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Immigration Daily

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Immigration Daily November 15, 2004
Previous Issues
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PERM - Now, Later, Never?

Although the DOL has made no formal announcement yet on PERM's arrival, the DOL is clearly acting as if PERM is imminent. An iron curtain has descended upon the organization and no official comment is available - such action generally precedes a major announcement. The Transitional Guidance Memo (TG) is another indicator that PERM is on its way. The TG cuts the umbilical cord with the SWAs which was a cornerstone in the proposed PERM rule. With the TG out of the way, the rest of PERM should likely follow soon. It is widely believed that PERM had been held up by the White House due to political sensitivities leading up to the election. Given that the Bush Administration is moving aggressively on immigration matters over the last few days, there may no longer be anything holding PERM back. If our analysis is correct, the regulatory wheels are already in motion and PERM should be upon us very soon. However, forecasting regulations is a hazardous occupation and we could be wrong. The anxiety surrounding PERM's arrival does not help achieve any rational adminsitrative aim. We urge the DOL to end the uncertainty swirling around PERM and officially announce a timeline for PERM.

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


Nurse Immigration (In cooperation with CGFNS)

The curriculum for "Nurse Immigration (In cooperation with CGFNS)" is as follows:

FIRST Phone Session on November 18th: DOL Issues, USCIS Issues

  • Dealing with Retrogression of EB3 numbers for India, China and the Phillippines (likely to happen in Jan 2005)
  • Dealing with delays at USCIS and NVC
  • Arbitrary requirements by USCIS
  • Impact of DOL Transitional Guidance and PERM on Nursing occupations
SECOND Phone Session on December 13th: State Licensure Issues
  • Variations of state licensure of internationally-educated registered nurses
  • Obtaining social security numbers
  • Canadian nurse licensed by endorsement without NCLEX-RN
  • License by endorsement state-to-state
THIRD Phone Session on January 13th: VisaScreen Issues, Consular Processing Issues
  • Elements needed to obtain the VisaScreen Certificate
  • Qualifications for a 212(r) Certified Statement
  • Qualifications for the Streamline Process
  • Provisional considerations for the Canadian Trade NAFTA registered nurse
  • Current issues in Consular Processing of Nurses
The deadline to register is Wednesday, November 17th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Asylum Resource Series: Cuba
USCIS Asylum Resource Information Center offers asylum information on Cuba.

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:


President Bush Nominates Judge Gonzales For Attorney General
President Bush officially nominated Judge Gonzales to be the US Attorney General.

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
Constangy, Brooks & Smith, LLC, a premier management labor and employment firm with 13 offices nationwide and approximately 100 attorneys, seeks immigration attorney with 5+ years experience to join our immigration practice. The position is based in our Atlanta, GA office. Candidate must have strong knowledge of business immigration law, including full range of nonimmigrant and immigrant petitions and labor certifications. The position requires excellent analytical, writing, and case management skills. Candidate must be highly motivated and detail oriented. Position involves extensive client contact. We offer a competitive salary and benefits package. Applicants should send resumes in confidence to:

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.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

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

Dear Editor:
It is a terrible commentary on our times that we choose safety over freedom. History teaches that when freedom evaporates as in totalitarian regimes, people will risk their lives to evade the shackles and gain freedom. Cases in point: the hundreds of balseros who have died in the Florida Straights trying to reach Florida. I am sure other cases can be found.

Alina Antonetti, Esq.
Coral Gables, Florida

Dear Editor:
I have to disagree strongly with Immigration Daily's criticism of Attorney General John Ashcroft. Although it could be true that "future experience may well show that" the DOJ and the FBI are not the best institutions to protect America against a terrorist attack, present reality seems to suggest that they are. It has been over three years since that terrible day, and not a single terrorist attack has occurred in the US in that time and this with our enemies straining every nerve to attack us. You write that his aggressive approach "has sown the wind." Maybe a little perspective is in order here. Let's, as Immigration Attorneys, not forget that we were very much a part of the pre-9/11 immigration system. A system that benefited us for its lazy, dissolute, unserious nature. Let's not forget that 3,000 Americans were killed right here on US soil by 19 terrorists, all of whom were somewhere in the well-oiled immigration system that you believe John Ashcroft has done so much damage to. As to your questioning of Mr. Ashcroft's "principle of liberty" you seem to be alluding to an argument, but you never actually make that argument. I know nothing about "Albion's Seed" nor the "Four Liberties" you place so much emphasis on, and your simply mentioning them doesn't help to lay a sturdy foundation upon which to rest your assertions. Also, you note powers that Mr. Ashcroft has "grabbed" an example would have been nice, not just a bald decree. We are all attorneys in this forum, and we practice in a vital and increasingly important field of law. It benefits no one, to include ourselves, when we posture and pose and fail to lay down a solid, clearly thought out argument in support of our position. For the last four years everyone's been wringing their hands, and sounding the alarm and declaring that John Ashcraft is a disaster for immigration, but in all that time no one's ever bothered to actually make a case against him.

Timothy Redmond, Esq.
Springfield, VA

Editor's Note: For clarification, the four concepts of liberty that Mr. Fischer refers to are: the Puritan "ordered liberty", the Virginian or Southern "hegemonic liberty", the Quaker "reciprocal liberty" and the Backwoods or Frontier "natural liberty". We recommend reading Mr. Fischer's book, "Albion's Seed: Four British Folkways in America", for more on these concepts.

Dear Editor:
Immigration Daily should follow its practice of not straying from immigration issues more assiduously.

Ron Schmid

Dear Editor:
A better title: "Good Riddance, Mr. Ashcroft"

Keith W. Bell

Dear Editor:
If there was an Attorney General advocating only Immigration Daily's preferred interpretation of liberty from one of the following three: "hegemonic liberty", "reciprocal liberty" or "natural liberty", but not "ordered liberty", thereby "elevating his own concept of liberty over all the others" (as Immigration Daily phrased it) would Immigration Daily then be acusing that person of "diminished liberty in America, not enhanced it? If Immigration Daily did not act in a consistent fashion, then that would be intellectual dishonesty.

Dan Ehrlich, Attorney at Law

Editor's Note: Mr. Fischer's point (in his book, "Albion's Seed: Four British Folkways in America") is that it is the tension between all four visions of liberty that keeps the American tradition of liberty alive. He opines, and we agree, that elevating any one of the four over the others would diminish liberty.

Dear Editor:
I suggest that Immigration Daily keep its conservative views on the Leocal v. Ashcroft decision to yourself and not be so pro-Republican. Just relate the facts.

Vanessa Saenz
Nashville, TN

Dear Editor:
In regard to the US Supreme Court's decision in the Leocal v. Ashcroft case, how does this affect documented immigrants that have already been deported throughout the US. Does this give them a means to re-enter the US? If so, what is the process for re-entry?

Priscilla Ramirez

Dear Editor:
I am an attorney who has a limited practice in immigration law. I was informed by a colleague yesterday that they had heard that President Bush's proposed budget for 2006 does not include funding for the H1B program. Have you heard anything about this?

Janetta Sheehan

Dear Editor:
I have a question about President Bush's new temporary worker program. Do you have any idea how long it would take to become effective law? Do you think it will ever become effective?



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Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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