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Immigration Daily

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Immigration Daily February 23, 2004
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Editor's Comments

The Science And Art Of Labor Certs

Labor Certs are currently in a state of limbo - frozen in anticipation of PERM. However, temporizing is itself a decision, and may not be the best one. The right decision - whether to wait for PERM, to file an RIR today, or a file a regular case today - requires a carefully balanced strategy on a case-by-case basis. The process is part-science, and part-art, and every little tip helps in making sure that the right choice is made in a particular case. Even more important, is the issue of what to do when things have gone wrong with a case - what triage is possible, and what corrective action, if any, is possible. Our telephonic seminar next week - "Are We All Certifiable?" -- An Insider's Tour Through The Maddening World Of Labor Certification - features some of the best-known names in labor certification in the country - Angelo A. Paparelli, Jonathan C. Adams, Lawrence D. Bastone, Rebecca P. Burdette, Josie Gonzalez, Catherine L. Haight, and Joel Stewart (the noted BALCA expert). Also on the panel will be a number of representatives from some of the largest SWAs in the country. Law offices around the country can participate by phone in the seminar (this 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 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:


Deadline Is Monday, February 23rd

The loopy challenges of modern-day labor-certification practice have caused U.S. employers and their immigration attorneys to identify with Randle Patrick McMurphy, the all-too-sane character portrayed by Jack Nicholson in the 1975 classic film One Flew Over The Cuckoo's Nest. In today's deranged world of alien labor certifications, rules are announced, then rules are reversed, procedures are proclaimed, and then they morph into alternate incarnations. The inmates in this virtual asylum are chanting in a frenzy, "PERM is coming, PERM is coming"; "Backlog Reduction, Backlog Reduction", but PERM never seems to arrive, and backlogs grow ever larger.

Despite the seeming insanity of the real world practice of labor-certification, foreign workers still clamor for certified ETA-750s, and legal strictures must in all events be honored. Rather than joining the lunatic fringe, shake off your anomie and sign up with for a cutting-edge teleconference series exploring best-practices and tried-and-true labor certification solutions.

FIRST Phone Session on February 25:

  • The "Dead-Case Cull" and other Tales from the SWA Backlog.
  • Escaping the Straightjacket of Inflexible Recruiting.
  • Grappling with Ever-Higher Wages in the New OES Prevailing Wage Survey.
  • Order out of Chaos: Preparing a SWA-Friendly Application.
  • Quo Vadis, the SWAs: Is There Life after PERM?

SECOND Phone Session on March 18:

  • Standard vs. RIR processing vs. Holding One's Breath for PERM
  • Recruiting and Filing Today While Preserving Options for PERM
  • Fear-Factor: Managing Employer and Alien Expectations
  • Re-Arranging Deck Chairs on the Titanic?: Regional Processing and Backlog Reduction
  • The Carlson What-If Scenarios: Re-Advertising with Newly Stated, Pre-Existing Requirements

THIRD Phone Session on April 8:

  • BALCA Balking - a Full Contact Sport.
  • We Gotta Get Out of This Place: Labor Certification and Portability Strategies
  • Will Justice Prevail?: Advanced Prevailing Wages Issues - Pre- and Post-PERM.
  • Safely Saying Goodbye: Lawful Grounds for Rejection of U.S. Workers
  • Staying Out of Club Fed: Liberty-Preserving Strategies in This Era of Heightened Enforcement.
The deadline to register is Monday, February 23rd. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

Presidential Papers Historical Series: Special Message To The Congress On Immigration (Dwight D. Eisenhower: 1953-1961)
Dwight D. Eisenhower sent this message to Congress on March 7, 1960.

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

Nebraska Service Center Filing Tips
The Nebraska Service Center released tips for increasing the likelihood of your case being processed without delay.

Prior Refugee Admission Numbers Are Available For Asylee Adjustment
In Ngwanyia, et. al., v. Ashcroft, No. 02-502 (RHK/AJB) (District of Minnesota), the court said that under 28 USC 2201, all refugee admission numbers that had been made available for asylee adjustments in prior years but remained unused were presently available to be used for asylee adjustment. The court also said that under 1158(c)(1)(B) and 8 CFR 274a.12(a), appropriate endorsement of an asylee's authorization to work should last for as long as that alien remained an asylee - not a minute shorter, and not a minute longer. By failing to provide such an endorsement, Defendants had "unlawfully withheld [and] unreasonably delayed" agency action in violation of the APA.

CRS Issues Visa Waiver Program Report
The Congressional Research Service of the Library of Congress issued a report on the visa waiver program

ICE Crackdown On Old Deportation Orders Leaves Little Wiggle Room
The New York Times reports "The crackdown, called the Alien Absconder Apprehension Initiative, was intended to improve the [ICE's] track record of deporting only 13 percent of those who were not detained when they were ordered removed. But immigration lawyers say it is leaving little room for even common-sense corrections of bureaucratic errors."

CNN's Lou Dobbs Exposed For Anti-Immigration Bias
FAIR, Fairness & Accuracy in Reporting presents an expose of CNN's Lou Dobbs Tonight which has "slanted sourcing", "skewed guest lists", and "dubious stats" on immigration reporting.

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: 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:

Case Management Technology
VISAPREP offers three services to fit the needs of every immigration law practice. Whether you seek a simple forms program, a case management system, or VisaPrep TotalPractice - a comprehensive system that performs every administrative function in the immigration law process - we have a system for you. VISAPREP, the only immigration law technology created by immigration lawyers, will create efficiencies in every aspect of your immigration law practice. Many immigration technology vendors make promises - VISAPREP delivers. VISAPREP offers top-notch support with no hidden costs. We include unlimited training and support with our standard pricing package, and you'll have 30 days of free use to be sure VISAPREP is the right system for you. You will also receive monthly newsletters and time-sensitive "practice updates" from the VISAPREP team. We pride ourselves on providing superior service along with our technology. Call 866-VISAPREP (866-847-2773) or send an e-mail to for information or to schedule a demonstration.

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

For a listing of current immigration events please click here
For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
It might be good to publish a story about the recent class-action lawsuit filed on behalf of 150,000 asylum holders by the American Immigration Law Foundation of Washington, D.C.. It is so major, after all. And a commentary would be great.

Ivana Ivanovic
Human Resources Morrison & Foerster LLP

Editor's Note: Ngwanyia, et. al., v. Ashcroft, No. 02-502 (RHK/AJB) (District of Minnesota) is covered above.

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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