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Immigration Daily

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Immigration Daily October 5, 2004
Previous Issues
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2005 H1B Cap Is Reached

The USCIS announced this past Friday evening that no more fiscal year 2005 H-1B petitions will be accepted. All H-1B 2005 cap petitions received after close of business on October 1st will be returned with the filing fee. The earliest date a petitioner may file a petition requesting FY 2006 H-1B employment with an employment start date of October 1, 2005, would be April 1, 2005. For more information, see the USCIS press release below.


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How Religious Must One Be To Qualify As A Religious Worker?
Cyrus D. Mehta writes "While a minister is defined as an individual duly authorized by a recognized religious denomination to conduct religious worship and to perform other duties usually performed by authorized members of the clergy, more unclear is the definition of "religious occupation."

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H-1B Cap 2005 Reached
The USCIS announced that it has received enough H-1B petitions to meet the congressionally-mandated cap for fiscal year 2005. USCIS has factored into its count of petitions subject to the FY2005 cap the number of Chile/Singapore set-asides that were unused in FY2004 and any other cases that can be counted against the FY2004's H-1B cap rather than the FY2005 cap.

CRS Report On Immigration-Related Detention
The Congressional Research Service issued a report on current legislative issues in immigration-related detention.

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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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Readers are welcome to share their comments, email: (300-words or fewer preferred).

Dear Editor:
From its introduction, the DV Program is believed to have been misused. It is said that in the beginning about 33,000/50,000 available permanent resident visas (PR) were used by only two countries - Ireland and Poland. As a result, the US had to declare that no country may receive more than 7% of 50,000 PR visas. Likewise, when the photograph was not required to be submitted with the application, many used the other person's application, who was actual the winner of the DV Program. Later, the affixation of the photograph on the application was made mandatory. Some winners of this Program are said to have been successful in submitting fake educational certificates, and in being issued immigrant visas. It has been now 15 years that the US has been conducting DV Lottery Program, and under this program more than 7,500,000 people from different countries already entered the US as LPRs. These DV winner people are really lucky without having to wait for the availability of an immigrant visa number, whereas the family-based visa applicants have been waiting overseas for many years for visa numbers to come. The DV program has angered and distressed family-based visa applicants the most. Furthermore, the US Consulate also has been giving top priority to the DV winners when fixing the interview appointment by replying to the family-based visa applicants that there is a time limit for the DV winners whereas the family-based visa applicants do not have a time limit. Consulates know that the family-based applicants have been waiting many years for an immigrant visa. This is unfair and unjust to family-based immigrant visa applicants. The DV Program should be abolished immediately.

S. Salike

Dear Editor:
Now that we have arrived into the new fiscal year and the H-1B cap of 65,000 visas has not been raised by Congress it appears that there will be more jobs available to Americans.

O. Sanchez


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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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