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Immigration Daily

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Immigration Daily November 29, 2004
Previous Issues
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Happy Thanksgiving

Immigration Daily wishes you a happy and safe Thanksgiving.

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


Unraveling The Mysteries In Adjustment Of Status

The curriculum for the December 2nd phone session of "Unraveling The Mysteries In Adjustment Of Status" is as follows:

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 30th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


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

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 Announces Address Change For Certain Immigration Filings
USCIS issued a press release announcing individuals filing: Form I-485, I-765, and I-131 should mail their forms directly to the Chicago Lockbox instead of submitting them to their District Office. This change will be implemented in two phases and is effective December 1, 2004, for those aliens described in Phase One, and effective April 1, 2005, for those aliens described in Phase Two.

US And Canada To Implement Safe Third Country Agreement On Asylum
USCIS issued a press release announcing a bilateral agreement between the US and Canada affecting asylum seekers at US-Canada land border ports-of-entry, and transiting through the US or Canada during removal by the other country.

DOS Responds To Whether DOS Supports H-1B Visas
During a Department of State press briefing, Deputy Spokesman Adam Ereli responded to the following query, "Does the State Department support this policy of bringing ... more foreign-born high-tech visas?

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
Are you getting RFE's when you use other credential evaluation companies? American Evaluation and Translation Service, Inc. (AETS) provides 'Expert Opinion' Position Evaluations and Work Experience Evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS evaluations are consistently accepted by the USCIS because the evaluations are completed by PhD Professors from four different universities with expertise in most major academic fields. AETS also provides the most competitive rates in the industry -$50 educational evaluations and $200 Position and Work Experience Evaluations. AETS offers a variety of turn-around times, including Same-Day Educational, Position and Work Experience Evaluations. For a complete list of 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 send an email to or simply fax the documents to (786) 524-0448 or (786) 524-3300.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Readers are welcome to share their comments, email: (300-words or fewer preferred).

Dear Editor:
Here are some of the issues that are currently unresolved in the legislation. (1) Does the new 100% prevailing wage requirement apply to only H1b petitions or also to Labor Certifications? because there is reference to 212(a)(5)(A) dealing with prevailing wages in the Labor Certification context. The heading of Section 23 of the Reform Act reads "H1B Prevailing Wage Level", it may be expansive to include L/C prevailing wages since 212(p) deals with computation of prevailing wages for both H1Bs and L/Cs - both may be at 100% of the prevailing wage as of enactment. (2) Does the advanced degree exemption apply to current FY applications that are pending adjudication or only to new H1B petitions to be filed after 90 days? If it applies to current pending adjudications, will new cap subject numbers be freed up for this FY? (3) Will USCIS redo form I-129 W to account for the new 20,000 exemption cap? Will this exemption only kick in for applicants who don't qualify under other exemptions such as higher education, 214(l), etc.? (4) How will DOL determine Level 2 and 3 for prevailing wage purposes? Will there be guidance or are petitioners expected to file for prevailing wage determinations with SWAs? (5) Here's a crude model of new prevailing wage levels, as follows: There will be at least 4 wages listed based upon experience, education and supervision. Wage 1 will be current Level 1 prevailing wage; Wage 2 will be Wage 1 + 1/3 of the difference between current level 1 and 2; Wage 3 will be Wage 1 + 2/3 of the difference between current level 1 and 2; Wage 4 will be Wage 1 + 3/3 of the difference or, in other words, Level 2. For those who disliked Math in grade school, here is an example: Current Level 1 is $60,000. Current Level 2 is $150,000. Difference between Level 1 and 2 is $90,000. 1/3 of $90,000= $30,000. New system: Wage 1= $60,000. Wage 2= $90,000 ($60,000 + $30,000 (1/3 of $90,000)). Wage 3 = $120,000 ($60,000 + $60,000 (2/3 of $90,000)). Wage 4 = $150,000 ($60,000 + $90,000 (3/3 of $90,000))

Salima Khakoo, Associate Attorney
Ingber and Aronson

Dear Editor:
In response to yesterday's comment, isn't the $500 fraud fee effective immediately?

Scott Goldsmith
The Margolis Law Firm

Editor's Note: The provisions of the Fraud and Detection Program will be effective immediately; however, the $500 fraud fee will be effective 90 days after the Bill is signed into law according to the relevant section of the Omnibus Appropriations Bill FY 2005 - "(c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act, and the fees imposed under such amendments shall apply to petitions under section 214(c) of the Immigration and Nationality Act, and applications for nonimmigrant visas under section 222 of such Act, filed on or after the date that is 90 days after the date of the enactment of this Act."

Dear Editor:
Sebastian, in his recent letter, suggests that "Chucky will do better in looking after the "American worker," which sounds like a buzzword from a Marxist manifesto, by supporting free trade, less government spending and individual responsibility." "Free trade" - such as the prohibitions on steel imports imposed by the first Bush administration to appease voters in steel producing states? Or the continued prohibitions on the importation of drugs from Canada? "Less government spending"by running record federal deficits, fueled by defense spending for a war we started? "Individual responsibility"but let the government interfere with my personal decisions about sex and pregnancy? Sebastian also says "free movement of workers" is necessary for free trade. No such thing. When workers move here, that is not "trade", but immigration. We do not "import" just a person's labor, but the person, and usually his or her family as well. They become part of our workforce and our population. Work they produce here goes on our GNP, not on the current account in the balance of trade. Business (and our government) talk out of both sides of their mouths - they want trade protection for businesses while mouthing platitudes about free trade; they want to pay Third World wages in this country, while charging First World prices for the goods produced. As for Sebastian's citing of illustrious immigrants, well, bear in mind the many infamous immigrants who have also "contributed" to this country, including Ponzi who invented the Ponzi (pyramid) scheme, many mafia figures, more than a few rapists, murderers, and child molestors, as well as the 9/11 terrorists.

Ali Alexander

Dear Editor:
The law permitting any person born on United States soil to be a "natural born citizen" is based on civil war era conditions and the 14th amendment. They are contorted and antiquated and should not apply. The world is a different place and those who say laws must change with the times are those who should acknowledge it. This law should be repealed. It is not fair that a non-citizen can give birth to a "natural born citizen". And what is this we hear about a bill to provide medical benefits to illegal aliens. If it had a deportation amendment, maybe the people could support it.

Peter Griswold


Readers can share their professional announcements (100-words or less at no charge), email:

After conducting six months of independent research with 258 lawyers and in-house counsel in 25 separate jurisdictions, Who's Who Legal named California attorney Angelo Paparelli as the "World's Leading Lawyer for Corporate Immigration Law" in the 2005 edition of The International Who's Who of Corporate Immigration Lawyers. The publication also listed Angelo's Partner, Yoshiko Robertson, as among the Who's Who of business immigration lawyers. Angelo is the Managing Partner of Paparelli & Partners LLP.

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Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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