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Immigration Daily

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Immigration Daily September 27, 2004
Previous Issues
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The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM

Gary Endelman's "The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM", includes the following parts:

I. Introduction: Where We Came Out
II. Legislative History: Present At The Creation
III. Devil Is In The Details: What Was In The Regs?
IV. IMMACT 90: The Chance Not Taken
V. Here Come The Judge: What The Courts Have To Say
VI. Conclusion: Where Do We Go From Here?

This article, seven years in the writing, is the most definitive study of the labor certification statute, regulations, and litigation ever published. With PERM likely to be published (finally!) around November, it is required reading for all those with a serious stake in labor certification. It will be published in Immigration Daily in November, but those who sign up for our seminar "Preparing For PERM With Joel Stewart" will receive a special pre-publication copy of the entire article. The deadline to register is Tuesday, September 28th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:

Prepare your practice for PERM by registering for this information-packed seminar and receive your special pre-publication copy of The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM by Gary Endelman. Don't delay, register today!


Deadline Is Tuesday, September 28th For "Preparing For PERM With Joel Stewart"

Tuesday, September 28th is the deadline to register for "Preparing For PERM With Joel Stewart". The curriculum is as follows:

FIRST Phone Session on September 30th: Current issues including Backlog Reduction Centers
  • National and Regional Backlogs
  • Doctrine of Backlog Reduction: Myth or Reality?
  • Analysis of the Backlog Reduction Rule
  • Telephonic Tour of Philadelphia and Dallas Centers
  • Major Current Issues in Labor Cert Processing
  • Practice Pointers: Recruitment and Documentary Requirements
SECOND Phone Session on October 21st: Appellate issues
  • General Characteristics of Notice of Findings and Final Determinations
  • Reconsideration of Final Determinations
  • Appeal of Final Determinations to BALCA
  • Federal Court litigation: formulating a Strategy that works for clients
  • Jurisdictional issues
  • Challenging The Regs
THIRD Phone Session on November 4th: PERM issues
  • Implementation of PERM
  • Simultaneous Processing, Withdrawals, Priority Dates, & Substitutions
  • Advantages and Disadvantages of PERM
  • Practical Tips on Processing PERM
  • DOL Audits - what can Employers expect
  • Role of SWA in PERM, Backlog Reduction, and other Pipeline Cases
The deadline to register is Tuesday, September 28th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Asylum Resource Series: Venezuela
USCIS Asylum Resource Information Center offers asylum information on Venezuela.

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:


Providing Food And Setting Up Shelter For Terrorists Constitutes Engaging In Terrorist Activity
In Singh-Kaur v. Ashcroft, No. 03-1766 (3rd Cir. Sep. 23, 2004), the court said that providing food and setting up shelter for people that the Petitioner knew or should have known had committed or planned to commit terrorist activities constituted engaging in a terrorist activity within the meaning of the INA's section 212(a)(3)(B)(iv)(VI).

CRS Report On Visa Issuances: Policy, Issues, and Legislation
The Congressional Research Service issued a report on visa issuances (courtesy of Stephen Yale-Loehr and Dan Kowalski of Bender's Immigration Bulletin).

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: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidates should have 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, writing samples, and salary requirements to: Ms. Michele A. Buchanan, Esq. at Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.

Position Sought
Recent law graduate, who recently completed New York and New Jersey Bar Exams, seeks FT associate immigration law position in New York City metropolitan area. Possess experience in business immigration and asylum law, but open to all areas of immigration law. Energetic and motivated. Willing to learn and excel as an immigration attorney. References available upon request. For more information, including resume, contact Lucy Magardichian at or (646) 641-0293.

Immigration Website For Sale, a multilingual website (English, Chinese, Spanish) is available for sale. is one of the top five US immigration web sites and receives considerable traffic. Excellent opportunity for an immigration law firm interested in establishing/expanding major internet presence. Sale includes 900+ pages of copyrighted immigration content; may also include ongoing site maintenance. Contact Oliver Oziel at 212-228-8097 or All inquiries will be kept confidential.

Help Wanted: Immigration Attorney
The Law Office of Helga M. Carson, an established immigration firm in Palo Alto, California, is seeking an Associate Attorney with a minimum of one year experience in business immigration law. Applicants should be well organized and motivated. Excellent working environment and competitive benefits. For information about the firm, visit Email resume to Karen Chow-Gregory at or fax to (650) 326-9881.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Readers are welcome to share their comments, email: (300-words or fewer preferred).

Dear Editor:
Any news on the H-1B Cap?

Luis C. Villanueva, Law Offices of Walker & Associates, P.A.
Miami, Florida

Dear Editor:
I would like to submit the following slogan for Immigration Daily: "Information. Innovation. Immigration."

Christine Brown, Paralegal Coordinator
Law Office of Sheela Murthy

Dear Editor:
A quote from Octavio Paz, famous Mexican poet, seems appropriate: "What sets worlds in motion is the interplay of differences, their atractions and repulsions. Life is plurality, death is uniformity. By eliminating different civilizations and cultures, progress weakens life and favors death" -Octavio Paz.

P.Sanchez Flavian

Dear Editor:
How about, Leviticus 19:34 - "But the stranger who dwells with you shall be to you as one born among you, and you shall love him as yourself; for you were once strangers in the land of Egypt".

Jay Solomon

Dear Editor:
I thought the population collapse problem (both global and American) set out in a recent Newsweek article entitled Birth Dearth would not only set some anti-immigrationist minds at ease but also highlight the brutal consequences of family planning around the world that have set almost all of the world except for the US up for a future of collapsing populations. It seems that the "indigenous" US population is in no danger of disappearing under a wave of immigrants after all. If one were to be really old fashioned and view the success of societies through how well they reproduce themselves, the United States and Israel are some of the only countries that seem set on a path of consistent growth in the immediate future while remaining modern, free and wealthy. I do not write to minimize the costs of immigration or the problems of assimilating newcomers, but some of the doomsday scenarios of losing our country to hordes of lawbreaking semi-hostiles appear to be overblown.

Honza Prchal

Dear Editor:
In the last two weeks, I have received not less than 20 phone calls from my friends all over the US informing me that one organization in Florida can obtain Work permit for aliens whether in status or not for only $450. Some claim that they have seen people who obtained the work permit. They claimed that it is only in Florida. My question is: Is it possible that only Florida would be able to get work permit for aliens whether in status or not while other States do not have such opportunity? Is immigration not a federal issue? If this is possible, is it attached to a particular program? Is there any secret amnesty or what? Since I have been told, I have been reading Immigration Daily, because I know that if there is any such thing, Immigration Daily would know about it. Please confirm to us if it is true because some of us rely on Immigration Daily for immigration information.


Dear Editor:
The fiscal drain caused by immigrants that O. Sanchez's letter mentioned is a myth. I have already seen the figures and the modest red can be turned into black with a little change in the underlying assumptions. Furthermore, the Federal Government can fairly choose to scale down the welfare state like President Reagan skillfully did and this will not only reduce any drain, but it will also put some US individuals at work. The real deal is in the long-term prospects. The future is grim without a growing supply of young willing workers. Medicare, Social Security and all the rest of the federal bonanza will start bleeding cash in a couple of decades. The U.S. will be posed to become an aging state like the "Old Europe," incapable of supporting any social program not to mention a sizable defense budget. That is why devising a rational and efficient legal immigration system, not prey of interest groups and electoral demagoguery, should be a priority.

Washington, DC

Dear Editor:
Somehow people such as Sebastian only look at "fairness" to the illegal immigrant, not fairness to the US citizenry, or to legal immigrants. Why is it "fair" for illegal aliens to ignore our laws and obtain benefits, while would-be legal immigrants wait overseas? Why is it "fair" that Mexico ignores its obligation to provide its own citizenry with even a high school education? I didn't put "Hispanic" in parentheses to highlight a "conspiracy", but rather to emphasize that this board member had an ethnic-based connection with the child a connection which he himself emphasized as a reason for his actions. This child was residing in Mexico and crossed the border legally daily to attend school, using a convenient address to obtain benefits. He was not even an illegal resident of the US, he wasn't "resident" at all. As for the issue of "tax burden", it is up to the people who vote on and pay taxes to decide who should benefit from them. Laws existed in this school district which require residency in the community, a residency which is based on legal guardianship. Many communities are enforcing these laws now because the financial burden of nonresidents is adversely affecting the ability of the districts to provide facilities and faculty for children who are legally entitled to them. There are provisions, such as the payment of tuition, for children who do not reside in the district or even in this country. Some communities on the border even have arrangements with sister-cities in Mexico allowing children to attend school. However, no such arrangements existed in this case. The board member could and should have paid tuition for this child. He was willing, like Sebastian, to say this child should have an education, as long as he, himself, wasn't personally paying for it.

Ali Alexander

Dear Editor:
According to Webster's dictionary a "diatribe" is a bitter, abusive criticism or denunciation. Mr. Moser's letter fails to show one example of that in any of the letters that have appeared in Immigration Daily from those of us to do not support another amnesty for illegal aliens. I am still waiting for someone to give a logical argument pointing out the error of our reasoning and documented proof that another amnesty will secure our borders and keep more illegals from coming in.



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comingsNgoings To Date
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Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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