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Immigration Daily

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Immigration Daily November 22, 2004
Previous Issues
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Filing RIRs Without Print Ads

We continue to believe that PERM is imminent based on the actions (or more precisely the inactions) of the DOL. Past history shows that during transitions, adminstrative agencies tend to keep a low profile and the DOL has responded by providing no comment. Once again, we urge DOL to publicly announce the status of PERM as the public's anxiety and confusion surrounding PERM does not serve any reasonable administrative purpose.

Many immigration attorneys are trying to file labor cert cases now under existing regulations before PERM arrives. Unfortunately, there is little time for lengthy recruitments or collecting the advertising evidence to adequately prepare cases. It bears mentioning that nowhere in the regulations does it say that print ads are required for RIRs. However, it is essential to act in good faith during any recruitment underlying a labor certification application. The worst-case scenario, when filing a good faith RIR without any print ads, is remand for regular recruitment. For those attorneys trying to get in under the wire before PERM is published, this may be something to consider.

The holidays offer a good time to take a step back and look at the big picture of labor certification. We recommend Gary Endelman's article, "The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM".

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


Holidays Are The Ideal Time To Advertise

Whether you are a service provider looking to inform the public of your services, an employer looking for the best and brightest in the immigration field, the holiday season is an ideal time to advertise. During the holidays, people evaluate their current situation , ie. vendors and employment. The holidays are typically a time when individuals are open to new ideas and opportunities as many plan ahead for the New Year. If you want reach your audience, now is the time. Place your ad in Immigration Daily because:

  • We are the only daily immigration law periodical -- your ad will appear in three (3) places: in our email newsletter, on our web site, and in our archives.
  • We offer a targeted audience -- with 15,000+ subscribers, what better place to advertise your legal hiring needs or your immigration-related services?
  • We offer national coverage -- unlike regional or local newspapers, ILW.COM readers span the globe.
  • We provide fast service -- since we are a web-based organzation, we are quick and nimble.
  • We provide you with guidance -- we offer suggestions to your ad text to maximize its effectiveness.

For more info. see:
FAQs  |   Testimonials  |   How Do I Place An Ad?  |   Place Your Ad Now


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

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:


USCIS Expands Direct Mail Program For Select Forms
The USCIS announced the expansion of its direct mail program for the following forms: I-485, I-765, and Form I-131.

62 EB-5 Aliens Move Ahead
In Sang Geun An v. US, No. C03-3184P (US District Court Western District Of Washington. Nov. 1, 2004), the court ruled for the Alien Petitioner in an EB-5 case involving 62 plaintiffs pursuant to Ninth Circuit precedent and by overcoming numerous arguments raised by the government.

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
Microsoft Corporation has an immediate opportunity to join our dynamic team in the law and corporate affairs department in Redmond, Washington. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your response in Word format to Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.

Help Wanted: Immigration Attorney
For over 45 years, Jackson Lewis LLP, a national employment and labor law firm has been exclusively representing management. Jackson Lewis seeks an immigration attorney in its Miami office for its immigration practice group. 7-10 years experience in employment based immigration law preferred. Candidate must have excellent communication (verbal + written skills) and case management experience. Send resume and writing sample in confidence to Judi Sebastian by fax: 305-373-9966 or e-mail: EOE.

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:

Credential Evaluation And Translation Service
As the industry leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry - $50 Educational Evaluations, as well as $200 'Expert Opinion' Work Experience and Position Evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including Same-Day service for Educational, Work Experience and Position Evaluations. For a complete list of their prices and turn-around times, please see: . Additionally, AETS provides certified translations in over 100 languages, with translators that are specialists in over 80 fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit the website at or send AETS an email:

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:
What is the H-2B work visa program if not a "guest worker program"? If the law makers and state department and BCIS would stop making the H-2B Program so difficult to manage and enforce the labor laws regarding employment of illegals there would be no need for another "visa" program. USCIS can not seem to handle all the visa options now in the mix and most USCIS and ICE staff do not know the regulations on them that they are suppose to be in charge of. It seems USCIS makes it harder for the legals to work with in the H-2B program then anyone does the illegals. Where is commonsense?

An employer representative in processing and recruitment of legal non-immigrants

Dear Editor:
Since Thanksgiving is near, I would like to take the time to share with Immigration Daily readers what I am personally thankful for this year. First, I am thankful for no increase in the much abused H-1B visa cap. Second, I am thankful for no new amnesties that reward illegal aliens from making it across the border undetected. Finally, I am thankful for the opportunity to express my First Amendment right to free speech in this forum for the benefit of the American worker.


Dear Editor:
I can understand Immigration Daily's self-promotion agenda since the amount you can bill your clients and the government for your legal services goes down, but to call those that want less H1B and H2B visas anti-immigrationists is another low for the legal profession. If my wife and I decide to not have children or to only have 1 child are we anti-child? No. We choose to "limit" our children just like we should limit the number of immigrants coming in the US. Interesting, countries like Japan, China and India have strict immigration rules. Why can't we? The Washington Post just had a recent article that showed that the unemployment rate for Computer Science, IT and Engineering professionals has surpassed the national average. If unemployment has gone up for these professions then we should reduce H1B visas, not increase them. Increasing them at this time suggests that there is another reason to increase them and that is to get cheaper labor and lower the wages for US workers. Simple supply and demand. More workers equals more of a surplus given that unemployment for these professions is on the rise.


Dear Editor:
If you have any pull with some of these lobbyists, one very simple H1 relief rider would be to exempt fashion models, etc, the H1-B3 category, from the cap. I do many modeling visas. They clearly do not take away American jobs, as they have unique looks, etc. And they count towards the cap, depriving others of this relief. I've called some of the major agencies.

Michael Walker
President, Townsend Immigration Group

Dear Editor:
I need some help in finding a document. I do a lot of mainland China asylum applications. Approximately six weeks to two months ago, an IJ mentioned that the State Department had a new country profile package for China, the first update since 1998. The TA on that case said she had seen it, but didn't have it. I've had a dozen cases since then and the TAs don't have the profile. We can't find it online. I am certain if the profile helped the government's position, I'd have 13 copies by now. I strongly suspect it supports Asylum applicants. Anyone have it? Anyone know how I can get it?

Dorothy A. Harper

Dear Editor:
The article "The Stupidity Of The H1B Quota System" by Xavier Augustin might have been more significant if it weren't for the fact the author represents a company which makes profits based upon bringing foreign workers to the US. Yes, lets hear an article on white supremecy by the KKK or an article on abortion by a Abortion clinic. Give me unbiased article from a non-partisan scholar. Where's the counter-argument? Let the rich get richer, story by a billionare. Why not give both sides of an argument? Yes, its obvious ILW.COM is only interested in generating profits in helping employers/individuals in migrating to the US. It's too bad that ILW.COM is not concerned for individuals that might be detrimentally harmed by your actions like US workers. Fortunately, ILW.COM and I are located in the US so that we can voice our opinion. Yes, I do read Immigration Daily. I believe that its important to hear all sides of an issue unlike ILW.COM which does not subscribe to posting an opposing argument.

Scott Warren


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New Position
Long-time advocate and immigration law expert Christina DeConcini joined the National Immigration Forum earlier this month as Director of Immigration Policy. DeConcini will oversee the Forum's policy work and legislative activities on immigration- and immigrant-related priorities. Most recently, she was the Director of Public Education and Advocacy for the Catholic Legal Immigration Network, Inc. (CLINIC), a nationwide network of immigration legal service providers.

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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