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Immigration Daily

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Immigration Daily April 6, 2004
Previous Issues
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Editor's Comments

Joel Stewart And Gary Endelman

In the Alice in Wonderland process of labor certification, recruitment is a key component. Whether one can reject a US worker on the basis of a resume or not, is a critical issue in labor cert recruitment. A recent colloquy between two of the outstanding experts in labor certification brings to light some surprising points on this matter. Both beginning and advanced practitioners will benefit from the insightful comments of Joel Stewart and Gary Endelman. Read the article to see why Bronx Medical may mean the exact opposite of the proposition that it is usually understood to stand for. For the article, see here:,0406-stewart.shtm.


Deadline Is Tuesday, April 6th For "Are We All Certifiable?" -- An Insider's Tour Through The Maddening World Of Labor Certification

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 Tuesday, April 6th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

A Colloquy On Bronx Medical And SVP Approach
Joel Stewart and Gary Endelman discuss the BALCA decision, Bronx Medical and Dental Clinic, 1990-INA-479 (Oct. 30, 1992).

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

2nd Circuit Joins Sister Circuits In Upholding BIA's Summary Affirmance Procedure
In Zhang v. Ashcroft, No. 02-4395 (2nd Cir. Mar. 24, 2004), the court said that the BIA's summary affirmance procedure did not deprive an asylum applicant of due process. The court noted that whether the AWO procedure added to the federal judiciary's burden was not the issue.

DOS Announces Latest China's Travel Document Reciprocity Schedule
The Department of State announced its latest travel document reciprocity schedule with China.

Immigration Attorney Gives Up Law Practice Due To Mental Illness
The Charlotte News and Observer of North Carolina reports "An immigration attorney accused of setting up phony marriages to help immigrants remain in the country has surrendered her right to practice law because of mental illness."

Individual Pleads Guilty In One Of Costliest Citizenship Scams
The San Diego Union-Tribune reports "Bugajska ... was involved in immigration-related scams for years while pretending to be a lawyer, a federal judge, an immigration official and a CIA operative."

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:

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.
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:
You may want to consider modifying your title on the VISIT biometric postponement. DHS and DOS cannot extend it for two years. They are just requesting that Congress approve a two year extension of the mandated deadline.

Kathleen Campbell Walker
Kemp Smith, LLP

Editor's Note: Thank you for pointing out our error. We have corrected our archives.

Dear Editor:
I attended the Stakeholder Conference on Naturalization Test Redesign organized by the Office of Citizenship under the auspices of USCIS. The conference took place in Washington D.C. and gathered more than 120 representatives of the community-based organizations, immigration attorneys, and USCIS employees to discuss the proposed changes to the new naturalization test. Many people voiced concerns about the effect of the proposed changes on the ability of the elderly applicants to pass the naturalization test in a new format. Inna Arolovich was particularly troubled because she worked with Congressman Jerrod Nadler to introduce "Senior Citizenship Act - 2003" (H.R. 3123) to the House of Representative and knew firsthand how hard it was for the elderly to prepare and pass the naturalization test. "Senior Citizenship Act - 2003" aimed to exempt immigrants of 65 and older from demonstrating full command of the English language and to exempt immigrants of 75 and older from taking the naturalization test. Inna approached me with an initiative to send a letter to Mr. Eduardo Aguirre, USCIS Director, and urge him to support following changes to Section 312 (b)(3) of the INA: 1)exempt applicants older than 65 years from the English test and allow their taking the test of the U.S. history and civics in their native language, and 2)exempt applicants older than 75 years old from both parts of the naturalization test (the English test and the test of the U.S. history and civics). The above changes did not aim to exempt these two categories of seniors from satisfying every other requirement for citizenship, e.g. demonstrating good moral character, taking an oath of allegiance, etc. I originally drafted a letter and the supporting fact sheet, but other people contributed their comments. Inna worked to obtain endorsements for the letter from as many organizations as possible. As a result, on March 26, 2004, 30 different organizations, including AILA and NYIC, signed and sent the letter to Mr. Eduardo Aguirre. I would like to offer the supporting fact sheet to Immigration Daily readers.

Zlata A. Dikaya, Esq.

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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