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Immigration Daily

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Immigration Daily June 17, 2004
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Editor's Comments

Immigration On The Web

Immigration-related government websites, particularly, receive considerable traffic. In this context, it is interesting to note a recent poll about overall E-Government statistics, since we believe that the immigration statistics will be even higher than those of the Government as a whole. 68 million Americans access government Web sites, a sharp increase from 40 million in March 2000; 77% of these Internet users sought information via a state, local, or federal government Web site in 2003, compared to 56% and 47% in 2002 and 2000. These statistics provide all the more reason to law firms to beef up their internet strategies.


FSMB On Physicians Seminar Panel For State Licensure Issues

A representative of the Federation of State Medical Boards, the apex body of state licensing authorities for physicians, has joined the panel for the final session of "Doctors, Nurses And Other Health Professionals: Current Immigration Issues". The deadline to sign up for the June 21st session is Friday, June 18th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

The Labor Certification Process
George N. Lester, Esq. provides a detailed overview of the currrent labor certification process.

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Immigration Law News

Previous Leniency Does Not Require USCIS To Grant O-1 Visa Again
In Texas A&M University-Corpus Christi v. Upchurch, No. 03-10832 (5th Cir. Jun. 2, 2004), the court affirmed the district court's decision that the USCIS properly denied an O-1 visa extension and said that the USCIS could not be prevented from applying 8 CFR 214.2(O)(3)(iii) in 2002 and thereafter because the USCIS was lenient in granting the O-1 visa in 1999.

US Gov't Increases Online Offerings, But Telephone Remains Top Choice
ClickZ reports "E-government adoption is on the upswing, but the telephone remains the preferred communication tool for contacting government offices."

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 Attorney
The Law Offices of Michael J. Gurfinkel, an immigration law firm with offices on both the East and West Coasts, seeks an associate attorney for its Los Angeles, CA offices. Ideal candidate should possess minimum 3+ years extensive experience in all areas of immigration law, including removal/deportation, AOS interviews, family and employment based petitions and consular processing. Position offers opportunity for occasional travel outside Los Angeles, CA area. Please fax or e-mail: resume, salary requirements + writing sample to the attention of Millie at (818) 543-5802 or EOE.

Credential Evaluation And Translation Service
Are you getting RFE's when you use other credential evaluation companies? American Evaluation and Translation Service, Inc. (AETS) provides 'Expert Opinion' Position Evaluations and Work Experience Evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS evaluations are consistently accepted by the USCIS because the evaluations are completed by PhD Professors from four different universities with expertise in most major academic fields. AETS also provides the most competitive rates in the industry -$50 educational evaluations and $200 Position and Work Experience Evaluations. AETS offers a variety of turn-around times, including Same-Day Educational, Position and Work Experience Evaluations. For a complete list of prices and turn-around times, please see: Additionally, AETS provides certified translations in over 100 languages, with translators that are specialists in over 80 fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit the website at send an email to or simply fax the documents to (786) 524-0448 or (786) 524-3300.

Help Wanted: Experienced Immigration Paralegal/Legal Assistant
Small, professional immigration practice located in Wall Street area seeks paralegal/legal assistant with 2+ years of experience with employment-based immigration. Candidates should also have working knowledge of family-based applications and naturalization petitions. Must have BA degree as well as excellent research, writing, communication and case management skills. Salary based on experience. Submit resume + cover letter to Lynne R. Newkofsky, Esq.:

Immigration Law Conferences
CGFNS Hosts A Special Educational Initiative in Your Community - New U.S. Department of Homeland Security (DHS) Visa Regulations for Foreign Health Care Workers. As part of a major change in federal policy affecting hiring of foreign health care workers in the U.S., the DHS has issued new Section 343 rules requiring foreign health care workers who are seeking temporary or permanent occupational visas or Trade NAFTA status to obtain a special visa certification in order to deliver patient care and provide health care services in this country. The Commission on Graduates of Foreign Nursing Schools (CGFNS)/International Commission on Healthcare Professions (ICHP) are sponsoring a special educational program in your community about the new DHS rules. This timely educational initiative is designed to provide you with important information about the new rules and facilitate the process for foreign health care workers to obtain a visa certificate through the CGFNS/ICHP specially designed Visascreen program. The new federal DHS rules apply to: Registered nurses and licensed practical (vocational) nurses, Audiologists, Physical Therapists, Medical Technicians, Occupational Therapists, Medical Laboratory Technologists, Speech-Language Pathologists, Physician Assistants. Session Locations include: Washington, D.C. - Monday, June 14th, Chicago, IL - Thursday, July 8th, Miami, FL - Monday, August 23rd, Philadelphia, PA- Monday, August 16th, Seattle, WA - Monday, September 27th, New York, NY - Monday, October 4th, San Francisco, CA - Monday, October 18th, Atlanta, GA - Monday, November 1st. To register, contact Marla Downing, email:, telephone 215-222-8454, x.242. Or visit

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Letters to the Editor

Readers are welcome to share their comments, email:

Dear Editor:
Your readers should note that the USCIS Employer Bulletin Information On Alien Employment Authorization contains some incomplete and potentially misleading information regarding documenting employment authorization for H-1B job applicants who are moving to new H-1B employment. Under the heading "temporary, restricted employment (employer-specific), "in reference to form I-94, the memo states: "A stamp indicating a nonimmigrant admission means that the alien may work for the approved employer(s) and for no other employer(s) until expiration of the indicated period of approved stay. Therefore, only US employers whose petitions to employ these aliens have been approved by the [DHS, USCIS] may accept this documentation to satisfy employment eligibility verification requirements of Form I-9." The memo fails to mention that Section 105 of the American Competitiveness in the Twenty-First Century Act, which became effective October 17, 2000, provides for "portability" and permits certain H-1B non-immigrants to begin new employment upon the filing of an H-1B petition with the USCIS. As evidence of employment authorization, an employer may record the file number from the BCIS filing receipt under the "other" category from List C (7), and when the actual approval is received, the I-9 can then be updated. Attached to the I-9 should be the current H-1B approval notice or I-94 for the former employer, as well as the new H-1B filing receipt. Previously, an H-1B worker could not take up employment with a different employer until a new H-1B application was both filed and approved by BCIS. Only current H-1B holders seeking a change in employers and who meet the requirements of INA 214(m)(2) - i.e., been lawfully admitted to the US, being identified as the beneficiary of a non-frivolous petition for new employment filed before the expiration of his/her authorized period of stay, and having no unauthorized employment in the US since his/her lawful admission but before the filing of such petition - will benefit from the grant of immediate work authorization; this provision does not apply to other temporary worker categories or to individuals seeking an initial grant of H-1B status.

Josie Gonzalez, Gonzalez & Harris
Pasadena, CA

Dear Editor:
For some time now the USCIS has had a specific category for nurses filing I-140 petitions at the Vermont Service Center. Having this category has allowed the processing of these petitions in approximately 3 months. In fact, the last schedule I saw earlier this month showed that they were processing April 2004 petitions now. I have wondered why this separate category was not being used in the other three service centers (Calif. Texas & Nebraska), especially since the Calif. And Texas centers have the largest backlog. When browsing the USCIS schedule back in late March I noted that they were listing a separate nurse category for those three centers now. My question is when do you think we will see the processing times accelerate at these centers. A large majority of my companys business is done in the regions covered by the Calif. And Texas centers and we sure could use some relief.

Evans M. Clements III, CEO
Pacific Rim Nurses, LLC

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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