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Immigration Daily January 21, 2004
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Editor's Comments

The Anti-Assimilation President

Today's featured article by Paul Donnelly, "The Anti-Assimilation President: Democrats Need A Values-Based Alternative To Bush Immigration Initiative" makes many interesting points:

  • Bush is anti-assimilation the way a bigamist is anti-marriage: what he says counts for less than what he does. It is simply not possible to promote the assimilation of new Americans while outlawing and exiling their husbands and wives, forcing legal permanent residents and their spouses to choose between obeying the law and their obligations as parents ... So the spouses and minor children of legal permanent residents should be an unlimited category, the same as the nuclear families of US citizens ...While some might object fewer than you might think, however to this as a vast increase in legal immigration, it simply isn't so. The spouses and minor children of legal permanent resident are people whom we want in the US, right? That's why it's called legal PERMANENT residency. Moreover, all these people whether we're talking a million, or 2 million are already eligible for green cards. There is no value whatsoever in forcing these should-be-legal immigrants to become illegal residents, making them a problem to be fixed later, if at all as the record since 1986 proves.
  • Sooner or later, we must face the fact that the 1965 Immigration and Nationality Act has become like an old building the foundation and architecture is sound, but the wiring, floors and plumbing, not to mention the windows and walls need to be gutted and rebuilt.
  • Values-Based Immigration would recognize the fundamental connection between sibling based immigration and employment. Surely, no one needs to remind President Bush just how much a brother can help in getting a job and the fact is, sibling immigration is largely an employment network. Without abandoning the family values involved, much less eliminating the category, let's treat it as such.
  • ... the most senior legislators with immigration expertise notably Senator Kennedy have a career vested in the mess made by tinkering at the margins of the 1965 Act -- legislation which, after all, Senator Kennedy managed to enactment.
  • ILW.COM readers can play an important role in that, because this periodical serves those who understand just how badly broken the current immigration system really is, and who recognize that the usual debate between the usual suspects hasn't gotten us very far. For better or worse, even without actual legislation, Bush has said he supports the most significant change in our national approach to immigration since 1965 ...

To read the entire article, see here.


The Approaching H-1B Cap And What To Do About It

With increased hiring by employers, H-1B numbers are steadily being used up, and the cap will likely be reached in a couple of months. With a legislative fix still up in the air, this is an opportune time to review legal strategies to guide clients through the coming H-1B storm. Our upcoming telephonic seminar "ILW.COM-Fragomen Briefing On H-1B Issues And Current Developments" will discuss hot issues in H-1Bs and will provide practice pointers to guide clients through the year ahead. The speakers include many distinguished practitioners from the law firm of Fragomen, Del Rey, Bernsen and Loewy, the largest immigration law firm in the country with over 130 lawyers - Austin Fragomen, Howard Gordon, Jonathan Adams, Andrew Greenfield, Ethan Kaufman, Cynthia Lange, Michael Patrick, Cheri Peterson-Ross, Michael Turansick and Freddi Weintraub (DHS and DOL representatives have been invited). The three sessions of this telephonic seminar will cover The H-1B Visa - Overview And Alternatives, The Labor Condition Application - Overview And Current Issues, and Latest Developments And Hot Topics in H-1Bs. H-1Bs are the bread-and-butter of most immigration practices across the country. This telephonic seminar series is an excellent opportunity to stay abreast of the latest developments in this area of immigration law and to hear legal strategies from some of the finest legal minds in immigration law. The seminar is offered by phone, so law offices around the country can participate. It is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the distinguished practitioners on the panel. The deadline to register is Tuesday, January 27th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

The Anti-Assimilation President: Democrats Need A Values-Based Alternative To Bush Immigration Initiative
Paul Donnelly writes "For better or worse, even without actual legislation, Bush has said he supports the most significant change in our national approach to immigration since 1965 a radical shift away from the assimilation model epitomized by Ellis Island, and toward a German gastarbeiter approach."

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:

Immigration Law News

State Of The Union Address And Immigration Policy
During a press briefing, White House Spokesman responded to a question, "Is the President going to use the State of the Union as another opportunity to defend and explain his immigration policy, which hasn't really been very popular in many sections of his own party?"

EOIR Announces Latest Disciplinary Actions
The Executive Office for Immigration Review (EOIR) announced its latest disciplinary actions including: the immediate suspension of one attorney, the final order of discipline for two attorneys, and the reinstatement of one attorney.

Employer's Offer To Cure Defect And Re-advertise Should Not Have Been Rejected By CO
In the Matter of Caregivers Manor, No. 2002-INA-293 (BALCA, Jan. 14, 2004), the Board of Alien Labor Certification Appeals said that Employer's offer to cure a defect and re-advertise should not have been rejected by the CO because it was conditioned upon the CO's rejection of the rebuttal evidence and an Employer could not predict whether his rebuttal would be persuasive.

Republicans May Oppose President Bush's Guest Worker Plan
The Washington Times reports "The White House has run into its first public opposition over a proposed guest-worker program, and it comes from within President Bush's own party."

Public Interest Parole Aids In Arrest
The Portland Tribune reports "police ultimately facilitated [an alleged killer's] return by obtaining a formal warrant ... and informing immigration officials of its existence ...[USCIS Spokesman] Sale explained that he put together what is called a public interest parole, which is a portion of US immigration law that allows someone to enter the US and be paroled into law enforcement custody."

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:


Help Wanted: Paralegals
Are you looking to join a fast-paced, dynamic and friendly team that provides first-rate immigration legal services to global businesses and individuals? Paparelli & Partners LLP, a leading immigration law firm with an established national practice, located in Irvine, California, has immediate openings for two experienced Immigration Paralegals to work at our office in Irvine, California. If you have what it takes, you will work under the supervision of attorneys to serve multinational companies and high-achiever individuals in both employment-based and family-based immigration-related matters. You will use computer software extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, Immigration Tracker, Power Point, etc.), and become immersed in cutting-edge immigration projects. Please contact us if you have six months or more of US immigration experience, are a multi-talented, multi-tasker, detail oriented, express yourself well in person and on paper, work well on a team, love challenges, are willing to work hard, have a spotless ethical record and character, have a paralegal certificate or are otherwise qualified as a paralegal under California law. To pursue this exciting opportunity, email your resume to Chris McCoy at For background, see our web site:

Help Wanted: Attorneys and Paralegals
The Law Offices of Bernard P. Wolfsdorf seek to hire experienced paralegals for its South Bay, CA (Torrance) office and New York, NY offices. Bachelor's degree required for paralegal positions. The firm also seeks to hire associate attorneys with 1-2 years experience in immigration for its Pacific Palisades office. Ideal candidates should have experience with all aspects of business immigration. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (RIR and traditional), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Will manage caseloads with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Applicants should submit resume + cover letter to specific desired location - South Bay applicants: fax Michele Buchanan at (310) 540-3147 or e-mail; New York applicants: fax Frieda Wong at (212) 899-5041 or e-mail Attorney applicants: fax T.L. Loke Walsh at (310) 573-5093 or email

Immigration Law Books
Immigration attorneys need look no further than Patel's complete reference library for their primary resource needs. Patel's library consists of (4) books: The Whole ACTINA (Annotated), 20/22/28 CFRPlus, 8 CFRPlus, and Patel's Citations of Administrative Decisions under Immigration and Nationality Laws. Each book contains a detailed topical index, is annotated and is updated annually to reflect the latest changes in regulations. These four books will keep you abreast of the status and standing of all immigration citations, cover the history and treatment of all reported administrative decisions under immigration and nationality law, and provide you with the latest immigration-related regulations of the DOL, DOS, and DOJ. Patel's 4-set library is an indispensable reference tool for any immigration practitioner. For more information or to purchase these books see here.

Case Management Technology
ImmigrationWorks is the solution to all your immigration case management problems. ImmigrationWorks is an integrated solution that includes all immigration forms and case management features and allows your immigration firm to automate the entire documentation process. Available in either Internet version (ASP Model) or Intranet (in-house) version, ImmigrationWorks provides a secure environment and the ability to network multiple offices remotely. ImmigrationWorks is a web-based immigration case management solution providing 24/7 secure direct access to cases anywhere with an internet connection. Our solution can be used for all your clients, regardless of whether your case volume is large or small. Best of all, our easy to use, intuitive interface requires minimum training. For more information, contact us at: 1-800-350-4727,, or visit our website at

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

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

Letters to the Editor

Dear Editor:
Regarding the scripted, but very clarifying interview with Mr. Cheney, one has to answer to the first question with a sound yes. Someone asks the VP, "Why should we give millions of people in our state a break for a prima facie breaking of the law? Is there any other country in the world, including Europe and Latin America, that would do so?" yes. In many countries amnesty has been exercised towards otherwise illegal immigrants, most times broadly, sometimes applicable specifically to one immigrant category. As examples we could point to Portugal in 1992 and 1996, Brazil in 1980, 1988, and 1998 (all immigrants without complications with the law benefited), and many others. Voila: Europe and Latin America. The big difference here is the extent of the current American situation; having dealt so poorly with immigration for so many years, US legislators now face a huge, although not unsolvable, problem. However, it is nave to believe that millions of undocumented immigrants would apply for the new temporary workers' visas, exposing themselves to a deportation three years later. We need a permanent solution to the problem, not a means to facilitate deportation police work.

Roberto Leao
Franklin, Michigan

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 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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