no more than 5 years business immigration experience required. Bachelor's degree preferred; paralegal certificate or appropriate signed declaration from an active member of CA bar required. EOE. Apply at www.morganlewis.com.

Help Wanted: Immigration Attorneys
The internationally reputed Murthy Law Firm seeks senior level associates with 5+ years' experience in business immigration law. Our practice is dynamic and fast paced with high volume work that lends itself to varied creative solutions within the framework of the law. Applicants must have prior work experience in H1B and nonimmigrant options as well as an in-depth understanding of immigrant processing procedures. We have created a fully customized, sophisticated case-management system and expect the attorney to supervise paralegals and support staff. Good writing and analytical skills are required. Work is in beautiful, scenic Owings Mills, Maryland, convenient to rural settings and to the culture of Baltimore city. We offer a family friendly and collegial atmosphere. Please email resume and cover letter to Kim Rutherford at hr@murthy.com or fax 410-356-4140. All communication will be treated in confidence.

Help Wanted: Immigration Attorney
Chicago, IL - Small, collegial Loop law firm seeks immigration lawyer with 2+ years experience in employment-based immigration: H-1B, L-1, E-1/2, labor certs, experience in PERM. Pension benefits; competitive salary. Please fax response to 312-357-0328 or email lawfirm@thorelli.com. No calls please.

Help Wanted: Immigration Paralegal
Exceptional and challenging career opportunities available for you at Fragomen, Del Rey, Bernsen & Loewy, LLP. The ideal candidate will work on site at a client in McLean, Virginia and must have 3-6 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. Send resume, writing sample and salary requirements (indicate Maclean, VA when applying) to Alaina Shneiderovsky: Ashneiderovsky@Fragomen.com.

Help Wanted: Immigration Paralegal
Exceptional and challenging career opportunities available for you at this prominent global immigration law firm in Iselin, NJ. The 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. Fragomen 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. Submit resume, writing sample + salary requirements (indicate Iselin, NJ position when applying) to Alaina Shneiderovsky: Ashneiderovsky@Fragomen.com.

Help Wanted: Immigration Paralegals
Siskind Susser, one of America's largest and best known immigration firms, is seeking experienced business and employment immigration paralegals in its Memphis headquarters office. Booming Memphis, Tennessee is one of America's most affordable and liveable cities. Candidates should have 3+ years experience and be strong writers. Siskind Susser was recently rated by Chambers and Partners as one of the top 15 immigration practices in the US based on our cutting edge use of technology and our strong reputations in the healthcare and entertainment immigration sectors. Evenings and weekends are rarely required, but we have a productivity bonus program that rewards people who voluntarily seek extra work. Benefits include health, cafeteria, retirement. Salary negotiable. Send resume to Greg Siskind at gsiskind@visalaw.com.

Help Wanted: Immigration Attorneys
Hodgson Russ LLP seeks associates with five years progressively more responsible business immigration experience to join our Eastside Manhattan office (steps from Grand Central Terminal). The successful candidate will have demonstrated an ability to work independently, have worked on a wide range of business immigration matters, and have excellent communication skills. Send your resume and cover letter to Mary Kelkenberg at mkelkenb@hodgsonruss.com.

Help Wanted: Immigration Paralegal
Jenkens & Gilchrist, a large national law firm, currently has an opening in the Dallas office for a paralegal with 4-5 years of experience in immigration law. The ideal candidate will have an undergraduate degree, a paralegal certificate and experience in all facets of business immigration, including H and L nonimmigrant visa petitions, standard and PERM labor certification filings, I-140 visa petitions in all preference categories, consular processing and adjustment of status. Able to multi-task and work in a fast-paced environment. Non-exempt position, hours: 8:30am-5:30pm. Must be flexible for overtime. Will not relocate/local residents only. Send resume to Steve Ladik at sladik@jenkens.com.

Help Wanted: Immigration Attorneys
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, is seeking experienced attorneys with a minimum of three years practicing business immigration law, for our San Francisco and Virginia Offices. Our attorneys work in a fast-paced, high volume practice and utilize carefully developed procedures, advanced practice tools, and a state-of-the-art case management system. Experience in a range of business immigration matters, the ability to provide exceptional client service, experience managing teams of legal assistants, and superb analytical, organizational and case management skills required. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Please submit your resume via email to careers@usabal.com or by fax to 415-217-4426.

Help Wanted: Immigration Paralegal
One of the Midwest's largest law firms has an immediate opportunity for an experienced paralegal to join its Immigration Department in Chicago, IL. The ideal candidate must possess: at least 3 years of experience in business immigration and consulate visa processing; excellent verbal and written communication skills; exceptional organization skills; effective teaming skills; self-motivation; and, the ability to perform multiple tasks in a fast-paced environment. Bachelor's degree preferred. Excellent work environment, competitive salary and benefits. Visit www.btlaw.com. Submit resume, writing sample and salary requirements to Debby Usher at: debby.usher@btlaw.com.

Offshore Services For Law Firms
We offer a wide range of back-office & clerical support services to immigration attorneys in NIV and IVs, including managing checklists, form completion, drafting cover/employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. Our services cover document generation, data entry, accounts, scheduling/calendering, clerical & archival. Quantum Technologies, Inc. is a sister company to Adnet Advertising Agency, the worldwide leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms enabling them to cost effectively and securely outsource law firm back office processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as a virtual extension of your office providing 24 x 7 support and significant cost savings. Convenient billing options are available. For more info. contact Johaina Mumtaz at Johaina@quantum-usa.com or call 212 406-3503 ext 224.


comingsNgoings

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

Events - Hearing
The Subcommittee on Immigration, Border Security, and Claims has scheduled an oversight hearing entitled, "Should Congress Raise the H-1B Cap?", March 30, 2006. 9:00 a.m. 2141 Rayburn House Office Building, Washington, D.C.


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:
Responding to Mr. Roach's article (03/27/06 ID), first, the dynamism of the US economy is not the result of Mexican immigration, legal or illegal. If anything, Mexican illegal aliens are the beneficiary of this economy, which has produced high paying jobs. Mexican workers get the "trickle down" effect of these jobs, as the high wage workers eat out more, hire nannies and gardeners to do the household chores, and buy bigger, newer houses. If one must credit immigrants, at least credit legal high-skilled immigrants in Silicon Valley. How would we do without Mexican workers? The same way we do in my home state of Michigan - hiring an American to mow the lawn, and the neighbor's kid to babysit or wait tables or run cash registers. Second, Mr. Roach's comments on the unemployment rate are misleading. The unemployment rate does not include those who are no longer eligible for unemployment benefits - the long term unemployed. It does not include those who have given up looking for work. It does not include those who are underemployed--the software engineer selling computers at Best Buy, for example. The labor force participation rate, which measures the percentage of the workforce actually working, has declined over the past several years. Third, while all this "wonderfulness" Mr. Roach was attributing to the Mexican illegal workforce was going on, U.S. household income in real terms decreased for the fifth year in a row. Job creation over the past 6 years is fully 7 million jobs below that needed to just keep pace with the growth in our population. As an Arab-American, I'm wondering just why this paean to Mexican workers? What about all those would-be legal immigrants waiting in countries other than Mexico? Are they not capable of doing whatever jobs Americans do need done?

Ali Alexander

Dear Editor:
I noted with interest Ms. Zeiner's query (03/27/06 ID) about what constitutes a business day under the PERM regs having to do with how long a job must be posted. The PERM regs clearly state that the notice must be posted for ten consecutive business days, without further defining that term. In the relevant FAQ's, the DOL consistently uses the phrase "consecutive business days", again without further definition. I have been advised by the VSC that five visa petitions are going to be denied on the basis of a failure to post the notice for ten consecutive business days and relying upon a provision of a USCIS Field Advisory dated 2/14/06 which purports to define the term "10 consecutive business days" as follows: "(Monday through Friday, regardless of whether the facility operates seven days a week)". My cases involve Schedule A nurses at a hospital that operates 24/7. Several questions: Under what authority can USCIS purport to define what the term means or to prescribe how long a notice must be posted ( prerogatives I believe are within the exclusive province of DOL)? Have others encountered this problem either in a healthcare setting or in other round-the-clock operations? If so, how was the issue resolved?

Joseph Porrino
New York, NY

Dear Editor:
In response to Oscar Ferreira's letter (3/24/06 ID), I have often thought that would be a good solution to the immigration problem. Just integrate Mexico as another state into the USA. That way there will no longer be illegal immigrants. The USA could use the workforce to do the jobs Americans won't do. The US can have at their disposal whatever little Mexico has to offer, and money earned by illegals and legals, won't leave the country. And maybe given the opportunity, the US economy can turn Mexico into a prosperous "state" like all the other US states, and then Mexicans will no longer want to, or need to leave. Of course, Mexico would not want this.

Linda Cogill

Dear Editor:
Several thousand people were protesting the immigration proposals pending in the United States Congress. If the INS really wanted to deport the millions of illegal aliens in this country they could have started by detaining those protesting as most were illegal aliens. What a wasted opportunity.

KO

Dear Editor:
The lesson to be gleaned from the many Latino protests across the nation is that the only immigration reform that we need is a lot less of it and enforcement of existing laws, along with denial of birth baby citizenship and of other benefits by illegals. Without this approach, what has been seen is but a microcosm of the future where hundreds of thousands whose obvious allegiance is to another culture demand that traditional America be changed to suit them and that the benefits of lax entry policies continue, regardless of the harm done. Congress recently raised our debt limit to almost $9 trillion, an addition of $2.6 trillion and the 4th time since GWB took office, when the correct solution would have been to reduce spending. A reduction in entry numbers and strong enforcement is also the correct path with immigration reform. All of the guest worker schemes are merely disguised amnesty or amnesty light since anything less than deportation under existing law is an amnesty, a fraud upon citizens and an admission of past failures, promising more of the same. A true guest worker plan would originate from their own country, disqualify any who had entered illegally, be limited to 6 months, not apply to any family members or lead to citizenship with a prompt return. No one has suggested such a plan nor has history indicated that such a program would be properly administered. The Sensenbrenner (HR 4437), Tancredo (HR 3333) and Hunter - Goode (HR 4313) True Enforcement bills are representative of the correct direction that immigration reform should take, not a cowardly amnesty in any form that resolves nothing. If filling out the paperwork in error when purchasing a firearm can be a felony, certainly illegal presence in the US should be.

R.L. Ranger


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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