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Immigration Daily

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Immigration Daily March 28, 2005
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Major DOS Cable

Secretary Powell issued a cable on 214(b), highlights follow:

  • 214(b) should not be confused with or used as a substitute for an independent ground of inadmissibility under INA 212(a).
  • H-1, L, and V visas are excluded from the presumption established in 214(b)
  • There are no immigrant intent provisions triggering 214(b) in the A, C, D, G, I, K, N, O-1, R, S, T, and U categories
  • 214(b) should not be used as or equated with the 212(a) ground of inadmissibility which relates to terrorism
This cable offers immigration attorneys with clients who have 214(b) problems support to forcefully argue, where applicable, that the consular officers' decisions were not grounded in the INA. We commend the Department of State for reminding consular officers that only Congress makes immigration policy, and that consular officers are entrusted to correctly apply the INA.

We stand by our position that 214(b) is bad policy for the US. One of the major attractions of the H-1b category is that it is exempted from 214(b). Our consular officers' primary duty in the post-9/11 world should be anti-terrorism, they are not, and should not be construed to be, guardians of the American labor market. The futility of 214(b) can be clearly seen in the temporary guest worker program that Congress is considering which will quite obviously be exempt from 214(b). We call upon Congress to abolish 214(b) and roll out the red carpet for immigrants that our country's economy badly needs.

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



"Labor Certification by Joel Stewart - THE PERM BOOK" consists of four parts:

  1. A detailed section-by-section interpretation of the PERM rule by Joel Stewart and his lengthy commentary on the rule
  2. A "How To" section with Joel Stewart's tips on filling out Form 9089
  3. Articles by many noted practitioners on specific topics arising from the PERM rule
  4. Useful resource material including: The PERM rule, key Department of Labor contact information and jurisdiction, Full SOC Definitions for occupations surveyed by OES in SOC code order, and DOL memos on Prevailing Wage.

At over 500 pages, this is an essential reference tool for serious labor certification practitioners. Orders for this book will be shipped according to the principle first ordered, first shipped (expected publication April 05). For more info, and to order, see here.


I Came To The US And All I Got Was This Orange Jumpsuit: Age Determination Authority Of Unaccompanied Alien Children And The Demand For Legislative Reform
Jennifer Smythe writes "It is a great shame that the US continues to offer little protection to unaccompanied alien children whose ages are in question."

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:


DOS Cable On 214(b) Says Refusal Is Not Equivalent To Inadmissibility
In a December 2004 cable, Secretary Powell issued a Department of State cable to all diplomatic and consular posts clarifying INA 214(b), that the basis of refusal is not equivalent to inadmissibility or immigrant intent.

EOIR Announces Latest Disciplinary Actions
The Executive Office for Immigration Review has released the latest disciplinary actions: 4 Attorneys were immediately suspended; 3 received final orders; 1 was reinstated.

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 Paralegal
Immigration law firm seeks immigration paralegal/legal assistant with 2+ years of experience in employment-based IV, NIV, family-based IV, naturalization, adjustment of status, and consular processing. Position based in Montgomery County, MD. College degree or paralegal certificate preferred. Significant work experience considered in place of formal education. Superior analytical, organizational, and communication skills. Proficient in word processing, spreadsheet, and immigration forms applications. Heavy client contact, legal research, and immigration petitions. Excellent salary/benefits package. Send resume + salary requirements to: or fax: 301-468-0751.

Help Wanted: Immigration Attorney
The Law Offices of Jessica Dominguez has immediate opportunity for an immigration attorney to work on a wide range of cases in a diverse, full-service immigration law practice based in Sherman Oaks, CA. Attorney will represent clients before immigration officers and in immigration courts including employment-based IV, NIV, family-based IV, and naturalization. Excellent legal research/writing and outstanding communication skills needed. Ideal candidate has 2-4 years of experience -exceptional, motivated candidates with less experience are also encouraged to apply. Candidate shows initiative and works independently. Spanish language a plus. Great office environment and wonderful clients. Send cover letter, and resume to Jessica Dominguez: All replies will be treated in the strictest confidence and references will not be contacted without prior approval.

Labor Certification Advertising/Recruitment
Computerworld can continue to assist you with your Labor Certification recruitment advertising needs. Place your 2nd recruitment ad in Computerworld's IT Careers section, the #1 place for all of your IT immigration advertising. We offer prompt, courteous service and have the most competitive advertising rates, most times even lower than your market newspapers. Our staff will tend to your needs from ad layout and design to immediately sending tear sheets once the ad is published. Our deadlines are the Thursday prior to the Monday issue date. You can also rely on us to help you fulfill your additional recruitment steps for professional IT positions. We offer 30-day online job postings on that reach highly specialized IT professionals, while offering you the most competitive job posting rates. Don't delay, call us today to place your IT recruitment labor certification ad and job posting! For more information, please call 800-762-2977 or email us at

Help Wanted: Immigration Paralegals
The Law Offices of Jessica Dominguez has an immediate opportunity for two experienced paralegals, with experience in family-based immigration visas and/or business visas for its law offices based in Sherman Oaks, CA. Must have experience in the following: non-immigrant, work-related visas, including H-1Bs, and L-1s, labor certifications, and consular processing. Spanish a plus. Must have excellent organizational, written, computer, and verbal skills, and possess the ability to work with minimum supervision. We offer a friendly office environment and wonderful clients. Please e-mail cover letter and resume to Jessica Dominguez: All replies will be treated in the strictest confidence and references will not be contacted without prior approval.

Help Wanted: Immigration Attorney
Mitchell C. Zwaik & Associates, a growing broad-based immigration firm in Suffolk County, New York seeks 1-2 associates for immediate opening. Must have excellent research, writing & case management skills and at least 1-3 years experience in either litigation/appeals (EOIR, BIA, mandamus, petitions for review) or business immigration (labor cert., H-1B, L-1A, E-2). Some Saturday work required. Send cover letter with salary requirements, resume and writing sample to Mitchell Zwaik:

Help Wanted: Immigration Paralegal
Grotta, Glassman & Hoffman, P.A. seeks an experienced full-time immigration paralegal sought for a high volume, fast-paced corporate immigration practice in Roseland, NJ. 2+ years of experience preferred in preparation of employment-related USCIS/DOL filings (all components, including supporting statements), such as non-immigrant employment petitions, immigrant visa applications, and/or permanent residency applications. Must be detail-oriented with excellent writing, communication, organizational, and computer skills. Send resume + cover letter describing your interest, qualifications, and financial requirements in strict confidence to Alexandra Carvalho at: or fax: 973-992-9125. EOE.

Help Wanted: Immigration Attorney
Nationally recognized Washington D.C. immigration firm seeks an outstanding, experienced immigration attorney who thrives on and has extensive experience successfully handling various types of immigration cases, from corporate to deportation and much of what is in between, to grow with our firm in a congenial, fast-paced and supportive environment with thirty + immigration professionals, all strongly committed to legal excellence and the highest level of client service. Please e-mail your statement of interest describing your immigration experience, professional goals, salary requirements, and a writing sample to Michael Maggio: To learn about us, visit No calls please.

Help Wanted: Immigration Attorney
Dunbar, Harder & Benson, LLP, an immigration law firm, located in the Galleria area of Houston, Texas has an immediate opportunity for an experienced immigration attorney. Experience must include business immigration cases in NIV and IV matters including labor certifications, all nonimmigrant categories, adjustment of status, consular processing, NIW, extraordinary ability, multi-national and researcher petitions as well as family-based & naturalization. Must have in-depth knowledge of law & procedure, excellent writing, communication and organizational skills. Texas Bar required. Salary commensurate with experience. Please email resume, writing sample and salary requirements to Bonnie Lampton:

Labor Certification Advertising/Recruitment
We are a private employment firm for PERM recruitment. We are a fully qualified placement agency that will provide private employment firm services for PERM recruitment for professionals. We provide a test of the job market for any professional position in any field. The employer or agent will pay a one time flat fee and we will recruit for the employer as part of our normal placement agency services. The employer can choose to have Placement Services USA sort and interview any qualified candidates or simply select to have all collected resumes from a particular position posting forwarded directly to the employer or agent. We will provide both a signed letter and hard copy print out from our job listings website to confirm the recruitment efforts for your files - all of our services above apply only to our private employment firm services. There is no obligation or additional fee involved if the employer does not hire a Placement Services USA candidate. We can have your private employment firm needs fulfilled in an easy, expeditious and courteous manner. The position can be added to our private employment firm campaign and website in a matter of hours. Contact us to get started today at (ph) 310-820-7469, (fax) 310-820-7648 or (email)

Immigration Law Conference
Save The Dates - April 25-26, 2005. The CMS-Fordham 28th National Legal Conference on Immigration and Refugee Policy. Sponsored by the Center for Migration Studies (CMS) and the Fordham Law School, in Collaboration with the Catholic Legal Immigration Network, Inc. (CLINIC) Program. Location: The Fordham Law School, New York, New York. Topics will include: Is Big Brother watching: using technology to improve both security and service, the impact that security checks and delays are having on artists, entertainers, schools and businesses, civil liberties and rights for nonimmigrants in the brave new post 9-11 world, international human rights developments related to migration, emerging issues in business immigration, workplace enforcement issues in the twenty-first century, prospects for immigration reform in the 109th Congress, plus 2 special programs: getting ready for legalization and getting ready for PERM: a nuts and bolts overview. Representatives from the government, nongovernmental organizations and private practice have been invited. For more information and to register, please go 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:
Where is the letter from Ira Kurzban? You failed to publish it.

Elizbieta Celinski

Editor's Note: Please see our comment in the Immigration Daily's 3/25/05 issue.

Dear Editor:
In Sugiharto's most recent Letter (3/24/05 ID), your response to my letter (3/24/05 ID) about China discusses the eventual devaluation that will occur to the American dollar when China quits manipulating its currency. It is inevitable. The artificially low value placed on the yuan has been estimated by some leading economists as currently being equivalent to an import duty of approximately 40% on American goods imported into China. This is a "hidden" one being promoted by the government of China. Your letter didn't address my concerns about worker and environmental abuse in China and Asia. Does this mean that the abuse of Asian workers and environment is OK? CNN's web site carried an article entitled "China Faces Severe Water Shortages" that said more than 300 million rural Chinese lack clean drinking water since most waterways are fouled by industrial effluent, untreated sewage and runoff of agricultural chemicals from fields. And, a survey in January found that only 47% of water in major rivers in China is drinkable, while half of all lakes are heavily polluted. I don't oppose immigration and I don't oppose outsourcing. I am an IT consultant, and have essentially been in the outsourcing business since 1988, since I work as a contractor for American companies. What I do oppose is: 1) illegal immigration, and 2) the importation of cheap foreign labor on H-1B and L-1, and B-1 (visitor) visas into the USA to perform jobs that should be done by Americans. I contend that there is not a shortage of qualified technical workers in the USA, only a shortage of qualified workers who will work for pennies a day.

Steve Landess
Austin, Texas

Dear Editor:
The US is already the single largest market for most of the world's goods, hence our massive and increasing trade deficit. For every buyer, there is a seller who has been offering "credit" to us so that we will buy foreign-made goods. If there's fault here, it's shared by foreign countries which have been only too happy to finance us in return for the purchase of their goods to aid in their economic development. Sugiharto's letter (3/25/03 ID) also neglected to mention that the falling dollar means that Americans will be less inclined to buy imports, while foreigners would be more inclined to buy American-made goods and services, which would be cheaper for them. What would make holding the dollar less appealing to foreigners is our escalating budget deficit, due to tax cuts for the wealthy and the war. A deficit which will not be helped by adding immigrants who are heavy users of the very social services that the administration is seeking to pare from the budget. Nor did Sugiharto's letter acknowledge that the US has/is negotiating a number of trade agreements, e.g. CAFTA, which give developing nations privileged access to US markets. Developing nations are as protectionist as America because they don't want to see their domestic markets lost to American imports, such as has happened with Mexican agriculture under NAFTA. The protests against "globalization" at the World Bank and IMF a couple of years ago were spearheaded on behalf of developing countries who are losing out under globalization. Countries such as China are increasingly using dumping laws to protect their own domestic markets. "Globalization" is not as beneficial or inevitable as Sugiharto's letter would have us believe.

Ali Alexander

Dear Editor:
I object to the advertisement for Quantum Technologies (3/24/05 ID), which offers "outsourcing" of legal work. Quantum's website states that it offers work on preparing applications and petitions for nonimmigrant visas, advice on consular processing, and even generally "legal research." This is an illegal advertisement for the unauthorized practice of law, which is a criminal offense under the laws of most states in the US. American lawyers who attempt to "outsource" their legal work in this way would be subject to per se malpractice liability and professional sanctions including disbarment. Immigration Daily is a generally sophisticated operation and I'm shocked ILW.COM would publish such a thing.

Bruce A. Hake, Esq.
Damascus, MD

Dear Editor:
Can we fully celebrate Easter when the world's most vulnerable people seeking asylum here are imprisoned in a system intent on making asylum almost non-existent through the pending REAL ID Act? As US citizens, we enjoy religious freedom. Asylum seekers flee religious, political, social, ethnic, and racial persecution. Many have been tortured as religious or democratic leaders. Although International Law grants the right to seek safety here, they may only stay if our government believes their fear of persecution. If their cry for help is believed, they are sent to prison to plead their case from behind bars. They have committed no crime, but like Jesus are unjustly condemned, stripped, questioned, and imprisoned. They must prove a right to asylum; yet most have neither money nor attorney. As Simon of Cyrene carried Jesus' cross, pro-bono attorneys take some cases. However, less than 4% of imprisoned asylum seekers receive asylum. It is extremely difficult to get asylum. Asylum seekers must prove they have been or will be persecuted and that they are not a danger to this country. When asylum is unjustly denied, deportation may be a death sentence. The few, who receive asylum, are resurrected to new life, free to worship and live in this great democracy, with laws assuring that only the most deserving receive asylum. We must enforce present laws and say no the proposed REAL ID Act, which will further persecute the persecuted. This Easter, we can choose to be modern day Pilates without the courage to stand for justice or we can choose to live into the promise of Easter and offer resurrected life by opening our hearts to Christ, who said, "When I was a stranger you welcomed me."

Joan Maruskin

Dear Editor:
Several times I have made an attempt to either reply to or post a message on the ILW.COM's discussion board. However, I receive the message, "To proceed, you must be a member of this site. Please login or join below." But I am not able to locate the section of the ILW.COM website so that I can join ILW.COM. What is the process and how do I go about joining the so that I can post messages onto the discussion board?


Editor's Note: Registration or login is not required to view postings on ILW.COM's discussion board. However you will have to register to post on our discussion board. Information for registration to participate on our discussion board is found by selecting login/join here. Please note that you must select the "I am not registered on:" selection to proceed with registration.


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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. Copyright 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM or members of the Immigration Daily Advisory Board. The opinions expressed in the Comment section are those of ILW.COM and Immigration Daily and do not necessarily represent the views of the members of the Immigration Daily Advisory Board.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Advisory Board:   Marc Ellis, Gary Endelman