September 12, 2003 - Functional Managers

[Immigration Daily from ILW . COM]

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

September 12, 2003

Contents:
1.  Editor's Comments: Functional Managers
2.  ILW Focus: Free Workshop For Immigration Lawyers
3.  Article by Gary Endelman:  How To Win A Functional Manager Case
4.  Immigration Law News
    (a)  BCIS Director Aguirre Says BCIS Aims To Create Level
Playing Field For All Seeking To Become New Americans
    (b)  DOL Seeks Comments On 9035
    (c)  BALCA Says Alien's Father's Affidavit Does Not Overcome
Concern That Employer Is Willing To Accept Lower Qualifications Of Alien
    (d)  No Asylum Where IJ's Adverse Credibility Interpretation Is Possible
    (e)  Anti-Immigration Group Calls Guest Worker Program
Amnesty For The Undocumented
    (f)  Sen. Lieberman Supports Legalization
5.  Classifieds: Help Wanted: Academic Program Manager And
Help Wanted: Experienced Immigration Attorney (2) And Help
Wanted: Experienced Immigration Paralegal (2) And 
Books - 8 CFR, Includes 2003 BCIS Changes
6.  Letters to the Editor (1)

http://www.ilw.com/lawyers/immigdaily/digest/2003,0912.shtm

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1.  EDITOR'S COMMENTS

Functional Managers

Today's Featured Article, "How To Win A Functional Manager Case"
is authored by Gary Endelman. It is full of valuable tips and
practice pointers on functional manager cases in both the
immigrant and nonimmigrant contexts. Mr. Endelman is one of the
largest filers for functional manager cases in the country. His
article includes 20 practice pointers he himself uses and also
includes helpful flowcharts and documents to illustrate his points.
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2.  ILW FOCUS

Free Workshop For Immigration Lawyers

Attorneys listed in ILW.COM's directory of immigration lawyers
http://www.ilw.com/directory/findlawyer.asp
can now participate in telephonic workshops focusing on efficient
marketing of their practices online, and effective integration of
their ILW.COM presence with their online and offline marketing
efforts. Other aspects of Law Practice Management are also
covered in these telephonic workshops which are offered free of
charge to members in good standing of ILW.COM's directory of
immigration attorneys. The next telephonic workshop will be on
Thursday, October 16th. Those interested in participating should
send a request for registration to mailto:address@hidden
Those law firms not yet listed in our directory may want to note
that approximately 200,000 searches are made each year for
immigration attorneys on ILW.COM. That's more than 400 searches
per year per attorney listed in our lawyer directory. Which means
that if you are listed with ILW.COM, then your listing will be
searched once each day throughout the year. You need only one
client a year to make a profit on your listing! We can even link
your ILW.COM listing directly to your own website. For a personal
discussion on listing your practice in our directory, please
write to mailto:address@hidden
http://www.ilw.com/lawyers/immigdaily/focus/2003,0905-seminar.shtm
_________________________________________________________________
3.  FEATURED ARTICLE

How To Win A Functional Manager Case

Gary Endelman writes "The purpose of this article is to get down
and dirty, to focus solely on practice pointers that may prove
useful to the creative advocate the next time a potential
functional manager walks into your office."
http://www.ilw.com/lawyers/colum_article/articles/2003,0912-endelman.shtm
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Attorney listings on ILW 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: http://www.ilw.com/lawyers/membership/
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4.  IMMIGRATION LAW NEWS

(a) BCIS Director Aguirre Says BCIS Aims To Create Level Playing
Field For All Seeking To Become New Americans

During remarks before the Migration Policy Institute, BCIS
Director Aguirre said, "The President put his words into action
by launching a five-year, $500-million initiative aimed at
providing high-quality service to all legal immigrants. It
incorporates a universal six-month standard for processing all
applications for benefits."
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0912-aguirre.pdf

(b) DOL Seeks Comments On 9035

The Department of Labor sought comments on labor condition
applications and requirements for employers using nonimmigrants
on H-1B visas in specialty occupations and as fashion models.
http://www.ilw.com/lawyers/immigdaily/federal_reg/2003,0912-models.shtm

(c) BALCA Says Alien's Father's Affidavit Does Not Overcome
Concern That Employer Is Willing To Accept Lower Qualifications Of Alien

In the Matter of JP Products, No. 2003-INA-133 (BALCA, Aug. 20,
2003), the Board of Alien Labor Certification Appeals said that
"it is not inconceivable that a precocious 17 year-old might be
qualified for the position [] - but the Alien and Alien's
father's affidavits are also obviously self-serving and they
simply do not provide adequate proof to negate the Certifying
Officer's concern that the Employer was willing to accept the
Alien with lower qualifications than were being required of US applicants."
http://www.ilw.com/lawyers/immigdaily/dol_news/2003,0912-gomes.pdf

(d) No Asylum Where IJ's Adverse Credibility Interpretation Is Possible

In Krouchevski v. Ashcroft, No. 02-3004 (7th Cir. Sep. 11, 2003),
the court said that "although Petitioner's post hoc
interpretations of his statements indeed draw consistencies out
of apparent discrepancies, his interpretations are not the only
ones possible. Those offered by the IJ also appear to be
valid..."
http://www.ilw.com/lawyers/immigdaily/cases/2003,0912-Krouchevski.pdf
_________________________________________________________________

(e)  Anti-Immigration Group Calls Guest Worker Program Amnesty
For The Undocumented
(f)  Sen. Lieberman Supports Legalization
For links to these articles, click here:
http://www.ilw.com/lawyers/immigdaily/digest/2003,0912.shtm#Other-items
_________________________________________________________________
5.  CLASSIFIEDS:

(a) Help Wanted: Academic Program Manager
The University of Southern California Office of International Services
http://www.usc.edu/student-affairs/OIS/
(USC) seeks a Program Manager (Director, Faculty/Staff Visa
Services) to assist academic, research and service units in the
hiring process for nonimmigrants. The ideal candidate will ensure
that USC is in full compliance with all relevant state and
federal regulations; advise both hiring units and current and
prospective nonimmigrant employees on filing procedures; and
maintain currency on applicable laws, regulations and filing
procedures for alien employment and employment-related permanent
residence application. The incumbent will provide advice on
university-employment-related immigration matters; interview
prospective alien employees as well as employing unit personnel
to develop appropriate hiring strategies; and consult with
outside legal counsel in complex immigration-related legal
matters. A working knowledge of Microsoft Office (including
Excel, Word and PowerPoint) and Immigrant Pro is required. Travel
to off-campus meetings and conferences will occasionally be
required. Minimum Qualifications: Bachelor's degree with 3+ years
of directly related professional and supervisory experience in an
immigration law practice or a higher education/research
institution immigration service office. To apply, go to
http://www.usc.edu/jobs
and begin your application by submitting reference req. #16774
under Search/Apply for a Job. AA/EOE

(b) Help Wanted: Experienced Immigration Attorney
Blumenfeld, Kaplan & Sandweiss, P.C. (BKS),
http://www.bks-law.com/bks/
a full-service law firm in St. Louis, MO seeks an associate with
1-3 years of employment-based immigration experience. Experience
with immigration issues related to physicians is a big plus. BKS
offers a competitive salary and excellent benefits. Send resume +
cover letter to Chris Williams, Immigration Law Practice Group,
168 North Meramec Avenue, 4th Floor, Clayton, Missouri 63105. No
phone inquiries please.

(c) Help Wanted: Experienced Immigration Paralegal
Kemp Smith LLP,
http://www.kempsmith.com
founded in 1866, seeks to hire an experienced paralegal for its
business, family, consular, and inspections based immigration
practice located in El Paso, TX. Responsibilities include
continuous professional interaction with clients, staff, and
federal agencies; timely preparation of filings with the
Departments of Labor, State, and Homeland Security; and case
monitoring. Excellent analytical, organizational, and writing
skills are required. Computer and Internet literacy is essential,
while Internet research skills are ideal. Proficiency in Word,
Powerpoint, and case management software are all a plus.
Bachelor's degree or equivalent preferred. Fluency in a second
language in either Spanish, Japanese, or German is desired.
Please forward your resume to Firm Administrator via e-mail at
mailto:address@hidden or fax 915-546-5360.

(d) Help Wanted: Experienced Immigration Paralegal
Goel & Associates, P.C. (G&A) ,
http://www.goellaw.com/goel.asp
a leading business immigration law firm, seeks an experienced
immigration paralegal to join its fast-paced corporate
immigration practice located in Greenbelt, MD. Candidates must
have at least one year of business immigration experience,
ideally with H-1B, L-1, Labor Certification, and I-140/Adjustment
of Status cases for clients in the high tech sector. A college
degree, excellent communication and organizational skills,
knowledge of PC applications, and the ability to work
independently are required. We offer an outstanding work
environment and an excellent compensation and benefits package,
including a business-casual dress policy, health and dental
insurance, 401(K), free parking, and more. To apply, please send
resume, cover letter, and salary requirements to
mailto:address@hidden, or fax to 301-313-0445.

(e) Help Wanted: Experienced Immigration Attorney
Stoll, Keenon & Park,
http://www.skp.com/firm_profile/index.html
one of Kentucky's oldest and largest law firms founded in 1897,
seeks an experienced business immigration attorney based either
in its Lexington or Louisville, Kentucky office. Minimum 2+ years
of full-time experience in preparing H-1B, L-1, E-2, TN, labor
cert, I-140, and AOS applications is required. Candidate must
have a stellar academic record as well as possess excellent
research and writing skills. The position requires a highly
organized individual who is proficient with case management
software. We offer a great working environment and a competitive
salary and benefits package. Email resume + cover letter to
Denise Wilson, Human Resources Manager at mailto:address@hidden
or fax to (859) 253-1093. EOE

(f) Books - 8 CFR, Includes 2003 BCIS Changes
We are pleased to announce that the latest edition of the
Immigration & Nationality Act (INA) is now available. This
reference tool is invaluable while writing to the INS about a RFE
or preparing a petition. Attorneys have been using the exhaustive
topic indices in the 8 CFR Plus and The Whole ACT - INA
(Annotated) to do just that for years. Whether you are a seasoned
practitioner or a less experienced attorney entering the
immigration law field, these books are a must-have. For
information on our various publications, see here. 
http://www.ilw.com/lawyers/store/
(A Supplement is provided Free of cost updating the 8 CFR Plus as 
of June 1, 2003. All BCIS related changes have been included in this
Supplement as well as a complete index to ALL 8 CFR Sections
updated as of June 1, 2003.)

We carry advertisements for Help Wanted: Attorney, Help Wanted:
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For information on advertising in the classifieds please click
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_________________________________________________________________
6.  LETTERS TO THE EDITOR

(a) Dear Editor:
This refers to Mr. D.D. Murray's comments
http://www.ilw.com/immigdaily/letters/2003,0911-murray.shtm
to the letter of Ms. Elise Hines.
http://www.ilw.com/lawyers/immigdaily/letters/2003,0910-
hines.shtm
Ms. Hines seemed to be very honest and sincere disclosing her
husband's actions which were against the law of the US.  But, it
appears that she was just begging for justice on humanitarian
grounds on her husband life. It is very surprising to note that
having passed half of his life in the US, Ms. Hines' husband is
likely to be deported to his own country (England) is  to similar
to what the Great Britain used to banish its citizens to this
country for their crimes against the British law.  It shows that
the US is very strict in adhering to its law.  Really, I highly
appreciate it. But, there are many illegal aliens who are
violating our laws by overstaying their visa,  are off scot free.
It is said that there are millions of illegal people who are
working in this country sidelining the US citizens and permanent
residents by accepting so low wages which  is very far below than
the government's declared wages.   It is known to all that this
has made many US citizens and permanent residents unemployed.
Mr. Murray's letter does not seem to have expressed his opinion
as to the illegal aliens who are violating the laws of our land
by overstaying their visa. Those overstaying their visas should
also be deported immediately as Ms. Hines's husband is being
deported.  S. Salike
http://www.ilw.com/lawyers/immigdaily/letters/2003,0912-
Salike.shtm
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
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Editorial Advisory Board
Marc Ellis, Gary Endelman

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