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Immigration Daily

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Immigration Daily March 30, 2004
Previous Issues
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Editor's Comments

H-1B Cap Alert

This is an H-1B cap alert. And no, this is not about the FY 2004 H-1B cap, which as everyone knows was reached last month. We are talking about the FY 2005 cap. Yes, FY 2005, which starts October 1, 2004. The best current analysis says "It is conceivable that, absent a legislative fix, all FY 2005 cap numbers could be exhausted before the new fiscal year even begins." This quote is from today's Featured Article by Austin T. Fragomen, Jr. which discusses planning for FY 2005 H-1B employment, unresolved H-1B issues, and visa options in the wake of the H-1B cap case cut-off. For the article, see:,0330-fragomen.shtm.


E-Mail Etiquette For Lawyers - Free Workshop For Immigration Attorneys

Carol L. Schlein, Esq. will discuss E-Mail Ettiquette For Lawyers in our telephonic workshop on April 1st.

About the speaker:

  • Carol L. Schlein, Esq. is an attorney and president of Law Office Systems, Inc., a training and consulting firm specializing in the automation needs of law firms and small businesses in Northern New Jersey and the New York metropolitan area.
  • Carol was recently honored as the Legal Technology Consultant of the Year 2003" by The Technolawyer Inc. The Technolawyer is the largest legal technology online discussion service in the U.S. with more than 9000 subscribers.
  • Ms. Schlein has been a contributing author for many books published by the Law Practice Management Section of the American Bar Association.
  • Ms. Schlein is a frequent lecturer on topics of law office automation for the American Bar Association, the New York State Bar Association, the New Jersey State Bar Association, and other organizations.

Immigration Daily Articles by Carol Schlein:

This 45-minute long free workshop for immigration lawyers will be on Thursday, April 1st (1.15pm to 2pm ET). This telephonic workshop is only offered to members in good standing of ILW.COM's directory of immigration lawyers, and is free of charge. Requests for registration should be sent to

Featured Article

Employment Options And Open Issues In The Wake Of The H-1B Cap
Austin T. Fragomen, Jr. writes "In the wake of the cut-off, employers and their counsel should be aware of a number of open issues relating to H-1B cases, and should become familiar with alternative visa options for foreign national employees whose H-1B cases are foreclosed by the cap."

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

DOS Amends Passport Procedures
The Department of State issued an interim final rule amending passport procedures, effective March 26, 2004.

Both Minor And Miinor's Custodian Must Be Served With Notice Of Future Immigration Proceedings
In Flores-Chavez v. Ashcroft, No. 01-70748 (9th Cir. Mar. 25, 2004), the court said that when the INS releases a minor alien to an adult's custody pursuant to 8 C.F.R. 242.24, thereby making that adult responsible for the minor's future appearance at immigration proceedings, the agency must serve notice of the minors rights and responsibilities upon that adult if the minor is under eighteen.

ICE Expands Pilot Program To Detain Deportable Aliens
The Immigration and Customs Enforcement announced that its pilot program aimed at reducing the number of illegal aliens on American streets will soon be expanded into Atlanta and Denver.

President Bush Continues To Push His Temporary Worker Plan
During remarks in New Mexico to first-time homebuyers, President Bush said, "In order to make sure the economy runs well, in order to make sure we treat people humanely, we need a temporary worker plan. It makes sense to do that. I look forward to working with Congress to get something reasonable out."

Labor Unions Call For Amnesty Of Undocumented
The New York Times reports "In February 2000, leaders of the A.F.L.-C.I.O. agreed on a major shift in immigration strategy. After decades of mistrust of immigration, its executive council was now calling for an amnesty for the millions of illegal immigrants living and working in the US."

Law Firms Who Know How To Market Effectively On The Web's Small Firm Business Magazine cover story profiles several law firms that have creative, innovative marketing campaigns.

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 Paralegal
Immigration Paralegals needed for a small, downtown, very collegial/lifestyle-oriented Boston general business law firm with an employment immigration practice, including financial services, technology and biotech and medical clients. Looney & Grossman LLP seeks experienced and very detail-oriented individuals with 2+ years experience working at a leading immigration firm or for a leading attorney. Qualified candidate must have well developed web/computer skills, ability to consistently multitask and the flexibility needed for providing excellence in client service. Excellent oral and written communication skills are required. We offer a competitive salary and benefits package and a chance to enhance your already developed immigration skills. Please submit resume to Carolyn J. Fuchs at or fax to: 617-951-2819. EOE.

Labor Certification Advertising
A free service to you. LegalAd Services places your labor certifications, nationally in the newspapers, trade journals, and and all required print publications. We also place your labor certifications on the web. LegalAd Services does this free for you; as an advertising agency we receive a discount from the placing media, so your cost is the same, no additional out-of-pocket expenditures. We help write, place, follow the tearsheets, eliminating a great deal of the administrative hassle that is involved in running your labor certification and it costs you nothing additional to use the service. A win-win. Please contact us today, we are here to help. LegalAd Services 1-866-460-7006 or email

Help Wanted: Immigration Attorney
The Law Offices of Bernard P. Wolfsdorf seek to hire an associate attorney with 1-2 years experience in immigration for its Pacific Palisades, CA 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 and maintain client status reports, prepare bills, and serve as a team resource. Applicants should submit resume + cover letter to T.L. Loke Walsh: fax (310) 573-5093; or email

Help Wanted: Experienced Immigration Attorney
Anthony Olson, P.A.,, an immigration law firm in Sarasota, FL, specializing in employment and family immigration law seeks an experienced immigration attorney. Applicants should have 2+ years employment-based immigration experience (particularly with labor certs, EB-1's, Hs, L's, O/P's) and foreign language skills (particularly Spanish or German). We offer friendly and flexible working conditions + competitive benefits package. Applicants must be conscientious, self-reliant, detail-oriented, and well-organized. Salary is commensurate with experience. Submit resume to Tony Olson by fax: 941-362-7107 or email:

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.

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:
Actually, the most effective solution to the terrorism problem which is within our power to implement is to end all military economic and political support to Israel, oversee real elections in Iraq and withdraw as quickly as the new Iraqi government desires. But lacking that, the US has no choice but to place a great deal of emphasis upon immigration as a means of combatting anti-American assaults. To say that "the only effective measure to stop the al-Qaida threat is to eliminate it at its source overseas" is little different than saying that the only effective measure to stop the Palestinian threat to Israel is to eliminate it at its source. If Israel's occupation of Palestinian territories and assassination of their leadership has not enabled it to thwart attacks on itself, how much less likely of success are any conceivable US offensive actions against Al-Qaeda? The only measure which has shown Israel any reasonable degree of success to date has been the sealing off of the Gaza Strip, resulting in a radical reduction of attacks from that area (virtually all successful attacks on Israel now come from the West Bank). Given the fact that the US has neither the will nor the resources to occupy the entire Muslim World to begin with (Cheney et al to the contrary), nor the common sense to simply leave it alone, then it appears that we must put our primary emphasis upon defensive measures. Although we cannot seal ourselves off from the outside world, the US nevertheless has no choice but to exercise the most vigorous scrutiny of those seeking to enter from abroad. Nothing could better vindicate Ann Coulter's charge that "liberals" are fundamentally unpatriotic then to advocate putting the desires of nonresidents to enter this country over the security of the people already here. It is, after all, one thing to ask Americans to risk losing their jobs for the sake of liberal immigration policies. It is quite another to ask them to risk their lives.

Michael E. Piston
Attorney at Law

Dear Editor:
The Migration Policy Institute issued the following press release.

Colleen Coffey
The Migration Policy Institute

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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