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Immigration Daily

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Immigration Daily April 15, 2004
Previous Issues
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Editor's Comments

The Top Ten

The ten hottest issues on the immigration law horizon are as follows:

Legislative Branch

  • H and L reform including cap relief
  • Hagel/Daschle legalization bill
  • AgJobs bill
  • H2B cap relief
Executive Branch
  • RFE tsunami, readjudication and kindred nightmares
  • the anticipated PERM rule and labor certification backlog reduction effort
  • I-485 pilots at USCIS for expedited concurrent adjustments
  • Expanded detention policy by ICE in Atlanta, Denver
Judicial Branch
  • Supreme Court's possible reconsideration/narrowing of Zadvydas
  • Overwhelming immigration caseload for circuit courts
Immigration Daily will keep you informed on these and other matters.


Doctors, Nurses And Other Health Professionals: Current Immigration Issues

The curriculum for our new seminar "Doctors, Nurses And Other Health Professionals: Current Immigration Issues" is as follows:

FIRST Phone Session on April 29:

Doctor's Issues

1. Current Issues in Obtaining - or Avoiding - the J-1 Options for Medical Residents under the H-1B Cap

  1. Arguing "Exemption" for Non-Profit Hospitals
  2. Current Issues in O-1 eligibility for clinicians
  3. I-140/I-485 Options for Residents
2. Waivers for Doctors: The State of the Art
  1. Conrad 30 options: the best and worst states
  2. Specialists in the Conrad 30 program
  3. H-1B cap issues for waiver cases
  4. The VA solution: NIW-based I-485 before the waiver is approved
  5. Dealing with changes in employment

SECOND Phone Session on May 20:

Nurses and Allied Health Care Professionals

1. Final rules related to the certification of foreign-educated healthcare professionals

  1. application to TN and temporary visas
  2. initial application and adjustment of status
  3. transition period
  4. USCIS approval of certifying agencies
  5. How the rule will affect recruitment
2. Schedule A Labor Certification Issues
  1. Qualifying employment for Schedule A
  2. Visa processing in India and the Philippines
  3. Success rate on the NCLEX-RN for the foreign educated nurse
  4. Other countries for Nurse Recruitment
3. Other Hot Occupations for Immigrant Health Care Professionals
  1. Pharmacists, Dentists, and Chiropractors
  2. PTs, OTs, and other therapists
  3. Medical technologists

THIRD Phone Session on June 21:

Health Care Licensing for Foreign-Educated Professionals

1. State Licensing Issues

  1. Doctors
  2. Nurses
  3. Other Health Professionals

The deadline to register is Tuesday, April 27th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

Visa Options for Nurses: Non-Immigrant Visa Options
Gregory Siskind writes "A growing shortage of nurses in the US has forced many health care employers to look overseas for the nursing talent needed to care for American patients."

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

USCIS Announces Fee Increase
The USCIS announced a new fee structure, effective on April 30, 2004; 15 days after publication in tomorrow's Federal Register. The new fees add an average of $55 to the current cost of immigration benefit applications, and increases the biometrics fee by $20 for certain applications.

2nd Circuit Extends St. Cyr Holding
In Restrepo v. McElroy, No. 99-2703 (2nd Cir. Apr. 1, 2004), the court agreed with the Petitioner's argument that since he forwent his opportunity to apply for 212(c) relief when he was incarcerated in reliance of his ability to apply for such relief at a later time when his 212(c) case could be stronger due to a longer record of rehabilitation and community ties, therefore the AEDPA's elimination of the 212(c) relief disrupted his reasonable reliance and settled expectations.

DOJ Immigration Litigation Bulletin: January 2003
The Department of Justice released the January 2003 issue of its publication, Immigration Litigation Bulletin. [Ed. corrected 4/15/04]

Stateless, Alien Avoids Deportation
The New York Times reports "[] After nearly two years, seven jails, months of solitary confinement and a hunger strike, Mr. Abdel-Muhti was released by order of a federal judge in Atlanta. Judge Yvette Kane ruled that as a Palestinian born before the creation of Israel, Mr. Abdel-Muhti was stateless and could not be properly deported."

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
Goel & Associates, P.C. (G&A) , a leading business immigration law firm, seeks an experienced immigration paralegal to join its fast-paced corporate immigration practice located in Greenbelt, MD. Candidates must have at least one year of business immigration experience, ideally with H-1B, L-1, Labor Certification, and I-140/Adjustment of Status cases for clients in the high tech sector. A college degree, excellent communication and organizational skills, knowledge of PC applications, and the ability to work independently are required. We offer an outstanding work environment and an excellent compensation and benefits package, including a business-casual dress policy, health and dental insurance, 401(K), free parking, and more. To apply, please send resume, cover letter, and salary requirements to, or fax to 301-313-0445.

Help Wanted: Experienced Immigration Paralegal
The University of Southern California (USC) seeks to hire a FT experienced immigration paralegal to assist academic, research and service units with the hiring of nonimmigrants for both temporary and career appointments. Minimum Qualifications: Candidates should possess 2+ years experience in a private immigration practice or in an academic setting with immigration related experience. Applicants should have experience in: labor certification applications, immigrant visa petitions including adjustment of status applications and consular processing, and nonimmigrant visa processing (O-1, H-1B, TN). Will manage large caseloads with high degree of independence, interact with USC departments and personnel on a regular basis, and serve as a resource for university faculty and staff. Candidates should also possess excellent writing and communication skills. Working knowledge of Microsoft Office (Word, Excel, PowerPoint) and Immigrant Pro or related immigration software is required. Bachelor's degree preferred. Apply online at (submit reference Req. #15453 under Search/Apply). AA/EOE.

Immigration Law Conference
The Center for Migration Studies, in association with the Fordham School of Law will present the 27th Annual National Legal Conference on Immigration and Refugee Policy "Navigating Through the Immigration Labyrinth in Post-9/11 America" on May 25-26, 2004 in New York City. The conference will consist of presentations + Q&A sessions on a wide-range of immigration topics. Immigration professionals, government officials, HR professionals, and non-profit reps should not miss the chance to hear noted experts in the field speak. Participants will have the rare opportunity to interact with key policymakers at this unique international event. Topics will include the transition to the DHS, including the impact of both policy and process, as well as an overview of business, family, and asylum issues facing the immigration law and policy community. For more info, including detailed curriculum, speaker line-up, and registration information, visit:

Help Wanted: Experienced Legal Assistants
Legal Assistants needed for Pederson & Freedman LLP, a small established employee-friendly immigration law firm in downtown Washington, D.C., with a broad based international practice, including J-1 physicians, allied health care workers, consular processing, business and general immigration practice. Large volume of O-1 and EB I cases. Opportunities for travel. The firm seeks experienced individuals with 2+ years experience in the field of immigration. Qualified candidates 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 + benefits package and a chance to enhance your already developed immigration skills. Opportunities for advancement are excellent. Please email resume to Roberta Freedman at: All replies will be held in complete confidence.

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.
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Letters to the Editor

Dear Editor:
Attached is an exceptional letter from 24 members of Congress to DHS Under Secretary Asa Hutchinson regarding Malik Jarno's asylum matter.

Christopher Nugent
Holland & Knight LLP

Dear Editor:
In response to your Editorial Comments entitled "States Welcome Undocumented", after so many years attempting to enforce immigration law, it is disappointing for many of us to see our efforts dissipated over the years by an increasing lack of national resolve. The basic debate seems to grapple with the concept of sovereignty. Illegal aliens are pouring daily into this country and no effective effort is made to stem the flow. Once safely here, they are virtually home free. Our feeble interior enforcement activities are not effective enough to be of use except as occasional political fodder, as in the case of Gov. Baldacci. Making Maine a sanctuary state is hardly a novel idea. Our entire country has become a de facto sanctuary nation while we were snoozing. What little is done by ICE is nevertheless their authorized duty, even if it ruffles a few local feathers. If our enforcement efforts were indeed narrowly targeted at those who wish America ill, as you seem to suggest, it would present a rather interesting re-shaping of immigration law and policy, perhaps something that could be published on a wallet-size card. Then we would at last be done with the charade and have officially open borders to welcome all except, of course, the evil doers. And as a bonus, immigration lawyers could wind up all their pending cases rather quickly and seek more rewarding pursuits.

Bill Glenn
USBP (retired)

Dear Editor:
I'm a very talented young lady. I have so many dreams that couldn't only realise on my mind. I don't have the help that I need, my parents are in Haiti and I have to be there for myself. I would love to go to college but I can't. I mean, it's not easy at all. When you don't have a green card it's like you missing something, your vision, an arm something. I graduated from high school in 2002. All I need is to go to college but I can't. I have a lot of problems because of that.

Name Withheld

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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