The latest issue of Siskind's Immigration Professional is now online. Click here to read it.

Attorney Karen Weinstock in our Atlanta office is nominated in the 2006 International Women of Influence Awards presented by GlobalEXECWomen and the International Council. The award goes to top female business and technology executives. Click here to see the list of nominees.

Here is the table of contents for the latest issue of Siskind's Immigration Bulletin. Click here to get to any of the articles.

1. Openers
2. The ABC's Of Immigration: EB-5 Immigrant Investors
3. Ask Visalaw.com
4. Border News
5. News From The Courts
6. Government Processing Times
7. News Bytes
8. International Roundup
9. Legislative Update
10. Halliburton Subsidiary Gets Contract to Add Temporary Immigration Detention Centers
11. Department of State Begins Issuance of an Electronic Passport
12. Interoffice Memorandum on I-751 Petitions
13. Latin American Nations Resent Immigration Legislation
14. Religious Groups Protest Immigration Laws
15. President Extends TPS Status for Central Americans

This week opened with a very disturbing proposed regulation being released by the US Department of Labor regarding labor certifications for green card cases. The rule is ostensibly being released as a response to what the Labor Department says is an “emerging” black market in labor certifications. The rule would end the long standing policy of allowing employers to substitute workers on petitions, it would require employers to file I-140 petitions within 45 days of a labor certification being approved and it would actually bar employees and third parties from paying attorneys fees.

The Labor Department states over and over again that there is a serious problem with fraud and abuse, yet the preamble to the proposed rules only list a couple of cases and provide no statistics to back up the claims. The Labor Department has processed hundreds of thousands of cases over the last few years. If only a tiny percentage involved fraud, does it make sense to dramatically change the system? And every example of fraud cited by DOL is a crime punishable by prison (in fact, the one major case DOL cited several times did result in an attorney being imprisoned). Why is better enforcement of existing law not the solution here?

There are also serious questions raised about whether it is ever appropriate for a government agency to interfere with an individual’s ability to access legal counsel. The DOL simply states that because the employer is the petitioner in a labor certification case, the employer should be paying the fee. But it is the employee that bears the consequences when the labor certification process runs into trouble. For example, a properly pending labor certification allows a worker to continue remaining in H-1B status, access to 245i benefits, a priority date in queues that may be several years long, etc. An employer obviously has an interest in a case being successful, but the reality is that the employee’s life is more adversely affected when the case runs into problems.

Some employers are also not in the position to hire an attorney (especially non-profits charitable organization) and will be likely to go the do-it-yourself route. Is it fair to either those employers or their employees to not allow them to negotiate a deal that works for both? The DOL rules does not even mention a link between the prevailing wage and attorneys fees as they did in the H-1B regulations of a few years ago. So an employee making considerably over the prevailing wage still would not have the right to pay an attorney.

In many cases, particularly at universities, the employer has non-attorney staff handling labor certifications. But because of limited resources, cases don’t move quickly and employees grow frustrated. Some of these employers give employees the option of choosing to hire their own attorneys to manage the process as long as the employee pays. These types of very reasonable arrangements would be barred under the proposed rule.

For years I have encouraged arrangements where employers and employees each hire their own counsel to jointly work on a labor certification case. That way, when a conflict develops, each side would have their own representation and both employer and employee would be free to communicate with counsel and direct them to take actions that protect their interests. Those types of arrangements, routinely encouraged by ethics specialists, would be effectively barred by this regulation.

Presumably, many of our readers will be upset by this rule. Fortunately, this is only a PROPOSAL and there is time to make your voices heard. The Labor Department is required to review comments on the rule and those comments may be submitted during the 60 day period that began on February 13th.

The proposed rule can be found in the February 13th Federal Register. We’ve posted the regulation on our web site at www.visalaw.com/DOL.pdf and you can download it there. The more comments DOL receives, the more likely they will be to modify or abandon the proposal. Our own law firm is working on a comment which I will publish when it is ready and I encourage many of the thousands of lawyers, employers and employees who read this newsletter to do the same.

The American Bar Association's Law Practice Magazine says immigration law remains a hot practice area and mentions Siskind Susser as the firm illustrating this fact. Click here to see the write-up.

Here's the table of contents for the latest issue of Siskind's Immigration Bulletin. Click here to get to any of the articles.

1. Openers
2. The ABC's Of Immigration: U Visas
3. Ask Visalaw.com
4. Border News
5. News From The Courts
6. Government Processing Times
7. News Bytes
8. International Roundup
9. Legislative Update
10. Decisions of the Administrative Appeals Office Adopted by the USCIS for Proceedings
11. USCIS to Decouple Naturalization Applications
12. DHS Announces Budget for FY 2007; Outlines USICS Progress
13. Proposed Arizona Bill Would Make Renting to Undocumented Immigrants Illegal
14. State Department Changes Rules for Admission and Visa Issuance Dates for F, M and J Visa Applicants
15. CRS Report on Legal Effect of INS Memorandums
16. President Bush Appoints Three Leadership Positions
17. Department of Health and Human Services Updates Poverty Guidelines
18. Controversial Rule Would Limit Access to Attorneys in Labor Certification Cases
19. USCIS Amends Policies on Postings in Nurse Cases

We've posted the latest processing times for the Vermont, California, Nebraska and Texas Service Centers and the National Benefits Centers in Missouri. Click here to see them.

While many pundits predicted President Bush would only mention efforts to increase border enforcement in his annual State of the Union address to the nation this week, the President specifically promoted the concept of a guest worker program. He was careful to note, however, that the program would not offer an “amnesty” though there is little agreement on the meaning of that term.

The President briefly mentioned immigration reform twice in his speech:

“We hear claims that immigrants are somehow bad for the economy even though this economy could not function without them. All these are forms of economic retreat, and they lead in the same direction – toward a stagnant and second-rate economy.”

He went further later in the speech to say

“Immigration reform must be a priority. American needs an immigration system that upholds our laws, reflects our values, and serves the interests of the economy. Our nation needs orderly and secure borders. To meet this goal, we must have stronger immigration enforcement and border protection. And we must have a rational, humane guest worker program that rejects amnesty, allows temporary jobs for people who seek them legally and reduces smuggling and crime at the border.”

The President elaborated on his remarks on Wednesday at an address in Nashville, Tennessee. He called for more detention facilities along the border to cut down on the need to “catch and release” undocumented immigrants.

He also focused on the need to end the system that “encourages smuggling and pressure on the border” by creating a legal means for people to pursue work in the US beyond the inadequate system that currently exists.

The President again noted he is against amnesty because it would have the effect of drawing another wave of people to want to enter the country.

None of the sponsors of the major immigration plans in Congress would argue that their plans call for an amnesty. The most generous program is the Kennedy-McCain legislation. It allows workers to pursue permanent residency, but only after paying steep financial penalties. Other plans call for workers to first leave the US and then seek to reenter.
President Bush has yet to specifically endorse a proposal and has not clarified what he would consider an “amnesty.”

*****

This week we announce that the bonus cap of 20,000 H-1B visas for graduates of US graduate education programs has been reached. The fact that these visas were used up only one-fourth of the way through the fiscal year shows there is still tremendous demand for H-1B visas. Now the long wait begins with no visas available for nearly eight months.

Regular readers of this newsletter know that the Senate passed legislation that would have alleviated the problem by allowing unused H-1B numbers from prior years to roll forward. Unfortunately, the House did not pass the measure and the bill died. But the measure is expected to be revived shortly along with efforts to deal with the retrogression of employment-based green card numbers.

*****

In firm news, we have received a major accolade this week following last week’s naming of me as one of the best lawyers in Tennessee. Chambers and Partners (www.chambersandpartners.com), publishers of the world famous guides to law firms and lawyers, began this year ranking immigration lawyers in the United States. Chambers is known for extensive research in the marketplace and their guides are relied on by corporate counsel shopping for a law firm.

We are pleased to report that Siskind Susser is listed as one of the top 15 law firms in the US. I’m included on the list of the 25 best immigration lawyers in the United States and my law partner Lynn Susser is included in the top 50 list. The list includes many people I consider mentors over the years and I’m flattered to be included on the attorney list. I think the fact that the firm is listed as one of the best is a tribute to the many incredibly dedicated team members at the firm who strive to provide outstanding service every day.

This past week I participated in two programs on physician immigration. I moderated a teleseminar for the American Bar Association’s Health Law Section. My co-panelists were Bruce Larson, immigration counsel for the Mayo Clinic, and Bill Stock, my co-author on the J-1 Visa Guidebook and a lawyer in Philadelphia. On Thursday, I spoke at the Physician Recruiting Expo in Las Vegas. Next week, I speak on the topic again at a meeting of the American Health Lawyers Association in Ft. Lauderdale.

*****

I also am scheduled to speak next month at the Texas Bar’s annual Immigration Law Institute. The program will be held in Houston on March 2nd and 3rd. The program will have several mock demonstrations including

Nonimmigrant consultation
Permanent resident consultation
Disgruntled clients
Naturalization interview
Criminal issues
Wrapping up your case
Removal hearing

The program has excellent speakers including frequent Siskind’s Immigration Bulletin columnist Gary Endelman who will speak on Congress’ plans for immigration reform. I’ll be speaking on immigration resources on the Internet and also moderating a panel on retainer agreements and fee arrangements.

You can register for the program online and see the full brochure by going to http://www.texasbarcle.com/CLE/AABuy0.asp?sProductType=EV&lID=5835

Siskind Susser and two individual attorneys were ranked by Chambers and Partners. Siskind Susser is ranked in the top 15 immigration law firms in the country. Attorney Greg Siskind was listed among the top 25 immigration lawyers and Attorney Lynn Susser was listed among the top 50. Click here to see the write-up.

Here is the table of contents for the latest Siskind's Immigration Bulletin. Click here to get to any of the articles.

1. Openers
2. The ABC's Of Immigration: Preserving Green Card Status During Trips Abroad
3. Ask Visalaw.com
4. Border News
5. News From The Courts
6. Government Processing Times
7. News Bytes
8. International Roundup
9. Legislative Update
10. State Department Visa Bulletin
11. Guest Column: It is Time to Tackle Immigration Reform, by Stephen Yale-Loehr
12. e-Passport Process to be Tested at San Francisco International Airport
13. Overview of Chertoff-Rice Plan to Improve Border Security
14. Extension of Validity of Medical Certifications on Form I-693
15. USCIS Reaches H-1B Cap for FY 2006

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