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  1. Jan 21 - Pass It On

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 21, 2009
    Items:
    1.* Comment: Pass It On
    2.* Focus: Today Is The Deadline For PERM For Beginners
    3.* Articles:
    *** (a) Cash Flow: Ten Tips To Keep It Moving by Ed Poll
    *** (b) Now Is The Time For Immigration Reform by Thomas W. Roach
    *** (c) Immigrants Of The Week: Colin Farrel, Padmasree Warrior,
    *** and Vivek Kundra by Greg Siskind
    4.* News:
    *** (a) Supreme Court Grants Cert In Immigration Case
    5.* Classifieds:
    *** (a) Help Wanted: Immigration Paralegal
    *** (b) Help Wanted: Immigration Paralegal
    *** (c) Credential Evaluation
    *** (d) Immigration Law Certificate
    6.* Headlines:
    *** (a) Bush Commutes Prison Sentences of 2 Ex-Border Agents
    *** (b) Death Prompts Probe Of Immigration Center
    *** (c) Will Obama Bring Home the Neocons?
    *** (d) Circuit Court's Loss Is Immigration Court's Gain
    7.* ComingsNGoings:
    *** (a) Share Your Professional News
    8.* Letters From:
    *** (a) Merrill Clark, Esq.
    *** (b) Samuel D. Blanco, Esq.
    *** (c) All Lla
    *** (d) Roger Algase, Esq.
    *** (e) Sergi Sheplov
    *** (f) Carolyn Beverly Kenney
    *** (g) Edgar Martinez
    http://www.ilw.com/immigdaily/digest/2009,0121.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    Books On Immigration Law: http://www.ilw.com/books/
    Immigration Law Seminars: http://www.ilw.com/seminars/
    Immigration Law Workshops: http://www.ilw.com/workshops/
    Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
    To Get Clients: http://www.ilw.com/directory/about.shtm
    Advertise: http://www.ilw.com/corporate/advertise.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    _________________________________________________________________
    1.* COMMENT
    Pass It On
    If you find Immigration Daily a valuable resource, won't you
    please share it with your friends and colleagues? We thank you
    for it and they will too. To begin receiving your email version
    of Immigration Daily, simply submit your email address in the
    text box on our homepage. http://www.ilw.com
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.* FOCUS
    Today Is The Deadline For PERM For Beginners
    ILW.COM is pleased to announce a new 3-part telephone seminar
    series "PERM For Beginners" with discussion leader Sofia Zneimer
    and speaker Ellen Freeman, with other speakers to be announced.
    The curriculum is as follows:
    FIRST Phone Session on January 21: Understanding the PERM Process
    ++ Statutory background and agencies involved ++ Who is the
    client and payment of fees ++ Purpose of the PERM* process -
    willing, able, qualified, and available ++ Timing of the process
    - counting the days and periods ++ Considerations - alien
    ownership and control, ability to pay, layoffs, internal and
    external consistency, job zones, SVP, combination of duties,
    educational requirements, restrictive requirements, job
    requirements for current status of alien, internal and external
    consistency ++ SVP, Job Zones, and what is normal ++ Business
    necessity issues ++ Job description and minimal requirements ++
    Filing options for form ETA 9089 ++ Document Retention
    requirements
    SECOND Phone Session on February 18: Preparation of the PERM
    Application
    ++ Employer registration and attorney sub-account ++ Prevailing
    Wage ++ Recruitment Plan ++ Job Order ++ Mandatory Printed Ads -
    elements, placement, considerations ++ Additional steps for
    professional jobs - what is a professional job anyway? ++
    Recruitment Report - elements and considerations ++ Qualified US
    workers ++ Audit preparedness ++ Discussion of best practices to
    manage the process ++ Schedule A and Special Handling
    THIRD Phone Session on March 18: PERM Sticky Issues
    ++ Prevailing Wage issues - private wage survey, wrong
    classification, wrong salary, and other wrongs ++ Notice issues
    ++ Roving employees and layoffs ++ Occupation, Job Zones, and
    SVP, and OES changes ++ Business Necessity and Normal
    Requirements - Magic Language ++ On the job training ++ Typos
    and other errors in submitted and approved labor certifications
    ++ Attorney-Client relationship in PERM applications ++ Attorney
    consideration of applicants - do's and don'ts ++ Reconsideration
    and Appeal ++ Summary of best practices***
    The deadline to sign up is Tuesday, January 20th.
    For more info, including speaker bios, detailed curriculum, and
    registration information, please see:
    http://www.ilw.com/seminars/200902.shtm. Fax version:
    http://www.ilw.com/seminars/200902.pdf.
    *_________________________________________________________________
    3.* ARTICLES
    (a) Cash Flow: Ten Tips To Keep It Moving
    Ed Poll writes "Cash is the grease that makes the business wheel
    turn, and the practice of law is definitely a business."
    http://www.ilw.com/articles/2009,0121-poll.shtm
    http://www.lawbiz.com/
    (b) Now Is The Time For Immigration Reform
    Thomas W. Roach writes "2009 is the year for comprehensive
    immigration reform. The stage is set, the stars are aligned and
    the time is now."
    http://www.ilw.com/articles/2009,0121-roach.shtm
    http://www.roachlaw.com/tom.html
    (c) Immigrants Of The Week: Colin Farrel, Padmasree Warrior, and
    Vivek Kundra
    Greg Siskind honors immigrants of the week.
    http://www.ilw.com/articles/2009,0121-siskind.shtm
    http://blogs.ilw.com/gregsiskind/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.* NEWS
    (a) Supreme Court Grants Cert In Immigration Case
    The Supreme Court granted cert in Nijhawan v. Mukasey. For the
    Supreme Court docket, see here.
    http://www.ilw.com/immigdaily/news/2009,0121-supreme.shtm
    For the 3rd Circuit opinion (No. 06-3948), see here.
    http://www.ilw.com/immigdaily/cases/2009,0121-nijhawan.pdf
    http://www.ilw.com/immigdaily/news/2009,0121-nijhawan.shtm
    _________________________________________________________________
    5.* CLASSIFIEDS
    (a) Help Wanted: Immigration Paralegal
    St. Louis, MO - Stinson Morrison Hecker LLP
    http://www.stinson.com
    seeks an experienced paralegal to assist in case management and
    preparation of a wide range of employment-based immigrant and
    non-immigrant petitions, PERM applications and Adjustment of
    Status applications. Stinson Morrison Hecker LLP is one of the
    nation's largest law firms, with 335 attorneys in eight offices
    with experience in more than 45 practice areas, and represents
    clients in a full range of corporate, transaction and litigation
    matters. Please send resume with salary requirement to Lisa K
    Lange at: mailto:llange@stinson.com.
    (b) Help Wanted: Immigration Paralegal
    Downtown Washington, DC firm
    http://www.paulhaarlaw.com
    seeks mature and responsible senior business immigration
    paralegal with 4+ years experience in business immigration cases,
    including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and
    EB-2) and PERM.* Must be capable of independent work, including
    legal research, intensive client contact and drafting responses
    to complex RFEs and NOIDs.* Bilingual Spanish/English speaker
    preferred.* Must have bachelor's degree and excellent native-
    level English writing skills.* We are a boutique immigration firm
    with a fast-paced yet collegial atmosphere and no billable hours
    requirements.* Salary commensurate with experience.* Please email
    resume, references and writing sample to
    mailto:pschwartz@paulhaarlaw.com.* No calls please.
    (c) Credential Evaluation
    Do not order a foreign credential evaluation until you read this.
    http://www.thedegreepeople.com
    Career Consulting International offers credential evaluation of your
    non-US degree. Fast service at low prices. Mention Immigration Daily
    to receive 3-day rush service at no extra cost (reg. price $70, rush
    service $70 = savings of $70). H1B and I-140 specialists.
    Evaluations of 4 year degrees (72hr. rush service) only $70.00.
    Also 3 year degrees combined with PGD, second degrees, or work
    experience. Pay online. Toll-free fax/phone numbers. Our clients
    say it better than we do: "I don't know what to say but you
    changed my life. In a place that others failed you came and with
    your evaluation... I just got approved to my I-140." "I'd like to
    thank you for your services in evaluating my educational
    documents. You helped me in a difficult situation and through
    extensive research you were able to get results that other,
    "bigger" agencies were unable to achieve".
    http://www.thedegreepeople.com/testimonials.html to see more
    testimonials. Free consultation. Call today toll free:
    1.800.771.4723
    (d) Immigration Law Certificate
    Master the complex and ever changing maze of immigration policies
    and regulations with the Immigration Law Studies Certificate
    Program offered by CUNY's School of Professional Studies. This
    graduate-level certificate program, consisting of (3) three-
    credit classes, offers students who complete it a comprehensive
    understanding of the laws, regulations, and processes surrounding
    the status of immigrants in the US, including family and
    employment-based immigration and deportation defense. It is
    designed for individuals working in law firms, companies,
    government agencies and nonprofit organizations where they
    interact with immigrants and immigrant legal concerns on a
    regular basis and would therefore benefit from greater knowledge
    of the laws and regulations surrounding immigration. Beginning
    this spring, the program is also being offered online. For more
    information on class schedules, tuition and fees, course
    applications and to register, see here.
    http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP
    _________________________________________________________________
    6.* Headlines
    (a) Bush Commutes Prison Sentences of 2 Ex-Border Agents
    President George W. Bush, on the eve of leaving office, commuted
    the sentences of two former agents of the U.S. Border Patrol who
    were convicted of shooting an unarmed Mexican drug smuggler as he
    attempted to flee.
    (b) Death Prompts Probe Of Immigration Center
    A federal prosecutor is investigating whether staff at a Central
    Falls immigration detention facility will face criminal charges
    for the death of an inmate.
    (c) Will Obama Bring Home the Neocons?
    But on immigration, where the neoconservatives have never
    abandoned their traditional liberal sympathies for the newcomer,
    there is another basis for affinity.
    (d) Circuit Court's Loss Is Immigration Court's Gain
    One of the county's longest-serving judges with almost 20 years
    on the bench, O'Malley's last day was Friday. He is moving on to
    become a judge with the federal immigration court in Kansas City.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0121.shtm#Headlines
    _________________________________________________________________
    7.* ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
    newsletter in Immigration Daily, see here
    http://www.ilw.com/corporate/cross_promotions.shtm.
    (a) Share Your Professional News
    Send your professional announcement to: mailto:editor@ilw.com.
    Examples include: New Position, Honors And Awards, Mergers &
    Acquisitions, New Office Address, New Appointment, New Associate,
    New Attorney, New Partner. This is a free service.
    _________________________________________________________________
    8.* LETTERS
    Readers are welcome to share their comments, email:
    mailto:editor@ilw.com* (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    I am an immigration attorney and favor a fairly open immigration
    policy, with some surprising twists.* First, I believe in
    legalizing those illegally in the US, who are not criminals.* I
    also believe two surprising concepts.** 1. I believe we need to
    significantly tighten our borders. Two years ago an illegal
    friend brought his newly-arrived illegal friend and new bride
    from Mexico to our house during the winter for the bride to be
    clothed from our teenagers' clothes. The bride literally only had
    the clothes on her back and was successfully outfitted. Learning
    they used a coyote to cross the border, I asked them (en
    espanol): what percentage of people are getting through? They
    responded that they were part of eight groups of 15-40 people
    each and seven groups got through or 87.5%. With 87.5% getting
    through albeit two years ago, anybody may enter the US. We need
    to significantly tighten our borders.* 2.* If we tighten the
    borders and we do not enforce visa enforcements, it will result
    in the US not issuing as many visas, as the US knows that many
    people will not return, which will hurt many businesses in the US
    (and immigration attorneys). I met a taxi driver, who lived (I
    believe) in the Bahamas for six years. The law in the wealthy
    Bahamas per the taxi driver is if a person lives in the Bahamas
    for seven years, the person automatically becomes a citizen.
    After six years in the Bahamas, he was kicked out, preventing him
    from becoming a citizen. If we enforced our visas, i.e. actively
    pursuing those who violate their visas, we could then issue many
    more temporary visas to satisfy the many businesses who rely upon
    temporary immigrant labor. Your responses?
    Merrill Clark, Esq.* New York, NY
    (b) Dear Editor:
    I am pleasantly surprised to see, perhaps for the first time,
    positive comments about President Bush (01/20/09 ID comment). And
    it took only until the last business day of his 8-year presidency
    for this column to recognize the principled efforts of the
    President on behalf of immigrants - particularly over the
    opposition of his own party.** Much maligning has been done of
    President Bush over the years. Then again, it's not hard to hit a
    target that holds its ground. It will be interesting to see what
    sort of criticism will be cast on the next president's policies,
    especially when the principles upon which those policies are
    grounded change with the public's temperament. Then again, is
    appeasement a policy or a principle?
    Samuel D. Blanco, Esq. FL
    (c) Dear Editor:
    Passing CIR is a dilemma for a legislature-politician (01/20/09
    ID comment). Immigration is a national issue and yet lawmakers
    have to look after the current temperament of their electorate
    which is a local issue before casting their votes. A politician
    from a small state or district could always make a noise and
    derail its passage.* Put simply, local issues would always trump
    immigration thus in this case, the will of the majority is not
    necessarily observed, which is absurd in a democracy like USA
    All Lla
    (d) Dear Editor:
    Mario Apuzzo's letters arguing that Barack Obama is not eligible
    to be President even if born in the US, because of his Kenyan
    father, claim that the term "natural born citizen" of the US, as
    used in Article 2 of the Constitution dealing with eligibility to
    become president, is more restrictive than US citizenship by
    birth in the US under the 14th Amendment (01/16/09 ID). But the
    dissenting Justices in the landmark 1898 Supreme Court case of US
    v. Wong Kim Ark rejected this distinction, even though they also
    supported a narrow view of the 14th Amendment for the opposite,
    and overtly racist, reason that reading the Amendment broadly
    would have allowed someone of Asian descent to become President
    as a "natural born citizen" under Article 2. Jim Roberts' recent
    letter argues that someone born in the US to a foreign citizen
    parent is not "subject to the jurisdiction of the United States"
    within the meaning of the 14th Amendment. But the majority
    decision in Wong Kim Ark read the* 14th amendment as adopting the
    English common law doctrine that, regardless of parents'
    citizenship, anyone born in the US to parents who are not beyond
    the reach of US law (such as though diplomatic immunity) is
    "within the jurisdiction of the US" and therefore a US citizen by
    birth. The majority opinion also relied on the racial argument
    that it would be unfair to deprive a European (i.e. white) US
    born child of US citizenship just because he or she might have a
    foreign citizen parent. A century ago, race clearly influenced
    legal thinking about US citizenship. How much has changed since?
    Roger Algase, Esq.** New York, NY
    (e) Dear Editor:
    Regarding Mr. Roberts letter's belief (01/20/09 ID) the
    Government has the right to decide who gets to live happily ever
    after, "the state has to draw the line somewhere regarding entry
    numbers". It strikes me that it doesn't occur to this writer that
    there are many places to "draw the line" but his letter's callous
    belief it should be through a married couples life belies his
    comment he respects the institution of marriage.* Its almost as
    if some of the folks who are so restrictionist in thier thinking
    have elevated "the rule of law" to become a new religion that
    they worship more than the rights we were given by our creator.
    Restrictionists never discuss the rights of the American Citizen
    in the mixed status family, its almost as if he believes you lose
    your rights as a US Citizen if you choose to marry a foreign
    national.* Roberts letter completely skirts the real issue which
    is the constitutional right of a US Citizen to family unity in
    thier own country. No discussion of the other troubling issue,
    the reach and scope of government interference into our daily
    lives. How much is too much? If interference into mixed status
    families lives is "good policy" why not all citizens marriages?
    The restrictionist mindset contrives progressively more punitive
    and draconian Immigration Laws, unfortunately they don't work,
    and often are punative to taxpayers as well. Mr Roberts comments
    are devoid* of a connection to the reality of life as we live it.
    People who go to school, work and live in the same community are
    exposed to each other and meet and fall in love. This part of the
    human equation cannot be changed because of geographical
    location.
    Sergi Sheplov
    (f) Dear Editor:
    Responding to ID's 01/20/09 comment, how hypocritical can one be?
    and what an imagination you have, your parents must be oh so
    proud of you, especially if any of your relatives served in our
    armed forces. How about placing the blame where it belongs? right
    on the backs of those so called loving parents! They knew they
    were here illegally, but did it stop them from dropping those
    anchor babies. You can call me racist, but know this I am 100%
    American Indian. I have never screamed racism, even when being
    treated as "lesser" by people like you. I am a legal citizen of
    both the US and Canada. As a Mohawk Indian I did not have to
    immigrate ... but I did because it was the right thing to do. I
    would never have dreamed of jumping a border and expect another
    Country to take care of me. Can you say that for your beloved
    invaders of the US? I have had at lesat one member of my family
    defend the constitution of the US since WW II, even though my
    family originates in Canada. My father and his brothers earned
    citizenship here in the US by defending this country. They didn't
    jump a border. We are in the middle of a depression. Why should
    we reward these invaders by giving them shamnesty? They have
    stolen jobs by under bidding legal American citizens, they raid
    our Social Services, their children receive free educations, they
    are the cause of thousands of ER's being shut down by never
    paying a dime to the expenses they incur. You live in some kind
    of dream world. Actually, leave your dream world and walk a mile
    in shoes of one the "regular Joes "out here.
    Carolyn Beverly Kenney
    (g) Dear Editor:
    ID had to go for the fake sob story. Hasn't ID learned that they
    don't work. Americans see beyond that. Besides, no one is being
    separated from their family. Any child can leave the country with
    their parents. Stop lying and favoring illegal aliens who are
    destroying this nation daily.
    Edgar Martinez
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
    colleague!
    Publisher: Sam Udani** Legal Editor: Michele Kim** ISSN:1930-062X
    An Important disclaimer! The information provided on this page is
    not legal advice. Transmission of this information is not
    intended to create, and receipt by you does not constitute, an
    attorney-client relationship. Readers must not act upon any
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    attorney. Copyright 1999-2008 American Immigration LLC, ILW.COM.
    Send correspondence and articles to editor@ilw.com. Letters and
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    any medium. The views expressed in letters and articles do not
    necessarily represent the views of ILW.COM.
    _________________________________________________________________
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  2. Jan 20 - Farewell Mr Bush

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 20, 2009
    Items:
    1.* Comment: Farewell Mr Bush
    2.* Focus: The H-1B Book Shipping Now
    3.* Articles:
    *** (a) Is My Client In A Period Of Stay Authorized By The
    *** Attorney General? It Depends On Who You Ask by Danielle Rizzo
    *** (b) Fixing Border Security And Immigration: A Memo To
    *** President-Elect Obama by Jena Baker McNeill and James Jay
    *** Carafano
    *** (c) Bloggings On PERM Labor Certification by Joel Stewart
    4.* News:
    *** (a) DHS Publishes Correction To H-2B Final Rule
    *** (b) DHS Publishes Correction On Acceptable Identity Documents
    *** For Employment Eligibility Verification
    *** (c) DHS Publishes Correction To US VISIT Final Rule
    5.* Classifieds:
    *** (a) Help Wanted: Immigration Paralegal
    *** (b) Help Wanted: Immigration Paralegal
    *** (c) Credential Evaluation And Translation
    *** (d) Case Management Technology
    6.* Headlines:
    *** (a) Immigration Officials End RI Detention Contract
    *** (b) Feds Plan to Take DNA Samples of Anyone Arrested for
    *** Immigration Violations
    *** (c) Immigration Issue Hurts GOP
    *** (d) Napolitano Outlines Immigration Policy
    7.* ComingsNGoings:
    *** (a) Immigration Event - New York, NY
    8.* Letters From:
    *** (a) Sid Lachter, Esq.
    *** (b) Roger Algase, Esq.
    *** (c)
    *** (d) Sergi Sheplov
    http://www.ilw.com/immigdaily/digest/2009,0120.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    Books On Immigration Law: http://www.ilw.com/books/
    Immigration Law Seminars: http://www.ilw.com/seminars/
    Immigration Law Workshops: http://www.ilw.com/workshops/
    Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
    To Get Clients: http://www.ilw.com/directory/about.shtm
    Advertise: http://www.ilw.com/corporate/advertise.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    _________________________________________________________________
    1.* COMMENT
    Farewell Mr Bush
    America bids farewell to President Bush on Tuesday, and welcomes
    Mr. Obama to the Presidency. We pause at this moment to briefly
    consider Mr. Bush's immigration record, as it will likely appear
    in the long view of history. We realize that history will judge
    Mr. Bush on the larger issues of keeping the country safe after
    9/11, the wisdom or lack thereof of the Iraq war, the fate of
    civil liberties during the Bush years, and many others. We make
    no comment on any of those, our purpose is simply to take the big
    picture on immigration.
    As far as the executive branch is concerned, there's a lot of
    well-deserved criticism to hand out. One thing stands out as
    particularly bad. Immigration enforcement towards the last few
    years of Mr. Bush's presidency was heavy-handed to the point of
    being inhumane. Especially inhumane was the treatment of families
    with young children where unweaned infants were separated from
    their mothers, and parents were often arrested without provision
    being made for young children in their care. Also especially
    inhumane was the treatment of detained women who were often
    chained to a hospital bed even when in labor. The general
    treatment of immigration detainees bordered on the abusive, at
    least insofaras the mentality of the custodians and their high
    level supervisors is concerned. Mr. Obama would do well to
    quickly and forcefully undo this deplorable chapter of our
    immigration history.
    The record is quite the opposite when looking at Mr. Bush's
    prodigious efforts on the legislative front. In our opinion, no
    President in American history has worked quite as hard and at so
    high a cost as Mr. Bush, to secure immigration benefits
    legislation from Congress. Despite suffering vicious attacks from
    racists within the Republican party, Mr. Bush tried valiantly
    several times (including with McCain-Kennedy and with Kennedy-
    Kyl) to get Congress to move on immigration. Mr. Bush will
    deserve some share of the credit when Congress ultimately gets
    around to CIR, in the sense of being the pioneer who paved the
    way, and has the arrows in his back to show for it. On this
    issue, Mr. Obama would do well to follow in Mr. Bush's footsteps
    and urge Congress to delay CIR not a moment longer.
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.* FOCUS
    The H-1B Book Shipping Now
    THE H-1B BOOK 2008-2009 Edition, Editor Karen Weinstock, is
    shipping now. The Table of Contents is as follows:
    ++Chapter One:** Interview The Client
    ++Qualifying the Position as a Specialty Occupation
    ++Qualifying The Employee
    ++Meeting Wage Requirements
    ++Lawyer's H-1B Consultation Questionnaire Form
    ++Lawyer's H-1B Task Checklist
    ++Chapter Two: Send The Client Intake Forms And Related
    Information
    ++Intakes Summary
    ++H-1B Employer Intake/Questionnaire Form
    ++H-1B Worker Intake/Questionnaire Form
    ++The Complete H-1B Process: Company Flowchart
    ++The H-1B Process: Company's Step-By-Step Explanation
    ++Explanation and instructions for spouses and children
    ++Chapter Three: Credentials: Verify That The Worker Has A US
    Bachelor's Degree Or Equivalent
    ++Credentials Summary
    ++If the worker has a U.S. degree - no evaluation is necessary
    ++If the worker has a foreign degree - order credentials
    evaluation
    ++If the H-1B petition is based on work experience or combination
    - order a work experience evaluation
    ++List of credentials evaluation firms, web sites and phone
    numbers
    ++Chapter Four: Determine The Prevailing Wage ++Understanding the
    Prevailing Wage
    ++Determining the Prevailing Wage
    +++O*NET, SOC, Wage Levels, Job Zone and SVP
    +++SESA or SWA Wage Determination
    +++FLC Data Center Wage Determination
    +++Wage Determination Through Other Wage Surveys
    ++Practice Examples in Determination of the Prevailing Wage
    ++Chapter Five: Prepare And File The Labor Condition Application
    (LCA)
    ++Introduction to the Labor Condition Application (LCA)
    ++Preparing and filing the Labor Condition Application (LCA)
    +++Online LCA filing
    +++Complete Online LCA and Receive LCA Approval Online
    +++Completing the LCA: Step by Step
    +++H-1B Dependent Employers Worksheet for the LCA
    ++ Detailed Description of Form ETA-9035E and its Obligations
    ++Sample of completed LCA (form ETA-9035E)
    ++Copy of form ETA9035CP (LCA cover pages)
    ++Chapter Six: Prepare The I-129, Related Forms And
    Petition Letter
    ++Form I-129
    ++H supplement to Form I-129
    ++Form I-129 H-1B Data Collection Supplement
    ++Form G-28
    ++Form I-907 if premium processing is applicable
    If the H-1B worker has a spouse and/or children:
    ++Form I-539
    ++Form I-539 Supplement 1 (if necessary for other family members)
    ++Chapter Seven: Send All The Forms And Petition Letter To The
    Clien
    t For Review & Signature
    ++Sample letter to client
    ++LCA posting notice
    ++Sample Letter to Employer Regarding Public Access File
    ++Memorandum to employers on Labor Condition Application
    ++Public Access File sample
    Chapter Eight: Assemble The H-1B Petition And Send To The USCIS
    Service Center
    ++General Filing Instructions (including list of service centers
    and filing addresses)
    ++Sample Cover Letter
    ++H-1B Petition document checklist
    ++Sample list of exhibits
    ++Chapter Nine: Troubleshooting
    ++Introduction
    ++Request for Additional Evidence
    ++Dealing with the dreaded request for evidence
    +++Sample Response to Request for Additional Evidence
    +++Second Example of Response to Request for Additional Evidence
    ++I-9 Compliance, Social Security Numbers and Driver's Licenses
    ++Changes in H-1B Employment and Amendments
    ++How Mergers, Acquisitions and other corporate Transactions
    Affect
    the H-1B
    ++Chapter Ten: Post-Approval Case Management
    ++Summary of Post-Approval Issues
    ++ Sample H-1B Approval Letter to Employees that are in the U.S.
    ++ Sample H-1B Approval Letter to Company - Employee(s) Abroad
    ++ Sample H-1B Approval Letter to Employees Abroad
    ++ Non- Immigrant Visa Consular Processing Information Sheet
    For more information about the book and to order, see here.
    http://www.ilw.com/books/theh-1bbook.shtm
    For the fax form, see here.
    http://www.ilw.com/books/theh-1bbook.pdf
    _________________________________________________________________
    3.* ARTICLES
    (a) Is My Client In A Period Of Stay Authorized By The Attorney
    General? It Depends On Who You Ask
    Danielle Rizzo writes "But there is a large gray area for those
    who have pending applications for adjustment of status but no
    nonimmigrant status; and for those who have timely filed
    applications for extension or change of status pending and whose
    prior status has expired."
    http://www.ilw.com/articles/2009,0120-rizzo.shtm
    http://www.usvisahelp.com/home
    (b) Fixing Border Security And Immigration: A Memo To President-
    Elect Obama
    Jena Baker McNeill and James Jay Carafano write "President-elect
    Obama, we applaud your commitment to secure our nation's borders,
    but securing our borders is simply one step toward protecting
    America and fixing our broken immigration system."
    http://www.ilw.com/articles/2009,0120-mcneill.shtm
    http://www.heritage.org/
    (c) Bloggings On PERM Labor Certification
    Joel Stewart shares the latest entries as of January 16, 2009 on
    his PERM Labor Certification blog.
    http://www.ilw.com/articles/2009,0120-stewart.shtm
    http://blogs.ilw.com/joelstewart/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.* NEWS
    (a) DHS Publishes Correction To H-2B Final Rule
    The Department of Homeland Security published notice of a
    correction to the H-2B final rule.
    http://www.ilw.com/immigdaily/news/2009,0120-H2B.shtm
    (b) DHS Publishes Correction On Acceptable Identity Documents For
    Employment Eligibility Verification
    The Department of Homeland Security amended its regulations
    governing the types of acceptable identity and employment
    authorization documents and receipts that employees may present
    to their employers for completion of the Form I-9, Employment
    Eligibility Verification.
    http://www.ilw.com/immigdaily/news/2009,0120-employer.shtm
    (c) DHS Publishes Correction To US VISIT Final Rule
    The Department of Homeland Security published corrections to the
    final rule which was published in the Federal Register on
    December 19, 2008. The pertinent regulations relate to the
    collection of biometric identifiers during the inspection of
    aliens at US ports of entry.
    http://www.ilw.com/immigdaily/news/2009,0120-USVISIT.shtm
    _________________________________________________________________
    5.* CLASSIFIEDS
    (a) Help Wanted: Immigration Paralegal
    St. Louis, MO - Stinson Morrison Hecker LLP
    http://www.stinson.com
    seeks an experienced paralegal to assist in case management and
    preparation of a wide range of employment-based immigrant and
    non-immigrant petitions, PERM applications and Adjustment of
    Status applications. Stinson Morrison Hecker LLP is one of the
    nation's largest law firms, with 335 attorneys in eight offices
    with experience in more than 45 practice areas, and represents
    clients in a full range of corporate, transaction and litigation
    matters. Please send resume with salary requirement to Lisa K
    Lange at: mailto:llange@stinson.com.
    (b) Help Wanted: Immigration Paralegal
    Downtown Washington, DC firm
    http://www.paulhaarlaw.com
    seeks mature and responsible senior business immigration
    paralegal with 4+ years experience in business immigration cases,
    including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and
    EB-2) and PERM.* Must be capable of independent work, including
    legal research, intensive client contact and drafting responses
    to complex RFEs and NOIDs.* Bilingual Spanish/English speaker
    preferred.* Must have bachelor's degree and excellent native-
    level English writing skills.* We are a boutique immigration firm
    with a fast-paced yet collegial atmosphere and no billable hours
    requirements.* Salary commensurate with experience.* Please email
    resume, references and writing sample to
    mailto:pschwartz@paulhaarlaw.com.* No calls please.
    (c) 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:
    http://aetsinternational.com/applicationforevaluationservices.pdf
    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
    http://www.aetsinternational.com, or email:
    mailto:info@aetsinternational.com.
    (d) Case Management Technology
    Offering enterprise-level software and unparalleled US-based
    support, ImmigrationTracker
    http://www.immigrationtracker.com
    is the most flexible and dependable immigration management
    solution on the market today. Designed by immigration attorneys
    and paralegals, ImmigrationTracker is often praised for its ease
    of use, intuitive features, and built-in immigration knowledge.
    As one of our customers noted, "If we had two years and unlimited
    funds to design our ideal immigration management system, Tracker
    would be it."* Phil Curtis, Chin & Curtis.* Find out for yourself
    why Tracker is the choice of: 83% of practicing Past Presidents
    of the AILA (American Immigration Lawyers Association, through
    June 2007); 86% of the 25 largest immigration law firms (IndUS
    Business Journal 2006); 75% of the AmLaw 200 (largest US law
    firms, American Lawyer Media, 2006); 3x as many globally ranked
    immigration attorneys as compared with other software vendors
    (Chambers Global and the International Who's Who of Business
    Immigration Lawyers, 2007). Schedule your private demo: Call
    1-888-466-8757 ext. 278 or email mailto:sales@immigrationtracker.com.
    _________________________________________________________________
    6.* Headlines
    (a) Immigration Officials End RI Detention Contract
    Federal immigration officials have terminated their contract
    with a detention facility following an investigation into the
    death of an inmate, and several members of the local board that
    oversees the jail have been replaced.
    (b) Feds Plan to Take DNA Samples of Anyone Arrested for
    Immigration Violations
    Had the new DOJ policy been in place, federal officials say many
    victims could have been spared.
    (c) Immigration Issue Hurts GOP
    President Bush on Sunday underscored what may be the single most
    destructive force at work in the Republican Party: its hostility
    on the issue of immigration.
    (d) Napolitano Outlines Immigration Policy
    Arizona Gov. Janet Napolitano, the nominee to be Homeland
    Security secretary, pledged Thursday to get tougher with
    employers who hire illegal workers.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0120.shtm#Headlines
    _________________________________________________________________
    7.* ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
    newsletter in Immigration Daily, see here
    http://www.ilw.com/corporate/cross_promotions.shtm.
    (a) Immigration Event - New York, NY
    'National Concern, Local Action: Immigrant Integration in New
    York', 9:00 a.m., Thursday, February 5, 2009* The Great Hall at
    Shepard Hall,City College of New York, 139th and Amsterdam Ave.,
    New York, N.Y. 10031. Admittance to the conference is free,
    however attendees must register in advance and registration for
    the luncheon will close on January 23rd.
    http://www1.ccny.cuny.edu/ci/powell/news/events.cfm.
    _________________________________________________________________
    8.* LETTERS
    Readers are welcome to share their comments, email:
    mailto:editor@ilw.com* (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    1.* Obama publicly produced exactly what Hawaii issues to
    everyone who orders a birth certificate.* If it is not, in fact,
    a birth certificate, neither is anyone else's and Hawaii needs
    Mr. Apuzzo's help to straighten out the mess.* 2.* Homeland
    security is under federal, not Hawaiian, jurisdiction.* 3.* Mr.
    Apuzzo's letter states that because John McCain's and Roger
    Calero's citizenship was challenged, they and their parties would
    not challenge Obama's.* What about the Democratic presidential
    primary candidates other than Obama?* All of them are
    unquestionably natural born citizens, and none of them said a
    word about Obama's citizenship.* Please, enlighten us on why.
    There must be an obvious answer that the overwhelming majority of
    us are not perceptive enough to think of on our own.
    Sid Lachter, Esq.
    (b) Dear Editor:
    Jim Roberts' 1/16/09 letter has finally come up with a seemingly
    serious Constitutional argument against holding that Barack Obama
    is a "natural born" US citizen, even if it is conceded that he
    was born in the US. Unfortunately for those who agree with Mr.
    Roberts' and Mr. Apuzzo's letters, the US Supreme Court carefully
    considered this argument and explicitly rejected it more than 100
    years ago, in US v. Wong Kim Ark (1898). Also unfortunately for
    those who claim that racism has nothing to do with this issue,
    the dissent in that case specifically relied on a overtly racist
    argument to support its contrary position. Wong Kim Ark was born
    in the US to parents who were both Chinese citizens, and
    therefore racially ineligible to become US citizens because of
    the Chinese exclusion laws. The US immigration authorities argued
    that, because Mr. Wong's parents concededly owed allegiance to a
    foreign power, he was not "subject to the jurisdiction of the
    US", and therefore not a US citizen under the 14th Amendment,
    even though born in the US. This is the same argument, as I
    understand it, that Mr. Roberts' letter makes about President-
    elect Obama. But the Supreme Court disagreed, holding that the
    intention of the 14th Amendment was to adopt the broad view of
    citizenship by birth of the English common law, which had long
    held that anyone born in England was a "natural born" citizen of
    England unless his parents were ambassadors or soldiers of a
    foreign country. The Supreme Court expressly rejected the
    contrary view of citizenship, held by some the US states before
    passage of the 14th Amendment, that made the parents' citizenship
    rather than the child's place of birth controlling. What would be
    the point of trying to reopen this issue now, which was so
    clearly settled 110 years ago?
    Roger Algase, Esq.* New York, NY
    (c) Dear Editor:
    Regarding the ID Letters of Jan.16th, S. Sheplov eloquently
    defends the importance of marriage in society with which few
    could disagree, certainly not myself. But Jesus taught many
    things including: "Render therefore unto Ceasar the things that
    are Ceasar's" (Matt. 22:21) thus acknowledging the state and it's
    sovereignty in secular matters. Ideally, the state is charged
    with looking after it's citizens interests including limited and
    controlled entry. The state does not preclude families from
    returning to their native lands to be together. Thus it is the
    individual that makes the final decision to remove him/her self
    from family in such situtions as the state has to draw the line
    somewhere regarding entry numbers. Everyone wants a free pass. If
    the letters of R. Algase sets forth uninformed, illogical,
    racially biased opinions, why should his letters be exempt from
    being called on it?* Responding to D. Murray's letter, I would
    say that my comments (1/15/09 ID) did refer to the RA
    letters/opinions as is ID protocol and accurately described my
    opinion regarding them. Readers can make their own assessments.
    Truth has always been a defense against defamation and always
    serves a "useful purpose". No letters have engaged in more "name-
    calling" and baseless charges of racism than the letters of RA
    who admits to being: "highly critical of Mario Apuzzo's letters
    because of their stubborn and irrational refusal to follow" RA's
    opinion and interpretation, flawed as they are. There is no
    humble search for truth in this revealing comment, only the
    dogmatic, intolerant labelling of other views as deficient. These
    are facts, not personal attacks. If the blind are allowed to
    lead, all "shall fall into the ditch" (Matt. 15:14).
    Jim Roberts
    (d) Dear Editor:
    Apparently ID knows a Sergi Sheplov who is also an attorney.
    However, the letter to the Editor that was written and appeared
    in the 1/16/09 ID issue was written by me. I wanted to clarify I
    am not an attorney nor do I play one on TV.
    Sergi Sheplov
    _________________________________________________________________
    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
    An Important disclaimer! The information provided on this page is
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    intended to create, and receipt by you does not constitute, an
    attorney-client relationship. Readers must not act upon any
    information without first seeking advice from a qualified
    attorney. Copyright 1999-2008 American Immigration LLC, ILW.COM.
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    articles may be edited and may be published and otherwise used in
    any medium. The views expressed in letters and articles do not
    necessarily represent the views of ILW.COM.
    _________________________________________________________________
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  3. Jan 15 - Business Immigration Law

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 15, 2009
    Items:
    1.* Comment: Business Immigration Law
    2.* Focus: The Nurse Immigration Book
    3.* Articles:
    *** (a) The Difficulties Of US Asylum Claims Based On Sexual
    *** Orientation by Swetha Sridharan for Migration Information
    *** Source
    *** (b) Underdeveloping Indiana by Manuel F. Ayau Cordon for the
    *** Foundation For Economic Education
    *** (c) Bloggings On Immigration Law And Policy by Greg Siskind
    4.* News:
    *** (a) CIS Ombudsman On AC21 Immediate Denial Notice
    5.* Classifieds:
    *** (a) Help Wanted: Immigration Paralegal
    *** (b) Help Wanted: Immigration Paralegal
    *** (c) Case Management Technology
    6.* Headlines:
    *** (a) Democrats Face First Immigration Test
    *** (b) Study: Female Immigrant Detainees Get Poor Care
    *** (c) An Immigration Reform
    *** (d) Lawmakers' Plans Help, Hinder Illegal Immigrants In
    *** Arkansas
    7.* ComingsNGoings:
    *** (a) New Appointment - Founding Executive Director
    8.* Letters From:
    *** (a) Sid Lachter, Esq.
    *** (b) John E. Shorkey, Esq.
    *** (c) David D. Murray, Esq.
    *** (d) Roger Algase, Esq.
    *** (e) Robert Gittelson
    http://www.ilw.com/immigdaily/digest/2009,0115.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    Books On Immigration Law: http://www.ilw.com/books/
    Immigration Law Seminars: http://www.ilw.com/seminars/
    Immigration Law Workshops: http://www.ilw.com/workshops/
    Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
    To Get Clients: http://www.ilw.com/directory/about.shtm
    Advertise: http://www.ilw.com/corporate/advertise.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    _________________________________________________________________
    1.* COMMENT
    Business Immigration Law
    ILW.COM is pleased to announce that "Business Immigration Law:
    Strategies For Employing Foreign Nationals" edited and co-
    authored by: Rodney A. Malpert and Amanda Petersen and its
    companion book "Business Immigration Law: Forms and Filings"
    published by Law Journal Press are now available for purchase on
    ILW.COM. Contributors to the book include Tarik H. Sultan, Roger
    C. Wolf, Rebecca S. Whitehouse, Charles H. Kuck, George N.
    Lester, IV, Richard A. Gump, Jr., Leslie K. L. Thiele, Ellen G.
    Yost, Nancy H. Morowitz,* Vicki L. Martin-Odette. For more info,
    including how to order, see here.
    http://www.ilw.com/books/businessimmigrationstrategies.shtm
    For the fax order form, see here.
    http://www.ilw.com/books/businessimmigrationstrategies.pdf
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.* FOCUS
    The Nurse Immigration Book
    The table of contents of this definitive work is as follows:
    I.* FOREWORD: Why A Nurse Immigration Book? By William Stock
    II.* PREPARING AN IMMIGRATION CASE:
    ++H-1 Visas For Nurses By Greg Siskind and Esther Fridman
    ++TN Status For Nurses By Christopher Wendt
    ++Practice Pointers for Presenting TN Applications By Leslie
    Holman
    ++An Outline Of A Typical Nurse Case, Including Consular
    Processing By Joseph Curran
    ++Adjustment Of Status For Professional Nurses By Sylvia Boecker
    ++Building International Bridges By Commission On Graduates Of
    Foreign Nursing Schools (CGFNS International)
    ++Tips For Staffing Companies In Planning Their Posting
    Strategies By Ronald Nair
    ++Licensure: US State Licenses For International Nurses By
    Patrick Curran
    ++Immigration Basics For Allied Professional Healthcare Workers
    By Christopher Musillo
    ++Managing Or Achieving Expectations: The Key To Success By
    Michael Hammond
    III.* UNDERSTANDING THE NURSING CRISIS:
    ++Global Issues In Nurse Recruitment By Joseph Curran
    ++The Nurse Shortage: Why It Matters By Carl Shusterman
    ++Deadly Consequences: The Hidden Impact Of America's Nursing
    Shortage By Stuart Anderson
    ++Aiding And Abetting - Nursing Crises At Home And Abroad By
    Sreekanth Chagaturu and Snigdha Vallabhaneni
    ++US Visa Policy Competition For International Scholars,
    Scientists And Skilled Workers By Phyllis Farrell Norman
    ++Better Late Than Never: Workforce Supply Implications Of Later
    Entry Into Nursing By David Auerbach, Peter Buerhaus and
    Douglas Staiger
    IV.* RECRUITING AND RETAINING NURSES:
    ++The Business Of Nurse Immigration By Mireille Kingma
    ++Recruitment Of Workers In The Philippines: Playing Ball
    With The POEA By Ronald Nair
    ++Successful International Nurse Recruiting By C. Philip Slaton
    ++Nurse Assimilation By Yvette Mooney
    ++Hospitals' Responses To Nurse Staffing Shortages By Jessica May,
    Gloria Bazzoli and Anneliese Gerland
    ++Nurse Perspectives Of The Migration Experience By Mariah
    Rutherford-Olds
    V.* AFTERWORD: Musings After 2 Decades In Nurse Immigration
    By James David Acoba
    For more info, and to order, please see here.
    http://www.ilw.com/books/NurseImmigration.shtm
    For the fax order form, see here.
    http://www.ilw.com/books/NurseImmigration.pdf
    _________________________________________________________________
    3.* ARTICLES
    (a) The Difficulties Of US Asylum Claims Based On Sexual
    Orientation
    Swetha Sridharan for Migration Information Source writes "Asylum
    claims based on persecution related to a lesbian, gay, bisexual,
    or transgender (LGBT) individual's sexual orientation are
    particularly difficult to file, argue, and win - even with
    substantial evidence of persecution and ill-treatment."
    http://www.ilw.com/articles/2009,0115-sridharan.shtm
    http://www.migrationinformation.org/
    (b) Underdeveloping Indiana
    Manuel F. Ayau Cordon for the Foundation For Economic Education
    writes "Now let us imagine what it would mean to Indiana if it
    adopted the trade policies common to most underdeveloped
    countries."
    http://www.ilw.com/articles/2009,0115-cordon.shtm
    http://fee.org/
    (c) Bloggings On Immigration Law And Policy
    Greg Siskind shares the latest entries as of January 8, 2009 on
    his immigration law and policy blog.
    http://www.ilw.com/articles/2009,0115-siskind.shtm
    http://www.visalaw.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.* NEWS
    (a) CIS Ombudsman On AC21 Immediate Denial Notice
    The CIS Ombudsman issued a notice entitled, "AC21 Issues: Did
    USCIS Immediately Deny Your Adjustment of Status Application
    Following a Change of Employment?"
    http://www.ilw.com/immigdaily/news/2009,0115-AC21.shtm
    _________________________________________________________________
    5.* CLASSIFIEDS
    (a) Help Wanted: Immigration Paralegal
    St. Louis, MO - Stinson Morrison Hecker LLP
    http://www.stinson.com
    seeks an experienced paralegal to assist in case management and
    preparation of a wide range of employment-based immigrant and
    non-immigrant petitions, PERM applications and Adjustment of
    Status applications. Stinson Morrison Hecker LLP is one of the
    nation's largest law firms, with 335 attorneys in eight offices
    with experience in more than 45 practice areas, and represents
    clients in a full range of corporate, transaction and litigation
    matters. Please send resume with salary requirement to Lisa K
    Lange at: mailto:llange@stinson.com.
    (b) Help Wanted: Immigration Paralegal
    Downtown Washington, DC firm
    http://www.paulhaarlaw.com
    seeks mature and responsible senior business immigration
    paralegal with 4+ years experience in business immigration cases,
    including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and
    EB-2) and PERM.* Must be capable of independent work, including
    legal research, intensive client contact and drafting responses
    to complex RFEs and NOIDs.* Bilingual Spanish/English speaker
    preferred.* Must have bachelor's degree and excellent native-
    level English writing skills.* We are a boutique immigration firm
    with a fast-paced yet collegial atmosphere and no billable hours
    requirements.* Salary commensurate with experience.* Please email
    resume, references and writing sample to
    pschwartz@paulhaarlaw.com
    No calls please.
    (c) Case Management Technology
    Offering enterprise-level software and unparalleled US-based
    support, ImmigrationTracker
    http://www.immigrationtracker.com
    is the most flexible and dependable immigration management
    solution on the market today. Designed by immigration attorneys
    and paralegals, ImmigrationTracker is often praised for its ease
    of use, intuitive features, and built-in immigration knowledge.
    As one of our customers noted, "If we had two years and unlimited
    funds to design our ideal immigration management system, Tracker
    would be it."* Phil Curtis, Chin & Curtis.* Find out for yourself
    why Tracker is the choice of: 83% of practicing Past Presidents
    of the AILA (American Immigration Lawyers Association, through
    June 2007); 86% of the 25 largest immigration law firms (IndUS
    Business Journal 2006); 75% of the AmLaw 200 (largest US law
    firms, American Lawyer Media, 2006); 3x as many globally ranked
    immigration attorneys as compared with other software vendors
    (Chambers Global and the International Who's Who of Business
    Immigration Lawyers, 2007). Schedule your private demo: Call
    1-888-466-8757 ext. 278 or email
    mailto:sales@immigrationtracker.com.
    _________________________________________________________________
    6.* Headlines
    (a) Democrats Face First Immigration Test
    After benefiting enormously from the Latino backlash against GOP
    anti-immigrant race baiting Democratic legislators will have
    their first reality test, albeit a modest one, on this hot button
    issue.
    (b) Study: Female Immigrant Detainees Get Poor Care
    Women held in three immigration-detention facilities in Arizona
    receive inadequate treatment, ranging from deficient medical care
    to being mixed in with people serving criminal sentences,
    University of Arizona researchers said Tuesday.
    (c) An Immigration Reform
    George W. Bush's presidency was a missed opportunity to update
    immigration laws through comprehensive reform.
    (d) Lawmakers' Plans Help, Hinder Illegal Immigrants In Arkansas
    A legislator filed a bill Tuesday that would ban illegal
    immigrants from receiving in-state tuition, state scholarships or
    financial aid, while another legislator is considering a bill
    that would have nearly the opposite effect.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0115.shtm#Headlines
    _________________________________________________________________
    7.* ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
    newsletter in Immigration Daily, see here
    http://www.ilw.com/corporate/cross_promotions.shtm.
    (a) New Appointment - Founding Executive Director
    Kids in Need of Defense (KIND), a Washington, D.C.-based non-
    governmental organization whose mission is to ensure pro bono
    legal counsel to unaccompanied immigrant children in the United
    States, announced the appointment of its founding Executive
    Director, Wendy Young. Ms. Young brings decades of immigration
    and refugee policy experience to her role at KIND. Most recently,
    she served as Chief Counsel on Immigration Policy in the Senate
    Judiciary Subcommittee on Immigration, Border Security and
    Refugees for Senator Edward M. Kennedy.
    _________________________________________________________________
    8.* LETTERS
    Readers are welcome to share their comments, email:
    mailto:editor@ilw.com* (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    The idea that the President-Elect has the burden of proof in
    regard to his citizenship is ludicrous.* The burden is on the
    people who claim that he is not a citizen.* Having nothing but
    fantasy to support their claim, they say that the ball is in his
    court because they want it to be, a position that is beyond
    ridiculous.* In the real world, his birth certificate, his
    passport, the background checks that he went through as a
    senator, the fact that every court case on the subject has been
    thrown out and the fact that none of the other presidential
    candidates ever questioned his citizenship are more than adequate
    proof that he is a natural-born citizen in all respects.* The
    naysayers need professional help if they think that any, let
    alone all of, the other candidates and the five conservative
    Republicans in the Supreme Court would have given him a free pass
    on being an ineligible, illegal candidate.
    Sid Lachter, Esq.
    (b) Dear Editor:
    I've been an immigration lawyer in the US for more than a few
    years now, representing immigrants and their families, and can
    relate to Ms. Cogill's complaint about the Homeland Security
    system's lack of courtesy. They don't call them "ICE" for
    nothing. I personally know many agents, too, and can vouch for
    their claim to be actual human beings. They are just people. It's
    not their job to be welcoming; it's their job to protect our
    borders from evils of many types. They are often confronted by
    irate people who have been traveling uncomfortably for hours or
    days, and often these people are not pleasant to them. So, there
    is a give and take on both sides. The attitude of the ICE folks
    is sometimes understandable, as are attitudes of admittees, and
    there is also unreasonableness on both sides, but the government
    side will win in these contests. The letter writer sounds
    pompous, in that she wants more respect because she is "doing us
    a favor" by providing us with her knowledge, and is here only
    with the most egalitarian of motives, probably sacrificing her
    life in her homeland in order to do us this favor, in spite of
    the "constant persecution," she must endure in order to "get on
    with" her life here in the US. If one feels unwelcome in one's
    daily life in the US, ne really should take a look at one's
    attitude. If someone has been mistreated by ICE, complain to
    them. I don't know if it does any good, but give it a try. Also,
    one may get more respect if one is naturalized. Dual citizenship
    is accepted in the US, and a lot of things are easier for US
    citizens than for legal residents.
    John E. Shorkey, Esq.
    (c) Dear Editor:
    The Center for Immigration Studies, a conservative immigration
    restrictionist group, recently issued a report concerning why
    America needs secure driver licenses, touting Real ID as an
    effective weapon with which to fight terrorism and illegal
    immigration. But besides being a multi-million dollar fiasco in
    this time of financial crisis, one problem with Real ID is that
    it is inflexible and does not address real-world issues. For
    instance, when lawful nonimmigrant status - like an L-1 or H-1B -
    is expiring and USCIS is tardy in approving the extension, the
    nonimmigrant's driver license expires because it is linked to the
    I-94 expiration date. Although still legally in the US, the
    lawful nonimmigrant then has no permission to drive a motor
    vehicle. After approval of the extension of authorized stay by
    USCIS, the nonimmigrant must then reapply for a driver license,
    reissued at great expense to all. If DMV's across the nation
    would issue driver licenses for lawful nonimmigrants for 90 days
    past the expiration of an I-94, this would go a long way in
    solving this problem. Driver licenses are not the way to combat
    terrorism or illegal immigration. Under our current system, these
    will exist with or without driver licenses, so Real ID is a waste
    of precious money and only makes life frustrating for legal
    nonimmigrants who get caught up in the bureacratic shuffle.
    Nobody needs a driver license to commit acts of terror and nobody
    needs a driver license to get behind the wheel of a car. Is it
    even believable that an illegal alien scofflaw, while flaunting
    America's immigration laws, entering without inspection, working
    without authorization, perhaps commiting other crimes, will
    refrain from driving a motor vehicle just because they don't have
    a driver license? Ever wonder why there are so many hit and runs
    in California? Welcome to the monkey house.
    David D. Murray, Esq. Newport Beach, CA
    (d) Dear Editor:
    Article 2 of the US Constitution says that "No person except a
    Natural Born Citizen" ... shall be eligible to be President of
    the United States. The 14th Amendment to the Constitution says
    that "all persons born in the United States...are citizens of the
    United States." No matter how hard one tries to twist the English
    language, both of these provisions, read together, can only mean
    that anyone born in the US is a natural born citizen and
    therefore eligible to be president, despite Mario Apuzzo's
    letters' fixation with the notion that 'natural born citizen' has
    a more restrictive meaning, something that has not been the case
    ever since the Dred Scott decision, which held that black people
    could not be US citizens, was overruled by the 14th Amendment.
    There is nothing in either provision that makes an exception in
    order to exclude an African-American man, born in the the
    racially diverse state of Hawaii, with a Muslim name, who lived
    as a child in Indonesia, who has a Eurasian half-sister, and
    whose father was from Kenya, no matter how offensive Mario
    Apuzzo's letters may find these ideas. Therefore, it is not the
    Constitution that needs to be changed; what needs to be changed
    is the narrow mindset of those who desperately try to read their
    own prejudices into the Constitution.
    Roger Algase, Esq.* New York, NY
    (e) Dear Editor:
    While I applaud Mort Kandracke for being the more moderate and
    reasonable half of the Beltway Boys' team, I strongly feel that
    his article, as highlighted in the ID of 1/14/08, fails to
    address the true urgency and value, not to mention the political
    realities, of a "comprehensive" approach to immigration reform
    legislation. Don't get me wrong. On the whole, the article is
    balanced and a fair representation of the state of affairs, vis a
    vie the immigration debate. However, what the article fails to
    address is that the so called, "Ag-Jobs plus" approach, which the
    article details, as devised by Rick Swartz of the National
    Immigration Forum, is a red herring that will indefinately derail
    the legalization provisions of a true CIR, and thus will only
    exacerbate the current problems of illegal entry, family
    unification, and bringing all but a few of the 12,000,000
    undocumented out of the shadows, and on a pathway towards making
    them full fledged and productive members of society. Beware of
    the easy fix. It is easy for a reason. The problems of the many
    will not be solved through the helping of the few.
    Robert Gittelson
    Dear Editor:* Regarding the ID Letters of Jan l3th and l4th, M.
    Apuzzo's well written and logical response to R. Algase's
    letter's phony charge of "prejudice" regarding the matter of
    Obama's citizenship is much too polite, it's only fault. What is
    "plain and simple" in "pseudo" intellectual dress, is the
    constant race baiting and mongering from the Algase letters and
    others who shamelessly write such misleading nonsense, although
    most see through such devious drivel. The R. Yang letter should
    not consider the R. Algase letter of endorsement an accolade as
    the latter has long hid his anti-white America agenda behind the
    subterfuge of human rights, compassion and egalitarianism which
    is the height of hyprocrisy. While the Yang letter correctly
    calls for more selective entry, it errs in placing "humanitarian"
    as the primary entry concern at the expense of our national
    interest in which the "common sense" tools of enforcement and
    deportation are needed. Most of the prima facie evidence that I
    have seen, indicates an arrogance towards traditional America and
    it's interests by entry enthusiasts and an agenda for changing
    that, including it would appear, the Constitutional need to be a
    natural born citizen to be President. Matt. 19:6 is about
    marriage, not entry policies and it's violators. On the other
    hand, Matt. 7:13-14 which admonishes: "Enter ye in at the strait
    gate" would seem to have multiple applications from migrants to
    Presidential aspirants.
    Jim Roberts
    _________________________________________________________________
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  4. Jan 9 - Top Links December 2008

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 9, 2009
    Items:
    1.* Comment: Top Links December 2008
    2.* Focus: Crimes And Immigration: A Definitive Manual For
    *** Winning Cases
    3.* Articles:
    *** (a) Demographic, Drucker, And The Entrepreneurial Society by
    *** Richard T. Herman, Esq.
    *** (b) Immigrants Of The Day: Bruno Bettelheim of Austria,
    *** Victoria Tennant of United Kingdom, and Michele Bohbot of
    *** Morocco by Kevin R. Johnson
    *** (c) Bloggings on Nurse Immigration by Christopher T. Musillo
    *** of the Hammond Law Group
    4.* News:
    *** (a) USCIS Announces H-2B Cap Is Reached
    *** (b) USCIS TPS Reminder For Eligible Honduras, Nicaragua and
    *** El Salvadoran Nationals
    *** (c) CIS Ombudsman Update On CSPA
    5.* Classifieds:
    *** (a) Help Wanted: Immigration Paralegal
    *** (b) Case Management Technology
    *** (c) Credential Evaluation And Translation
    6.* Headlines:
    *** (a) We Can Stem Shortage
    *** (b) Illegal Immigration: The GOP's Elephant (In The Room)
    *** (c) Immigration Reform Advocates Want Obama's Attention
    *** (d) Immigration Still Plagues U.S.
    7.* ComingsNGoings:
    *** (a) Immigration Event - Washington, DC
    8.* Letters From:
    *** (a) Honza Prchal, Esq.
    *** (b) VIN
    *** (c) ASV
    *** (d) Matt
    *** (e) AJO
    http://www.ilw.com/immigdaily/digest/2009,0109.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
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    Immigration Law Seminars: http://www.ilw.com/seminars/
    Immigration Law Workshops: http://www.ilw.com/workshops/
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    To Get Clients: http://www.ilw.com/directory/about.shtm
    Advertise: http://www.ilw.com/corporate/advertise.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    _________________________________________________________________
    1.* COMMENT
    Top Links December 2008
    We feature the most accessed links by our readers in December
    2008 below:
    Top five December Immigration Daily Articles
    ++A Child Alone And Without Papers by Amy Thompson et al. for
    the Center For Public Policy Priorities
    http://www.ilw.com/articles/2008,1231-thompson.pdf
    ++The Nation Is Not A House by Donald J. Boudreaux for the
    Foundation For Economic Education
    http://www.ilw.com/articles/2008,1218-boudreaux.shtm
    ++Both Sides Of Immigration Debate Retrench by Tom Barry
    http://www.ilw.com/articles/2008,1223-barry.shtm
    ++Moderation And Immigration Reform by Harry DeMell
    http://www.ilw.com/articles/2008,1217-demell.shtm
    ++Joe Predicts: Zero Percent Chance Of Amnesty In 2009 by Joe
    Guzzardi
    http://www.ilw.com/articles/2008,1230-guzzardi.shtm
    Top five December Immigration Daily Items
    ++Neufeld Memo On N-400 Processing
    http://www.ilw.com/immigdaily/news/2008,1210-neufeld.pdf
    ++DHS Says NY Enhanced Drivers License Is Acceptable Identity
    Document
    http://www.ilw.com/immigdaily/news/2008,1203-identity.shtm
    ++DHS Publishes US VISIT Final Rule
    http://www.ilw.com/immigdaily/news/2008,1222-USVISIT.shtm
    ++DHS Publishes H2B Final Rule
    http://www.ilw.com/immigdaily/news/2008,1222-H2B.shtm
    ++CIS Ombudsman On Schedule A Nurse Visa Processing
    http://www.ilw.com/immigdaily/news/2008,1211-schedule.pdf
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.* FOCUS
    Crimes And Immigration: A Definitive Manual For Winning Cases
    The following is the table of contents for this book which is now
    being shipped:**
    ++Chapter 1: Evaluating A Criminal Case For Immigration Purposes
    ++Chapter 2: Criminal Grounds Of Inadmissibility And Waivers
    ++Chapter 3: Criminal Grounds Of Deportability
    ++Chapter 4: Good Moral Character
    ++Chapter 5: Detention And Removal Of Noncitizens Charged With Criminal
    Grounds Of Inadmissibility Or Deportability
    ++Chapter 6: Applications For Relief From Removal For Criminal Aliens In
    Removal* Proceedings
    ++Chapter 7: Working With Criminal Defense Counsel And The Criminal
    Courts On The Structure And Amelioration Of Convictions*
    ++Chapter 8: Judicial Review
    ++CD-ROM: Over 700 Critical Documents - Significant statutory provisions
    of 8 USC, 18 USC, and other public laws, Relevant regulatory sections and
    forms from USCIS and EOIR, Key BIA and Federal Court cases, Links
    to informative internet resources, etc.*
    For more info, and to order, please see here.
    http://www.ilw.com/books/CriminalConvictions.shtm
    For the fax order form, see here.
    http://www.ilw.com/books/Criminalconvictions.pdf
    _________________________________________________________________
    3.* ARTICLES
    (a) Demographic, Drucker, And The Entrepreneurial Society
    Richard T. Herman, Esq. writes "This force of foreign-born talent
    and entrepreneurship is an opportunity for cities and states that
    embrace this change."
    http://www.ilw.com/articles/2009,0109-herman.shtm
    http://www.asklawyer.net/
    (b) Immigrants Of The Day: Bruno Bettelheim of Austria, Victoria
    Tennant of United Kingdom, and Michele Bohbot of Morocco
    Kevin R. Johnson celebrates the achievements of these immigrants.
    http://www.ilw.com/articles/2009,0109-johnson.shtm
    http://lawprofessors.typepad.com/
    (c) Bloggings on Nurse Immigration
    Christopher T. Musillo of the Hammond Law Group shares the latest
    entries as of December 23, 2008 on his immigration law and policy
    blog.
    http://www.ilw.com/articles/2009,0109-hammond.shtm
    http://www.hammondlawfirm.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.* NEWS
    (a) USCIS Announces H-2B Cap Is Reached
    USCIS announced that the H-2B cap season for FY 2009 closed as of
    January 7th.
    http://www.ilw.com/immigdaily/news/2009,0109-cap.pdf
    (b) USCIS TPS Reminder For Eligible Honduras, Nicaragua and El
    Salvadoran Nationals
    USCIS reminds its customers that the re-registration period for
    Temporary Protected Status (TPS) for nationals of Honduras,
    Nicaragua, and El Salvador ended Dec. 30, 2008.
    http://www.ilw.com/immigdaily/news/2009,0109-tps.pdf
    (c) CIS Ombudsman Update On CSPA
    CIS Ombudsman's Office provided an update on the Child Status
    Protection Act.
    http://www.ilw.com/immigdaily/news/2009,0109-CSPA.shtm
    _________________________________________________________________
    5.* CLASSIFIEDS
    (a) Help Wanted: Immigration Paralegal
    Downtown Washington, DC firm
    http://www.paulhaarlaw.com
    seeks mature and responsible senior business immigration
    paralegal with 4+ years experience in business immigration cases,
    including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and
    EB-2) and PERM.* Must be capable of independent work, including
    legal research, intensive client contact and drafting responses
    to complex RFEs and NOIDs.* Bilingual Spanish/English speaker
    preferred.* Must have bachelor's degree and excellent native-
    level English writing skills.* We are a boutique immigration firm
    with a fast-paced yet collegial atmosphere and no billable hours
    requirements.* Salary commensurate with experience.* Please email
    resume, references and writing sample to pschwartz@paulhaarlaw.com.* No calls please.
    (b) Case Management Technology
    Are you ready for the new changes in immigration? See why INSZoom
    has a 99% customer retention rate. Use our forms with peace of
    mind - 800+ updated within 24 hours of any new release, no
    patches or downloads. E-File 20+ forms. Access your firm's online
    database anywhere you have internet access. Client relationship
    management tools, practice management tools, group calendaring,
    emails, notes, reports, invoices, auto email alerts and
    reminders, document storage and assembly. A library of
    customizable questionnaires, letters and email templates
    included. Online access for clients to check case status
    included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
    services: credit card processing, Outlook & QuickBooks
    integration. One-time data entry and auto population into all
    documents will save you time and reduce errors. Customizable to
    support solo practitioners, mid-large law firms & corporations.
    We teach you how to customize the software to fit your processes
    and communication needs. Founded in 1999, INSZoom is a
    profitable, financially sound company, employing 100+ engineers,
    sales, and support staff. INSZoom is ISO 27001:2005 certified and
    the "world's largest immigration software company", built with
    flexible modules that allow you to manage and control technology.
    To schedule a complimentary online demo, call 925-244-0600 or
    email mailto:info@inszoom.com.
    (c) 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:
    http://aetsinternational.com/applicationforevaluationservices.pdf
    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
    http://www.aetsinternational.com, or email:
    mailto:info@aetsinternational.com.
    _________________________________________________________________
    6.* Headlines
    (a) We Can Stem Shortage
    The nation's nursing shortage is a "threat to the quality of
    patient care," according to a report by Homeland Security's
    Citizenship and Immigration Services ombudsman.
    (b) Illegal Immigration: The GOP's Elephant (In The Room)
    That would indicate the issue of the never-ending invasion of
    our borders will be ignored (on a bipartisan basis) in the near
    future, just as it was in the recent presidential campaign.
    (c) Immigration Reform Advocates Want Obama's Attention
    Advocates for immigration reform announced Wednesday they're
    planning a big march and rally in San Jose for the day after
    Inauguration Day.
    (d) Immigration Still Plagues U.S.
    If you think the bad economy has "solved" America's immigration
    problems, welcome to a reality check.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0109.shtm#Headlines
    _________________________________________________________________
    7.* ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
    newsletter in Immigration Daily, see here
    http://www.ilw.com/corporate/cross_promotions.shtm.
    (a) Immigration Event - Washington, DC
    January 14, 2009- The Constitution Project and Georgetown
    University Law Center are pleased to announce a discussion on the
    Constitution Project's newly released report, The Use and Abuse
    of Immigration Authority as a Counterterrorism Tool. Lunch at
    12:00 pm; Discussion from 12:15 - 2:00 pm, Georgetown University
    Law Center, 600 New Jersey Avenue NW, McDonough Hall, Room 164,
    Washington, DC 20001. To register, email
    RSVP@constitutionproject.org with your name, the number of
    attendees, and the event name. Box lunch provided. There is no
    charge to attend. Copies of the report will be available at event.
    _________________________________________________________________
    8.* LETTERS
    Readers are welcome to share their comments, email:
    mailto:editor@ilw.com* (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    Sergi Sheplov's excellent letter to the Editor on Obama's
    citizenship is brilliantly written and consistently correct,
    except for one point (1/8/09 ID). Unfortunately, in medical
    billing cases, tax law and several other areas under the thumb of
    heavy federal regulation, it is the burden of a citizen to prove
    his innocence. As a point of principle I agree that it should not
    be, but it is. That said, the results those Mr. Sheplov's letter
    predicts, "Thats why this Immigration Haters attitude is so
    scarey. If we give pencil pushers at DHS, Justice and State the
    freedom to incarcerate and strip a citizen of his birthright
    which are the rights to due process we create a nightmare." are
    generalizable across those other fields of law as well.
    Perversely, limiting the number of things one must prove to
    simple* production of a national biometric ID card, or various
    state ID cards that meet a verifiable national standard, would on
    balance place the burden of proof back on government in broad
    areas of our lives, and help clean up voting and immigration
    arguments besides. Returning to the "natural born" citizen
    argument, Obama was born in the US, but even if he wasn't, he was
    born to an American and, at the time our forefathers (I may not
    be related to them but America has allowed me to claim their
    political inheritance) adopted our Constitution, that meant he
    was a natural born citizen, just like John McCain was despite
    being born in the canal zone. Jus sanguinis, literally the law of
    blood, is not generally accounted a controversial principle and
    certainly was not in the day. It may be controversial in post-
    revolutionary France (and that postdated the U.S. Constitution),
    but even most nativists were, until recently, arguing that jus
    solis (citizenship by virtue of being born on American soil,
    literally the law of soil), not jus sanguinis was the problem.
    Honza Prchal, Esq.
    (b) Dear Editor:
    Does anyone know whatever has happened to the US Department of
    Labor's PERM program? Currently, 5-6 months of waiting for any
    decision appears to be normal, no e-mails get responded to, no
    approvals, no denials. Looks like they got shut down. Did they?
    VIN* Tampa, FL
    (c) Dear Editor:
    Mario Apuzzo's letter (01/08/09 ID) states that a natural born
    citizen "means a child born on U.S. soil (or its equivalent) to
    two U.S. citizen parents (either citizens by birth or
    naturalized)."* I would like to know the basis for this
    interpretation.* I would also like to know what that makes me- a
    person born in the United States to parents who were not U.S.
    Citizens at the time of my birth.* Does this mean that I would
    not be eligible to become President of the United States because
    I'm "just" a national of the U.S. who was born and has spent her
    whole life here (I have evidence, in addition to by Certificate
    of Live Birth, that I was born here). And, if I am not eligible
    because, according to Mr. Apuzzo's letter's interpretation I do
    not have USC parents, how about my son who is now a second
    generation American. He was born to one USC parent and one LPR
    parent.* Does that mean that he too cannot become President of
    the U.S.?
    ASV* New York, NY
    (d) Dear Editor:
    thanks to Mario Apuzzo for his informative letter to the Editor
    concerning the subject of the legality of our President to be,
    Barack Obama. As a natural born citizen of this great country, I
    am, as many Americans, concerned that My President follow the law
    and Constitution. I don't want my President to be from the
    "Moon",and it is very material to me who my President is.
    Also,has it ever been considered that Obama was Adopted by Lolo
    Soetoro and lived and schooled in Indonesia under the name of
    Barry Soetoro? How did He get back to the name of Barack Obama? i
    assume He was "unadopted"? Do we have dual citizenship? I have
    personally just reached the conclusion our Presidency has been
    outsourced.
    Matt* Cherry Hill, NJ
    (e) Dear Editor:
    I am convinced the vast majority of the American people don't
    care whether Mr. President-elect was, in fact, born on Hawaii,
    Kenya, or on the moon, for that matter. As long as he does his
    job as promised, who cares? Opponents will keep howling about the
    law(s), etc. The "American, natural-born president" law was
    enacted hundreds of years ago for a particular, strictly
    political reason that may have made sense at the time. The very
    same goes for the electoral college and a couple of other ideas
    that were meant to prevent dangerous idiots from taking the
    highest offices of the land.* Again, let's focus on the future of
    the country that is literally falling apart and let's leave Mr.
    President-elect's birth certificate alone. Don't we all have any
    real problems?
    AJO
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
    colleague!
    Publisher: Sam Udani** Legal Editor: Michele Kim** ISSN:1930-062X
    An Important disclaimer! The information provided on this page is
    not legal advice. Transmission of this information is not
    intended to create, and receipt by you does not constitute, an
    attorney-client relationship. Readers must not act upon any
    information without first seeking advice from a qualified
    attorney. Copyright 1999-2008 American Immigration LLC, ILW.COM.
    Send correspondence and articles to editor@ilw.com. Letters and
    articles may be edited and may be published and otherwise used in
    any medium. The views expressed in letters and articles do not
    necessarily represent the views of ILW.COM.
    _________________________________________________________________
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  5. Jan 8 - Job Seeking Tips

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 8, 2009
    Items:
    1.* Comment: Job Seeking Tips
    2.* Focus: Family-Based Immigration: Nuts And Bolts
    3.* Articles:
    *** (a) Reporting Our Colleagues For Discipline To Save Our
    *** Clients From Deportation: An "Ineffective" System by Curtis
    *** Pierce and Matthew Hall
    *** (b) The Vatican And The Free Market by John C. Goodman for
    *** the Foundation For Economic Education
    *** (c) Bloggings On Immigration Law And Policy by Greg Siskind
    4.* News:
    *** (a) EOIR Announces New Professional Conduct Regulation
    5.* Classifieds:
    *** (a) Help Wanted: Immigration Paralegal
    *** (b) J-1 Visa Program
    6.* Headlines:
    *** (a) It's Education, Not Immigration
    *** (b) 2 Charged In Seattle With Gay Immigration Fraud
    *** (c) GOP Needs A Rethink On Immigration
    *** (d) Senate To Tackle Immigration?
    7.* ComingsNGoings:
    *** (a) Honors And Awards - Chapel Hill, NC
    8.* Letters From:
    *** (a) Alice Yardum-Hunter, Esq.
    *** (b) Bob Warren, Esq.
    *** (c) Mario Apuzzo, Esq.
    *** (d) AJO
    http://www.ilw.com/immigdaily/digest/2009,0108.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
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    _________________________________________________________________
    1.* COMMENT
    Job Seeking Tips
    A law.com article shares 10 resolutions for job seeking success.
    For the story, see here.
    http://www.law.com/jsp/law/careercenter/lawArticleCareerCenter.jsp?id=1202427217476
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.* FOCUS
    Family-Based Immigration: Nuts And Bolts
    Our new book, Family-Based Immigration: Nuts & Bolts; Editor:
    Charles Wheeler of the Catholic Legal Immigration Network, Inc.
    (CLINIC) features:
    ++ Chapters: Immediate Relatives And The Preference System,
    Overview Of The Application Process For Permanent Residence,
    Adjustment Of Status, Consular Processing, Immigrating Through
    Marriage, Grounds Of Inadmissibility, Waivers Of Inadmissibility,
    Affidavit Of Support, Self-Petitions For Abused Spouses And
    Children, & Ethics
    ++ 35 Appendices include: Sample Request For Criminal History,
    Documenting I-130 Petitions, Sample Motion To Reinstate I-130,
    Consular Processing Instruction Package, Consular Processing
    Appointment Package, Suggested Evidence Of Bona Fide Marriage,
    I-601 Waiver Packet Based On INA 212(h) (Criminal Convictions),
    I-601 Waiver Packet Based On INA 212(i) (Fraud Or
    Misrepresentation), I-601 Waiver Packet Based On INA 212(a)(9)
    (B)(v) (Unlawful Presence), & I-212, Request For Permission To
    Reapply For Admission After Deportation
    ++ CD-ROM includes: relevant regulatory sections from 8 CFR, 22
    CFR, etc., many forms from USCIS, DOS, SSA & IRS, significant
    statutory provisions, key BIA & Federal cases, selected USCIS
    memos, public health service documents, etc.
    For more info on Family-Based Immigration: Nuts & Bolts, and to
    order, http://www.ilw.com/store/familybasedimmigration.shtm. For
    the fax order form,
    http://www.ilw.com/store/familybasedimmigration.pdf.
    _________________________________________________________________
    3.* ARTICLES
    (a) Reporting Our Colleagues For Discipline To Save Our Clients
    From Deportation: An "Ineffective" System
    Curtis Pierce and Matthew Hall write "Instead of struggling with
    how to comply with this "requirement," we should be fighting for
    its eradication."
    http://www.ilw.com/articles/2009,0108-pierce.shtm
    http://www.ilw.com/articles/2009,0108-pierce.shtm#bio
    (b) The Vatican And The Free Market
    John C. Goodman for the Foundation For Economic Education writes
    "To the extent that outside intellectuals have made an impact on
    Catholic social thought, the influence has come mainly from those
    who advocate the welfare state and are hostile to the market."
    http://www.ilw.com/articles/2009,0108-goodman.shtm
    http://www.fee.org/
    (c) Bloggings On Immigration Law And Policy
    Greg Siskind shares the latest entries as of December 18, 2008 on
    his immigration law and policy blog.
    http://www.ilw.com/articles/2009,0108-siskind.shtm
    http://www.visalaw.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.* NEWS
    (a) EOIR Announces New Professional Conduct Regulation
    The Executive Office for Immigration Review announced changes to
    the rules and procedures concerning professional conduct for
    attorneys and other representatives (practitioners) who practice
    before the Board of Immigration Appeals (BIA) and the immigration
    courts.
    http://www.ilw.com/immigdaily/news/2009,0108-disciplinary.pdf
    _________________________________________________________________
    5.* CLASSIFIEDS
    (a) Help Wanted: Immigration Paralegal
    Downtown Washington, DC firm
    http://www.paulhaarlaw.com
    seeks mature and responsible senior business immigration
    paralegal with 4+ years experience in business immigration cases,
    including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and
    EB-2) and PERM.* Must be capable of independent work, including
    legal research, intensive client contact and drafting responses
    to complex RFEs and NOIDs.* Bilingual Spanish/English speaker
    preferred.* Must have bachelor's degree and excellent native-
    level English writing skills.* We are a boutique immigration firm
    with a fast-paced yet collegial atmosphere and no billable hours
    requirements.* Salary commensurate with experience.* Please email
    resume, references and writing sample to
    mailto:pschwartz@paulhaarlaw.com.* No calls please.
    (b) J-1 Visa Program
    Discover the ease and flexibility of the J-1 Trainee visa with
    AIESEC United States. For 50 years, AIESEC U.S.
    http://www.aiesecus.org
    has offered foreign nationals the opportunity to grow both
    personally and professionally by sponsoring exchange visitor
    traineeships. Enjoy unparalleled customer service, including in-
    depth guidance on J-1 Trainee visa regulations and the changes
    effective July 2007. We also offer logistical and cultural
    reception services in locations nationwide. Expect a 24-48 hr.
    application processing time. The J-1 Trainee visa can be used for
    individuals to participate in training programs in the following
    fields: information media and communications, education, social
    sciences, library science, counseling and social services,
    management, business, commerce and finance, the sciences,
    engineering, architecture, mathematics and industrial
    occupations, public administration, and law. Attorneys interested
    in learning more about AIESEC United States and the J-1 Trainee
    visa, please email Melany Hamner: mailto:melanyh@aiesecus.org.
    _________________________________________________________________
    6.* Headlines
    (a) It's Education, Not Immigration
    Access to college is key for a society to move forward. It is an
    investment in our youth, and in our state, which provides lower
    cost tuition to students who attend for several years - and then
    graduate from - California's high schools.
    (b) 2 Charged In Seattle With Gay Immigration Fraud
    *A federal grand jury has charged two people in an alleged
    *immigration fraud conspiracy, saying they advised straight
    *immigrants to claim homosexuality - and potential persecution in
    *their home countries - when they applied for political asylum.
    (c) GOP Needs A Rethink On Immigration
    A new GOP approach to immigration would also recognize that there
    are two components to the debate - immigration policy and
    immigrant policy, the first governing who and how many we take,
    the second how we treat people once they're here.
    (d) Senate To Tackle Immigration?
    A majority of state lawmakers who participated in an Associated
    Press pre-session survey say they favor policies that take a
    tougher stance against illegal immigration.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0108.shtm#Headlines
    _________________________________________________________________
    7.* ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
    newsletter in Immigration Daily, see here
    http://www.ilw.com/corporate/cross_promotions.shtm.
    (a) Honors And Awards - Chapel Hill, NC
    The North Carolina State Bar recently awarded Lisa R. Brenman
    certification as a Board Certified Immigration Law Specialist.
    She is one of 19 lawyers statewide to receive this distinction.
    Since 2000, Lisa Brenman has practiced immigration law
    exclusively concentrating in employment and family based matters.
    She is the owner of Brenman Immigration Law Firm in Chapel Hill,
    NC.* www.visas-us.com. 1-866-99-VISAS.
    _________________________________________________________________
    8.* LETTERS
    Readers are welcome to share their comments, email:
    mailto:editor@ilw.com* (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    Given the financial crisis, it seems to me that President Elect
    Barack Obama can sell the notion of comprehensive immigration
    reform to include regularization of undocumented workers by
    making clear that it is in our nation's interest to make it easy
    for such people to pay their taxes and contribute to decreasing
    our nation's deficit. If you consider the figures including the
    number of undocumented workers who earn taxable income who do not
    pay into the system because they believe they cannot or just do
    not, how much they earn and their tax rate, you're talking about
    billions of dollars. The government needs that money now and
    Obama should pitch the American people if necessary. This is a
    common sense approach not tied to ideology, which is how he has
    said he intends to approach problems.
    Alice Yardum-Hunter, Esq.
    (b) Dear Editor:
    I am getting ready to file an I 751," app.to remove conditions"
    for my wife,and I 'm wondering if the fingerprint requirements
    aren't a little extreme...To get to this point ,besides the three
    sets required before getting the visa to come to the U S, she has
    been fingerprinted again to get PR status at a Biometrics
    appointment. ON the I 751, it asks for 2 -FD 258 Fingerprint
    cards,(and where do we get them ?)filled in by a US Embassy or US
    Consulate official, after which she will get another appointment
    to go to another Biometrics appointment,for fingerprinting.. Does
    the DHS really need all these duplicate fingerprints,or is there
    too much duplication asked for in error?...I can not get the
    answer to this question from the Immigration people, without
    making an appointment, and travel 40 miles to their office,taking
    up valuable time and expense to do something that could be taken
    care of on the phone in 10 minutes. Maybe someone could tell me a
    phone* number to a source of free information to the answer I'm
    looking for.
    Bob Warren, Esq.
    (c) Dear Editor:
    Regarding Sergi Sheplov's letter of January 7, 2009, the Hawaii
    Certificate of Live Birth (COLB) is only prima facie evidence of
    a birth event and also the product of lax Hawaiian law of the
    time.* Many concerned Americans have placed into the public
    domain sufficient* evidence to rebut the COLB's prima facie
    presumption.* Now it is time* that Obama come forward with his
    evidence.* Why is it arrogance to ask Obama to prove who he is?
    Apart from all the arguments as to what a "natural born Citizen"
    means, Obama has to at a minimum prove he is a citizen. Whether
    or not he is a "natural born Citizen" once he proves he* was born
    in Hawaii is another issue. Mr. Sheplov's letter is correct,
    despite his letter's contempt for those who do their job to keep
    our nation safe from attack,* that there are "suspicious minds"
    when it comes to people's identify.* I* guess the adage that
    people have short memories is true.* How fast we* forget 9-11 and
    all the other threats that our nation faces every second* of the
    day. Finally, Mr. Sheplov's letter states that he does not know
    what a* "natural born Citizen" is.* First, we have to keep in
    mind that the* Constitution uses the term only in Article II and
    it applies only to the* office of President.* I submit that it
    means a child born on U.S. soil* (or its equivalent) to two U.S.
    citizen parents (either citizens by* birth or naturalized).
    Luckily, our U.S. Supreme Court would do not have* to deal with
    Mr. Sheplov's test tube baby, for Obama has not maintained* that
    he was born in such a manner.
    Mario Apuzzo, Esq. Jamesburg, NJ
    (d) Dear Editor:
    Responding to Mario Apuzzo's letter (1/6/09 ID), don't you the
    think vast majority of Americans simply don't care whether the
    President-elect was born in Hawaii, Kenya or on the moon, for
    that matter ? As long as he does his job as expected by the
    residents of this country, his place of birth seems completely
    immaterial.
    AJO
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
    colleague!
    Publisher: Sam Udani** Legal Editor: Michele Kim** ISSN:1930-062X
    An Important disclaimer! The information provided on this page is
    not legal advice. Transmission of this information is not
    intended to create, and receipt by you does not constitute, an
    attorney-client relationship. Readers must not act upon any
    information without first seeking advice from a qualified
    attorney. Copyright 1999-2008 American Immigration LLC, ILW.COM.
    Send correspondence and articles to editor@ilw.com. Letters and
    articles may be edited and may be published and otherwise used in
    any medium. The views expressed in letters and articles do not
    necessarily represent the views of ILW.COM.
    _________________________________________________________________
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