IMMIGRATION DAILY FROM ILW
-----------------IMMIGRATION DAILY FROM ------------------
April 10, 2008
Headlines:
1. Comment: Indians And Chinese Face Refusal
2. Focus: New H-1B Book
3. Articles:
(a) State Immigration Law: Challenge Of Pre-Emption by Gary
Endelman
(b) Bloggings: April 10, 2008 by Greg Siskind
4. News:
(a) DOL Releases PERM Fraud FAQs
5. Classifieds:
(a) Help Wanted: Immigration Attorney
(b) Help Wanted: Immigration Professional
(c) Help Wanted: Immigration Paralegals
(d) Help Wanted: Immigration Attorney
(e) Help Wanted: Immigration Paralegal
(f) Help Wanted: Immigration Attorneys
(g) PERM Services
(h) Credential Evaluation And Translation
6. ComingsNGoings:
(a) New Appointment - Immigration Judges
7. Letters From:
(a) Roger Algase, Esq.
(b) Gurrattanpal Singh, Esq.
(c) Catherine M. Kiely
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Books On Immigration Law:
Immigration Law Seminars:
Immigration Law Workshops:
To Get Clients:
Classifieds:
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_________________________________________________________________
1. COMMENT
Indians And Chinese Face Refusal
The Visa Office of the DOS recently issued "Report of the Visa
Office 2007" which "is an annual report providing statistical
information" about the Visa Office's doings. We highlight some of
the fascinating information contained therein below (see full
Table of Contents here), all years below are fiscal.
++For the Immigrant Visa applications in 2007 288,878 grounds of
ineligibility were found, of which 174,438 (60%) were overcome, a
misleading statistic, as we shall soon see. The most common
ineligibility finding, amounting to 5/6ths of the total, was
221(g) "Application does not comply with provisions of INA or
regulations issued pursuant thereto", and overcoming this finding
was 91% of the total findings overcome. In other words, of all
the other ineligibility findings, only 30% were overcome. For the
Non-Immigrant Visa applications in 2007, 2,117,250 grounds of
ineligibility were found, of which 470,052 (22%) were overcome, a
most misleading statistic, as we see below. The most common
ineligibility finding, about 3/4ths of the total, was 214(b)
"Failure to establish entitlement to nonimmigrant status", and
this finding was overcome only about 1% of the time. In other
words, about 99% of the time, a 214(b) finding was not overcome.
(From Table XX Immigrant and Nonimmigrant Visa Ineligibilities
(by Grounds for Refusal Under the Immigration and Nationality
Act) Fiscal Year 2007)
++It is not hard to guess what visas were the ones selected for
special 214(b) treatment. Of the 6,444,263 Non-Immigrant Visas
issued in 2006, almost 60% were B1s and/or B2s. Based on the
numbers in this table, it's a safe bet that no other type of visa
could approach the magnitude necessary for the huge quantity of
214(b) findings above. (From Table XVII Nonimmigrant Visas Issued
Fiscal Year 2006)
++Nor is it difficult to guess where 214(b) was used to liberally
deny vast quantities of applicants. The numbers of 214(b) denials
are so staggering that only four countries can possibly supply
the bulk of the applications involved: India, China, South Korea
and Mexico. (From Table XIX Nonimmigrant Visas Issued by Issuing
Office (Including Border Crossing Cards Fiscal Years 1998-2007)
The conclusion from the three documents above is that B1/B2
applicants from India, China, South Korea and Mexico face an
approximately 1/3rd chance of denial based on 214(b) "finding" (a
"finding" typically made in an "interview" lasting approximately
100 seconds), the chance of overcoming which "finding" are only
about 1%. While the Chinese Exclusion Act and the Race Quotas of
the 1921 and 1924 Acts are no longer in force, some of the same
outcomes of those bygone days can be found in current Visa Office
reports.
We welcome readers to share their opinion and ideas with us by
writing to mailto:editor@.
_________________________________________________________________
2. FOCUS
New H-1B Book
is pleased to announce its latest book, "THE H-1B BOOK
2008-2009 Edition", Editor Karen Weinstock. For more information,
see here.
_________________________________________________________________
3. ARTICLES
(a) State Immigration Law: Challenge Of Pre-Emption
Gary Endelman provides an analysis of select states and its
immigration laws challenging pre-emption.
(b) Bloggings: April 10, 2008
Greg Siskind shares the latest entries to his blog.
To submit an Article for consideration, write to
mailto:editor@.
_________________________________________________________________
4. NEWS
(a) DOL Releases PERM Fraud FAQs
The Office of Foreign Labor Certification published the second
round of FAQs for issues stemming from the final fraud rule
published in May 2007.
_________________________________________________________________
5. CLASSIFIEDS
(a) Help Wanted: Immigration Attorney
San Jose, CA - Littler Global
seeks associate with 5-7 years of employment-based immigration
law experience. Candidate should possess excellent academic
credentials and should have experience working in high-volume,
fast paced environment. If you are interested in applying for
this position, submit resume online at Littler Careers >
Laterals > How to Apply. Please reference Littler Global in
application. We offer generous benefits package to all full-time
employees. EOE. No telephone calls please. No recruiters,
principals only.
(b) Help Wanted: Immigration Professional
downtown San Francisco, CA - Do you love training clients? Are
you great at project management and enjoy working directly with
clients? Looking for a change? ImmigrationTracker,
the premier immigration management software provider, seeks a
training and implementation specialist. We offer an energetic
team-oriented work environment and comprehensive benefits
package. You will provide customized project planning,
implementation and training to new Tracker clients, while
ensuring clear communications and consistently exceeding customer
service expectations. Experience working in/with law firms,
strong project managers, strong customer service, training and
presentation skills, technical aptitude with PCs and industry
related software, and commitment to accuracy and attention to
detail. Effective written and oral communication skills,
excellent documentation skills, and ability to work both
independently and as team member are essential. Willingness and
ability to travel required. US work authorization required. No
third parties and contractors. Email resume to
mailto:jobs@. No phone calls, please.
(c) Help Wanted: Immigration Paralegals
North Broward, FL - Full and part-time positions available for
busy, established immigration law practice. Applicant will manage
caseload with a large degree of independence. Will have client
contact and work with custom case management system. Applicant
should be self motivated and have good writing, communication and
organization skills. Must have a minimum of 2 years experience in
both family & employment based visa & green card application
package preparation. Experience with Microsoft Word & Excel a
necessity. Please send resume detailing experience and full or
part time preference to: mailto:floridaimmigrationlaw@.
(d) Help Wanted: Immigration Attorney
Newark, NJ - Garces & Grabler, P.C.
seeks attorney with 5+ years immigration law experience, with an
emphasis on removal proceedings, appeals, family cases, aos
interviews, and consular processing. Excellent writing,
technical, communication and organizational skills are essential.
E-mail resume, with your specific experience, salary requirements
and writing sample to mailto:piskadlorobert@ or fax:
732-745-1249. All submissions will remain confidence.
(e) Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
has immediate opening for experienced immigration paralegal for a
very busy immigration practice. Candidates must have experience
in business immigration law, including preparation of H-1B visa
petitions and labor certification cases. Responsibilities
include: preparation and filing of business and employment-
related immigration documentation and communications with
government agencies and clients. Qualified candidates must have
excellent organizational skills, attention to detail, accuracy,
consistency and job ownership. Ideal candidate must have
excellent written and oral communication skills. Bachelor's
Degree and 3+ years experience required. Qualified candidates,
send cover letter + resume to mailto:mlhr@. EOE.
(f) Help Wanted: Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorneys with 3+ years demonstrated experience in
immigration law for the Adjudications Law Division (ALD).
Attorneys will serve as advisors to the Chief of the ALD, the
Chief Counsel, and to USCIS and other Departmental components on
US immigration law issues. Applicants must possess JD degree from
ABA accredited law school, be an active bar member, and have 3+
year post JD experience. For full details, enter
COU-CIS-2008-0005 here.
Applications must be received by 5pm ET, April 14, 2008.
Applicants must submit cover letter, resume, 2 writing samples.
Submit to: Claudia Salem, Acting Chief of ALD:
mailto:ald.ald@ indicating in email subject header:
Experienced Attorney Position, ALD, at USCIS.
(g) PERM Services
Adnet Advertising Agency Inc. has provided labor certification
advertising services to immigration attorneys since 1992. Adnet
helps attorneys find appropriate places to run labor cert ads,
places the ads, obtains the tearsheets, and offers a variety of
billing options. Attorneys can manage the entire ad process
through Adnet's secure web-based Ad-managment system. Most of
Adnet's services are free since we receive a commission from the
newspapers and journals where the ad is placed. Adnet services
large international law firms as well as solo practice attorneys.
Call us at 212-587-3164, visit
or email us at mailto:information@adnet-. Contact us today
to find out why we are the ad agency of choice for immigration
attorneys since 1992.
(h) Credential Evaluation And Translation
As the nation's 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 list of rates and
times, see:
AETS also provides certified translations in 100+ languages,
with translators that are specialists in 80+ fields. For a copy
of the Application for Credential Evaluation and Translation
Services, please contact AETS at (786) 276-8190, visit
, or email:
mailto:info@.
_________________________________________________________________
6. ComingsNGoings
Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
. To feature your
newsletter in Immigration Daily, see here
.
(a) New Appointment - Immigration Judges
Executive Office for Immigration Review announced that 11
immigration judges were sworn in. These immigration judges will
preside in the immigration courts indicated below: Eloy
Immigration Court (James Alan DeVitto, Stephen M. Ruhle, Linda
Inez Spencer-Walters); Headquarters Immigration Court (Quynh Vu
Bain, Los Angeles Immigration Court, Philip L. DiMarzio, Lourdes
A. Rodriguez de Jongh); Newark Immigration Court (Susan Girardo
Roy); Orlando Immigration Court (Kevin J. Chapman0; Salt Lake
City Immigration Court (Dustin B. Pead); San Francisco
Immigration Court (Jeffrey J. Bernstein); Tacoma Immigration
Court (Tammy L. Fitting).
_________________________________________________________________
7. LETTERS
Readers are welcome to share their comments, email:
mailto:editor@ (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
(a) Dear Editor:
Let us get down to a few hard facts about the pre-1965
immigration law that Jim Roberts' letter (4/9/08 ID) conveniently
overlooks. That law, it is true, did not have explicitly racial
immigration quotas. But what it did have was a system of
"national origin" quotas, based on the ethnic composition of the
US in, not 1960, 1950, or even 1920, but 1890. In 1890, America
was much more heavily "white" and Northern European than it was
after the great waves of immigration from Southern and Eastern
Europe in the early part of the 20th Century. Therefore, even
though the pre-1965 immigration law was passed in 1924, 1890 was
picked as the "base" year, in order to discriminate against
Italians, Jews, Poles, Greeks, Armenians, Arabs, Hungarians and,
yes, Czechs and Slovaks, most of whom were not considered "white"
by American nativists of that time. As for East Asian immigrants,
they had already been subject a serious of exclusion laws,
beginning with the notorious Chinese exclusion laws of the
1880's. Why this discrimination, not only against Asians and
Middle Easterners, but against people from the "wrong" part of
Europe? Because they were regarded as allegedly inferior,
unassimilable, criminals, loyal to foreign powers, carriers of
disease, bearers of poverty, and just as "dangerous" to America
as Latino and Caribbean immigrants are accused of being now. This
is why anyone who tries to make excuses for the pre-1965
immigration law, complains about the circumstances under which it
was abolished, or advocates returning to anything resembling it,
has to overcome a strong presumption of bigotry.
Roger Algase, Esq. New York, NY
(b) Dear Editor:
USCIS & DHS never cease to amaze us, for good or bad. USCIS's
recent changes have at least brought some sanity to the H-1B
filing process. By increasing the time period from the first two
business days to the first five business days of April for filing
H-1B petitions for a given fiscal year, USCIS has given a sigh of
relief to the concerned employer/employee. Another step in the
right direction is the prohibition of duplicative or multiple
H-1B petitions filed by an employer for the same H-1B worker
giving every employer a fair chance in the random selection
process. However the main issue-- the limited number of H-1Bs
available each year--still remains. If the US cannot make
unlimited H-1Bs available then at least it should raise the cap
to 150,000-200,000 visas which can be petitioned for at any time
of the year (depending on the availability) to ensure the regular
supply of qualified & skilled workers who will contribute to the
US economy. The DHS rule increasing the maximum period of OPT
from 12 months to 29 months for F-1 students who have completed a
science, technology, engineering, or mathematics (STEM) degree
and accept employment with employers enrolled in USCIS E-Verify
program is another bright spot. I hope that in the near future
F-1 students from other fields will also be included in this.
This rule also solved the "cap-gap" problem by extending the
authorized period of stay for all F-1 students who have a
properly filed H-1B petition and change of status request pending
with USCIS. If the petition is approved, the students will have
an extension that enables them to remain in the US until the
requested start date indicated in the H-1B petition takes effect.
The coming years will see more sweeping immigration system
changes.
Gurrattanpal Singh, Esq. Ludhiana, India
(c) Dear Editor:
As an American, I find those periodic FAIR reports (04/09/08
ID) ID carries quite annoying. What purpose do they actually
serve? Most of us are trying to navigate as best we can through
a terrible immigration system for our clients that has only
gotten more and more rigid and mean-spirited over the last 4-5
years-and ID is adding fuel to the fire. Right now it is next
to impossible to get educated individuals into this country to
work on the H1-B visa due the current cap, which would benefit
the country. Instead we have to listen to FAIR or commentators
like Lou Dobbs negatively influencing the american public, who
on the whole are pretty clueless as to what is really going on
in the immigration scene right now. One blatent example is the
idea that all H1-B individuals are "cheap labor" taking jobs
away from americans etc. which is quite the opposite. We all
know that every H1-B candidate's salary has to meet the
prevailing wage standard otherwise the case will be denied-hard
to understand how organisations like FAIR and TV anchors get
away with repetitive false and misleading statements in this
regard. Most world intelligencia are no longer going to wait
over a year for the result of an H1-B Visa "Lottery" that could
enable them to work for Microsoft, Oracle or Mercedes-Benz in the
USA starting October 2009--these foreign R & D engineers or
scientists and their potential american employers don't have time
to waste and are going elsewhere--how about Canada,
China,Singapore, India or Australia where they are being welcomed
with open arms, to our detriment. While I understand that ID's
goal is to be objective, ID can surely do better for its
subscribers than carry these reports.
Catherine M. Kiely Los Angeles, CA
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
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Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X
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