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  1. Feb 5 - Gillibrand And Immigration

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    February 5, 2009
    Items:
    1.  Comment: Gillibrand And Immigration
    2.  Focus: Relief From Removal: A Definitive Manual For Winning
        Cases
    3.  Articles:
        (a) When Good EB-5 Cases Go Bad by Nicolai Hinrichsen,
        Carolyn S. Lee, and Stephen W. Yale-Loehr
        (b) Land Control As Mind Control by John Chodes for the
        Foundation For Economic Education
        (c) Bloggings On Immigration Law And Policy by Greg Siskind
    4.  News:
        (a) ETA Releases PERM FY 2009 Statistics
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorney
        (b) Help Wanted: Immigration Attorney
        (c) Case Management Technology
    6.  Headlines:
        (a) Border Patrol Arrests Legal Immigrant
        (b) Reforming America's Immigration Gulags Becomes Front-
        Burner Issue
        (c) Priorities Of Immigration Advocates Are Out Of Step
        (d) Protesters Target Immigration Agency
    7.  ComingsNGoings:
        (a) Immigration Event - Washington, DC
    8.  Letters From:
        (a) Roger Algase, Esq.
        (b) David D. Murray, Esq.
        (c) Sergi Sheplov
        (d) Warren Atkins
        (e) Maura Freedman
        (f) Jack Phelps
        (g) Steven R. Lawrence
        (h) Jim Roberts
    http://www.ilw.com/immigdaily/digest/2009,0205.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    Books On Immigration Law: http://www.ilw.com/store/
    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
    Gillibrand And Immigration
    Politico asks "Is it even possible for [NY Senator] Gillibrand to
    credibly reposition herself on immigration if it is not in her
    political DNA?" For the full story, see here.
    http://www.politico.com/news/stories/0209/18357_Page2.html
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    Relief From Removal: A Definitive Manual For Winning Cases
    The following is the table of contents for this definitive work
    which is now being shipped: 
    ++Chapters: Removal proceedings; Grounds of deportability;
    Grounds of inadmissibility; Contesting removability; Adjustment
    of status; Waivers of inadmissibility and deportability in
    Removal proceedings; Section 212(c) and Cancellation of Removal
    for Lawful Permanent Residents; Cancellation and Suspension for
    Non-Permanent Resident Aliens; Asylum, Withholding of Removal
    and protection under the Convention Against Torture; Voluntary
    departure; Naturalization as a defense to Removal;
    Administrative review of Removal Orders; Judicial review of
    Removal Orders 
    ++23 Appendices include: Sample cover letter and instructions
    for requesting a FBI criminal record check; Sample Motion to
    Suppress; Sample Motion to Dismiss; Sample Brief in Support of
    Motion to Terminate Removal Proceedings; Sample Motion to
    Terminate to Proceed on an Application for Naturalization 
    Pursuant to 8 CFR 1239.2; Sample Notice of Appeal from a
    decision of an Immigration Judge; Sample Motion for Extension
    of Time to File Brief to BIA 
    ++CD-ROM has 600+ important documents including: key BIA &
    Federal cases, selected USCIS/ICE memos and DOS cables, forms
    from USCIS & EOIR, relevant regulatory sections from 8 CFR &
    42 CFR, significant statutory provisions from the INA, 18 USC
    & 28 USC, Links to informative internet resources, etc. 
    For more info, and to order, please see here.
    http://www.ilw.com/store/ReliefFromRemoval.shtm
    For the fax order form, see here.
    http://www.ilw.com/store/relieffromremoval.pdf
    _________________________________________________________________
    3.  ARTICLES
    (a) When Good EB-5 Cases Go Bad
    Nicolai Hinrichsen, Carolyn S. Lee, and Stephen W. Yale-Loehr
    write "Qualifying a person for EB-5 status is one of the most
    complicated subspecialties in immigration law."
    http://www.ilw.com/articles/2009,0205-hinrichsen.shtm
    http://www.millermayer.com
    (b) Land Control As Mind Control
    John Chodes for the Foundation For Economic Education writes "To
    disperse dangerous Southern "reactionaries," some of their
    confiscated land was to be resettled by European immigrants."
    http://www.ilw.com/articles/2009,0205-chodes.shtm
    http://www.fee.org
    (c) Bloggings On Immigration Law And Policy
    Greg Siskind discusses "why we need the H-1B program more than
    ever."
    http://www.ilw.com/articles/2009,0205-siskind.shtm
    http://www.visalaw.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) ETA Releases PERM FY 2009 Statistics
    The Employment and Training Administration released selected
    statistics on the PERM program for FY 2009.
    http://www.ilw.com/immigdaily/news/2009,0205-PERM.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Help Wanted: Immigration Attorney
    Redmond, WA - Are you ready to make a significant impact on an
    industry leader? Would you like to have the ability to contribute
    to the success of many businesses and products in the technology
    arena as well as make a positive impact on individuals and their
    families' lives? If you do, come join us at Microsoft as a US
    Immigration Attorney. We are a diverse and global company that
    makes a significant positive impact on 600 million plus customers
    worldwide. The Microsoft Corporation Legal & Corporate Affairs
    Global Migration department plays an integral role in helping
    hiring managers and recruiters hire and on board the best and
    brightest. If you are ready to make a difference and learn and
    grow in the US Immigration arena, we offer an opportunity like no
    other. This position requires excellent academic credentials, 4-6
    years experience in all NIV business visas, labor certifications,
    and other business-related immigration matters. Strong case
    management, customer facing, communication and writing skills
    required. Full relocation package offered. To view detailed job
    description and apply, see here.
    http://members.microsoft.com/careers/search/details.aspx?JobID=B54F3F7B-A49E-47CB-90F7-C40C7AEB8481
    (b) Help Wanted: Immigration Attorney
    Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
    experienced attorney for Associate Regional Counsel position,
    USCIS OCC, Western Region. Responsibilities include, but not
    limited to, serving as attorney providing on-site legal advice to
    local District Office USCIS personnel on issues involving
    immigration related adjudications, inadmissibility and
    deportability grounds, and national security. Applicants must
    possess JD degree, be active bar member (any jurisdiction), and
    have 2+ years of post-JD experience in immigration law. For more
    info, key in Job Announcement Number: COU-CIS-2009-0002 at
    http://www.usajobs.com
    Preference is given to applicants with immigration law
    experience, a background in federal litigation, an excellent
    academic record, and strong writing skills. Submit a resume,
    cover letter + writing sample (max. 10 pps.) to: Kelli J.
    Duehning, Western Regional Counsel, USCIS Office of the Chief
    Counsel at mailto:Kelli.Duehning@dhs.gov. Must be received by
    close of business, Tuesday, February 10, 2009. Position is at the
    GS-13/14/15 levels and is open until filled. No relocation
    reimbursement available.
    (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) Border Patrol Arrests Legal Immigrant
    A legal immigrant arrested by U.S. Border Patrol agents in a
    traffic stop has been released from a detention center after a
    weekend of incarceration.
    (b) Reforming America's Immigration Gulags Becomes Front-Burner
    Issue
    Long ignored by policymakers because the combination of
    immigration and prison reform is politically lethal, calls for
    major restructuring of the immigration detention system may soon
    become unavoidable.
    (c) Priorities Of Immigration Advocates Are Out Of Step
    More immigration is not what Latino voters want.
    (d) Protesters Target Immigration Agency
    The protesters claimed that ICE unfairly targets Mexican and
    Latino neighborhoods and is tearing apart families and
    communities.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0205.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
    Global Immigration Law Group will be hosting a seminar discussing
    the Alberta Canada Permanent Residency Program for H-1B Holders
    on February 7, 2009, from 9:30am - 12pm, at the Hilton, Universal
    City (next to Universal Studios). The address is 555 Universal
    Hollywood Drive, Universal City, California 91608. The number is
    1-818-506-2500. Parking with validation is $9. Costs for the
    seminar are $30 per person. Please RSVP ahead of time so that we
    will have materials prepared for you. Space is limited.
    Registration and payment is accepted at
    http://www.investimmigrationlaw.com
    ILW.COM is pleased to be a media sponsor.
    _________________________________________________________________
    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 believe that there is a useful point to debate what the law
    actually is concerning immigration related issues, as my letters
    have recently tried to do in relation to the 14th amendment right
    to citizenship by birth in the US. There is also much to be said
    in favor of having a thoughtful and focused debate about what the
    law should be, for which I commend David D. Murray's letters in
    particular. However, it seems that reasoned attempts to explain
    the law as it is, or as one believes it should be, are anathema
    to people who are so swayed by emotion or prejudice that they are
    unwilling to discuss anything dealing with immigration
    objectively. The large number of letters ranting about "illegal
    aliens" (a term to be found nowhere in the immigration laws -
    "alien", yes, but not "illegal") in the February 4 ID is
    unmistakeable, and certainly not encouraging, evidence of this.
    Yes, there are people in this country illegally - millions of
    them. So where do we go from here - boil them all in oil (along
    with their US born children, who, under the Constitution that
    every American owes allegiance to, are no less US citizens than
    any author of the anti-immigrant ranting letters referred to
    above?
    Roger Algase, Esq.   New York, NY
    (b) Dear Editor:
    I like the phrase used in Frank Rauscher's letter (02/04/09 ID),
    "...trespassers, not immigrants." I have long espoused the
    opinion that immigration should not be a game of politically
    correct semantics, like foregoing the use of the term  "illegal"
    in favor of "undocumented," and "alien" in favor of "immigrant".
    Mr. Rauscher's letter hits the nail on the head in coining a new
    phrase in immigration lingo, "illegal trespassers". Evidently,
    the letter writer has experienced firsthand the inequity of the
    US immigration system in petitioning his Chinese wife, who did
    not have the luxury of entering the USA on the Visa Waiver
    Program, requiring them to endure the pain of a long separation
    of a year or more, no doubt further humiliated by the
    traditionally poor and disrespectful treatment of Chinese
    applicants at the US Consulate in Guangzhou. It is time to
    streamline the approval process for US citizen spouses and remedy
    their inhumane separation. US immigration policy should not be
    based on compassion and concern for the poor - be they Hispanic,
    Asian or otherwise - it should be based on fundamental fairness
    and simple economics. Any "comprehensive immigration reform"
    should begin not with the illegal trespassers, but should first
    focus on fairness toward US citizens, and on US employers with a
    need for nonimmigrant temporary or seasonal labor. The Illegal
    trespassers can be dealt with by separate legislation, after the
    total immigration system is reformed, that should include
    adequate nonimmigrant employment authorized status designed to
    avoid immediate deportation of the trespassers that at the same
    time meets the immediate needs of employers. If later deemed
    appropriate, provide the former trespassers a vehicle through
    which to possibly "earn" their US residence in a way that will
    benefit US employers and the overall economy, not merely reward
    scofflaw acts.
    David D. Murray, Esq. Newport Beach, CA
    (c) Dear Editor:
    Sigh, to the folks who write in twisting the concepts of justice
    in these discussions of a solution to our nations immigration
    problems, perhaps in the interest of bi-partisanship you could
    refrain from using dehumanizing language and slurs to describe
    your fellow human beings (see 02/04/09 ID). It would also be
    helpful to the discussion if these folks were a little better
    informed on the cause and effect of these matters. On the one
    hand our restrictionists complain of the "cost" of illegal
    immigrants in our communties and yet advocate and explosion of
    the prison industrial complex to deport them. In the end it may
    work out because we are outsourcing so many of our jobs Mexico
    will soon need the workers back home. Is it possible to discuss
    this problem in the context of the US citizens' rights to family
    unity or freedom of Association?  Both of those concepts are
    clear in the Constitution yet nary a word is breathed by those
    who would bar the door to the family members of US Citizens. With
    what precedent or case law do you bend the Consitution to prevent
    Citizens from freely associating? If that person is his parents,
    children or spouse who are not citizens then provide a mechanism
    for them. We have the technology, submit application, take
    biometrics, post bond and get your VISA. Forfeit the bond if you
    don't come back.  Not all of illegal entry and those who are
    living in this country without authorization is caused by
    impossible restrictions on family unity, but it is a huge factor
    in this "broken system".  I am tired of the folks who write in
    twisting the concepts of justice in these matters and using
    dehumanizing language and slurs and insults to describe US
    Citizen children regardless of parentage.
    Sergi Sheplov
    (d) Dear Editor:
    I have been reading ID for some time now and have not seen
    information on the problems at many US consulates relating to the
    current marriage-based visa system, or reform of the current
    method used to issue/refuse K based visas. Several US consulates
    are notorious for completely disregarding the INA, FAM and
    numerous other DOS directives, policy statements, etc., used in
    adjudicating K visa petitions. A few of these consulates are even
    more notorious than the others. There have been no specific
    reasons provided at the time of visa denial as required under law
    and all attempts by the petitioners and/or beneficiaries to
    obtain the reason(s) for denial are ignored. Notice Of Intent To
    Deny or Revoke letters are routinely not sent by the USCIS to the
    petitioners providing them with an opportunity to appeal or
    rebut, and then a finding of Misrepresentation is entered into
    the beneficiary's file permanently barring him/her from entering
    the US on another petition and then requiring application for a
    waiver. Appealing to congressional representatives for assistance
    is met with the same  resistance, usually a flurry of non-
    descript generic responses to requests for specific information
    which are tendered by bureaucrats in the consulates, State
    Department or the USCIS. Congressional representatives seem to
    have no desire to take on this problem on behalf of their
    constituents and are content with getting the brush-off. Even
    FOIA requests for specific denial information are stymied until
    the requestor usually gives up. This is an aspect of immigration
    reform that is in dire need of attention by our elected leaders
    but one that is usually overlooked or brushed under the rug. I
    don't see enough coverage, or even any by ID, which could help
    bring this problem to be included in any future Immigration
    reform.
    Warren Atkins
    (e) Dear Editor:
    The Titanic went down because engineers proclaimed she "was
    unsinkable", and arrogantly ignored Mother Nature. This tragedy
    was a result of mass arrogance, poor planning and ice. In much
    the same way our Immigration Policy is sinking our moral ship.
    "Enforcement Only" (02/03/09 ID comment) sails without life boats
    resulting in the distruction of innocents. Like the Titanic the
    decisions of who gets humane treatment and who sinks is based on
    the class of ticket they boarded the ship with.  Unfortunately
    those who most loudly protest decent and humane treatment of the
    undocumented in our midst have a similar mindset, they believe
    they "deserve" a lifeboat and are stepping on the hands of anyone
    who attempts to board "thier ship".
    Maura Freedman
    (f) Dear Editor:
    A reader mentions traffic law in letter (02/03/09 ID). Speed
    limits apply to everyone on the road, and while the punishment
    for this "civil infraction" can vary from a warning to a monetary
    fine, they are generally finite and almost always the individual
    who recieved the citation can argue and the judge can use
    discretion in handling the case. In this civil matter the
    violater is given the opportunity to make restitution. This is
    never called "amnesty" nor a "reward" or a "cookie" as other
    friends have suggested. With Traffic Law in most cases the
    rules/signs are clear. This is not the case in Immigration Law.
    Many times in Immigration Law the result cannot be forseen and
    often the "punishment" doesn't have the intended effect but
    actually creates more serious and expensive unintended results.
    Jack Phelps
    (g) Dear Editor:
    I am a little concerned about the editorial comment on the E-
    verify system (02/03/09 ID). While I am in favor of widespread
    reform and feel that benefit legislation is necessary, I am not
    so sure that the death of the e-verify system is good for
    immigrants.  In reality, the E-verify system is a very visible
    problem for both legal and illegal immigrants as well as some
    citizens.   It highlights to employers, the difficulty in
    finding, what the US government considers as legal workers.  It
    is surprising to see the government also having problems with the
    system. The E-verify system is heralded as the ultimate
    enforcement tool by those opposing any immigration and is what
    they believe the way of the future.  To end the flawed program
    will only give them fuel to say, look we had a functioning system
    to enforce legal work and we passed the buck some where else.
    Yet, flaws and continual problems allow employers to understand
    that something needs to be done with the immigration system.  If
    employers were not struggling to get employees cleared under the
    system, they would not have a clue of why the immigration laws
    need to be changed. It is not sufficient to say then, end it all,
    because we do need the workers, we do need legal means to keep
    families together.  Without E-verify and the problems it creates
    for employers, employers may not recognize the urgency and the
    need to change or reform the immigration system, and the need for
    foreign workers.    So let E-Verify be extended.   Let that
    program be modified to maybe have a chance to work for some; but
    without further reforms of the entire system, E-verify will
    continue to plague many and continue to remind the general
    population of the United States, that reform is needed.
    Steven R. Lawrence  Salt Lake City, UT
    (h) Dear Editor:
    Regarding D. Murray's letter's  attack yesterday on my Feb. 3rd
    letter, he also wrote on Jan 16th:  "I would like to see personal
    attacks, rather than attacks on ideas eliminated in ID's Letters
    to the Editor stopped, as they serve no useful purpose".  He also
    wrote on Nov 11th:  "Hanza (sic) Prchal's letter (10/10/08 ID)
    responding, by way of what seems to me a demeaning personal
    attack on my intelligence, to my letter of 10/07/08 ID ... is an
    insult and the type of nonsensical personal bashing that should
    not be allowed in ID ... so how Mr. Prchal's letter can lambast
    my opinions with such nonsense, and how ID can allow him to do so
    in their publication is beyond belief. I am very angry and expect
    an apology from Mr. Prchal and from Immigration Daily. If I don't
    get it, you can believe this will be the last Immigration Daily
    will hear from me."  Heil Hitler. Mr. Murray's letters seem to
    have problems with the legitimate opinions of others, often
    calling for their ban or elimination from "serious
    consideration".  Opinions of others are not "non-sensical" or
    "have no basis in law or fact" just because Mr. Murray's letter
    so state, just as the 14th Amd. controversy regarding BO's
    citizenship qualifications is not over because some letter
    writers desire. Yesterday's letters of H. Prchal and R. Algase
    make interesting points as do others, but plain words such as
    "anti-American" and "blatant" are not inappropriate when
    accurately used. Entry enthusiasts seem to have an aversion to
    using plain words, preferring "undocumented workers" rather than
    "illegal aliens", the correct, legal term. One might ponder the
    reasons for the aversion and the apparent great need for them to
    avoid or cringe at them.
    Jim Roberts
    _________________________________________________________________
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  2. Feb 4 - Top Links January 2009

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    February 4, 2009
    Items:
    1.  Comment: Top Links January 2009
    2.  Focus: Deadline Is Wednesday, Feb 4th For Lawful Permanent
    Residence - Rules and Responsibilities
    3.  Articles:
        (a)Estimating the Contribution of Immigrant Business Owners
        to the U.S. Economy by Robert W. Fairlie
        (b) 19 Tough Questions To Ask A Marketing Consultant Before
        You Write A Check by Trey Ryder
        (c) Immigrants Of The Week: Ben Graham, Raul Hinojosa-Ojeda,
        and Amer Delic by Greg Siskind
    4.  News:
        (a) CRS On US Immigration Policy On Temporary Admissions
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorney
        (b) Translation Services
    6.  Headlines:
        (a) Conservative Group Tries to Make Obama's Aunt an
        Immigration Issue
        (b) Pecos Immigration Prison Riot Ends
        (c) The Message, Not GOP Immigration Position, To Blame, RNC
        Chair Says
        (d) Janco, Jaques Plead Guilty To Illegal Immigration Charges
    7.  ComingsNGoings:
        (a) Immigration Event - New York, NY
    8.  Letters From:
        (a) Honza Prchal, Esq.
        (b) Roger Algase, Esq.
        (c) David D. Murray, Esq.
        (d) M. Maha
        (e) Frank Rauscher
        (f) Margaret Adelsberger
        (g) Kurat
        (h) J.E. Smith
        (i) Jim Roberts
        (j) Ruthie
    http://www.ilw.com/immigdaily/digest/2009,0204.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    Books On Immigration Law: http://www.ilw.com/store/
    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
    Top Links January 2009
    We feature the most accessed links by our readers in January 2009
    below:
    Top five January Immigration Daily Articles
    ++ Seeing Green In US Immigration Policy by Cyrus D.Mehta
    http://www.ilw.com/articles/2009,0105-mehta.shtm
    ++ The EB-5: A Creative Solution To Green Card Quota
    Backlogs? by Brandon Meyer
    http://www.ilw.com/articles/2009,0127-meyer.shtm
    ++ Now Is The Time For Immigration Reform by Thomas W. Roach
    http://www.ilw.com/articles/2009,0121-roach.shtm
    ++ Fixing Border Security And Immigration: A Memo To President-
    Elect
    Obama by Jena Baker McNeill and James Jay Carafano
    http://www.ilw.com/articles/2009,0120-mcneill.shtm
    ++ USCIS Issues Burdensome RFEs Targeting Computer Consulting
    Companies by Cora-Ann V. Pestaina
    http://www.ilw.com/articles/2009,0113-pestaina.shtm
    Top five January Immigration Daily Items
    ++ USCIS Announces 100,000 Employers Use E-Verify
    http://www.ilw.com/immigdaily/news/2009,0112-Everify.pdf
    ++ DOL Releases H2A Stakeholder Briefing Sessions PowerPoint
    http://www.ilw.com/immigdaily/news/2009,0123-ETA.pdf
    ++ First Immigration Reform Proposal Is Introduced In Congress
    http://www.ilw.com/immigdaily/news/2009,0112-S9.pdf
    ++ DHHS Updates Poverty Guidelines
    http://www.ilw.com/immigdaily/news/2009,0127-poverty.shtm
    ++ CIS Ombudsman On AC21 Immediate Denial Notice
    http://www.ilw.com/immigdaily/news/2009,0115-AC21.shtm
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    Deadline Is Wednesday, Feb 4th For Lawful Permanent Residence -
    Rules and Responsibilities
    Wednesday, Feb 4th is the deadline for Lawful Permanent Residence
    - Rules and Responsibilities. The curriculum is as follows:
    ++Responsibilities and possible penalties ++Reentry permits
    ++Abandonment of LPR status ++Tax issues ++Responsibilities of
    I-864 sponsors ++Special cases - Asylee/Refugee LPRs ++Looking
    forward to naturalization  The deadline to sign up is Wednesday,
    Feb 4th. For more info, including speaker bios, detailed
    curriculum, and registration information, please see:
    http://www.ilw.com/seminars/december2008.shtm. Fax version:
    http://www.ilw.com/seminars/december2008.pdf.
    _________________________________________________________________
    3.  ARTICLES
    (a) Estimating the Contribution of Immigrant Business Ownersto
    the U.S. Economy
    Robert W. Fairlie writes "Although business owners from Mexico
    constitute the largest share of immigrant business owners, total
    immigrant business ownership,
    formation, and income originate with immigrant business owners
    from around the world."
    http://www.ilw.com/articles/2009,0204-fairlie.pdf
    http://www.sba.gov/advo
    (b) 19 Tough Questions To Ask A Marketing Consultant Before You
    Write A Check
    Trey Ryder writes "Make sure the consultant you hire has the
    skill and experience to provide all - or at least most - of the
    services you need."
    http://www.ilw.com/articles/2009,0204-ryder.shtm
    http://www.treyryder.com
    (c) Immigrants Of The Week: Ben Graham, Raul Hinojosa-Ojeda, and
    Amer Delic
    Greg Siskind celebrates the achievements of these immigrants.
    http://www.ilw.com/articles/2009,0204-siskind.shtm
    http://blogs.ilw.com/gregsiskind
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) CRS On US Immigration Policy On Temporary Admissions
    The Congressional Research Service released an updated version of
    its report on temporary admission of various categories of
    foreign nationals.
    http://www.ilw.com/immigdaily/news/2009,0204-crs.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Help Wanted: Immigration Attorney
    Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
    experienced attorney for Associate Regional Counsel position,
    USCIS OCC, Western Region. Responsibilities include, but not
    limited to, serving as attorney providing on-site legal advice to
    local District Office USCIS personnel on issues involving
    immigration related adjudications, inadmissibility and
    deportability grounds, and national security. Applicants must
    possess JD degree, be active bar member (any jurisdiction), and
    have 2+ years of post-JD experience in immigration law. For more
    info, key in Job Announcement Number: COU-CIS-2009-0002 at
    http://www.usajobs.com
    Preference is given to applicants with immigration law
    experience, a background in federal litigation, an excellent
    academic record, and strong writing skills. Submit a resume,
    cover letter + writing sample (max. 10 pps.) to: Kelli J.
    Duehning, Western Regional Counsel, USCIS Office of the Chief
    Counsel at mailto:Kelli.Duehning@dhs.gov. Must be received by
    close of business, Tuesday, February 10, 2009. Position is at the
    GS-13/14/15 levels and is open until filled. No relocation
    reimbursement available.
    (b) Translation Services
    Eurasia Translations, Inc. has been proud to serve immigration
    attorneys and individuals since 1993 with the translation of
    personal documents, academic credentials, criminal clearance
    letters, etc. Our customers can rest assured that all of our
    translations are prepared in accordance with USCIS requirements
    and are accompanied by a notarized certificate of accuracy. For
    more information, please call 888-887-1884 or visit our website.
    http://eurasia-usa.com
    For a free quote, please complete
    http://eurasia-usa.com/turntime_rate/turntime_form.html
    or fax your document at 818-907-9763.
    _________________________________________________________________
    6.  Headlines
    (a) Conservative Group Tries to Make Obama's Aunt an Immigration
    Issue
    "Obama must either deport his aunt or destroy his own credibility
    by showing her favoritism."
    (b) Pecos Immigration Prison Riot Ends
    The weekend uprising was the second time inmates have staged
    violent protests at the prison in a period of less than two
    months. Managed by the Florida-based Geo Group, the Pecos
    facility is among many immigrant detention centers in the United
    States currently run by private companies.
    (c) The Message, Not GOP Immigration Position, To Blame, RNC
    Chair Says
    New Republican National Committee chairman Michael Steele is
    already causing a stir with his comments on the party and
    immigration.
    (d) Janco, Jaques Plead Guilty To Illegal Immigration Charges
    Janco Composites and its president have pleaded guilty to federal
    charges stemming from an immigration raid at the company's
    Mishawaka plant in March 2007.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0204.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,- a half-day conference presented by The Colin Powell Center
    for Public Policy at The City College of New York with generous
    support from the Carnegie Corporation of New York.  General
    Powell will deliver the keynote address at the conference's
    concluding luncheon. 8:30-1:30 pm Thursday, February 5, The Great
    Hall of Shepard  Hall, The City College of New York, 160 Convent
    Avenue, New York, N.Y. 10031. RSVP: Ellis Simon, Director of
    Public Relations, The City College of New York, 212-650-6450.
    esimon@ccny.cuny.edu.
    _________________________________________________________________
    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:
    In his letter of February 3, Jim Roberts makes a good point
    poorly, and it is off of the immigration topic besides.     I
    agree with Jim Robert's argument about the Second Amendment, not
    about our President's citizenship or legal competence to serve.
    My whingeing at Mr. Algase (or just his joy at vanquishing his
    political nemeses) may have contributed to his drawing back from
    using terms like "un-American" and other vituperative argument
    enders, or it may not, but I used to regularly whinge at his
    letters about avoiding such language. Same goes for Mr. Roberts's
    letters. Your letter's argument is undermined by your resort to
    the term. Similarly, when one resorts to adjectives like
    "blatant", one generally weakens ones statement. I agree that in
    a self-governing nation, law is what the drafters of any valid
    law said and what it meant at the time they said it, an approach
    quite at odds with Mr. Algase's letter's kritarchy. (After all,
    why else vote - to choose who chooses our real masters, the
    judges?) One can say it better, even disagreeably, without
    resorting to "argument enders" like that creepy little term
    reincarnated by the Kerrys and Mr. Soros, "un-American". Those
    may fire up some who agree with you, but turn off more waverers
    than they convince.
    Honza Prchal, Esq.   Birmingham, AL
    (b) Dear Editor:
    Jim Roberts' letter (02/03/09 ID) criticizes anyone who shows
    "disrespect" for the Constitution. Judging from his letter, that
    seems to mean anyone who has a different interpretation from the
    ones in his letters. The Constitution is what the courts,
    especially, the Supreme Court, say that it means. In my opinion,
    for example, nothing could be more reprehensible than to distort
    what may have admittedly been considered an essential component
    of freedom centuries ago into an excuse for the gun lobby to make
    unseemly profits by disseminating weapons that destroy thousands
    of innocent human lives today. But Justice Scalia's recent 2nd
    Amendment opinion, which I believe does exactly that, is the law
    of the land, unless and until overturned some day in the future
    by a more enlightened Court. With regard to the Supreme Court's
    interpretation of the 14th amendment in a way which makes
    virtually every baby born in this country a US citizen, perhaps
    if the Court majority had had access to Mr. Roberts' letters 110
    years ago, it would have been persuaded to decide differently.
    But that did not happen, and anyone who claims to respect the
    Constitution has to acknowledge that the liberal interpretation
    of the 14th Amendment citizenship clause that Mr. Roberts'
    letters find so obnoxious is just as much the law of the land as
    the opinion by Justice Scalia in favor of the gun lobby that my
    letters object to.
    Roger Algase, Esq.  New York, NY
    (c) Dear Editor:
    Jim Roberts' letter (02/03/09 ID) ends with, "True Americans will
    not tolerate a disrespect or abuse of our Constitution as do
    special interests, power-mongers and Globalists." I'm afraid this
    statement, along with Mr. Roberts' recent string of letters
    regarding the 14th Amendment and US citizenship, effectively
    eliminates his opinions from serious consideration in any further
    intellectual discussion on the subject of immigration, law or the
    US Constitution, three things about which he seems very
    opinionated, but seems to know little about. In arguing these
    subjects, perhaps it is better to just know when to fold, rather
    than embarrassing oneself with nonsensical opinion that has no
    basis in fact or law. Thanks to Roger Algase for convincingly
    driving the final point home and concluding the "debate" over
    citizenship issues viz-a-vis the 14th Amendment to the US
    Constitution.
    David D. Murray, Esq.  Newport Beach, CA
    (d) Dear Editor:
    I have not receipt the Immigration daily since January 14th check
    it out what could be the problem.
    M. Maha
    Editor's note: We checked our records and were unable to locate
    your email address in the Immigration Daily listserv. However, we
    have added your email address and you should begin receiving
    Immigration Daily. If you continue to have issues with delivery,
    please contact us at webmaster@ilw.com.
    (e) Dear Editor:
    Born in the US in 1950, I have long been a citizen. My wife is
    Chinese. I worked hard and spent decent sums of money to get her
    here in America. There are just as many struggling poor in China
    as there are in Mexico, Central and South America. To favor one
    group of poor over the others is simply bigotry. Our immigration
    system needs improvement. I agree with this. However, those
    individuals that felt they couldn't wait for the legal
    immigration policy and system to grant them a Visa are
    trespassers, not immigrants. Their stay here has made it more
    difficult for the poor from countries like China to immigrate,
    yet your editorials do not reflect this at all. I have been
    reading your editorials for a long time, waiting to see if you
    have any compassion for the asain poor. I don't see it at all.
    Frank Rauscher      Las Vegas, NV
    (f) Dear Editor:
    Since when did illegal aliens become law abiding residents?  They
    have broken our laws, pushed to the head of the line and expect
    our acceptance and indulgence. ID and they are looking for
    benefits? Please. (see 02/03/09 ID comment).
    Margaret Adelsberger
    (g) Dear Editor:
    I have to say I have never read anything as blatantly pro-
    illegals, the millions that keep swarming the borders of our
    country as ID's recent comment (02/03/09 ID comment). They have
    broken a law by not having permission to come to this country,
    and now we have to give them rewards for breaking our immigration
    laws? Years ago, Americans may have been racist as to the color
    of one's skin, but we seem to have moved well beyond that point.
    Most Americans do not care what the color of skin is these days,
    but they worry about what illegals are doing to their chances for
    a job to feed the family. While Americans are worried about the
    future, do you really expect this population to give cookies to
    illegals for slithering into this country? And may I point out
    that there has been no real definition of the 14th Amendment
    whether these so-called "anchor babies" are actually citizens
    when the parents are illegal. Getting shoved across the border as
    you are about to give birth should not count as the conception of
    the child was on foreign soil. Citing racism on behalf of
    criminals (whether committing misdemeanors or felonies) is an
    extremely racist thing to do.
    Kurat
    (h) Dear Editor:
    Most persons who express negative feelings and/or attitudes
    toward persons who are present in the United States without
    having being duly, properly, legally inspected then admitted by
    competent authority, or persons who having been duly, properly,
    legally inspected then admitted, but who then violate the terms
    of that admission by "forgetting" to leave at the end of their
    allotted time of admission, or simply refuse to leave at that
    time are legally, properly referred to as illegal aliens
    (02/03/09 ID comment). Those folks described above are in no way
    the same as true prospective immigrants who are currently
    awaiting their turn to enter with properly issued immigrant
    visas, folks who are equally anxious to participate in the
    "American Dream" as those who decided to take the law into their
    own hands by ignoring our laws, then demanding to be "brought out
    of the shadows". To better describe those of us who detest the
    first group of folks (the illegal aliens) that you appear to
    continue to want to support in their efforts to demand amnesty
    for their willful, knowing violation of our normal immigration
    practices, please do not refer to us as "Anti-immigrationists".
    Such referral is not only disingenuous, it is downright silly and
    a boldfaced lie about my feelings, and the feelings of many
    others who detest the lawbreakers and line-jumpers who ID appears
    to support, towards immigration and immigrants. ID has a valuable
    role to play in this immigration debate, but you debase your
    purpose by being so eager to defend the indefensible, that is,
    illegal immigration.
    J.E. Smith  Brunswick, GA
    (i) Dear Editor:
    Yesterday's ID editorial Comment, "No Enforcement Without
    Benefits", did not have much of an argument to begin with and
    then completely lost it with phony, tired charges of "racism"
    (02/03/09 ID comment). Because entry policies deal with different
    races does not equal racism, nor does the limitation of numbers.
    And since when does Enforcement of our immigration policies
    require a trade-off or increase in entry numbers? Does the
    enforcement or placing of speed limits upon the highway imply a
    bigotry against autos or those who drive and require more drivers
    or does this display society's concern for order, safety and
    preservation? ID's "patiently waiting in line" plea implies that
    at some point, anyone is entitled to migrate. There is no God-
    given or Human Right to immigrate to US. That we have had such in
    the past when we were a growing country is passe now that we are
    an overcrowded one with recession and dwindling jobs for
    citizens. ID's, "But we are Nation of immigrants" rings hollow,
    when our Nation is like the Titanic taking on more water than it
    needs while slowly slipping into the sea.  "But you have always
    been a Cruise Line" would be irrelevant. The water that had
    supported the ship, destroyed it when not controlled. The
    "benefit" to enforcement is suppose to accrue to citizens, not
    foreigners. Entry enforcement is not "racism in another guise",
    but what is thinly hidden is the familiar greed of business for
    cheap labor on the global plantation and special interest groups
    who benefit from excessive entry while ignoring the rights, well-
    being and concerns of citizens. 
    Jim Roberts
    (j) Dear Editor:
    So now ID considers me a racists because I want to stop illegal
    immigration and support E-Verify? E-Verify is 99.6 % effective -
    maybe the approach would have been better suited if you stood up
    for E-Verify and those who did not clear legally in the US has
    the chance to correct the errors (02/03/09 ID comment).
    Ruthie
    _________________________________________________________________
    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
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    _________________________________________________________________
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  3. Feb 3 - No Enforcement Without Benefits

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    February 3, 2009
    Items:
    1.  Comment: No Enforcement Without Benefits
    2.  Focus: The H-1B Book Shipping Now
    3.  Articles:
        (a) Back To School: Immigration Issues for Students and
        Universities by Alice Yardum-Hunter, et al.
        (b) The 1965 Immigration Reforms And The New York Times:
        Context, Coverage, And Long-Term Consequences by William
        McGowan for the Center for Immigration Studies
        (c) Bloggings On PERM Labor Certification by Joel Stewart
    4.  News:
        (a) USCIS Delays Rule Changing Employment Eligibility
        Verification Document List
        (b) DHS Secretary Napolitano Issues Immigration And Border
        Security Directive
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorney
        (b) J-1 Visa Program
        (c) Credential Evaluation And Translation
    6.  Headlines:
        (a) Immigration is Losing Urgency as Top Issue
        (b) Priorities Of Immigration Advocates Are Out Of Step
        (c) Gillibrand Meets With City Lawmakers On Immigration
        (d) RNC Chairman Michael Steele on 'FOX News Sunday'
    7.  ComingsNGoings:
        (a) New Appointment - DHS Principal Deputy General Counsel
    8.  Letters From:
        (a) Gladys C. Farris
        (b) Josephine Padama
        (c) Jim Roberts
        (d) Sergi Sheplov
        (e) Soloman S. Keita
        (f) Zeya
    http://www.ilw.com/immigdaily/digest/2009,0203.shtm
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    Books On Immigration Law: http://www.ilw.com/store/
    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
    No Enforcement Without Benefits
    Congressional authorization for E-Verify expires on March 6th (as
    it does for Religious worker visas and the EB-5 program), and
    this has the anti-immigrationists worked up in a frenzy. In the
    dying days of the last Congress, the House agreed to a 5-year
    reauthorization of E-Verify. The Senate agreed to go along with
    the proviso that half a million visas be "recaptured" giving
    relief to legal immigrants waiting patiently in line for years,
    and in some cases decades, for their turn. These visas had been
    undercounted due to errors by the INS/USCIS, so there is no
    increase in immigration involved. Sen. Menendez was responsible
    for insisting on some benefits in exchange for the anti-
    immigrationists' top enforcement priority. Due to the resulting
    impasse between the two chambers, the matter was deferred to
    March 6th.
    Despite the overwhelming voice of the people in November, not
    much appears to have changed in the House of Representatives. Two
    Republicans on the House Appropriations Committee proposed
    attaching E-Verify to the gigantic catch-all economic stimulus
    bill currently the country's top priority, and the Democrats on
    that committee meekly agreed to do so without any dissent (so
    much for any show of support by the Democrats toward immigrants).
    A senior member of the Democratic leadership in the House is
    quoted as saying
    http://www.ojornal.com/site/news.cfm?newsid=20252769&BRD=2677&PAG=461&dept_i
    that "I think that they can make this one die in the Senate". We
    can expect that the anti-immigrationists will flood the Senate
    with thousands of calls and faxes on E-Verify during this week to
    deny legal immigrants any relief from lengthy separations from
    their families in the US. All this for a program that has been
    repeatedly criticized as denying jobs to USCs and LPRs due to
    database errors and which will delay Economic Stimulus relief
    from getting to the hands of those who need it (since the House
    bill conditions relief only to those employers enrolled in E-
    Verify). As Arizona learnt the hard way, most employers are in no
    hurry to enroll in E-Verify, the anti-immigrationists are asking
    Congress to sacrifice any chance of economic recovery in order to
    aid the antis in their racist goals of impeding legal
    immigration.
    We urge the United States Senate and Sen. Menendez in particular
    to insist that any reauthorization of E-Verify include some
    benefits, at a minimum the recapture provision, plus hopefully
    some more benefits such as the nurse relief provisions which have
    been pending for a long time. There is no point in enforcing
    immigration law if there are no immigration benefits that law-
    abiding immigrants and employers can avail themselves of, such
    enforcement is racism in another guise. We urge our readers to
    contact the US Senate (and the media) to reject the racists'
    vision of America and to embrace instead a view of America
    consistent with the best in our history - America as a nation of
    immigrants.
    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/store/theh-1bbook.shtm
    For the fax form, see here.
    http://www.ilw.com/store/theh-1bbook.pdf
    _________________________________________________________________
    3.  ARTICLES
    (a) Back To School: Immigration Issues for Students and
    Universities
    Alice Yardum-Hunter, et al. share the citations for this recently
    concluded seminar series.
    http://www.ilw.com/articles/2009,0203-citations.shtm
    http://www.ilw.com/seminars/julyb2008.shtm
    (b) The 1965 Immigration Reforms And The New York Times: Context,
    Coverage, And Long-Term Consequences
    William McGowan for the Center for Immigration Studies writes
    "Accusations of liberal bias at The New York Times date back
    decades, and given the tide of PC coursing so strongly through
    its pages on a daily basis now, it's tempting to think that bias
    has always been part of its institutional DNA."
    http://www.ilw.com/articles/2009,0203-mcgowan.shtm
    http://www.cis.org/
    (c) Bloggings On PERM Labor Certification
    Joel Stewart writes "The DOL has announced training sessions on
    the new 9089 form for PERM applications."
    http://www.ilw.com/articles/2009,0203-stewart.shtm
    http://blogs.ilw.com/joelstewart
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) USCIS Delays Rule Changing Employment Eligibility
    Verification Document List
    USCIS announced it has delayed by 60 days, until April 3, 2009,
    the implementation of an interim final rule entitled Documents
    Acceptable for Employment Eligibility Verification published in
    the Federal Register on Dec. 17, 2008.
    http://www.ilw.com/immigdaily/news/2009,0203-EVerify.pdf
    (b) DHS Secretary Napolitano Issues Immigration And Border
    Security Directive
    DHS Secretary Napolitano issued an action directive on
    immigration and border security.
    http://www.ilw.com/immigdaily/news/2009,0203-immigration.shtm
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Help Wanted: Immigration Attorney
    Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
    experienced attorney for Associate Regional Counsel position,
    USCIS OCC, Western Region. Responsibilities include, but not
    limited to, serving as attorney providing on-site legal advice to
    local District Office USCIS personnel on issues involving
    immigration related adjudications, inadmissibility and
    deportability grounds, and national security. Applicants must
    possess JD degree, be active bar member (any jurisdiction), and
    have 2+ years of post-JD experience in immigration law. For more
    info, key in Job Announcement Number: COU-CIS-2009-0002 at
    http://www.usajobs.com
    Preference is given to applicants with immigration law
    experience, a background in federal litigation, an excellent
    academic record, and strong writing skills. Submit a resume,
    cover letter + writing sample (max. 10 pps.) to: Kelli J.
    Duehning, Western Regional Counsel, USCIS Office of the Chief
    Counsel at mailto:Kelli.Duehning@dhs.gov. Must be received by
    close of business, Tuesday, February 10, 2009. Position is at the
    GS-13/14/15 levels and is open until filled. No relocation
    reimbursement available.
    (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.
    (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) Immigration is Losing Urgency as Top Issue
    The punches keep coming from both sides, but the slugfest over
    immigration may be losing some of its urgency.
    (b) Priorities Of Immigration Advocates Are Out Of Step
    Despite a Latino coalition's pitch to Obama, amnesty and higher
    levels of immigration are not the top concerns of Latino voters.
    (c) Gillibrand Meets With City Lawmakers On Immigration
    Seeking to mollify Hispanic lawmakers wary of her stance on
    immigration, Sen. Kirsten Gillibrand yesterday told a group of 16
    New York City politicians that she will use the group as a
    sounding board to help form her immigration policy, Assemb. Peter
    Rivera said.
    (d) RNC Chairman Michael Steele on 'FOX News Sunday'
    I think the GOP's position on immigration is very much the
    position of many, many Hispanics who are in this country.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0203.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 - DHS Principal Deputy General Counsel
    Secretary Janet Napolitano announced the appointment of David A.
    Martin to the Principal Deputy General Counsel position. David A.
    Martin was a former member of President Obama's DHS agency review
    and transition team, Warner-Booker Distinguished Professor of
    International Law at the University of Virginia School of Law,
    and former General Counsel for the Immigration and Naturalization
    Service, U.S. Department of Justice.
    _________________________________________________________________
    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:
    Judd Gregg is a visionary and knows that to help this country
    legally and economic Immigration bills must be activated in
    Congress and Senate (02/03/09 ID comment). I can understand
    President Obama wanted Judd Gregg in his Cabinet because our
    population in general are not so knowledgeable how the US has
    gotten in what we now stand economical and how much the
    immigrants can help us out.
    Gladys C. Farris
    (b) Dear Editor:
    Please inform all advocates of immigration reform to drumbeat
    this strong point in favor of the recipients of CIR:   they can
    help the economy going when they become legal by providing cash
    to the government in the form of  fees and charges for their
    appications, fines,back and current taxes. There will also be a
    huge amount of money to be spent in the purchase of vehicles,
    fees and charges with the DMV, insurance etc.  When they will be
    legal they will be able to purchase life and health insurance...
    get credit cards for retail purchases ...buy homes.. and go to
    school... these  these recipients for CIR  can do so much for our
    economy  if  given the chance .. and right now is the right time
    for them to help the country that has been helping them.
    Josephine Padama
    (c) Dear Editor:
    If there is any "twisted logic", it is found in the letter of R.
    Algase (2/2/09 ID).  A "purely historical argument" is not moot
    or precluded because of antiquity as human behavior does not
    change.  The letter's bias against valid gun ownership by
    citizens is as evident as that against placing reasonable
    interpretations on the 14th Amd. to avoid the crass cheapening of
    citizenship, particularly by illegals. To equate the 2nd Amd.
    right to bear arms in the liberty of protecting self to the:
    ''liberty to be killed in a gun fight between rival gangs in a
    modern American city" is a gross abuse of logic, un-American and
    blatant anti-gun propaganda.  If the 2nd Amd. can be
    regulated/interpreted for purposes of societal concerns, so can
    the 14th which can be just as destructive to US.  The letter may
    have ended comments on BO's birth question, but the public has
    not with dozens of lawsuits seeking the truth on this critical
    matter despite the obstruction of the media, the courts and BO
    himself who refuses to provide an original birth certificate to
    address this despite his promises of an open administration while
    Obamatrons obliviously drink the KoolAid and celebrate America's
    first illegal alien  "president" precedent.  Either the quotation
    marks or what's between them needs to be removed to elevate the
    small "p" to a respectful large one.  True Americans will not
    tolerate a disrespect or abuse of our Constitution as do special
    interests, power-mongers and Globalists.
    Jim Roberts
    (d) Dear Editor:
    Murray's letter (02/01/09 ID) is right, this discussion on birth
    right citizenship has run its course. I am ready for a discussion
    of how to fix this broken immigration system as suggested.
    Recently I have seen several novel and interesting ideas
    articulated in much more detail than the CIR advocates. The
    Canadian based points system as suggested doesn't really "fix"
    our convoluted system and all the problems that have piled up
    because of bad law on the books in the past. It might get us alot
    of cab drivers with Masters Degree's but education doesn't
    necessarily equal "life skills" or "successful" it often means
    just the opposite, someone who stayed in school to avoid getting
    a job or starting life. The points system also smacks of the cast
    system. I personally don't believe as many have expressed in this
    venue that some people have more "value" to us than others. The
    discussion of putting an end to some categories of family based
    Immigration because people are caring for elderly relatives seems
    a bit harsh. I do agree there has to be balance in the system
    because some countries and families have laid the ground work for
    endless generations of immigrants and are marrying cousins
    because its the social norm. The "parents" problem could be fixed
    by charging a fairly large fee much like a bond for US Citizens
    who want to bring parents here. How about putting an end to or
    significant fee on "online or arranged" marriages? Thats a start
    on ideas.
    Sergi Sheplov
    (e) Dear Editor:
    I would like to said that we taking care for this great country
    anyone of as we are responsable for U S A i am very glad you to
    write me i saided that we together we will get result many
    situations but i am worry about attack from enemies  comming in
    the fell i dont know the day or the month exatly every good
    autorities mush be carefull i need you to inform me all the times
    now i am in lima peru i wish to go home in the fell days comming
    with the new mix goverment we will be the best.
    Soloman S. Keita
    (f) Dear Editor:
    What is one to do while stuck in Admin Processing que that is
    seemingly without end. Some cases are more than two years old and
    a few are 4 years old. One could continue to wait around for a
    longer period without unpredicted time frame?  What could be done
    to avoid the uncertainty & sloth movement of Admin processing
    cases? It looks that Visa issuing authority of US Embassy is
    helpless to provide any solution to those who have been long
    suffering in Admin processing cases. A time frame must be
    establish to complete the Admin processing and old cases must be
    put on fast track to minimize the time loss for the sufferers.
    Asian countries immigrant cases are badly effected  with this
    Admin Processing after a visa interview.  Allotment of
    immigration visa takes  10 -15 years  time frame after filing  a
    case. After a  visa interview it takes another 2-5 years  waiting
    time to stamp visa from a Counselor office of US.
    Zeya
    _________________________________________________________________
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  4. Feb 2 - Senator Gregg

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    February 2, 2009
    Items:
    1.  Comment: Senator Gregg
    2.  Focus: The Consular Posts Book Table Of Contents
    3.  Articles:
        (a) Aliens - A US Resource Underutilized by Sardar N.
        Durrani, Esq. and Andrea Love Sumpter
        (b) Immigrants Of The Day: Timothy White of Argentina, Shauna
        Robertson of Canada, and Edmund Morris of Kenya by Kevin R.
        Johnson
        (c) Bloggings on Dysfunctional Government by Angelo A.
        Paparelli
    4.  News:
        (a) DOD Announces E-Verify Requirements For Federal
        Contractors Are Delayed
        (b) State Issued Criminal History Clearances
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorney
        (b) Immigration Law Certificate
        (c) Case Management Technology
    6.  Headlines:
        (a) Gillibrand's Immigration Views Draw Fire
        (b) Activists Keep Heat On Obama Over Immigration
        (c) Factory Manager Sentenced In Immigration Case
        (d) Obama's Immigration Czar to Rid U.S. of Criminal Aliens -
        If We Can Figure Out Who They Are
    7.  ComingsNGoings:
        (a) Immigration Event - San Diego, CA
    8.  Letters From:
        (a) Roger Algase, Esq.
        (b) Name Withheld Upon Request
        (c) Robert Yang
    http://www.ilw.com/immigdaily/digest/2009,0202.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    Books On Immigration Law: http://www.ilw.com/store/
    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
    Senator Gregg
    The Hill.com reports "Sen. Judd Gregg (R-NH), who is under
    consideration to be nominated as Commerce secretary, has
    supported contentious immigration legislation that sharply
    divided his party." For the full story, see here.
    http://thehill.com/leading-the-news/greggs-policies-on-immigration-similar-to-obamas-2009-01-30.html
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    The Consular Posts Book Table Of Contents
    The Table of Contents for "The Consular Posts Book" which is
    currently being finalized for printing is as follows:
    Chapter 1. Who You're Dealing with: DOS Jurisdiction
     ++The Three Gatekeepers - USDOS, USCIS, USDOL ++Three Different
     Sets of Rules ++The Federal Code, and All That - Statutes (50
     USC, 8 USC, 28 USC) ++FAM (the One Book You Need to Know) - DOS
     Regulations ++NAFTA, WTO, GATS, Soup to Nuts - Trade Agreements
     ++The Changing Policy Landscape - Economic Protection vs. Free
     Trade
     ++        He Votes - US Worker Considerations ++       But, His
     Lobbyists Are More Expensive - Free Flow of Capital Interests
      Chapter 2.  Rules of the Game (Some Old, Some New): DOS
      Authority
     ++The Consul Is Always Right - Consular Non-reviewability ++Give
     Them What They Want (No Less, No More)  -  Gauging and Meeting
     Consular Expectations ++Consular Mission Shift (From Business
     Service to Front-Line Investigator) - DOS' Enhanced Role in
     National Security
     ++    Terrorism - Security Clearance (FBI, Homeland Security,
     CIA); Illegal transportation of individuals for corrupt/ illegal
     business entities ++    Economic policies - Espionage, Export
     Controls

      Chapter 3.  What they're Looking For (Do's and Don'ts): Inner
      Federal Agency Workings
     ++The Appearance (and Substance) of Candor - Proactive
     Strategies for Avoiding Problems and Prosecutions. ++Mission
     Shift: The New Emphasis on Detecting Business-related Fraud
     ++   USCIS ++       DOL ++      CBP ++       Commerce Department
     Initiatives

     Chapter 4.  Why Visas Are Done Outside the U.S.: The Purpose of
     Consular Processing
     ++Local Reputations and Investigations - Eligibility and
     Authentication. ++Information, Please (Data-collection and the
     Wealth of Nations) - Intelligence Gathering ++All Politics Are
     Local - Diplomacy and Relations w/ host Country
    Chapter 5.  Getting, Keeping and Renewing Your Visa: The Visa -
    Its Limits and Privileges
     ++Not All Visas Are Created Equal - Many Types, But Few Real
     Choices   ++Permission to Enter ++Blanket L visas ++Investor
     Visas ++The Greater Use of B1 visas in connection to sustainable
     economic activity   ++Phone Home - The Importance of Personal
     Contact By Counsel in the U.S. ++Once you're Here, They Don't
     Stop Looking - The New Realities of Doing Business (Post 9/11
     Data Mining and Federal Task Forces) ++Time to Renew, Time to
     Review - The Importance of Reviewing the Record Before
     Submitting Updated Information.
    Chapter 6. DOS Central Office Can Help You: Review and Appeals of
    Consular Decisions
     ++The Consular Officer Isn't Always Right (Sometimes) - Review
     and Appeals of Consular Decisions   ++Supervisor review
     ++State Dept Opinion ++Long Standing Absences of US Courts in a
     Vastly changing Global Economy and the Borderless Corporation
    Chapter 7.  Avoiding Audits and Task Forces: Best Practices
     ++Innocence Isn't Enough -- USCIS and ICE Random Fraud
     Assessments ++Send In the Marines -- Federal Fraud Task Forces
    Chapter 8.  Data-mining and Real-Time Enforcement:  The Future
    Landscape of the Visa Process
     ++Save the Trees -  E-filing, Document Scanning, and Distributed
     Data Access ++If it's On-Line or in a Computer, Assume They Have
     a Copy
    Chapter 9.  The Many Faces Behind the Visa Window: The Visa
    Process and Procedure at Select High-Volume Consulates in the New
    World Economic Order
    India (New Delhi, Chennai, Mumbai, Kolkata); China (Beijing, Hong
    Kong, Guangzhou, Shanghai); Canada (Ottawa, Toronto, Vancouver,
    Montreal);  Mexico (Mexico City, Ciudad Juarez, Monterrey,
    Tijuana, Nogales, Guadalajara); United Kingdom (London); France
    (Paris); Germany (Munich); Poland (Warsaw); South Korea (Seoul);
    Phillipines (Manila); Japan (Tokyo); Brazil (Rio de Janeiro, Sao
    Paulo); Australia (Sydney); Taiwan (Taipei); Vietnam (Ho Chi Minh
    City); Israel (Tel Aviv); Bangladesh (Dhaka); Argentina (Buenos
    Aires); Colombia (Bogota); Venezuela (Caracas); Dominican
    Republic (Santo Domingo); Haiti (Port au Prince); Jamaica
    (Kingston)
    For contributor bios, more info, and to order, please see:
    http://www.ilw.com/store/ConsularPosts.shtm
    Or for fax, please see:
    http://www.ilw.com/store/ConsularPosts.pdf
    _________________________________________________________________
    3.  ARTICLES
    (a) Aliens - A US Resource Underutilized
    Sardar N. Durrani, Esq. and Andrea Love Sumpter write "The US
    needs to change laws so that the country may benefit from a
    nearly endless potential of many highly qualified illegal aliens."
    http://www.ilw.com/articles/2009,0202-durrani.shtm
    http://www.durrani.com
    (b) Immigrants Of The Day: Timothy White of Argentina, Shauna
    Robertson of Canada, and Edmund Morris of Kenya
    Kevin R. Johnson celebrates the achievements of these immigrants.
    http://www.ilw.com/articles/2009,0202-johnson.shtm
    http://lawprofessors.typepad.com/
    (c) Bloggings on Dysfunctional Government
    Angelo A. Paparelli writes "Federal contractors, Congress and the
    Obama administration have yet another respite, this time until
    May 21, 2009, to decide what to do about E-Verify."
    http://www.ilw.com/articles/2009,0202-paparelli.shtm
    http://blogs.ilw.com/angelopaparelli/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) DOD Announces E-Verify Requirements For Federal Contractors
    Are Delayed
    The Department of Defense, General Services Administration, and
    National Aeronautics and Space Administration have agreed to
    delay
    the applicability date of FAR Case 2007-013, Employment
    Eligibility Verification, to May 21, 2009.
    http://www.ilw.com/immigdaily/news/2009,0202-Everify.shtm
    (b) State Issued Criminal History Clearances
    USCIS released a listing of state issued criminal history
    clearances (courtesy of Thomas Esparaza, Esq.).
    http://www.ilw.com/immigdaily/news/2009,0202-criminal.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Help Wanted: Immigration Attorney
    Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
    experienced attorney for Associate Regional Counsel position,
    USCIS OCC, Western Region. Responsibilities include, but not
    limited to, serving as attorney providing on-site legal advice to
    local District Office USCIS personnel on issues involving
    immigration related adjudications, inadmissibility and
    deportability grounds, and national security. Applicants must
    possess JD degree, be active bar member (any jurisdiction), and
    have 2+ years of post-JD experience in immigration law. For more
    info, key in Job Announcement Number: COU-CIS-2009-0002 at
    http://www.usajobs.com
    Preference is given to applicants with immigration law
    experience, a background in federal litigation, an excellent
    academic record, and strong writing skills. Submit a resume,
    cover letter + writing sample (max. 10 pps.) to: Kelli J.
    Duehning, Western Regional Counsel, USCIS Office of the Chief
    Counsel at mailto:Kelli.Duehning@dhs.gov. Must be received by
    close of business, Tuesday, February 10, 2009. Position is at the
    GS-13/14/15 levels and is open until filled. No relocation
    reimbursement available.
    (b) 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
    (c) 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
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    emails, notes, reports, invoices, auto email alerts and
    reminders, document storage and assembly. A library of
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    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
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    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
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    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.
    _________________________________________________________________
    6.  Headlines
    (a) Gillibrand's Immigration Views Draw Fire
    Still, Ms. Gillibrand has not backed down from her long-standing
    opposition to "amnesty" for illegal immigrants, which has left
    some immigrant advocates wondering whether she would support any
    law that would establish a path to citizenship for illegal
    immigrants.
    (b) Activists Keep Heat On Obama Over Immigration
    As Obama settles into the White House, he faces renewed pressure
    from pro-immigration activists to keep a pledge to support
    immigration reform, or at the least, roll back some of the get-
    tough immigration policies of his predecessor George W. Bush.
    (c) Factory Manager Sentenced In Immigration Case
    A manager at a New Bedford leather-goods factory raided in 2007
    by immigration agents has been sentenced to two years probation
    for her role in helping the company hire and conceal illegal
    immigrants.
    (d) Obama's Immigration Czar to Rid U.S. of Criminal Aliens - If
    We Can Figure Out Who They Are
    Homeland Security Secretary Janet Napolitano wants to expel what
    she calls "criminal aliens" from the US, starting with those
    already in custody.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0202.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.
    (a) Immigration Event - San Diego, CA
    'Is Black the New Brown? Latino Immigration and Native Labor
    Replacement in the Contemporary U.S. South'  3:00-5:00 p.m.,
    Tuesday, February 10, 2009, Eleanor Roosevelt College Admin.
    Bldg., Conference Room 115, First Floor  University of
    California, San Diego,
    http://www.ccis-ucsd.org/Programs/CCIS%20Seminars%20Winter%202009.pdf.
    _________________________________________________________________
    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 promised in my (1/30/09 ID) letter not to write anything
    further about the issue of US citizenship by birth. However, I
    have one final comment. In that letter, I mentioned that in the
    early years of the American Republic, some of the states were
    reluctant to follow the centuries-old English Common Law doctrine
    that anyone born in the King's realm and subject to its law was a
    citizen, even if his/her parents were foreigners. As my letter
    pointed out, there was a concern that this could limit the
    child's freedom to renounce allegiance to the Crown (or the US)
    after attaining majority. However, to use this purely historical
    argument as a reason for restricting citizenship rights by birth
    in 21st Century America would be even more dangerous than was
    Justice Scalia's twisted logic in the recent Second Amendment
    case involving gun control in the District of Columbia. In that
    decision, Justice Scalia went back to medieval English history in
    order to argue that the individual right to bear arms had once
    been important to the idea of personal liberty against the
    tyranny of the King. Based on this argument, the Supreme Court,
    in effect, upheld the Second Amendment ''liberty" to be killed in
    a gun fight between rival gangs in a modern American city, In the
    same way, those who, would like to restrict citizenship by birth
    in the US to children whose parents were both US citizens, would
    be upholding the "liberty" of millions of children of  immigrant
    parents to be illegal in the US, and therefore subject to arrest
    and deportation, merely by the fact of being born. What kind of
    liberty is that?
    Roger Algase, Esq.  New York, NY
    (b) Dear Editor:
    Asylum cases are supposed to be confidential. Thus in filling out
    an asylum application, I put - please mail to attorney -clearly
    next to my client's address. As you can guess, my client
    nevertheless received mail from the Asylum Office, which return
    address had "Asylum Office" on the envelope along with my
    client's address. Confidential? Ha. My client then moved and I
    put a change of address form in with the Asylum Office with a
    clear cover letter to only mail me notices. As you can guess, my
    client still received mail from the Asylum Office. We then had
    the asylum hearing and explained the mail problem to the asylum
    officer, who said she would take care of it. Six months later
    still waiting for an answer and, as you can guess, my client
    still is receiving notices from the Asylum Office. Any
    suggestions on how to get the government to send it the correct
    address? My client's case has been kicked up to headquarters and
    been in some dusty file for six months. Any suggestions how to
    dislodge it and get an answer. My client has a very strong case,
    thus I am not too worried about ruffling the feathers of the
    asylum boys and girls. However, for my client's sake, I remain
    anonymous.
    Name Withheld Upon Request
    (c) Dear Editor:
    I have friends who are permanent residents but they have lower
    cost health insurance because they're "poor". Many refugees also
    live on welfare, it's fine for certain period but it's time for
    fairness and common sense to cut them off, this ridiculous
    policies happened in many Western nations, high taxes, welfare to
    the lazies. We won't welcome any parasites in this country, since
    we have enough parasites who are citizens who don't want to work
    but enjoy public welfare without shame, including Wall Street
    bankers. In short, all beneficiaries of our immigration system
    must be self sufficient or sponsored by their relatives, they
    must leave the country if they can't support themselves. USC may
    petition their parents if they can show they have certain income
    level and net worth, have good credit and willing to sign an
    affidavit to support their parents during their stay here. If the
    support ceased, the parents then must leave. I suggest also ID to
    cut off the debate about President Obama's citizenship, it's too
    late, it's done, get over it. Hawaiian official confirmed his
    birth certificate and none fussed about it much earlier. Give our
    new President a chance to bring this country to a better
    direction and future.
    Robert Yang
    _________________________________________________________________
    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 30 - CIR In 2009

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 30, 2009
    Items:
    1.  Comment: CIR In 2009
    2.  Focus: Inventory Closeout Sale
    3.  Articles:
        (a) Fewer Job Openings Equals Fewer Immigrants: Undocumented
        Immigration Slows Along With The U.S. Economy by Angela
        Kelley for the Immigration Policy Center
        (b) Bloggings on Nurse Immigration by Christopher T. Musillo
        of the Hammond Law Group
        (c) Immigrants Of The Day: Mother Jones of Ireland, Fareed
        Zakaria of India, and Herbert Marcuse of Germany by Kevin R.
        Johnson
    4.  News:
        (a) DHS Announces FAR E-Verify Reg Implementation Is
        Postponed
        (b) CIS Ombudsman Releases Recommendations For Improving
        Process For Trafficking Victims
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorney
        (b) J-1 Visa Program
    6.  Headlines:
        (a) Second Death At Virginia Immigration Detention Facility
        (b) Date Set For Gillibrand Summit With Latino Lawmakers
        (c) Iowa: What Happens When a Town Implodes
        (d) What Will President Obama Do About Immigration Reform?
    7.  ComingsNGoings:
        (a) Immigration Event - Cambridge, MA
    8.  Letters From:
        (a) Honza Prchal, Esq.
        (b) Roger Algase, Esq.
        (c) David D. Murray, Esq.
        (d) Bruce R. Mulraney
        (e) Natalie
    http://www.ilw.com/immigdaily/digest/2009,0130.shtm
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    _________________________________________________________________
    1.  COMMENT
    CIR In 2009
    New American Media reports "Pro-immigrant advocates believe the
    Obama administration will have a window of opportunity between
    this September [2009] and March 2010 to shepherd a comprehensive
    immigration package that will provide a path to legalization for
    an estimated 12 million undocumented residents, strengthen border
    security and help the ailing economy." For the full story, see here.
    http://news.newamericamedia.org/news/view_article.html?article_id=ce386e69944fe33cea35ee9c7098451f
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    Inventory Closeout Sale
    ILW.COM is pleased to announce our inventory closeout sale offer
    on the new completely revised editions of Patel's Immigration Law
    Books, 2008-2009 Edition, and now at a fantastic huge discounted
    price. These are the most respected primary reference materials
    featuring user- rated "best index" on the market. This  special
    bundle includes the WHOLE Act, 20/22/28 CFR Plus and 8  CFR Plus
    for only $99. For more details and to purchase, see
    http://www.ilw.com/store/patel'simmiglawlibrary.shtm. Don't wait
    to order your copy today! This is a limited time offer and will
    be available only until the inventory  is sold out. If you have
    any questions, please write to
    mailto:webmaster@ilw.com.
    _________________________________________________________________
    3.  ARTICLES
    (a) Fewer Job Openings Equals Fewer Immigrants: Undocumented
    Immigration Slows Along With The U.S. Economy
    Angela Kelley for the Immigration Policy Center writes "According
    to new estimates from the Pew Hispanic Center, the number of
    undocumented immigrants in the United States did not increase
    between 2007 and 2008, and may actually have fallen."
    http://www.ilw.com/articles/2009,0130-kelley.shtm
    http://www.immigrationpolicy.org/
    (b) Bloggings on Nurse Immigration
    Christopher T. Musillo of the Hammond Law Group shares the latest
    entries as of January 28, 2009 on his immigration law and policy
    blog.
    http://www.ilw.com/articles/2009,0130-hammond.shtm
    http://www.hammondlawfirm.com/
    (c) Immigrants Of The Day: Mother Jones of Ireland, Fareed
    Zakaria of India, and Herbert Marcuse of Germany
    Kevin R. Johnson celebrates the achievements of these immigrants.
    http://www.ilw.com/articles/2009,0130-johnson.shtm
    http://lawprofessors.typepad.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) DHS Announces FAR E-Verify Reg Implementation Is Postponed
    DHS announced that federal contractors and subcontractors will be
    required to begin using the U.S. Citizenship and Immigration
    Services' E-Verify system starting May 21, 2009, to verify their
    employees' eligibility to legally work in the US.
    http://www.ilw.com/immigdaily/news/2009,0130-EVerify.shtm
    (b) CIS Ombudsman Releases Recommendations For Improving Process
    For Trafficking Victims
    CIS Ombudsman's Office released its recommendations on how to
    improve the process for victims of human trafficking and certain
    criminal activity.
    http://www.ilw.com/immigdaily/news/2009,0130-trafficking.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Help Wanted: Immigration Attorney
    Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
    experienced attorney for Associate Regional Counsel position,
    USCIS OCC, Western Region. Responsibilities include, but not
    limited to, serving as attorney providing on-site legal advice to
    local District Office USCIS personnel on issues involving
    immigration related adjudications, inadmissibility and
    deportability grounds, and national security. Applicants must
    possess JD degree, be active bar member (any jurisdiction), and
    have 2+ years of post-JD experience in immigration law. For more
    info, key in Job Announcement Number: COU-CIS-2009-0002 at
    http://www.usajobs.com
    Preference is given to applicants with immigration law
    experience, a background in federal litigation, an excellent
    academic record, and strong writing skills. Submit a resume,
    cover letter + writing sample (max. 10 pps.) to: Kelli J.
    Duehning, Western Regional Counsel, USCIS Office of the Chief
    Counsel at mailto:Kelli.Duehning@dhs.gov. Must be received by
    close of business, Tuesday, February 10, 2009. Position is at the
    GS-13/14/15 levels and is open until filled. No relocation
    reimbursement available.
    (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) Second Death At Virginia Immigration Detention Facility
    This is not just the first death of a detainee at an immigration
    detention center, but also it is the second at this particular
    jail.
    (b) Date Set For Gillibrand Summit With Latino Lawmakers
    After backing down on their threat to go nuclear on Sen. Kirsten
    Gillibrand in exchange for her promise to sit down an chat about
    immigration, Latino lawmakers have secured a date for their
    meeting with the new senator.
    (c) Iowa: What Happens When a Town Implodes
    Eight months after the Agriprocessors raid, Postville is still
    grappling with what its leaders call a "humanitarian and economic
    disaster," compounded by the recession and a harsh winter.
    (d) What Will President Obama Do About Immigration Reform?
    But what will he do about immigration reform?
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0130.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 - Cambridge, MA
    'The Impact of Migration on Children', The Myron Weiner Seminar
    Series on International Migration Sponsored by the Center for
    International Studies, Inter-University Committee on
    International Migration. 4:30-6:00 pm, Tuesday, February 3, 2009
    Carr Center Seminar Room (Room 219), Rubenstein Building (2nd
    floor), John F. Kennedy School of Government, Harvard University
    79 John F. Kennedy Street, Cambridge, MA 02139.
    http://events.mit.edu/scripts/event_ext.pl. Contact:  Jennifer
    Dignazio, (617) 253-3848 or jdignaz@mit.edu.
    _________________________________________________________________
    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:
    Sid Lachter's letter (01/29/09 ID) states that anti-Obamites
    [sic] "say" all sorts of things about our President's citizenship
    status. I'll bet his letter didn't mean to tar all of us with
    that brush, but a number of the regular readers and commenters
    who did not vote for Obama, myself included, have actually been
    cheering on the straight-forward legal analysis of ... Roger
    Algase's letters in this particular dispute. One parent is enough
    to be a US citizen under the traditional understanding of jus
    sanguinis at the time the US Constitution was adopted, and that
    understanding controls unless superseded by a Constitutional
    Amendment. If one is a US citizen at birth and never renounced
    said citizenship, one is not disqualified. As for the reliance of
    Mr. Apuzzo and others on the Slaughterhouse Cases, they have not
    been expunged root and branch as I would prefer. The majority in
    the Slaughterhouse cases was, after all, striving for national
    consensus by gutting the 14th Amendment. Some of us old-fashioned
    lawyers argue that laws should mean what they meant when adopted,
    or else self-government in compromised. At the time the
    Constitution was adopted, jus sanguinis was not a controversial
    principle, and jus solis similarly applied to people born in US
    territories and considered eligible for citizenship. In terms of
    jus solis, Hawaii before statehood is no different from any other
    territory. Its citizens in the days after annexation and before
    statehood are uncontroversially natural born US citizens. For
    example, Davy Crocket was born in land that would become the
    state of Tennessee four years later. He was considered a
    potential Presidential contender by his fans, and his detractors
    did not cite his Constitutional ineligibility for the post when
    trying to damage his prospects.
    Honza Prchal, Esq.  Birmingham, AL
    (b) Dear Editor:
    I agree with Bruce R. Mulraney's letter (01/28/09 ID), which
    opposes Mario Apuzzo's letter's mistaken and unsupported argument
    that the term "natural born citizen" of the US in Article 2 of
    the Constitution allegedly has a  more restricted meaning than
    the concept of a US citizen by birth in the US in the 14th
    Amendment. But the authors of both of these Constitutional
    provisions were more likely thinking of the kings of England than
    of Poland, as argued in Mr. Mulraney's letter. These
    Constitutional drafters chose (according to the Wong Kim Ark
    decision) to adopt the broad view of citizenship by birth
    established in the English Common Law, namely that anyone born in
    the King's realm was a English subject, unless his parents were
    foreign diplomats or occupying enemy soldiers. However, the
    English Common Law also made it virtually impossible for anyone
    born in England to renounce English citizenship, which is
    precisely what the American colonists were trying to do.
    Therefore, there was a body of opinion in some early US states
    that resisted adopting the broad English Common Law doctrine of
    citizenship by birth, because it might have limited the freedom
    to sever one's allegiance to England. Therefore, according to
    this argument, America would be serving the cause of liberty
    better by adopting a narrower view of citizenship by birth in the
    US than that of the English Common Law. But this argument was
    rejected in the Wong Kim Ark decision. It might have been
    relevant in 1789, when the Constitution was adopted. But it had
    ceased to be relevant in the very different America of 1868, when
    the 14th Amendment was adopted, or in 1898, the year of the Wong
    Kim Ark decision. It is even less relevant in America today. This
    will conclude my letters on this topic.
    Roger Algase, Esq. New York, NY
    (c) Dear Editor:
    Sid Lachter's letter (01/29/09 ID) hit the nail right on the head
    when his letter states, "Citizens by birth are citizens in all
    respects by virtue of the 14th Amendment, and the citizenship of
    their parents is irrelevant ..."  I do not understand where this
    14th Amendment controversy came from in ID Letters to the Editor,
    but arguing there is a difference between a "natural born
    citizen" and "citizen of the US" is akin to the ceaseless ranting
    and raving of those who believe taxation by the federal
    government is unconstitutional, one argument being that Americans
    are citizens of the individual states as opposed to citizens of
    the United States, claiming the Fourteenth Amendment was not
    properly ratified. Of course of the thousands of lawsuits and IRS
    proceedings brought over past decades pertaining to this
    position, none has yet to succeed. The issue of who is a US
    citizen is not a matter of opinion or debate; this has all been
    laid to rest years ago by the US Supreme Court. Read and
    understand the majority opinions in the pertinent cases and stop
    insulting the intelligence of ID readers with nonsensical
    bickering about how many elephants can sit on the top of the 14th
    Amendment before they are US citizens. Enough is enough. In
    response to KO's letter (01/29/09 ID), who once again brings up
    the knee-jerk tirade over the H-1B, all I can say is nonsense.
    That tired old horse was buried years ago and anyone who knows
    and understands the fundamentals of the H-1B visa knows those
    unsubstantiated arguments will never be entered in the Kentucky
    Derby. I vote we move on to more intelligent discussion about how
    to fix the broken immigration system while trying to keep
    everyone in the world happy.
    David D. Murray, Esq. Newport Beach, CA
    (d) Dear Editor:
    Thank you for your skilled editing of my letter (ID: 01/29/09).
    ID improved my original submission.
    Bruce R. Mulraney  Los Angeles, CA
    (e) Dear Editor:
    In reference to Robert Yang's letter (01/28/09 ID) "Unproductive"
    parents and relatives of U.S. citizens and Permanent Residents
    living off Medicare and Social Security checks. Tsk. Tsk. Tsk.
    First of all, many parents are not elderly, many relatives are
    not elderly. Most come and work. Even a parent that comes and
    does not work outside the home often becomes the babysitter for
    the USC grandchildren so that their parents can both work and
    make a living. By entrusting the children to their grandparents
    instead of strangers or the sometimes sterile atmosphere of
    corporate daycare, the children are usually better cared for and
    family ties are strengthened. The result is often less juvenile
    delinquency, and higher acheivement. I don't see that as a
    negative. As for the Medicare and Social Security checks,
    permanent residents are not eligible to petition parents under
    ordinary immigration, only U.S. citizens can sponsor thier
    parents. Those U.S. citizens file Affidavits of Support which
    promise that they will care for the parent or relative until they
    become a citizen or leave the country. Most Permanent Residents
    themselves are not eligible for any public benefits for 5 to 10
    years. There are only a few ways you might see an elderly
    immigrant getting Medicare or Social Security checks. They might
    already be a U.S. citizen; they might have come as a refugee or
    asylee (which is not an easy way to come, fleeing war,
    persecution, torture, etc and is granted by the U.S. government);
    their spouse may be or have been a U.S. citizen and maybe a few
    other ways but most do not fall into these categories. So, I am
    not sure who are all of these parents and relatives you see who
    are unproductive and living off of Medicare and Social Security
    checks unless they have earned it.
    Natalie
    _________________________________________________________________
    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
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