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Immigration Daily

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Immigration Daily May 4, 2004
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Editor's Comments

More On AILA Elections

Immigration Daily reaches almost 14,000 subscribers every day. While we serve many readers - paralegals, people in government (executive, legislative and judiciary branches), non-profits and community groups, immigrants, media representatives etc, the biggest chunk of our readers are immigration attorneys. We reach almost 5,000 attorneys every day, including about half the members of the American Immigration Lawyers Association. We have covered AILA elections since 2000, through letters to the Editor, Editorial Comments, etc (as examples of our previous coverage, please see our issues dated June 16, 2000, June 19, 2000, and May 16, 2002). This year, we invited all those running for competitive office to (1) send us their statements and (2) participate in a free telecon where AILA members across the country can hear directly from, and interact with the candidates.

Please see here for statements from T. Douglas Stump and Brian K. Bates. In lieu of a statement, here is a weblink about Mr. Bernard Wolfsdorf: We expect to carry statements from other candidates in upcoming issues.

All Immigration Daily readers who are AILA members are eligible to attend the free telecon. Registration is first-come, first-served (please note, if registration exceeds capacity, preference will be given to members from smaller AILA chapters). The telephonic session will be from 1.15pm ET to 2pm ET on Thursday, May 6th. To participate in this free event, send an email to:


Immigration Law Books

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. 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. For more information, see here.

Featured Article

The Longest Summer - Strategies For Graduating Students, Exchange Visitors And Other Nonimmigrants With "Gap In The Cap" H-1B Specialty Occupation Issues
Bernard P. Wolfsdorf and Lisa K. Yu write "Employers of foreign nationals in F-1 and J-1 status are all wondering what to do with their current or prospective employees this summer when their Employment Authorization Documents ("EADs") or status expires before an H1B petition can be approved with an effective date of October 1st."

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

Due Process Requires Notice Of Consequence Of Brief Departure On 212(c) Eligiblity
In Martinez-De Bojorquez v. Ashcroft, No. 02-73014 (9th Cir. Apr. 22, 2004), the court said that due process required that some form of notice be given directly to Defendant on the severe consequences that even a brief departure from the US would have on her 212(c)eligibility before her appeals were deemed waived pursuant to 8 CFR 1003.4 when she briefly left the US.

BIA's Specificity Requirement Is Met Where Meaningful Notice Of Precise Issues Is Given
In Garcia-Cortez; Alicia Chavarin-Carrillo v. Ashcroft, No. 02-70866 (9th Cir. Apr. 27, 2004), the court said that the Petitioner's notice of appeal met the BIA's specificity requirement by providing meaningful notice of the precise issues contested on appeal, and hence the BIA's summary dismissal under 8 CFR 1003.1(d)(2)(i)(E) was a violation of due process.

First Issue Of "Inside ICE"
ICE issued the first issue of its bi-monthly newsletter, Inside ICE, providing the latest news and announcements from the DHSs Immigration and Customs Enforcement.

USCIS Immigration Inspector Indicted On Fraud And Bribery Charges
The Detroit Free Press reports "In the latest scandal to hit the federal Department of Homeland Security in Detroit, a federal grand jury indicted an immigration employee on charges that he helped immigrants become U.S. citizens in exchange for jewelry."

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: Paralegal/Legal Assistant
14-person midtown-based NYC immigration law firm seeks paralegal with 2+ yrs of experience with business immigration applications. Experience with other types of petitions - family, natz, etc is a plus. Ideal candidate has BA degree, is detail oriented, organized, conscientious and available to work OT on an as needed basis. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Email resume & cover letter to Marcia N. Needleman, Esq. at:

Help Wanted: Experienced Immigration Attorney
Small quality immigration firm based in lower Manhattan seeks qualified immigration attorney with two-four (2-4) years experience, for key position. Candidates should be familiar with family-based immigration and have experience representing clients at adjustment of status, 751 and naturalization interviews. Good research skills required. Experience with employment based immigration, H/L visas helpful. Seeking a conscientious, well-organized person who can work independently in this busy, rewarding environment. Position involves heavy client contact. Please forward resume + cover letter in confidence to:

Help Wanted: Experienced Immigration Attorneys
Jackson & Hertogs, based in San Francisco, CA, seeks experienced associates to work in multifaceted roles on a wide range of both nonimmigrant and immigrant cases. Successful candidates must be highly accountable individuals who take initiative and consistently deliver exceptional client service. Ideal candidates should possess the following: JD and licensed to practice law in the US; 2-5 years experience in employment-based immigration law; strong legal research and writing skills; highly motivated and detail oriented; excellent oral and written communication skills; excellent PC skills including Word, Excel, Powerpoint, email applications and immigration database/forms software. Prefer experience with ARIA software. For consideration, submit a cover letter, resume, writing sample and references to Jennifer Wadhwa, Human Resources by mail at: Jackson & Hertogs, 170 Columbus Avenue, Fourth Floor, San Francisco, CA 94133 or email at:

Help Wanted: Experienced Immigration Attorney
Immigration Lawyer (midtown NYC) - 14 person fast-paced, leading immigration law firm seeks experienced immigration lawyer with minimum of 5+ yrs' exp. in varied business visa practice: H, L, E, O, labor certifications, EB1-1 etc... Must have in depth-knowledge of laws & procedures, excellent writing, communication & organizational skills. Must be detail-oriented, able to manage a large case load and to work independently. Competitive compensation package offered. Please submit cover letter & resume to Marcia N. Needleman, Esq. at

Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients? USADWEB, LLC is the premier ad agency designed with the immigration attorney's needs in mind. Our job is to make your job easier. Our knowledgeable staff has experience with all types of recruitment media including newspapers, journals, Internet, college recruitment and more. We will provide you with expert guidance on placing advertisements and the lowest costs available from any publication. We offer one stop service and accountability for the entire advertisement recruitment effort. Our job is done only when we have mailed your client's tearsheet or affidavit to you. You can leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: We will help you establish a recruitment pattern that is acceptable to the Department of Labor (DOL). Simply describe your advertisement needs to us, and we will work hard to satisfy those needs. We offer a wide range of services and bring to the table expert knowledge in DOL compliant advertisement. We work with you to help assure your certifications. Have you been asked to re-advertise based on industry layoffs? With only 35 days to respond to the DOL, you need tearsheets quickly. We make these situations simple and easy for you by providing prompt, efficient service and aggressive follow-up with publications to help ensure you get what you need to complete your case in timely fashion. Regular Labor Certification (RLC) Advertisements: Labor issues are constantly changing. With layoffs prevalent in many industries, many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing SWA (SESA) advertising instructions and placing advertisements. We will proofread your advertisements and place them promptly in the next available publication as SWA instructed. Give us a chance to handle your clients' recruitment needs. We will impress you! Please visit our website at: For more information, please contact us via email at: or call us at 1-866 USADWEB (1-866 872-3932).

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:
Please check your ILW.COM forms that are available. It seems that the I-485 Supplement A is the old one, dated 5/31/02. I think there is a newer version. You may want to check this out.

Sylvia Boecker

Editor's Note: Thank you for bringing this to our attention. The form has been updated.

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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