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Immigration Daily August 4, 2004
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Editor's Comments

Opportunities In Immigration Sub-Specialties

It may be helpful to observe the immigration law field as a whole in order to identify the business potential of specific immigration sub-specialities. In terms of case volume and total dollars, the three major immigration law areas since IIRIRA are: Employment-based, Family-based, and Deportation. Minor sub-specialities within immigration law include the DV lottery, Refugees, Asylees, but these areas are much smaller than the Big three.

With the economic turnaround underway, employment-based immigration cases are likely to increase from their decline in recent years. Deportation cases have increased at such a high rate in the last couple of years that it is unlikely that rate can be sustained in the next few years. Family immigration cases will likely continue to remain stable as they have throughout the past few years. The overall prospects for immigration law practice in the near future appear to be fairly good.


Family Immigration: The Long Route From Love To Citizenship

The deadline to sign up for the August 12th session of Family Immigration: The Long Route From Love To Citizenship is Tuesday, August 10th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

From Homeland To A Home: Immigrants And Homeownership In Urban America
Demetrios Papademetriou and Brian Ray of the Migration Policy Institute write "Our analysis demonstrates with remarkable consistency that living in a city other than the handful of traditional immigrant gateways significantly increases the probability of ownership among most immigrant households." Reproduced with permission from Fannie Mae.

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 Employer Bulletin Information On Temporary Evidence Of Permanent Residence
The Office of Business Liaison of the USCIS released Employer Information Bulletin #113 on the acceptability of the new Machine Readable Immigrant Visa (MRIV) with temporary I-551 language for the Form I-9, Employment Eligibility Verification.

Court Finds Jurisdiction Where USCIS Revokes Previously Approved I-140
In Firstland International, Inc. v. INS, No. 03-6139 (2nd Cir. Aug. 2, 2004), in an issue of first impression, the court said that 8 USC 1155 does not permit revocation of a previously approved visa petition after the beneficiary has set forth on his or her journey to the US.

DHS Announces 13 Additional Sites For US-VISIT Exit Pilot Programs
The Border and Transportation Security Division of the DHS announced the implementation of US-VISIT exit pilot programs at an additional thirteen air or sea ports as authorized under 8 CFR 215.8(a). For the Federal Register item, see here. For the DHS press release, see here.

USCIS Employer Bulletin Information On US Employment Of Citizens Of The Freely Associated States
The Office of Business Liaison of the USCIS released Employer Information Bulletin #106 on the elimination of the EAD requirement for aliens of the the Marshall Islands (RMI) and the Federated States of Micronesia (FSM).

Massachusetts Bill Requires State Courts To Inform Noncitizens Of Immigration Law Consequences In Criminal Plea Agreements
The Herald News reports "The new law requires [Massachusetts] state courts to explain that there may be immigration law consequences to a plea in all criminal cases."

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Help Wanted: Immigration Attorneys
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, seeks experienced attorneys with minimum 3+ years of solid business immigration experience for our San Francisco office. Our attorneys work in a fast-paced, high volume practice with advanced practice tools and a state-of-the-art case management system. Experience in a range of business immigration matters, ability to provide exceptional client service, experience managing legal assistants, and superb analytical, organizational and case management skills are expected. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Submit your cover letter, resume & writing sample to or fax to 415-391-1642.

Help Wanted: Immigration Legal Assistant
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (75+ attorneys), seeks an immigration legal assistant. Experience desired in: employment-based IV (EB-1, EB-2, EB-3), NIV (E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, AOS, consular processing, I-9 compliance/employer sanctions, and litigation. College degree and 1+ years of experience required. Ideal candidate possesses superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. Work with a team of experienced immigration attorneys and professionals who are passionate about the practice of immigration law in a fast-paced, collegial setting with large law firm resources. Excellent salary/benefits package offered. If you enjoy challenging work with direct client contact and are equally passionate about immigration law, we want to hear from you. Send resume to Maura Bowen, HR Manager by fax 301-230-2891 or email

Help Wanted: Immigration Attorney
The Law Offices of Michael J. Gurfinkel, an immigration law firm, seeks an associate attorney for its Los Angeles office. Ideal candidate should have minimum 3+ years extensive experience in all immigration law areas, including removal/deportation, AOS interviews, family and employment based petitions, and consular processing. Must be willing to travel outside Los Angeles area. Please send resume + salary requirements to Millie by fax: 818-543-5802 or email:

Help Wanted: 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. ARIA software experience preferred. Submit cover letter, resume, writing sample and references to Jennifer Wadhwa, Human Resources at: Jackson & Hertogs, 170 Columbus Avenue, Fourth Floor, San Francisco, CA 94133 or

Help Wanted: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks an experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidates should have a bachelor's degree, experience with all aspects of business immigration, including all types of immigrant visa petitions, labor certifications, adjustment of status and consular processing, and nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Submit resume + cover letter to Michele A. Buchanan, Esq. at: Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.

Help Wanted: Immigration Paralegal
The Law Offices of Michael J. Gurfinkel, a prestigious Glendale, CA law office seeks an immigration paralegal with 2+ years solid experience in family, employment-based petitions, and deportation\removal defense. Excellent English writing skills and attention to detail required. Must be computer literate. Knowledge of Filipino language is a plus. Send resume to the attention of Millie by fax: (818) 543-5802 or email:

Help Wanted: Exchange Visitor Programs Manager
The American Council on International Personnel, Inc., (ACIP) is a not-for-profit trade association dedicated to facilitating the international movement of personnel. ACIP seeks an experienced professional to manage our two Exchange Visitor Programs in the Washington, DC office and is the primary contact for our J-1 visa and Canadian internship programs. Responsibilities include: responding to program inquiries; timely applications processing; frequent communication with ACIP member participants; liaise with DOS and Consular officials; SEVIS compliance; annual report preparation; file maintenance; and, continual process improvement. Adherence to all applicable laws and regulations is required. Our ideal candidate has: experience administering a J visa exchange program, including SEVIS; excellent communication skills; demonstrated commitment to customer service; ability to prioritize tasks, problem-solve and work independently. Must be a US citizen or LPR. This is a FT position. Work hours are flexible but must be available to respond to urgent client matters outside of normal business hours. Limited travel may be required. Email resume, cover letter and salary req. to No phone calls please.

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Letters to the Editor

Readers are welcome to share their comments, email:

Dear Editor:
I'm writing regarding "The Folly of the Visa Lottery" by Mark Krikorian, not to defend the value or the relevancy of the visa lottery, which represents a miniscule level of annual immigration, but because it contained more stereotypical remarks than were necessary or appropriate in a discussion of the value of the visa lottery statute. For example, his list of absent lottery constituents, is the sort of cheap-shot description that tells us only how he views immigration. The lottery may or may not have relevancy to the goals of the INA, but whether or not it is supported by groups Mr. Krikorian dislikes is even more irrelevant. The momentum for illegal immigration is not caused by people learning about the US because their relatives applied for the lottery. That leap of logic tells us all we need to know about his bias. The racist nature of his argument that the lottery lets in too many non-Europeans, "disproportionately from the Islamic world" or from Bangladesh and Nigeria, which he laments incorrectly as "the two most corrupt nations in the world," is especially offensive. Mr. Krikorian clearly does not wish to see immigrants from troubled countries. It's equally hard to understand his level of concern for what can only have been a modest amount of Muslim immigration in 1996. Several million immigrants enter the country each year so it's hard to imagine that the visa lottery, limited to 50,000 individuals from hundreds of countries, has somehow put this country awash in immigrants of any particular religious persuasion or ethnicity, or that this country of tolerance and respect for religious diversity should be at risk from DV winners.

Nancy-Jo Merritt, Esq.
Fennemore Craig

Dear Editor:
In response to Ms. Yang's letter, I would like to make a legal clarification. The VisaScreen certificate is not required upon filing. The VisaScreen is not required until a USCIS I-485 adjudications officer gets to reviewing the I-485 and issues an RFE for the VisaScreen certificate (for 2 reasons): 1. USCIS does not take the position that the VisaScreen is required at the time of filing an I-485 (See USCIS Headquarters Response to Issues Raised by AILA at the AILA/USCIS Benefits Liaison Meeting on October 1, 2003 - Q&A # 46. Visa Screening, posted on AILA InfoNet at Doc. No. 03112547 (Nov. 25, 2003)). 2. "At the time of adjustment of status" means exactly that: at the time your status is being adjusted to a legal permanent resident, not when you file your application for US legal permanent residence.

Randall Caudle, Esq.
Immediate Past Chair, AILA National Health Care Professional Committee

Dear Editor:
Firstland International, Inc. v. INS, No. 03-6139 (2nd Cir. Aug. 2, 2004) was just decided in the Court of Appeals today. The Court agreed with our argument that an approved immigrant visa petition cannot be revoked after the beneficiary has set forth on his or her journey to the US. The decision is on good legal grounds which I believe will withstand further challenge unless there is a statutory amendment.

Alan Lee, Esq.

Editor's Note:For a summary of the case, see above.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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