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Free Subscription to SHUSTERMAN'S IMMIGRATION UPDATE
Back Issues of SHUSTERMAN'S IMMIGRATION UPDATE
Volume Eleven, Number Four
SHUSTERMAN'S IMMIGRATION UPDATE is the most popular e-mail newsletter regarding U.S. immigration laws and procedures with over 44,000 subscribers located in more than 120 countries.
Published by the Law Offices of Carl Shusterman, 600 Wilshire Boulevard, Suite 1550, Los Angeles, California, 90017. Phone: (213) 623-4592 X0
To subscribe, type in your name and e-mail address at http://shusterman.com/subscribe.html#subscribe and click on "Subscribe".
To unsubscribe, type in your e-mail address at http://shusterman.com/subscribe.html#unsubscribe and click on "Unsubscribe".
Disclaimer: This newsletter is not intended to establish an attorney- client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.
Individuals who are unable to pay the fee may apply to appear in forma pauperis. Federal Rule of Appellate Procedure 24 sets forth the requirements and procedures for proceeding in forma pauperis. Affidavit forms are available on the courts' web sites (which assumes that paupers have access to computers).
We link to the web sites of all U.S. Courts of Appeals from our "Deportation" page at
Among helpful features we've discovered, Tracker has a job bank that allows us to re-use job descriptions that we frequently rely upon for labor certifications. Tracker also allows us to electronically file form ETA-9089 (PERM). Initially, we didn't know we could use Tracker's Outlook integration to save an e-mail into Tracker from Outlook: with one click in Outlook, anyone in our office can go to the person's record in Tracker and see the e-mail. Tracker also has a great mail-merge feature that inserts data into an e-mail or document for us based on information already in the Tracker database. For common client templates, like company support letters, Approval Notices and client notification e-mails, this slashes typing time by more than half.
To learn more, check out Tracker's latest newsletter to its customers at
Editor's Note: The bill before the Senate is far from perfect. It contains a number of virulently anti-immigrant provisions which should be removed from the legislation before the final vote. See
Make no mistake about it, this debate is about race, about prejudice and about fear of the foreigner. And truth be told, every new wave of immigration to the United States has always been accompanied by such fears.
Not long after the United States was founded, the Alien and Sedition Acts of 1798 were enacted for political purposes. See
The Supreme Court of the United States in U.S. v. Bhagat Singh Thind, 261 U.S. 204 (1923), found that while Indians were indeed anthropologically Caucasian, the framers of the Constitution could never have intended letting them enter the country and be naturalized. Justice Sutherland stated that while "it may be true that the blond Scandinavian and the brown Hindu have a common ancestor in the dim reaches of antiquity, the average man knows perfectly well that there are unmistakable and profound differences between them today."
Again, in 1934, the Supreme Court interpreted the Naturalization Law of 1790 to define "white peoples within the meaning of the statute (as) members of the Caucasian race as defined in the understanding of the mass of men. The term excludes the Chinese, the Japanese, the Hindus, the American Indians, and the Filipinos."
Also, in 1934, to effectively stop Filipino immigration to the U.S., Congress passed the Tydings-McDuffie Act which reclassified Filipinos from U.S. nationals into "aliens" and capped the number of Filipinos eligible to immigrate to the U.S. at 50 per year. See
Tomorrow, on May 1st, there will be marches and rallies in cities across the United States. We, at the Law Offices of Carl Shusterman, will participate, and we urge the readers of this newsletter to do so as well. We hope that Congress will remain true to our nation's ideals and pass the comprehensive immigration reform bill now pending in the Senate. The sight of millions of people demonstrating in favor of the bill tomorrow may help our elected representatives see the light.
In response to the efforts of a radical fringe which would deny legalization to today's undocumented workers, we reply to them with the words of the man who became the 40th President of the United States, Ronald Reagan:
"America stands unique in the world, the only country not founded on race, but on a way - an ideal. Not in spite of, but because of our polyglot background, we have had all the strength in the world. This is the American way."
The Immigration Service (CIS) lists its processing times for immigration petitions and applications on their web site.
Most immigration applications and petitions must be submitted to one of the following USCIS Service Centers: (1) Laguna Niguel, California; (2) Lincoln, Nebraska; (3) Mesquite, Texas; and (4) St. Albans, Vermont and (5) the National Benefits Center in Missouri.
These service centers periodically issue lists of their processing times for various types of petitions and applications. We link to the latest list issued by each service center.
Warning: Processing times may appear faster on the official lists than they are in reality.
To see how fast (or slow) your service center is processing a particular type of petition or application, see our Government Processing Times Page at
The AAO's most recent published processing times (March 23, 2006) may be found at
The State Department web site contains a "Visa Wait List" page which permits readers to choose a particular U.S. consular post and learn how long it takes the post to process temporary, nonimmigrant visas. See
As a basic guide, the following documents should be kept in the recruitment file to ensure a quick and easy response to an audit letter:
The employer cannot reject a U.S. worker if the individual could acquire the skills necessary to perform the position through a reasonable period of on-the-job training. A reasonable period is not defined in the PERM regulations because this clearly depends on numerous factors, such as the occupation, industry and the nature of the job.
The employer must always sign the recruitment report prior to filing the application and have it available upon request.
It is permissible to use the same prevailing wage determination for more than one application provided that it is for the same occupation, job duties and skill level, the same wage source is applicable and the same area of intended employment is involved.
The notice must state that it is being posted as a result of a filing of an application for permanent labor certification for the position described. It should invite any person to provide documentary evidence bearing on the application to the Department of Labor and clearly state how to contact the Certifying Office and give the appropriate address. The notice must also contain all of the key elements of the job advertisement and a rate of pay. The notice can contain a wage range as long as the lower level of the stated range is at or above the prevailing wage.
The Department of Labor does not view the posting notice as a form of recruitment. In fact, the purpose of the notice requirement is to provide a way for current employees and other interested parties to make comments and submit documentation about an application for labor certification.
In addition to the printed posting notice, the employer must publish the job opportunity in all in-house media no matter what format (i.e. printed or electronic). The position must be posted for the same duration as any other comparable positions posted in that medium.
If all this information is immediately available when the Department of Labor requests an audit, the employer will be easily able to satisfy DOL's request well within the 30-day response time.
To read more about the PERM process, see our "Department of Labor: Immigration Resources" page at
Such anxiety is clearly warranted: on top of the years-long Labor Certification backlog, the EB-3 priority date backlog lengthens the green card queue for a few more years. And what if their Labor Certifications were denied? Goodbye Houston, hello Tehran! They were waiting indefinitely for approvals from the Backlog Elimination Center for an employer for which they no longer worked. Although this would make a great plot for "Waiting for Godot, Part II - Revenge of the Feds", it was not much of an immigration strategy.
A few months ago, the hapless duo called us wondering if there was anything we could do to improve their chances of getting green cards.
It didn't take a Rocket Scientist to figure out that their immigration salvation lay in the following four letters: PERM.
The nifty thing about filing under PERM was that their current employer could submit new applications without disrupting their long-pending Labor Certifications. This was important since it was the pendency of these golden oldie applications which enabled them to keep extending their H-1B status year after year.
Even better, the senior level of their present jobs required the many years of experience that they had acquired working for their prior employer. On top of their Bachelors degrees, the two Systems Architects now possessed at least five years of progressively more complex professional experience. Just as a beautiful butterfly emerges from an ugly cocoon, the wrinkled old EB-3s with their accompanying five-year backlog had morphed into stunning, and current, EB-2s.
We would be less than honest not to disclose that things did not move forward without a couple of glitches. Due to a computer error, the initial PERM applications were denied (Although recruitment was conducted within the 30-day window allowed under the regulations, the system failed to recognize this and issued erroneous denials).
However, the second PERM applications, which were submitted just a few days later, resulted in both cases being approved. Now, we have submitted I-140s and I-485s for both Mr. V and Mr. E and, with a little bit of luck, they will get their green cards before the end of 2006!
To read more of our Immigration Success Stories, see
The PACER system can be an important case management and tracking resource for attorneys. It allows attorneys to monitor the docket in their pending cases, and ensure that all filings from opposing counsel and orders of the Court have been received. It can also be used as a legal research tool, as many jurisdictions provide copies of documents that are filed in federal cases.
The PACER system is not restricted to attorneys, however. Perhaps you are a layperson considering whether to hire an attorney to handle federal court litigation on your behalf. You can use the PACER system to find out how many cases your attorney has handled in federal court.
How do you become a registered user? The first step is to complete the PACER on-line registration form. We link to the registration form from our "Deportation" page at:
For example, if you search the Ninth Circuit Court of Appeals by attorney name and enter "Shusterman, Carl," you will see a list of all Appeals and Petitions for Review where I am the attorney of record. Want to see the latest status for our lawsuit challenging the National Interest Wavier rules for physicians? Just click on the case number for Schneider, et al. v Ridge, et al, and you will see that the Court heard oral arguments on this matter on December 5, 2006, and has taken the case under consideration.
The Court of Appeals docket information is essentially a time line, listing all filings, motions, orders and other activity in a given case. If you're an attorney, you may want to use the PACER database to ensure that you have received all briefs and motions from opposing counsel, or all orders from the Court. It is also a quick and easy way to verify that your filings have been received and accepted by the Court.
The District Court database often contains more information than what is available through the Circuit Court PACER database. In addition to viewing the docket for an individual case, many jurisdictions allow you to view and print documents which have been filed, or orders issued by the Judge.
The ability to view documents can be a valuable research tool for attorneys, who may find it helpful to review memoranda or court orders in cases which later became precedent decisions. The minimal costs associated with viewing such documents can make the PACER system a practical alternative to more expensive legal research tools.
For example, search the PACER database for the California Central District Court. When you select the Central District link, you will be taken to a welcome page with a list of links at the top of the screen. Select the "Query" link in order to begin your search.
If you search by attorney name, and enter "Shusterman, Carl," you will be provided with a list of 16 cases where I am listed as the attorney of record. In order to view the details of a particular case, simply click on the case number. You will then have the opportunity to search for case status, case summary, or view the docket report for the case you have chosen. When viewing the docket report, items that are underlined and in blue (hypertext links) are available to open and print, if desired.
We have found the PACER database to be a valuable resource for case status information, and a relatively inexpensive legal research tool. If you would like learn more about the PACER system, visit the PACER FAQ page. We link to the PACER FAQs from our "Deportation" page at:
Goa is a tiny state on the west coast of India which was colonized by the Portuguese in 1510. Even after the British left India in 1947, the Portuguese stayed on in Goa.
I still remember reading in American newspapers in 1961 how the brilliant Indian Defense Minister Krishna Menon persuaded Prime Minister Nehru to send India troops into Goa, forcing the Portuguese to relinquish their 400+ year hold on this part of the Indian subcontinent. When he was accused of aggression by the West, he retorted that "colonialism itself is a permanent aggression".
After a short flight down the west coast of India from Mumbai, we landed at the Goa airport. The bus trip from the airport to our hotel took about an hour. The scenery looked like a Caribbean island, and the music blaring from the speakers was distinctively reggae. I had heard about all the hippies who settled in Goa in the 1960s. It all seemed right.
Goa is a beachgoer's dream. We stayed in a small hotel near the beach. Every morning, after an outdoor Indian buffet breakfast, I would head for the beach. The sand was pristine, without a single piece of trash. I would jog for a couple of miles, then jump into the beautiful Arabian sea in order to cool down.
Goa is filled with tourists, most of them Europeans, primarily from Eastern Europe and Russia. I challenged an 11-year-old boy to a game of table tennis, and got thrashed. My son and I made friends with his father, a stocky man from Canada of Indian origin. He had brought his three sons to India to acquaint them with their heritage. He explained to me that he was an Ismaeli Muslim and a follower of Aga Khan, the billionaire philanthropist. I learned that the Ismaelis had broken away from the Shiites in the 7th century. He was very friendly, and told me about all of the hospitals and schools and other good works financed by the Ismaelis.
Hindus, Moslems and Catholics seem to live harmoniously together in Goa. We visited the Basilica de Bom Jesus in Old Goa where we viewed the tomb of St. Francis Xavier, a 16th century Portuguese missionary.
We also took a tour which ended with a river cruise.
Mostly, we ate seafood delicacies, listened to music, watched dancers and acrobats, and enjoyed a fantastic New Year's fireworks display.
After a couple of days of R&R, we bid our relatives goodbye, and flew to New Dehli in the north of India.
Not so fast!
Our son and the Indian portion of our family flew back to Mumbai, but our flight on "Spice Air" was delayed for more than four hours. To pass the time, I visited the airport bookstore where I purchased a book about India by V.S. Naipul. Mr. Naipul is a Nobel Prize winner in literature who, though born and raised in Trinidad, is of Indian origin. He had visited India in the early 1960s and again in the late 1990s. He was amazed at the economic progress that India had made. Some of his observations were quite interesting. He told of a civil servant who spent the equivalent of his 20 months salary to finance his daughter's wedding. I also learned about Dr. Ambedkar, a lawyer who help draft India's constitution. Dr. Ambedkar is held in high regard by India's dalits (literally "broken people") who are more commonly known as "untouchables". Millions of dalits have become Muslims, Christians and Buddhists in an effort to escape from the bottom rung of India's caste system. Dr. Ambedkar himself converted to Buddhism, a religion which originated in India, and he encouraged the dalits to do the same.
Below are links to two of my photographs from Goa:
What adventures awaited us in New Delhi and in Rajasthan?
*** TO BE CONTINUED ***
10:00am - Noon, CT
Texas Hospital Association
Topic: Immigration and Foreign Health Care Professionals
For more information, please see
2:00 - 3:30pm, ET
American Immigration Lawyers Association
Topic: Nurses and Health Care Workers
AILA members may obtain more information about the teleconference at
10:00 - 11:00am St. Jude Hospital
Pacific Coast Association of Health Care Recruiters
Topic: "Immigration of Nurses and Allied Health Care Professionals" For more information, see
6:30 - 8:30pm Henry B. Gonzalez Convention Center
American Immigration Lawyers Association
Topic: "Doctors and Healthcare Workers"
For more information, see
9:45 - 11:15am
National Business Institute
My Topics:
Immigration and Employment: Legal Aspect of Hiring Foreign Workers
Links to the transcripts of all of our chats are posted online on our "Chat" page at
We link to selected audio programs regarding immigration produced by National Public Radio at
He called on the priests to ignore the H.R.4437 bill if it passes to become a law. He is also an outspoken critic of the bill.
My name is Muhammad Ali. I am an immigrant from Pakistan and live in Los Angeles.
I read know the answer to the quiz from the news.
I have recently subscribed to your very informative newsletter.
Thank you. Editor's Note: To read an interesting article entitled "Bishops United on Immigration", see
May 1, 2006
Carl Shusterman
Certified Specialist in Immigration Law, State Bar of California
Former U.S. Immigration & Naturalization Service Trial Attorney (1976-82)
Board of Governors, American Immigration Lawyers Association (1988-97)
Phone: (213) 623-4592 Fax: (213) 623-3720
Law Offices of Carl Shusterman, 600 Wilshire Blvd., Suite 1550
Los Angeles, California 90017
"Our entire system of justice for immigrants is complicit in a process that takes advantage of a vulnerable population and results in fundamentally unfair proceedings... To remove a person whose only guides have been notarios and appearance attorneys is to secure a cheap victory at the cost of fairness... Something must be done to motivate IJs and government attorneys to ensure that immigrants are not represented by attorneys who have known their clients for five minutes. Because prejudice is inherent in this notario system, I would grant the petition solely on the basis of egregious violations of Petitioners' constitutional right to due process." Angeles Castro v. Gonzales, 9th Cir. No. 03-73120, Apr. 20, 2006.
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