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Immigration Daily February 19, 2004
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Editor's Comments

H-1B Cap Reached For FY 2004

This year's 65,000 H-1B cap has been reached. The USCIS released a press release (describing the new procedures for H-1B petition processing) and a fact sheet (providing a detailed breakdown of filed and approved petitions for FY 2000-2003). For both items, see below.


Meet The SWA Chiefs - Outstanding Event In Labor Certs

For the first time ever, the four SWAs where the largest number of labor certifications are filed - California, Texas, New York and Florida - will speak before a national audience. These four SWAs put together receive almost half the labor certification applications filed in the US, and this notable occasion will bring them together in a telephonic seminar broadcast nationwide to labor cert practitioners. In addition to the SWA chiefs, two prevailing wage experts are on the speaker roster which also includes several labor certification luminaries. Here is the speaker round-up for this memorable happening.

  • SWA Chiefs: Deborah Cusimano (CA), David J. Mance (NY), Richard Souder (TX), Sandra Stafford (FL)
  • Prevailing Wage Analysts: Jeneace O'Brien (CA), Danny Romans (FL)
  • Distinguished Practitioners: Angelo A. Paparelli, Jonathan C. Adams, Lawrence D. Bastone, Rebecca P. Burdette, Josie Gonzalez, Catherine L. Haight, Joel Stewart
Even the proposed PERM rule contemplates that the SWA role in prevailing wages will continue. And as the PERM interim final rule remains "always coming but never really arriving", the SWAs' central role in the labor certification process is likely to be with us for some time to come. Everyone involved in labor certs will benefit by being part of this unique seminar series. 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 SWA representatives and distinguished practitioners on the panel. The deadline to register is Monday, February 23rd. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

Impact Of Dual Citizenship For Persons Of Indian Origin In The U.S. by Cyrus Mehta
Cyrus D. Mehta writes "Some persons of Indian origin in the US have expressed concern about being dual nationals, and whether such a status would interfere with their US citizenship status."

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Immigration Law News

USCIS Announces H-1B Cap Reached
The USCIS announced that it has received enough H-1B petitions to meet this year's congressionally mandated cap of 65,000 new petitions. After today, USCIS will not accept any new H-1B petitions for first-time employment for most employers subject to the FY 2004 annual cap. For the press release, see here. For the fact sheet providing the number of H-1B petitions filed and approved by type, see here.

Microelectronics Background Is Not Inherent Requirement Where It's Not Listed On ETA 750A Or In Job Ad
In the Matter of Natel Engineering Co., Inc., No. 2002-INA-227 (BALCA, Feb. 10, 2004), the Board of Alien Labor Certification Appeals said that Employer's argument that its auditor position required experience in the microelectronics manufacturing field was an inherent requirement by virtue of the fact that Employer was a microelectronics manufacturing firm was not clear because the microelectronics background requirement was not listed on the ETA 750A or in the job advertisement.

H-1B Cap Is Reached
The Miami Herald reports "Applications for a visa program that allows skilled foreign workers to work in the US have reached the limit for the year, federal immigration officials announced on Tuesday."

Cuban Dancers Receive Asylum
The Miami Herald reports "The lives of three former dancers of the Ballet Nacional de Cuba who four months ago defected in the US took a new turn when they received political asylum and were allowed to begin a new professional life, their lawyer said Tuesday."

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Help Wanted: Experienced Immigration Attorney
The Law Office of Lee & Kent seeks an immigration attorney with 5+ years of business immigration experience for its immigration law practice. Qualified candidate must thrive in a busy office setting, work efficiently and effectively, and possess excellent writing and analytical skills. The firm has a well-established immigration practice in the Los Angeles, CA area, and handles a full spectrum of immigration issues. Lee and Kent is a general practice law firm, with practices in business litigation, bankruptcy, and criminal law. We offer an excellent benefits and compensation package. Fax resume and cover letter along with salary requirements to 213-380-2826 or email Justin M. Lee, Esq., hiring partner at (no phone calls please).

Help Wanted: Immigration Attorneys And Paralegals
Jasinsky Immigration Law LLC has openings for both immigration attorneys and paralegals with business immigration experience for its offices in Stamford, Connecticut and in Columbus, Ohio. Minimum 1-year employment-based immigration experience is preferred for both attorney and paralegal positions. Email cover letter, resume + salary requirements, along with the position sought to:

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Letters to the Editor

None today.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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