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Immigration Daily October 15, 2004
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Major INA Overhaul

Last night's Presidential debate made clear that both President Bush and Senator Kerry agree that the immigration system is broken. President Bush said, "...[immigrants should] not [be] kept in the shadows of our society". Senator Kerry said, "we need an earned legalization program..." The 10 million undocumented in the US is the most serious immigration issue confronting our country; more important than the H-1B crisis, the backlogs in family re-unification, etc. The only way we see out of this this mess is large-scale legalization. Such large numbers cannot be absorbed into our society without a re-thinking of our fundamental immigration priorities and a consequent rewrite and complete overhaul of the INA. In fact, USCIS Director Aguirre in a recent address to a forum sponsored by the U.S. Chamber of Commerce's National Chamber Foundation, as reported by the BNA's Daily Labor Report said,

"that it is time to "face facts" and recognize the need for a "major overhaul" of the Immigration and Nationality Act. Describing the type of change necessary as "major soup to nuts" reform, Aguirre suggested not only that the INA is out-of-date, but that at least some of the changes to the law that have been made [by] Congress have not been "particularly practical in fashion."
Immigration Daily has learned that a rewrite of the INA is in the early planning stages in Congress on a bi-partisan basis and is without regard to what happens in the November 2nd election. The Senate will likely back reasonable legalization legislation as part of a INA rewrite. Regardless of who becomes President, a Presidential signature is highly probable. However, the House will likely be a bottleneck because of opposition by some in the House Republican leadership. If Senator Kerry wins, it is unlikely that he can sway the House Republicans on this issue. However, if President Bush is re-elected, he will likely be able to twist enough Republican arms to ensure passage of legalization. Legalization is the major issue in immigration, unlike what most media reports might lead one to believe. A major re-write of the INA is a lot closer than most attorneys realize. You heard it here first.


Preparing For PERM With Joel Stewart

The curriculum for "Preparing For PERM With Joel Stewart" 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, October 19th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Participating In The Election Process
Sheela Murthy writes "Whether nonimmigrant, lawful permanent resident, or U.S. citizen; your participation in the electoral process is critical."

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:


DHS Adds Actuaries And Plant Pathologists To NAFTA Professions
The DHS issued a final rule adding Actuaries and Plant Pathologists to Appendix 1603.D.1 of the North American Free Trade Agreement (NAFTA) and by modifying the licensure requirements for Canadian citizens seeking admission to the United States as "trade NAFTA" (TN) nonimmigrant aliens.

Electronic Signatures Are Now Acceptable For I-9s
Congress passed H.R.4306 authorizing the use of electronic signatures for employment verification under Section 274A(b) of the INA.

Presidential Debate Excerpt On Immigration
During the third and last Presidential debate, both candidates addressed the issue of immigration.

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 Attorney
Rifkin & Fox-Isicoff, P.A., an A-V rated Miami-based immigration law firm seeks bilingual (English/Spanish) attorney with 2-5 years experience in areas of immigration litigation and family based and employment based immigrant visa processing. Salary commensurate with experience. Excellent benefits. Send your resume only by e-mail/fax to Caridad Anton, Administrator, Rifkin & Fox-Isicoff, P.A. 1110 Brickell Avenue, #210, Miami, FL 33131 Fax (305) 375-9517 e-mail

Help Wanted: Immigration Attorney
Small NYC downtown firm seeks experienced immigration attorney. Litigation and N.I.V. experience a must. Management and organizational skills preferred. Fax resume to 212-766-4380 or e-mail Please provide cover letter and salary requirements.

Help Wanted: Immigration Attorney
San Diego-Based Larrabee & Zimmerman LLC is seeking the right individual to fill an associate attorney position. The successful candidate will have a minimum of 3-5 years of business immigration experience in a high volume, busy immigration office. Excellent writing and verbal communication skills required. Demonstrated ability to handle a large number of corporate clients with overall responsibility for all aspects of their immigration legal needs. Strong substantive knowledge of labor certifications, all nonimmigrant categories, adjustment of status, consular processing as well as NIW, and all EB-1 petitions required. Those with less than 3 years of such experience will not be considered. Experience with family-based, asylum and removal defense not relevant to this position. Salary commensurate with experience. Excellent benefits offered. CA bar membership a plus and will be required for any long term employment. Send your resume and salary requirements to (no calls please).

J-1 Training Visa Sponsor
Discover the ease and flexibility of the J-1 training visa with Aiesec United States. At Aiesec, we provide an unparalleled commitment to customer service, offering 24 to 48 hour turnaround on approved J-1 training visa applications, free consultation on potential training programs and a wealth of information about J-1 training visa regulations. We also offer logistical and cultural reception services in several locations across the country. Our J-1 training visa can be used for individuals to participate in training programs in the following fields: Information Media and Communications, Education, Social Sciences, Library Science, Counseling and Social Services, Management, Business, Commerce and Finance, The Sciences, Engineering, Architecture, Mathematics and Industrial Occupations, Public Administration and Law. You can learn more about Aiesec and the J-1 training visa at or by calling Jim Kelly at (212) 757-3774 ext.222.

Immigration Law Conferences
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 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. 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. Upcoming session locations include: San Francisco, CA - Monday, Oct. 18th, Atlanta, GA - Monday, Nov. 1st. To register, contact Marla Downing at:, (ph) 215-222-8454, x.242, or visit

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:
The last issue of Immigration Daily I received was on October 8, 2004. Please see if there is any problem with delivery.


Editor's Note: Your email was received early on Tuesday, October 12th. Immigration Daily is published each weekday, except on federal holidays (and the day after Thanksgiving). There was no issue published on October 11, 2004 due to the Columbus Day holiday. The next Immigration Daily issue you should have received was in the evening of October 12, 2004. If you continue to experience problems, please let us know at

Dear Editor:
I pride myself for being able to read "in-between-the-lines". The Republican platform smacks of condescending, out-of-both-sides-of-the-mouth talk. The Bush administration has done absolutely nothing for immigrants or immigration. Their culture of fear, and their culture of "no" is well known to immigrants and immigration lawyers. They dont want to assimilate or help immigrants, they want to seal the borders and isolate America from the rest of the world. They want cheap labor, but without strings attached. I am not sure whether the Democrats are any better, but at least we should try a change. With Bush and company we'll just get more of the same.

Jose Monge, Esq.
Lexington, SC


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Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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