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Immigration Daily November 9, 2004
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Labor Certification Update

Immigration Daily has learned that work on labor certification applications, both regular and RIR, by many SWAs has been stopped. The SWAs continue to process H2A, H2B, prevailing wage requests, and those labor certification applications for which processing is ongoing. The Transitional Guidance Memo (TG) is a breakthrough, indicating that the structural components of PERM are already here. This marks a major cultural shift for the SWAs. To learn more background information on the SWAs' relationship with DOL, see Gary Endelman's article, "The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM". The TG did not contemplate that the SWAs would react in this fashion. However, DOL is, to all appearances, acting on an accelerated schedule in the centralization of the labor certification program. Immigration Daily will help you stay on top of this issue.

We welcome readers to share their opinion and ideas with us by writing to


Deadline Is Tuesday, November 9th For Unraveling The Mysteries In Adjustment Of Status

The detailed curriculum for "Unraveling The Mysteries In Adjustment Of Status" is as follows:

SECOND Phone Session on November 10th:


  • Deciding between Adjustment vs. Consular processing
  • Reasons why to favor adjusting
  • Reasons why to favor Consular
  • Designating choice on I-140 - locked-in?
  • Prospect of visa number backlogs again

  • INA 204 (j) & the Yates Memo
  • When to notify CIS of the change in jobs
  • Gap in employment between jobs
  • What is "same or similar" ?
  • Cut in pay at new job?
  • New employer's ability to pay?
  • Firstland case
  • Portability & concurrent filing - impact of the Fujie Ohata memo dated 3/31/04
  • Portability and consular processing

THIRD Phone Session on December 2nd:


  • EAD extensions - timing
  • Maintaining nonimmigrant status
  • Advance Parole (General Rule) - 8 CFR 245.2(a)(4)(ii)(A) & (B)
  • Renewing Adv. Parole & Travel Limitations
  • Timing for Adv. Parole extensions
  • Exception for H-1B & L-1s and their dependents - 8 CFR 245.2(a)(4)(ii)(C)
  • May 25, 2000 memo on the rules for H-1Bs & L-1s
  • Common scenarios
  • Advance Parole & portability cases
The deadline to register is Tuesday, November 9th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


News From CLINIC's Case Files: Issue Three
Catholic Legal Immigration Network, Inc.'s Division of Public Education and Advocacy provides examples of vulnerable immigrants and developments that negatively impact the population served by its affiliate agencies.

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DOS On DV-2006 Lottery
The Department of State announced application instructions for the 2006 Diversity Visa Program (DV-2006).

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Help Wanted: Immigration Paralegal
Morgan, Lewis & Bockius LLP, a large international law firm, is seeking an experienced Paralegal to work directly with the Immigration Practice Group in our Washington DC office. Candidates must have at least two years of business immigration experience in employment-based immigrant and non-immigrant categories. Candidate must possess strong organizational, research and writing skills. Knowledge of PC applications and flexibility to work overtime are required. An undergraduate degree is required. We offer an excellent compensation and benefits package, outstanding work environment, and comprehensive support to enable our Immigration Paralegals to assume significant responsibility, including contact with clients. Please email: or fax: 202-739-3001 your resume to Robin McKinney. EOE.

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.

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

Dear Editor:
I am a USC and last year I married a Russian citizen in the Dominican Republic (DR). I immediately contacted USCIS to apply for her visa. First I was told to apply for (I-130) which I filed immediately; after 2 weeks USCIS said that it would take more than 1 1/2 year to obtain this type of visa. I called back immediately and they asked me to apply for a non-immigrant visa for her to come to the US (I-129F), and promised that this type of visa would take 2-3 months. On April 23, 2004, I received my wife's visa approval asking me to contact the NVC for an update on when the visa will be sent to the US Consulate in Santo Domingo (SD). My wife and stepson have been living in the DR waiting for a phone call from the US Consulate in SD, they have been under a lot of stress and they have been receiving poor medical care. Under a lot of pressure from US Congressmen, the US Consulate in SD granted an open visa interview to my wife. At the interview on October 26, 2004, she was asked to furnish additional proofs of marriage by the Consulate officer. On November 1, 2004, we both went to the US Consulate in SD, and after they forced us to wait outside the Consulate, last in line, we met with the consular officer. We were told that we must wait until they received our approved fingerprints from Washington. I started questioning the officers. At this point, the officer called her supervisor who showed up yelling "If you don't stop, I will have you escorted out". Do my tax dollars go to pay for these people salaries? We are still waiting.



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An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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