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Immigration Daily

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Immigration Daily July 13, 2004
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Editor's Comments

Clock Ticks On AGJOBS

AGJOBS was until recently, billed as the one immigration legislation with enough support to pass a divided Congress, a measure that would grant qualified agricultural workers and their families temporary legal status in the US, with a path to obtaining a green card. However, it appears that AGJOBS has stalled in Congress in recent days. A symbol of the legislations' difficulties occurred last Wednesday, when Sen. Larry Craig (R-ID) sought to tack the bill onto an unrelated class-action lawsuit reform bill. Senate Majority Leader Bill Frist fended off the effort (see news item below). President Bush has said little on the topic, while Democratic Presidential candidate John Kerry has pledged a comprehensive immigration reform bill to Congress in his first hundred days as President, including his signing of a bill that would help farmworkers. With little time remaining, the fate of AGJOBS looms. Immigration Daily will keep you informed of the latest developments.


Immigration Law Books - Latest Editions Shipping 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. 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

An Immigration Roundup
Jose Latour et al. provide a roundup of recent immigration events.

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Immigration Law News

8th Circuit Clarifies Standard On Downward Departure Based On Willingness To Waive Deportation Rights
In US v. Ramirez-Marquez, No. 03-1789 (8th Cir. Jul. 8, 2004), the court said that a Defendant seeking a downward departure for waiving deportation rights must demonstrate a colorable, non-frivolous defense to deportation and show a waiver of that defense would substantially assist the administration of justice.

DOS Issues Information On Discontinuation of Domestic Visa Revalidation Services
The Revalidation Division of the Department of State issued information in connection to the discontinuation of its domestic visa revalidation (or reissuance) service.

AgJobs Legislation Stalls In Congress
The Sacramento Bee reports "Despite high hopes by proponents and furious Senate maneuvering in recent days, the only immigration reform plan deemed to have a chance in Congress this year has stalled."

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Case Management Technology
INS-Experts Inc. is an eCommerce provider of US Immigration solutions globally. The company offers a web based solution for popular USCIS applications and forms through its website: INS Experts is now offering its application preparation solutions to Immigration consultants/ professionals, as well as related organizations at discounted prices. Partnership opportunities are also available for manufacturers/ distributors of US Immigration related products and services. For more information about these opportunities, please contact Mr. Puneet S Parmar, Director of Business Development INS Experts Inc., 12280 Saratoga Sunnyvale Road, Suite 116, Saratoga, CA 95070. Phone: 408-517-4212, Email:

Help Wanted: Experienced Immigration Attorney
Are you an expert in immigration law? Do you have high energy? Are you process oriented and extremely organized? If yes, Microsoft has an opportunity for you in Redmond, WA. We are seeking an immigration attorney to take on a new position within our immigration team. Key responsibilities include: I-9 compliance and J visa issues; Ensure regulatory compliance; Implement internal controls and review existing processes; Possible travel to Microsoft sites to conduct I-9 compliance trainings; Due diligence reviews and analysis to M&A teams; Secure legal work authorization in the US for individuals on temporary/permanent basis. Desired qualifications include: 5+ years of solid business immigration experience, ability to effectively lead and motivate others, excellent writing skills, exceptional communication and interpersonal skills, strong attention to detail, proficiency with Microsoft technology a plus, BA/BS and JD required. Submit resume in word format to and please indicate job code N145-115057 in the subject line.

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

Help Wanted: Experienced Immigration Attorney
Business Immigration Attorney with 4-6 years related experience sought for the mid-town NY, NY office of Fragomen, Del Rey, Bernsen & Loewy LLP. Must possess excellent analytical and client service capabilities, and be familiar with all immigrant and non-immigrant visa categories. Please fax or email your resume + writing sample to Rick D'Aversa at 212-891-7566 or

Help Wanted: Experienced Immigration Attorney
Do you have a passion for writing? Do you find using technology to enhance business communication satisfying? Are you an expert in Immigration Law? If yes, Microsoft has an opportunity for you in Redmond, WA. We are seeking an Immigration Attorney to take on a new and challenging position within our Immigration team. Key responsibilities include: Enhance and maintain the internal immigration Web site delivering and maintaining content of great quality and customer value; Create and implement a strategic plan for the Web site that will assist in achieving the groups business goals and satisfy customer needs; Prepare internal client updates; Legal research and preparation of legal documents; Exercise your extensive immigration knowledge to help others secure legal work authorization in the US on a temporary and permanent basis. Desired qualifications include: 5+ years of solid business immigration experience, Excellent writing and editing skills with an emphasis on writing, immigration content for a variety of audiences, Demonstrated ability to manage legal staff, Proficiency with Microsoft technology a plus, BA/BS and JD required. Please submit your resume in word format to Please indicate job code N145-114972 in the subject line.

Help Wanted: International Legal Coordinator
International Legal Coordinator (multiple openings) - Bachelor's degree in Law, International Studies/Relations, or languages. Requires 2 years' experience in preparation of business and work visa petitions and applications. Experience must include visas for foreign countries with diverse immigration systems. To apply, send resume to Include reference name: HR/IMM. No Phone Calls Please. Paul, Hastings, Janofsky & Walker LLP, 600 Peachtree Street, Suite 2400, Atlanta, GA 30308

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

Readers are welcome to share their comments, email:

Dear Editor:
I am responding to some analysis made in the July 12, 2004 Immigration Daily issue relating to the DOL's semi-annual regulatory agenda, and DOLs labor cert backlog reduction effort. Regarding the backlog reduction centers, you said, this would lead to a significant reduction in labor cert processing times in most backlogged states over the next 12-24 months, with a concomitant change in labor cert strategy for many law firms. I am not certain what serves as the basis of your comments, but wanted to clarify based on information I heard when I attended the AILA Annual Conference in Philadelphia last month. I heard Bill Carlson of DOL say on more than one occasion that the backlog centers will be in Philly and Dallas, and that they will focus initially on cases pending in the states covered by the regional offices of DOL in Philly and Dallas, respectively, then they will move to provide support for the states covered by the regional offices of DOL in Atlanta and Chicago, who will have exclusive jurisdiction on PERM cases. And finally the backlog reduction plan will go to the West Coast. I recall Ed Litwin lamenting this proposal, as obviously California has seen some of the worst DOL processing times for labor certs. I think Immigration Daily subscribers might benefit from this additional piece of information.

Robert P. Webber
Webber Law Firm, LLC

Dear Editor:
This letter is in reply to Aikba T.'s letter, who recounts a "humiliating" experience of having to be fingerprinted, not once, not twice, but three time as part of US-VISIT. Being thrice fingerprinted can hardly be described as a "humiliating process" to be "endured". In light of recent world events, I'm sure we can all identify what true humiliation is. Extending one's index finger three times on an inkless fingerprint pad, leaving not so much as a smudge, is arguably inconvenient, but is in no way humiliation. Waiting in line at the bank, post office, DMV, or airport is annoying to everyone, but these are all experiences to be grin and bared. It is particularly curious to me that, as a visitor from Japan, he would be affronted by the US-VISIT program, in light of this country's widely acknowledged fastidious bureaucracy. I have no doubt that Akiba T. is a well-meaning visitor to the US, but he would surely acknowledge that this in not true of every alien in every line at every port of entry. The US-VISIT program is proving itself to generally be an effective and efficient means of assuring this.

Miles Roeder
San Francisco, California

Dear Editor:
Just what is Kim Mensah's letter suggesting? That we not bother with illegal aliens who enter without inspection because it's only those who enter on visas who are terrorists? How nonsensical. If we tighten the formal process for entry, as we have been doing, are terrorists going to throw up their hands and say "we give up"? No, they'll enter illegally. How does one tell someone who has entered with a visa, albeit one fraudulently obtained, and overstays, from someone who is EWI, without holding them? Many who have overstayed also work as kitchen help, cleaning staff, and so on--not just those who EWI. And, having identified them as illegally present, it is a dereliction of duty to ignore their illegal presence. In fact, the presence of many illegal aliens who are not terrorists severely compromises government's ability to identify those who are. Lest Ms. Mensah claim that "legalization" is the route to go, no way. This also diverts resources not only from anti-terrorism efforts (amnesty applicants would still need to undergo security checks), but from the processing of legal immigrants. Some terrorists have also gained legal status and even citizenship from amnesty programs, which facilitated their terrorist aims. Ultimately, the simple fact is that illegal immigrants, whether those who enter without inspection or those who violate visas, terrorists or cleaning ladies, represent a threat to the ideals of law and order, and basic fairness, which is a more insidious threat to America than bombings.

Ali Alexander

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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