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Immigration Daily

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Immigration Daily March 5, 2004
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Editor's Comments

Online JDs Highlight Impact Of Internet On Law

Ordinarily, our comments are focused only on immigration law matters. However, from time to time, we note other matters of importance and/or interest. We recently heard of an online JD program recognized by the State Bar of California, run by the Concord Law School, there may well be other online JD programs recognized by state bars. The Internet is making greater inroads into all aspects of law practice: increased access to legal information through agency websites, client service through online case management, and now even online education for obtaining a JD!


Briefing On H-1B Issues And Current Developments

Staying abreast of developments connected to H-1Bs involves more than just H-1B cap-related issues - also important are current adjudication trends, current LCA enforcement trends, developments in portability, and uptodate strategies for H-1B alternatives. The "ILW.COM-Fragomen Briefing On H-1B Issues And Current Developments" discusses hot issues in H-1Bs and provides 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. 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, March 9th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

Marketing Myths Most Lawyers Believe
Trey Ryder dispels 18 marketing myths.

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

Unions' Lawsuit Against H-2Bs Issued On Erroneous Prevailing Wage Is Moot Since H-2Bs Were Already Issued
In Maine State Building And Construction Trades Council, AFL-CIO v. US Department of Labor, No. 03-2040 (1st Cir. Feb. 23, 2004), in a case involving H-2B temporary labor certifications for approximately one hundred and twenty foreigners to be employed as structural and pipe welders where the prevailing wage was mistakenly calculated under the McNamara-O'Hara Service Contract Act instead of the Davis-Bacon Act, the court held that the case was moot since the temporary labor certifications and H-2B visas had already been issued and there was nothing to enjoin. The court also noted "Bromides about the American workers potential for future job losses are unavailing without some concrete allegations that the Government is likely to repeat its miscalculation of the prevailing wage rate by using the wrong standard."

Congressional Representatives Urge TPS For Haitians
During a debate in Congress, Rep. Conyers said, "(Ms. Jackson-Lee), our ranking subcommittee person on the Immigration, Border Security, and Claims Subcommittee on the Committee on the Judiciary, and I and others on the committee have written Secretary Ridge, asking that he designate temporary protected status to the Haitians that are fleeing. To turn them around upon arriving here from hundreds of miles in an ocean always on very fragile craft, that the first miracle is that it even got to our shores, would be inhumane."

DOJ Inspector General Criticizes US Border Patrol
The San Diego Union-Tribune reports "A Mexican citizen convicted of raping and killing a nun in Oregon two years ago easily managed to get into this country because Border Patrol agents failed to check his past criminal records, the Justice Department's Inspector General said Tuesday."

Immigration Attorney Is Charged With Submitting False Immigration Docs
The Washington Post reports "A Bethesda lawyer and four businessmen have been charged with submitting false documentation to state and federal officials to obtain work visas for dozens of undocumented immigrants during a five-year period, federal authorities announced yesterday."

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: Legal Assistants
Leading immigration law firm, Tindall & Foster P.C., seeks qualified legal assistant applicants for its Texas offices in Austin and Houston. Positions require a university degree, strong writing skills, and Word, Outlook, Excel and Access proficiency. Foreign language fluency and immigration experience preferred. Training provided. Nonsmokers desired. We offer a competitive salary + benefits package (incl. paid parking). Austin applicants: Email resume to Robert Loughran at: Houston aplicants: Email resume to Kathryn Vidal at: Alternatively, resumes can be mailed to Personnel, 600 Travis Street, Suite 2800, Houston, TX 77002 (please indicate desired location). No calls please. EOE.

Help Wanted: Experienced Immigration Specialist And Entry-Level Paralegal
Greenberg Traurig, a large international law firm, has openings in its Tysons Corner, VA office for 2 positions: an experienced immigration specialist and an entry-level paralegal. Both positions require a Bachelors degree and a minimum 2+ yrs of experience in the immigration field. The experienced immigration specialist should have previous experience managing caseloads with a high degree of independence. Both positions require strong organizational, written, computer and verbal skills. Fluency in Spanish preferred. Excellent benefits and compensation package offered. Send resume + cover letter, including salary requirements by (fax) 703-714-8378 or (email) Please state the position (experienced or entry-level position) that you are applying for.

Help Wanted: Immigration Attorney
Reeves & Associates (R&A) , a full-service immigration law firm, seeks an immigration attorney with 1+ years experience in business immigration for its Pasadena office. R&A offers an opportunity to manage a challenging and varied workload in a fast-paced environment. Candidates must have experience with immigrant visa petitions, labor certifications (RIR & traditional), Hs and Ls. The ideal candidate should be detail-oriented, highly organized, possess excellent interpersonal and communication skills (written and oral), and effectively multi-task. R&A has an experienced support staff, state of the art technology and offers unsurpassed growth and learning potential. We offer an excellent salary & benefits package. If you have what it takes to take R&A to the next level, please email: cover letter, detailed resume + salary history to or fax to (626) 795-4999. Incomplete submissions will not be considered.

Immigration Law Books
Reserve your 2004 copies now. No immigration attorney should be without a complete, up-to-date reference library for all his/her primary resource needs. The 2004 edition of The Whole Act INA, provides annotations, footnotes, editorial notes, updated Topical Index with a separate Index of Appendices, and 49 Appendices, to help both novice and experienced practitioners alike efficiently navigate the complex labryinth of immigration statutes. The 2004 edition of regulations in 2 volumes (both immigration regulations 8 CFR and all immigration-related regulations of the DOL, DOS, and DOJ) includes the latest changes in the regulations + handy and most detailed Topical Indices for each. The 2004 edition of Patel's Citations, covering the history and treatment of all reported administrative precedent decisions under immigration and nationality law, keeps you abreast of the status and standing of all such immigration citations (e.g., reversed, affirmed, modified, followed or not followed, criticized, distinguished, etc.). This entire reference library consisting of the Act, Regulations, and Citations, is an indispensable reference tool that you will reach for day after day. Reserve your 2004 editions now. We offer a 30-day money-back guarantee. If you're not satisfied with your purchase within 30 days of receipt, you can request a full refund - no questions asked. The 2004 editions will arrive hot off the presses (target publication March 2004). For more information or to reserve your pre-publication advance copies see here.

Case Management Technology
If you're looking to grow your immigration business, efficiency is critical. Developed by veteran immigration attorneys, VisaPrep helps attorneys handle more cases and increase profitability with technology successfully used for immigration matters since 1997. Our easy-to-use, secure online solution helps you streamline immigration processing. With VisaPrep, non-legal functions are performed automatically to save time and reduce filing errors. Clients can check the status of their case online and you can easily monitor their cases online. And with our exclusive VisaPrep Response Wizard(tm), you'll be able to answer most client questions quicker than ever before. With VisaPrep, you get simple pricing, free training and unlimited support. Many immigration technology vendors make promises - VisaPrep delivers. Call 866-VISAPREP (866-847-2773) or e-mail us at to see a demonstration.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
Yesterday's editorial displays typical myopic and faulty "thinking" of open border and immigration enthusiasts who allow their own pecuniary and/or other interests to cloud proper thought and action. It is the reality of our borders, the right to establish them and to address the violations thereof that need to be recognized, realized and remedied, not the legalization by foolish fiat to effectively void and bypass them. Rape, bank robbery or other criminal activity are not resolved in a lawful, responsible society by constructing a legal system or program that allows or excuses such activity. The "high risks" or "furtive lives" are a responsibility of those who choose such criminal behavior. It is a gross oversimplification to categorize all illegal border crossers as "prospective dishwashers and gardeners" as our crime statistics and crowded prisons reveal. President Bush is destined to be a "one termer" like his father unless he begins to understand these realities and changes the focus of his deficient amnesty plan and addresses other domestic concerns. His mantra of matching a "willing worker and a job" is appropriate only when limited to American applicants. Many who voted for him before will not do so again as his globalist policies exceed proper presidential function. Illegal immigration is a threat to our security as 9/11 plainly revealed since terrorists thrive in the cover that excessive immigration and lax border policies provide.

R. L. Ranger

Dear Editor:
I concur wholeheartedly with Mr. Murray's assessment, the fact that the petition controls, whether it be the I-129S in the case of a Blanket, or an I-129H - was part of what was cropped from my letter. However, my point in raising the issue was not to seek assistance in advising clients, but rather to highlight these errors in the context of allegations of abuse of the L-1 program. If corporate petitioners are coming under fire, then the government should make sure it's house is in order. Then of course there are the security concerns involved when an alien is given a visa or an authorized stay much longer than that to which he is entitled. It is also true that some authorized stays are granted for less than the petition allows, and in these cases, the client is in jeopardy of falling out of status. I don't believe that aliens routinely send copies of their I-94's from each entry into the U.S. to their counsel, and the "last action rule" could create a situation where, though the petition remains valid, the I-94 has expired, and the client is technically out of status. I don't believe that it is acceptable for an L1 visa holder to be given a different authorized stay each time he enters the U.S. under the same petition and visa. Certainly, isolated mistakes are the result of simple human error, but I contend that the errors made with L visas and authorized stays, particularly under a Blanket approval, are due to misconceptions about the the program by consular and BP officials. In my experience they are far more than occasional. I believe that CIS should devote some resources to educating consular and BP officials on the L rules before passing legislation to further restrict the program.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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