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Immigration Daily October 29, 2004
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Wikipedia And Immigration

A wiki is a collaborative Web site comprised of the perpetual collective work of many authors, and allows anyone to edit, delete or modify content that has been placed on the Web site (definition posted at Webopedia). Wikipedia is a collaborative web-encyclopedia. Take a look at Wikipedia's immigration section. Anyone wishing to learn about immigration on Wikipedia will find that the collection of external links offered includes a preponderance of anti-immigration organizations. We encourage those who are pro-immigration to add pro-immigration links which will hopefully, more accurately portray immigration issues in the US. If the pro-immigrationists lose the PR battle, on the web or elsewhere, this will set the stage for adverse provisions within the immigration statute in the future.


Half Of PERM Is Already Here

The PERM proposed rule has two distinct components - (1) The substantive and (2) The structural. The substantive part of the rule includes the well-known provisions concerning attestations, audits, business necessity, etc. - this part has gotten the most press until recently. However, it is the structural part of the PERM concept which is perhaps where the impact on labor cert processing is much greater - the structural part consists of the elimination of the SWAs from the process, and centralizing/federalizing the labor cert program. Through the backlog reduction rule promulgated in August, and through the recent Transitional Guidance Memo (the TG) issued by the DOL, the structural changes contemplated in PERM have been almost completely implemented. Attorneys should realize that the TG portends greater practical change in the LC program than even GAL 1-97 did many years ago. And this change is not theoretical, it is already here - for example, the California Regional Office of the DOL has been more or less eliminated at this point (save for a very small number of active cases). We believe that the impact of the TG should not be underestimated. The TG will be among labor cert issues discussed at the final session of "Preparing For PERM With Joel Stewart" The deadline to register is Wednesday, November 3rd. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Can A Solo Ever Take A Real Vacation?
Kimberly Fanady, Esq. writes "Yes, a solo can take a real vacation. Not only can you - you must."

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CRS Report On Visa Waiver Program
The Congressional Research Service released an updated report on the Visa Waiver Program.

BIA Has No Discretion To Waive Living Sponsor Requirement For Employment-Based Visa Petition
In Mahabir, et al. v. Ashcroft, No. 03-1059 (1st Cir. Oct. 22, 2004), the court said that under 8 CFR 1205.1(a)(3)(iii)(B), the BIA may not waive the requirement of a living sponsor for an employment-based visa petition, in marked contrast to the authority given in 8 CFR 1205.1(a)(3)(i)(C), which provided "humanitarian" discretion in the Attorney General to grant an adjustment upon the death of a relative where the family-based or immediate relative petition for adjustment was based on relative status.

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Help Wanted: Immigration Attorney
Fast-paced, nationally recognized immigration law firm based in Washington, D.C., seeks a highly motivated, detail-oriented associate. Immigration experience, strong organizational, research, writing & interpersonal skills required. Spanish fluency a plus. Great opportunity for individuals interested in challenging, exciting work. Competitive salary/benefits. Visit Send resume, writing sample, salary requirements + references to Amal Talhame at: Maggio Kattar, 11 Dupont Circle, N.W., Ste. 775, Washington, DC 20036 or No calls please.

Help Wanted: Immigration Paralegal
Levine & Associates, an immigration firm in the Ballston Section of Northern, Virginia seeks self-motivated, independent and productive paralegal with 3+ years of relevant experience. Salary based on experience and ability. Fluency in Spanish is desired but not essential. Practice involves family-based and employment-based petitions. Paralegal will have oppportunity to work under supervision of two attorneys, including the senior partner. Collegial, open office with a professional "family" atmosphere. Benefits include: free parking, medical insurance participation, and 16 days off per year. Ideal position for the clerically accurate, people-oriented, intelligent individual. Flexibility a must. Fax resume to Aaron Passon at: 703-527-4473.

Help Wanted: Immigration Attorney
Do you want to join a winning team? Are you energized by challenging opportunities in immigration law? If so, read on: Paparelli & Partners LLP, an internationally prominent, well-established West Coast immigration law firm with a focus on employment-based immigration seeks an experienced immigration attorney who is a self-starter and a team player for its new Manhattan office opening in January 2005. The successful candidate has (1) 3+ years of substantial experience in employment-based immigration (family-based immigration, deportation-defense and the immigration consequences of criminal convictions all a plus), (2) excellent writing, communication, technology and people skills; (3) NY state bar membership; (4) verifiable references and high ethical standards; (5) a track record in motivating, managing and leading immigration paralegals; (6) proven talents in marketing and business origination; (7) a passion for immigration law and for helping people; and (8) a desire to work with a diverse and top quality team who mirror excellence in client service and dedication to advancing the field of immigration law. If you have a drive to succeed and meet our requirements, then send your resume and letter describing your interest, qualifications, financial requirements and career goals in strict confidence to

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.

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

Dear Editor:
How can I find a copy of the February 2004 Visa Bulletin?

Peng Chan

Editor's Note: While ILW.COM does not archive past Visa Bulletins,the most recent Visa Bulletin is always posted at our processing times section.

Dear Editor:
I read with interest Mr. Noh's article on the consular officers in Seoul refusing E visas to employees of several large public companies traded on the Seoul exchange. The consular officers' thinking was that the companies no longer have Korean nationality because a majority of their shares are owned by non-Koreans. I work with one of the companies he mentions, and when this issue arose a couple months ago, the Visa Office at that time advised the E visa officer in Seoul not to refuse E visas to Korean employees of the company, at least, not on the nationality ground. The company has not had this problem since then.

Elise A. Healy
Baker & McKenzie LLP


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