Immigration Daily from Ilw

------IMMIGRATION DAILY FROM ILW.COM------

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

(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.

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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:.

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2. FOCUS

New H-1B Book

ILW.COM is pleased to announce its latest book, "THE H-1B BOOK

2008-2009 Edition", Editor Karen Weinstock. For more information,

see here.

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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:.

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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.

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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:. No phone calls, please.

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:.

(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: 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:. 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: 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:. 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:.

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6. ComingsNGoings

Readers can share their professional announcements (100-words or

fewer at no charge), email: mailto:. 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).

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7. LETTERS

Readers are welcome to share their comments, email:

mailto: (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

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

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