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Immigration Daily June 9, 2006
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Comment

A M Rosenthal

Immigration Daily mourns the recent passing of A.M. Rosenthal, former Managing Editor of the New York Times who is credited for bringing the New York Times back from the brink of extinction in the 60s and 70s. Born in Canada, A.M. Rosenthal moved to the US with his family as a child. Throughout his life, Mr. Rosenthal was a vocal champion of immigration to America and tirelessly extolled their positive contributions to American society in his editorials. He strongly believed that America should roll out the red carpet for immigrants. His own undocumented immigration status came to light only when he attempted to enlist in the US Army after Pearl Harbor and discovered that his parents had not complied with immigration laws when crossing the Canadian border. In the course of his life and research, he discovered that many a red-blooded American had an immigration skeleton in their closet, and thus, he was a lifelong advocate of forgiveness for "not having one's immigration papers in order". We hope that someone in the current generation of immigration advocates will pick up Mr. Rosenthal's torch and keep the cause of immigration advocacy shining bright.

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


Focus

Immigration Reference Books

ILW.COM is pleased to feature the following immigration reference books:

You can order any or all of these invaluable reference works on our books page.


Article

Eight Paths To Greater Achievement
Edward Poll writes "A recent survey of top lawyers revealed some important attitudes and beliefs about success."


News

9th Cir. Says Certain Provisions Applicable To Immigrant Doctors Practicing In Medically Underserved Areas Are Ultra Vires
In Schneider v. Gonzales, No. 04-55689 (9th Cir. Jun. 7, 2006), a case involving an accelerated path to LPR status for immigrant doctors who practice in medically underserved areas, the court said that the following provisions of the regulations were ultra vires to, the Nursing Relief Act: (1) the exclusion from the medical practice requirement of shortage-area medical practice that occurs before approval of the immigrant visa petition and national interest waiver; (2) the requirement that doctors who applied for a national interest waiver before November 1, 1998, but whose applications were denied before November 12, 1999, comply with the five-year medical practice requirement; and (3) the requirement that immigrant doctors complete the medical practice requirement within a four or six-year limitations period.

DOS Issues Final Rule On Au Pairs
The Department of State issued a final rule effective July 10, 2006, permitting au pair sponsors to request a one-time extension of six, nine, or 12 months beyond an au pair participant's original 12-month period of program participation.


Classifieds

Help Wanted: Immigration Paralegal
Law office of Judith G. Cooper, P.C seeks legal assistant with 2+ years experience in all aspects of employment-based immigrant and non-immigrant cases for position in Houston, Texas (Galleria area). Candidate should have excellent computer, writing, case management and people handling skills. Fax resume to Administrator @ (713)-622-8078 or e-mail to CCooper@immigration-visas.com.

Help Wanted: Immigration Paralegal
Enjoy going to work every day for this fast-paced immigration firm based in one of Manhattan's most exciting neighborhoods. Eric M Bland P.C is seeking an "all-star" paralegal who is confident in their talent, possesses amazing writing skills and who will be comfortable communicating with celebrities and other high profile clients. EB-1's and O's are the house special, however, a solid understanding of L's, H's and labor certs would certainly give you the edge. No suit or tie required for your interview. Please email resume, salary req. to: immigrationfirm430@hotmail.com. No calls please.

Help Wanted: Immigration Attorney
Midtown NYC - 13 person fast paced, leading immigration law firm seeks lawyer with 5+ years of business immigration experience. Handle full range of diverse nonimmigrant and immigrant matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please email cover letter and resume in MS Word format to Marcia Needleman at mneedleman@levittandneedleman.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. Bi-lingual Spanish/English also a plus although not required. Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing , communication & case management skills. Competitive compensation package offered. Email resume and cover letter in MS Word format to Marcia Needleman: mneedleman@levittandneedleman.com.

Help Wanted: Immigration Paralegal
Paparelli & Partners LLP, a leading immigration law firm with an established national practice, located in Irvine, CA and New York, NY, has an immediate opening for an experienced Immigration Paralegal at our Irvine office. Work under supervision of attys to serve multinational companies and high-achiever individuals in both employment-based and family-based immigration-related matters. Use computer software extensively (research databases, ProLaw, immigration case mgmt software, etc), and become immersed in cutting-edge immigration projects. Must have 1+ years U.S. immigration experience, be multi-talented, a multi-tasker, detail oriented, express yourself well in person and on paper, work well on a team, love challenges, be willing to work hard, have a spotless ethical record and character, have a paralegal certificate or be otherwise qualified as a paralegal under CA. To pursue this exciting opportunity, email resume to Chris McCoy at cim@entertheusa.com. We invite you to stop by our booth at the AILA Conference in San Antonio. No phone calls please.

Help Wanted: Immigration Attorney
Paparelli & Partners LLP, a leading immigration law firm with an established nat'l practice, located in Irvine, CA and New York, NY, has an immediate opening for an experienced Immigration Lawyer at either of our bi-costal offices. The position will involve legal services on behalf of multinational companies and high-achiever individuals to perform the full range of immigration legal services for employment-based and family-based immigration clients. Use computer software extensively (research databases, ProLaw, etc), and become immersed in cutting-edge immigration law issues. This job is for you if you are a multi-talented, multi-tasker, detail oriented, express yourself well in person and on paper, work well as part of a team, love challenges, are willing to work hard, have a spotless ethical record, are admitted to practice law in CA or another state, and have up to three years of U.S. immigration law experience. To pursue this exciting opportunity, fax resume + cover letter to Chris McCoy at 949-955-5599 or e-mail her at cim@entertheusa.com. We will be exhibiting at the AILA Conference in San Antonio and invite you to stop by our booth. No phone calls please.

Help Wanted: Immigration Paralegal
The world's #1 vacation destination – Walt Disney World - is just as magical behind the scenes as it is for the millions of guests who visit each year. It's no wonder that over 56,000 people are proud to call themselves Walt Disney World Cast Members. We are seeking an Immigration Representative to support a high volume immigration department at Walt Disney World Company. The position involves extensive interaction with all levels of employees, management and government agencies and offers a tremendous learning opportunity with multiple challenges. The Minimum Qualifications are Immigration Paralegal Certification or Bachelor's degree or equivalent in business; Demonstrated strong case management experience; Computer proficiency within Windows environment; Strong written and verbal communication skills; Effective presentation skills; Strong partnering and problem solving skills; Excellent organizational skills with attention to detail; Ability to handle confidential information; and Willingness and ability to learn and adapt to new software applications. We also prefer: Minimum 2 years experience with EB NIVs; Proven familiarity with H, J, L, O, P; Demonstrated experience with Exchange Visitor Program and knowledge of SEVIS; Proven knowledge of I-9s; Proven multi-lingual abilities. To apply, visit www.disneycareers.com and submit your resume. This posting will be viewable from June 5-17, 2006 only. If you have issues posting for this position, please contact us at wdw.prof.recruiter@disney.com.

Help Wanted: Immigration Attorney
Paul Hastings, a major global law firm, seeks an Immigration Attorney for our Atlanta, GA office. The successful candidate will have 2 to 4 years experience in business immigration law, will be highly motivated and will possess excellent writing and communication skills with a desire to work in a team atmosphere. The current opening is in Atlanta, GA but future positions in other locations are possible. Excellent academic credentials and prior experience are required. Please submit a detailed resume with your pertinent experience and salary requirements to Lisa C. Clark: via email lisaclark@paulhastings.com or via fax at 404.685.5082

Help Wanted: Immigration Paralegal
Proskauer Rose LLP, one of the nation's largest law firms, seeks an immigration paralegal for its Newark, NJ office. Must have minimum five years experience preparing non-immigrant and immigrant business visas (H1B, L1, TN, E1, E2, O1, etc), generating and completing forms, entering data into a case management system, and performing research. Excellent English writing skills and attention to detail required. PERM experience is a plus. Please send resumes to Angela Houghton via email ahoughton@proskauer.com

Help Wanted: Immigration Attorney
Stone & Grzegorek LLP, a Los Angeles-based immigration law boutique, seeks a Senior Immigration Attorney (a partner-track position). The ideal candidate will have a minimum of 10 years experience in immigration law practice; excellent writing and advocacy skills; management potential; and success as a team player. Join a team of 5 immigration attorneys and a dedicated support staff, and work with interesting clients on challenging cases in a pleasant, collegial environment in our downtown Los Angeles office. We offer a competitive compensation and benefits package. Resumes will be held in strict confidence, please send to Carol@lskglaw.com

Position Sought: Per Diem
NY/NJ metro area - Experienced immigration specialist/case manager seeks business immigration per diem or contract work. Possess 9+ years experience managing Fortune 500 immigration dept with primary responsibility for all phases of immigration processing and administration. Can provide wide range of immigration support services to immigration attys and orgs. Services include, but not limited, to: preparation of all IV and NIV docs and support letters (B-1, H-1, J-1, L-1, TN-1, O-1, PERM and PR) and submittals to appropriate state and federal agencies. Interface with employees, senior mgmt and HR to discuss immigration matters. Provide education, training, direction and assistance to foreign nationals, recruiters, generalists and mgrs within the company. Draft and implement business immigration policies and procedures. Resume & references available upon request. Call 845-709-7612 or email: vg106@optonline.net.

Help Wanted: Immigration Paralegals
Maggio & Kattar, a nationally recognized Washington, D.C. immigration law firm, seeks exceptional business immigration paralegals with varying degrees of business immigration experience. Excellent work environment, salary and benefits. Visit www.maggio-kattar.com. Please email resume, a statement of interest and salary requirements to: jobs@maggio-kattar.com or fax (202) 483-6801. No calls please.

Case Management Technology
Are you ready for the new changes in immigration? See why we have a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release. No patches to install, no downloads - our team of 50 engineers work around the clock. e-File 30+ forms with just a click. Automatic email alerts and reminders. Library of customizable online questionnaires, support letters and email templates. Online access for clients to check case status included, plus group calendar, email and case step reminders, priority dates calculator. Additional available services include: credit card processing, Outlook and/or QuickBooks integration, Compliancy modules - I9, LCA, AR 11, PERM. INSZoom's Case Management System is customizable to support solo practitioners, mid-size and large law firms/corporations. Cost conscious and compliance vigilant. Founded in 1999, INSZoom is a profitable, financially sound company. INSZoom is built ground up with flexible modules that allow you to manage and control technology. Current workflow processes, practice management methodologies and customer relationship functions can be easily customized in INSZoom to reflect your firm's unique style and strengths. To learn more or schedule an online demonstration of INSZoom's Case Management System, call 925-244-0600 or email info@inszoom.com.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here.

Immigration Book
"Lockout: Why America Keeps Getting Immigration Wrong When Our Prosperity Depends on Getting It Right" By Michele Wucker. Public Affairs, 285 pp., Hardcover, ISBN: 1586483560, $16.35. http://www.amazon.com/exec/obidos/ASIN/1586483560. Author Michele Wucker documents the mistakes that led to our predicament today, and clarifies why it would be a catastrophic error of judgment, as well as a demonstration of a colossal lack of self-knowledge, if America attempted to turn its back on rest of the world and in so doing on the best of itself.


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:
ID's claim that the "Supremes Reject FAIR's RICO Argument" (06/06/06 ID comment) is wrong twice. The order favors the US workers much more than the defendant employer. The Eleventh Circuit upheld the US worker plaintiffs’ RICO theories against a motion to dismiss; that is why Mohawk appealed to the High Court. In the new Anza vs. Ideal Steel Supply case, the High Court found no RICO proximate causality between the defendant’s alleged mail fraud and the injury to the plaintiff competitor supply business. In contrast, the Eleventh Circuit unequivocally held that the US workers pled proximate causality between the predicate crimes alleged and the injuries to their wages and working conditions. The Eleventh Circuit agreed with the Second, Sixth, and Ninth Circuits that a complaint of hiring, harboring, and inducing illegal aliens to work at the Mohawk carpet factories, if confirmed as a factual matter during subsequent discovery or trial, clearly could be the proximate cause of the US workers’ RICO injuries. The US worker plaintiffs should have no trouble distinguishing the lack of causation in the Anza commercial dispute from the corporate scheme of exploitation they have evidently experienced in the neo-satanic mills of North Georgia. So why did the Supreme Court reverse course? My guess is that enough of the justices realized after oral argument that Mohawk’s counsel had been a bit too slick in trying to dodge the core immigration law issues, which made any consensus impossible. On your second error, the Mohawk plaintiffs are represented by a team of valiant attorneys headed by Howard Foster of Johnson and Bell. FAIR's involvement in this case is limited to the amicus brief we joined along with several other patriotic and environmental organizations. However, Mohawk’s counsel also represent defendant Tyson Foods in another Foster RICO case in the Sixth Circuit.

Michael M. Hethmon, Esq.
IRLI General Counsel, FAIR affiliate

Dear Editor:
We can analyze and second-guess Rep. Billbray's win (06/08/06 ID comment) until we are paralyzed as we were in the last two presidential elections, and as the press has been for a while now. Let's do our best at what we are doing, instead of politicizing our own issues into oblivion. As the present administration has done with every issue, the anti-immigration forces have seized the rhetoric and created very polarizing slogans. Those slogans activate and unify. Educate, create our slogans, get out the vote, and watch the polling places like hawks.

Billie Gray

Dear Editor:
Immigration Daily is in severe denial to blame changing gerrymandering (06/08/06 ID comment) and not credit Republican Brian Bilbray's upset win in CA to his "hard-line approach to immigration". ID's featured article of (06/07/06 ID) by Newt Gingrich, "Ending The Dishonesty: The Way Forward On Border Control", presented a comparative "hard line" approach to this issue as did his HumanEventsOnline article, "It's Immigration, Stupid". His detailed analysis here supports the latter conclusion on the Bilbray win by pointing out that despite an early lead to fill a seat by a disgraced Republican, Democrat Busby lost by favoring amnesty and even suggesting that illegals could support her campaign, while Bilbray advocated controlling borders and illegals. However, those who favor restricted entry should be very wary of many of the "hard liners" jumping on this popular rising tide. Mr. Gingrich and Mr. Bilbray both have substantial experience in Congress where they did little to address this growing problem. Newt is a long time member of the Council on Foreign Relations, a globalist think tank, that advocates open borders and melding national sovereignty into a NWO "plantation" that allows special interests to profit from controlled, cheap labor on a higher level. Restrictionists want entry drastically reduced, not merely legalized, with sovereignty preserved. The former would truly be "comprehensive" immigration reform and different from most past efforts. With an estimated 15 to 25 million illegals here now and historic high levels of legal entry, only globalists would plan for millions more, even if legalized and disguised as a hypocritical concern for the "human rights" and welfare of those in other lands. Globalists always place a phony, but profitable, concern for foreigners above any loyalty to America or its citizens.

R. L. Ranger

Dear Editor:
Responding to Julia Pabiarezhnaya's letter (06/08/06 ID), people are generally only labelled by the way they present themselves or their behaviour.

A Regular

Dear Editor:
I will not say too much about Mr. Gingrich's essay (06/07/06 ID), except to point out that his article mentions that "[t]here is no point in having a $9 billion a year national missile defense program when the same terrorists can rent a truck in Mexico and drive the nuclear or biological weapon right across the border without being stopped." (emphasis mine). I agree. However, due to developments this past week in Canada, maybe we should also be worried about terrorists coming across the border from Canada undetected, where the border is much longer, and much less policed. Mr. Gingrich's statement just highlights how the issue of immigration (legal and illegal) is being used to push particular agenda. I appreciate the very real concern to protect our country from terrorist attacks, but let us not use the spectre of terrorism to justify immigration reform. Immigration reform must be done simply because it must, and not because there is a threat of terrorism (or lack thereof) from Mexico.

FFC

Dear Editor:
I can not recall how I stumbled across ILW.COM but please know it was a lucky day for me. I retired after trying to "enforce" whatever immigration law various Congressional Sessions produced from 1977 thru 1999. As we know those included 'employer sanctions' laws that a later Congress directed INS not to enforce. Having witnessed the fraudulent applications associated with "amnesty", the "seasonal agricultural worker" and other programs I get really animated as politicians fail to even pause as they talk about "paths to citizenship" and misnamed "guest worker" immigrant visa programs. It is not because of visas being issued but because of the volume of false petitions that will be ordered to be approved. Please note the best of cases were those righting some wrong rendered upon an undocumented alien being taken advantage of. The numbers of visas is politics and business, right and wrong is a matter of law. It is a shame that many lose attachment to the later prognosticating on the former. Back to the beginning. It was my lucky day to pause at ILW.COM finding references to articles, musings, and letters that go beyond "amnesty" or "border security" without possibility other options exist. Unbelievably to me, from a right wing name I do not associate with common sense, I followed your link to Newt Gingrich's article "Ending The Dishonesty: The Way Forward On Border Control And Patriotic Immigration" (06/07/06 ID Article). It actually has a plan that would be workable including awareness that federal agencies are incapable of many tasks S.2611 mandates. Wow, how refreshing. Thank you for the links. Your immigration law practice seminar descriptions are really enticing. Good job.

Tim Houghtaling, retired Senior Special Agent, OCDETF

Dear Editor:
Please tell me what PERM stands for. I understand it has to do with work authorization, but what to the letters stand for specifically?

Jackie Sledge, Manager Citizenship Program & Outreach Project
Refugee & Immigrant Assistance, DSHS.Wa.gov

Dear Editor:
Can anyone tell me if Rule 20 CFR 656.12 has been adopted yet? Also, is there any way I can review the public comments that were submitted to DOL and/or the ALJ regarding this rule?

Ken Hall

Dear Editor:
Where do we sign-up to be a part of a very big, and very serious class action law suit to defend the rights of legal immigrants who came here with all the paperwork in order, but are still waiting 5 to 10 years down the line to get any sort of "permanent" residency. If ever I have heard of discrimination, this must be it. The USA encourages illegal behaviour, and spits on the legal immigrant actually contributing to your economy in more ways than one can imagine. I will be the first one to get in on any pending lawsuit, and hope that Immigration Daily will keep us abreast of anything like this.

Linda Cogill


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                        ISSN:   1930-062X


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