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Immigration Daily

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Immigration Daily March 8, 2004
Previous Issues
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Editor's Comments

Austin Fragomen To Speak At ILW.COM Seminar

Austin Fragomen will lead the discussion on H-1B Issues And Current Developments in our seminar next week. Mr. Fragomen is co-Managing Partner and Chairman of the Executive Committee of Fragomen, Del Rey, Bernsen, and Loewy, the largest immigration law firm in the world with over 130 attorneys. Mr. Fragomen is also the co-author of the H-1B Handbook and the Immigration Procedures Handbook (both published by Westlaw). The deadline to register is Tuesday, March 9th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:


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

Presidential Papers Historical Series: Remarks To Representatives Of Organizations Interested In Immigration And The Problems Of Refugees
President Johnson sent this message to Congress on January 13, 1964.

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

President Bush Says Workers Need Ways To Find Work Legally In US
During remarks in Bakersfield, CA, President Bush said, "Look, we need to -- we don't need blanket amnesty here in America. What we need is, we need to help people find work in a legal way."

Border Agents Will Have FBI Fingerprint Database Access
Government Executive Magazine reports "A majority of the nation's border agents will be able to access key FBI fingerprint databases by the end of 2004, Homeland Security Secretary Tom Ridge said Thursday."

CNN's Lou Dobbs's Anti-Immigration Jihad Fueled By His Need For Money
A Wall Street Journal op-ed says "But as an economic rationalist, I have to believe that Lou Dobbs is ranting nightly about "cheap overseas labor" as a pure ratings play. It's about the money. And it makes perfect sense: Companies outsource to protect their market share, and Lou attacks outsourcing to protect his market share."

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.

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.

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.

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:
In response to Mr. Nachman's article, I think your article illustrates the problems employers face dealing with the differences in immigration issues and labor law. The IRS is faced with a similar problem. Although US immigration laws speak of immigrants, non-immigrants, and illegal aliens, US tax laws speak only of resident alien and nonresident aliens. Generally, resident aliens are taxed in the same manner as U.S. citizens, and nonresident aliens are taxed according to special rules contained in the Internal Revenue Code (Code). The tax residency rules are found in section 7701(b) of the Code. Although the tax residency rules are based on the immigration laws about immigrants and non-immigrants, they define residency for tax purposes in a way very different from the immigration laws. Any alien who is not a resident alien must be a nonresident alien. An alien can become a resident alien in one of three ways: (1) by being lawfully admitted to the US for permanent residence under the immigration laws (the Green Card test); (2) by passing the Substantial Presence Test (which is a numerical formula which measures days of presence in the United States); or (3) by making what is called the "First Year Election" (a numerical formula under which an alien may pass the substantial presence test one year earlier than under the normal rules). The Code requires all individuals to file U.S. tax returns if they have gross income subject to U.S. tax that equals or exceeds the exemption amount. Furthermore, the Code requires that every individual that must file a return, statement, or other document must furnish a taxpayer identifying number for themselves and any other persons required to be listed. For individuals, their taxpayer identifying number is his/her SSN. There is no distinction between legal and illegal aliens. For tax purposes, non-U.S. citizens are classified as resident and non-resident aliens. An alien individual not authorized to obtain an SSN and who is required to furnish a taxpayer identification number must apply for and furnish an ITIN. However, an ITIN does not affect an individual's immigration status, provide authorization to work in the U.S., or provide eligibility for social security benefits or the Earned Income Tax Credit. Disclaimer: this information is general in nature and should not be considered as legal, tax advice, or opinion provided by the IRS. One thing you did not mention in your article is that the SSA provides a service to employers to validate the social security number of an employee. The SSA offers employers and authorized reporting agents two methods for verifying employee SSNs. Both methods match employee names and SSNs. To verify up to five names and numbers, an employer can call 800-772-6270. To verify up to 50 names and numbers, contact your local Social Security office. Alternatively, the Enumeration Verification Service (EVS) may be used to verify more than 50 employee names and SSNs. Pre registration is required for EVS or for requests made on magnetic media. Please remember that the information is general in nature and should not be considered as legal, tax advice, or opinion provided by the Internal Revenue Service.

Ronald Rivelli
Internal Revenue Service

Dear Editor:
I am attaching a copy of a letter sent to the Regulations and Forms Services Division of the DHS to share our concerns about the recent proposed fee increases for the processing of immigration applications and petitions.

Paul Parsons
State Bar of Texas Committee on Laws Relating to Immigration and Nationality

Dear Editor:
While I noted with interest SJD's rhetorical anger and frustration about the validity dates and authorized stays in issuing I-94 for L-1 aliens under Blanket L and David Murrays joinder, let me also join the fray by stating that such mishandling is further compounded by a conspicuous silence of the Central Office about this issue, despite my repeated attempts to get a clarification and guidance. When attorneys in our office, facing queries from corporate clients and individual aliens affected thereby, informed me about frequent mishandling by POE officials, I started asking questions to the USCIS Central Office. Over the last six months, I raised queries with Thomas Cook by letters dated September 15, 2003 and October 20, 2003, and later with Efren Hernandez, Jr., III, by a letter dated January 12, 2004. I also added in each letter that, if someone else should handle the matter at USCIS, my request be forwarded to the right official who can provide adequate and prompt response. So far, not only there is no definitive response from anyone, none even bothered to acknowledge receipt of my letters. Although I agree with David Murray that no visa or I-94 can ever be presumed valid if it purports to go beyond the statutory limit (7 years for L-1A, and 5 years for L-1B), and that we should always take the path of least resistance, our office nonetheless wanted a definitive statement to that effect from "the horses mouth," so to speak, which might then trigger a corrective action. And, a six-month-period is certainly long enough for anyone including the Central office to issue a few lines of guidance. Well, probably I am hoping against hope. Any way, I thought SJD and David might be interested in this information.

PJ Patel

Dear Editor:
How do I check your job board?

Ahna M. Sagrera

Editor's Note: ILW.COM does not have a job board. However, we do have job postings under our classifieds section of Immigration Daily which you can search using our advanced feature tool.

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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