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Immigration Daily October 4, 2004
Previous Issues
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AgJOBS And DREAM, H-2B, H-1B And L

The 108th Congress is now in crunch time. Congress will likely adjourn on October 8th and will likely return in mid-November for a two or three-week lame duck session. Bills introduced in 2003 or 2004 and not passed before the end of the lame duck session will automatically die and the bills' supporters will have to begin from scratch in January 2005. That's why in the short legislative period remaining before the conclusion of the 108th Congress, we can expect a blizzard of activity by immigration lobbyists. We summarize below our best speculation on three areas critical to immigration attorneys: AgJOBS/DREAM, H-2B, and H-1B/L.

  • AgJOBS/DREAM - the supporters of both these bills have prepared their ground well, particularly in the Senate. Senate passage for these two bills appears almost certain. On the House side, however, the House Republican leadership is likely to oppose both these bills in conference. This may be the reason why the House Republican leadership has floated the horrible anti-immigrant provisions in H.R. 10. Our best guess is that the anti-immigrant provisions of H.R. 10 will be offered by the House Republican leadership as sacrificial lambs in exchange for Senate surrender on AgJOBS and DREAM. In addition, the House Republican leadership may also have offered the anti-immigration provisions of H.R. 10 now in the hopes that anti-immigration Republicans will turn out on November 2nd (they may then kill these provisions after the election).
  • H-2B - the proponents of the H-2B tried and failed to enact the "Save our Summer" bill. However, Sen. Stevens, Chairman of the Senate Appropriations Committee, was successful in obtaining a de facto waiver of the H-2B cap for his state by exempting the fish roe processing industry from the cap. It is likely that other industries are trying for similiar relief. It is our guess that these efforts will go nowhere in the 108th Congress.
  • H-1B/L - we are confident that there is significant momentum behind H-1B cap relief. This cap relief will likely be limited to those with advanced degrees. We believe that this relief will not be cost-free, and restrictions on the L will be the price for this relief. The exact nature of the L restrictions are still very fluid and subject to negotiation between the two parties and the two chambers. We believe that the lame duck session will see some compromise on H-1B/L enacted into law.


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.


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

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DOL Issues Guidance On H-2B Workers For FY 2005
The Department of Labor issued supplemental guidance for Labor Certification Process for temporary employment of nonimmigrant workers in the US (H-2B Workers), FY 2005.

USCIS Issues Liberia TPS Correction
The USCIS issued a correction effective October 1, 2004 announcing the termination and re-designation of Temporary Protected Status (TPS) for nationals of Liberia.

DOS Press Briefing On DV-2006 Lottery
During a Department of State press briefing, DOS Spokesman responded to the question, "... don't you find it perhaps a bit cruel that you include North Korea as a country from where people can submit these applications when your own Human Rights Report says that internet access in North Korea is limited to high-ranking officials with "the need to know," and that the government monitors all kinds of electronic exchanges."

USCIS Fact Sheet On Military Naturalizations
The USCIS issued a fact sheet on military naturalizations.

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Help Wanted: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidate 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.

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Dear Editor:
The minutes from the most recent September 13, 2004 ESIG/USCIS meeting were released.

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Publisher:  Sam Udani    Legal Editor:  Michele Kim

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