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Immigration Daily November 17, 2004
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H1B And H2B Relief Coming

Congress has reconvened and is expected to pass the FY 2005 omnibus bill appropriations package very soon. This omnibus bill will likely contain provisions to provide relief for the H1B and H2B quotas. This congressional action will surely be welcomed by many in the immigration bar.

Unfortunately, the H-1B quota debate overlooks the actions of one pivotal party: middlemen. More importantly, it ignores the speculation engaged in by middlemen between US employers and H-1B professionals in response to an artificial quota. This speculation exacerbates the ill effects of an artificial quota (see today's Article for more).

For the last seven years, Congress has been dragged into the annual ritual of the H-1B quota fight. We believe that Congress is getting tired of this issue. The likely elimination of the H-1B cap for those with advanced degrees can be understood as the first step in Congress's plan to extricate itself from what has become a fruitless debate and let market forces have a greater say in this part of immigration policy. This augurs well for the sweeping immigration reform debate in the months ahead.

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


Deadline Is Wednesday, November 17th - 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:


The Stupidity Of The H1B Quota System
Xavier Augustin writes "Whether it has been for the import of Japanese cars or Indian programmers, import quotas have always been bad for the players in the US domestic industry, here is why."

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EOIR Releases Latest Disciplinary Actions
The Executive Office for Immigration Review announced its latest disciplinary proceedings: seven attorneys were immediately suspended; three received final orders.

"Forced" Abortion Does Not Require Physical Restraint
In Ding v. Ashcroft, No. 03-71013 (9th Cir. Nov. 8, 2004), the court said that "an asylum applicant seeking to prove he was subjected to a coercive family planning policy need not demonstrate that he was physically restrained during a forced procedure. Rather, "forced" was a much broader concept, which included compelling, obliging, or constraining by mental, moral, or circumstantial means, in addition to physical restraint."

DOS Clarifies Standards Of Custody For Passport Issuance To Minors
The Bureau of Consular Affairs of the Department of State issued a clarification on passport issuance to minors.

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.
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Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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