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Immigration Daily October 21, 2004
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Economics 101

The reaching of the FY 2005 H-1B cap has prompted suggestions to carve out an exemption for holders of Masters and Phd degrees. The implicit reasoning behind this advanced degree exemption is that American advanced degree holders are well-equipped to handle competition from alien workers and do not need the same level of protection that Americans who are uneducated would need to compete against imported labor. Examples of higher levels of protection for lower skilled Americans are the "dual temporary" concept and the lack of dual intent in H2Bs, H2As, etc.

The rationale that alien lower-skilled workers need to be capped and not higher-skilled workers flies in the face of the basic principles of economics. Low-skilled workers, if displaced, could only find employment in jobs suitable for low-skilled workers. Highly skilled workers, on the other hand, can perform both high skilled jobs and low-skilled jobs. In other words, displaced high-skilled workers compete both with other high-skilled workers and low-skilled workers. Thus, importation of highly skilled workers is more threatening to the American labor market because the highly skilled worker can cause adverse consequences to both low-skilled and high-skilled workers.

We are not opposing the advanced degree exemption for the H-1B quota. However, our grounds are radically different from the proponents'. We believe that productive immgrants, regardless of skill, expand American output and are therefore to be welcomed. It is true that some will increase output more than others, but output is a combination of quantity and quality, and not quality alone. For example, 100 lettuce pickers may well deliver more output than 1 programmer. Our point is merely that to the extent that Congress seeks to build in protection for domestic labor in the immigration statute, such protections should be targeted at higher-skilled immigrants and not lower-skilled immigrants. So, while we welcome the advanced degree exemption, we call for a complete elimination of the H2B cap as the first step in rationalizing labor import policy (elimination of the "dual temporary" concept and extending dual intent to H2Bs would deliver even more economic benefits).


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Highlights From AILA's Second Annual Global Summit 2004 - Thinking Beyond Borders
Ann L. Lipson, Esq. writes "So, did the presentations live up to the promised objectives? Reflecting on the sessions through a global lens, what did we learn?"

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DOL Issues FY 2005 Transition Guidance For Labor Certs
The Assistant Secretary for Employment and Training of the Department of Labor issued the FY 2005 Transition Guidance for foreign labor certification.

DOS Cable On New Initiative To Facilitate Business Travel
The Department of State issued a cable to all consuls detailing its new initiative to faciliate business travel.

DOS Spokesman Responds To Visa Check Improvements
During a Department of State press briefing, DOS Spokesman Boucher responded to the question, "One of the things he pointed out was that we're speeding up the whole visa process, student visas, tourist visas, business visas; it's getting a lot better."

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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 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 and cover letter to Ms. Michele A. Buchanan, Esq. at Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.

Help Wanted: Immigration Attorneys
Berry Appleman & Leiden LLP, a global corporate immigration law firm, seeks Associate Attorneys with 3+ (Senior Associates with 5+) years of 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. Please submit your resume via email to or by fax to 415-391-1642.

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.

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

Dear Editor:
I am offended by "Name Withheld by Request" questioning the "ethics" of my hiring an employee of a CIS contractor as a paralegal. If "Name Withheld by Request" believes there is an ethical issue, then he/she should state it, and belly up to the bar and state their name, rather than casting me in a false light by mere innuendo, then hiding behind their black cloak of anonymity. To set the record straight, in fact, my paralegal has absolutely no contact with adjudicating personnel at CIS, and there is no conflict, and no ethical question - I believe "Name Withheld by Request" realized that when he/she used the word "albeit", whatever that means, but couldn't resist taking a cheap shot. After practicing civil litigation and immigration law for 27 years, I believe I can tell when there is, and there is not, an ethical issue.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
If you could be so kind as to e-mail me links to INS documents, INS documents or BIA decisions where it is clearly stated that overstaying it is not applicable to Cuban Visitors waiting for the year required by the CRAA to register as permanent residents.

I. Mancilla

Editor's Note: Try using our advanced search to find the item(s) of interest to you.

Dear Editor:
In the article "An Opinion Of President Bush's Immigration Score Sheet And Fall Musings", Tom Davis (R-Virginia) a representative from my place has been wrongly termed as anti-immigrant. I never heard him supporting any anti-immigrant measures. On the contrary, he is popular among the recent immigrants and even Democrats in Fairfax county.

Bala Kammela


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