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Immigration Daily

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Immigration Daily November 30, 2004
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A Faustian Bargain

The 2005 Omnibus Appropriations Bill (H.R. 4818) will become law after a technical correction unrelated to immigration has been completed (see here for the immigration provisions). Immigration Daily will continue to report on the statutory language, on Federal Register activity connected to the changes, and legal commentary, and other important documents in connection with these events as they unfold over the coming months.

However, there are some policy considerations on H and L visas that have not yet been widely discussed. Firstly, the L and H visas have now been linked on Capitol Hill, begetting more complex political battles in the future. The new H1B visa provisions include many of the sunsetted provisions from ACWIA. This time, however, the compromises are permanent and do not have a sunset. Former Sen. Abraham's ill-advised linkage of a training fee for H-1B visas is now back permanently. The training fee stands contrary to the premise of the H-1B visa program - that H-1B workers ultimately benefit the US. Sen. Abraham's fees continue to increase and multiply - the newest fee is a "fraud prevention and detection fee".

The miniscule H relief obtained at very high cost once again highlights the need for a more workable guest worker program. With President Bush determined to use some of his political capital on pushing his historic immigration vision, perhaps the H-1B conundrum will be solved in the same legislative sweep early next year.

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


Deadline Is Tuesday, November 30th For 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:


Joel Stewart's BALCA Review (November 30, 2004)
Joel Stewart provides a summary of recent BALCA decisions.

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:


DHS And DOJ Publish Final Notice On Safe Third Country Agreement On Asylum
The DHS and the DOJ published final rules in the Federal Register implementing the Agreement between US and Canada regarding asylum claims made in transit and at land border ports-of-entry and effective December 29, 2004. For the DHS final notice, see here. For the DOJ final notice, see here.

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
Tired of the cold? Why not join us in sunny Arizona, 20 minutes from downtown Phoenix? Employment-based firm with Fortune 500 clientele seeks a full-time lawyer to join our team. Must have at least two years employment immigration experience, excellent research and writing skills, and an exceptional client service approach. Experience with J-1 waiver/NIW physician cases a plus. Excellent salary and benefits including health, dental, vision, long and short term disability, retirement benefits, and paid AILA conferences. Arizona offers year-round hiking, camping, boating, professional sports and the Grand Canyon. Email cover letter with resume + salary requirements to Theresa M. Talbert:

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:

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:
There was an interesting article I read recently regarding the decrease in foreign exchange students coming to the US due to the costs the schools have to incur to educate these students. If the federal government could deport all of the illegal aliens who have stretched our school budgets beyond repair then more deserving students would be able to partcipate in such beneficial programs.


Dear Editor:
I hope the new Congress' first priority is to establish impenetrable borders so everyone who enters the US does so legally without the hope of any new amnesty proposals.

O. Sanchez

Dear Editor:
The 9/11 terrorists were not immigrants. They were "aliens" in nonimmigrant status and, evidently, did not intend to set roots in the US. Plain incompetence from intelligence and law enforcement agencies, despite the billions of dollars invested, let them perpetrate their plan. Also, skilled immigrants usually bring costly education with them and, many times, capital of their own. Concerning the examples of immigrants in Mr. Alexander's letter, it'll great if anyone can show that crime rates among legal immigrants are higher than for any group of the native population.

Washington DC

Dear Editor:
Have a great Thanksgiving Day. I send my warmest wishes to Immigration Daily and its readers.

Loid Kim

Dear Editor:
If immigration is so good for trade, then why is it that after years and years and years of high immigration and H1-B, the US is running record trade deficits (that is, our imports from other countries exceed our exports)?

Ali Alexander


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

New Office
The Law Office of Karen H. Pennington has moved to 1301 Northwest Highway, Suite 212, Garland, TX 75041. The new telephone number is (214) 703-0627 and the new fax number is (214) 703-0629. The office will continue its primary practice of immigration law, particularly the representation of immigrants in removal proceedings before the EOIR and BIA and in immigration litigation before the federal courts.

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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