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  1. Jan 8 - Job Seeking Tips

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 8, 2009
    Items:
    1.* Comment: Job Seeking Tips
    2.* Focus: Family-Based Immigration: Nuts And Bolts
    3.* Articles:
    *** (a) Reporting Our Colleagues For Discipline To Save Our
    *** Clients From Deportation: An "Ineffective" System by Curtis
    *** Pierce and Matthew Hall
    *** (b) The Vatican And The Free Market by John C. Goodman for
    *** the Foundation For Economic Education
    *** (c) Bloggings On Immigration Law And Policy by Greg Siskind
    4.* News:
    *** (a) EOIR Announces New Professional Conduct Regulation
    5.* Classifieds:
    *** (a) Help Wanted: Immigration Paralegal
    *** (b) J-1 Visa Program
    6.* Headlines:
    *** (a) It's Education, Not Immigration
    *** (b) 2 Charged In Seattle With Gay Immigration Fraud
    *** (c) GOP Needs A Rethink On Immigration
    *** (d) Senate To Tackle Immigration?
    7.* ComingsNGoings:
    *** (a) Honors And Awards - Chapel Hill, NC
    8.* Letters From:
    *** (a) Alice Yardum-Hunter, Esq.
    *** (b) Bob Warren, Esq.
    *** (c) Mario Apuzzo, Esq.
    *** (d) AJO
    http://www.ilw.com/immigdaily/digest/2009,0108.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    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
    Job Seeking Tips
    A law.com article shares 10 resolutions for job seeking success.
    For the story, see here.
    http://www.law.com/jsp/law/careercenter/lawArticleCareerCenter.jsp?id=1202427217476
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.* FOCUS
    Family-Based Immigration: Nuts And Bolts
    Our new book, Family-Based Immigration: Nuts & Bolts; Editor:
    Charles Wheeler of the Catholic Legal Immigration Network, Inc.
    (CLINIC) features:
    ++ Chapters: Immediate Relatives And The Preference System,
    Overview Of The Application Process For Permanent Residence,
    Adjustment Of Status, Consular Processing, Immigrating Through
    Marriage, Grounds Of Inadmissibility, Waivers Of Inadmissibility,
    Affidavit Of Support, Self-Petitions For Abused Spouses And
    Children, & Ethics
    ++ 35 Appendices include: Sample Request For Criminal History,
    Documenting I-130 Petitions, Sample Motion To Reinstate I-130,
    Consular Processing Instruction Package, Consular Processing
    Appointment Package, Suggested Evidence Of Bona Fide Marriage,
    I-601 Waiver Packet Based On INA 212(h) (Criminal Convictions),
    I-601 Waiver Packet Based On INA 212(i) (Fraud Or
    Misrepresentation), I-601 Waiver Packet Based On INA 212(a)(9)
    (B)(v) (Unlawful Presence), & I-212, Request For Permission To
    Reapply For Admission After Deportation
    ++ CD-ROM includes: relevant regulatory sections from 8 CFR, 22
    CFR, etc., many forms from USCIS, DOS, SSA & IRS, significant
    statutory provisions, key BIA & Federal cases, selected USCIS
    memos, public health service documents, etc.
    For more info on Family-Based Immigration: Nuts & Bolts, and to
    order, http://www.ilw.com/store/familybasedimmigration.shtm. For
    the fax order form,
    http://www.ilw.com/store/familybasedimmigration.pdf.
    _________________________________________________________________
    3.* ARTICLES
    (a) Reporting Our Colleagues For Discipline To Save Our Clients
    From Deportation: An "Ineffective" System
    Curtis Pierce and Matthew Hall write "Instead of struggling with
    how to comply with this "requirement," we should be fighting for
    its eradication."
    http://www.ilw.com/articles/2009,0108-pierce.shtm
    http://www.ilw.com/articles/2009,0108-pierce.shtm#bio
    (b) The Vatican And The Free Market
    John C. Goodman for the Foundation For Economic Education writes
    "To the extent that outside intellectuals have made an impact on
    Catholic social thought, the influence has come mainly from those
    who advocate the welfare state and are hostile to the market."
    http://www.ilw.com/articles/2009,0108-goodman.shtm
    http://www.fee.org/
    (c) Bloggings On Immigration Law And Policy
    Greg Siskind shares the latest entries as of December 18, 2008 on
    his immigration law and policy blog.
    http://www.ilw.com/articles/2009,0108-siskind.shtm
    http://www.visalaw.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.* NEWS
    (a) EOIR Announces New Professional Conduct Regulation
    The Executive Office for Immigration Review announced changes to
    the rules and procedures concerning professional conduct for
    attorneys and other representatives (practitioners) who practice
    before the Board of Immigration Appeals (BIA) and the immigration
    courts.
    http://www.ilw.com/immigdaily/news/2009,0108-disciplinary.pdf
    _________________________________________________________________
    5.* CLASSIFIEDS
    (a) Help Wanted: Immigration Paralegal
    Downtown Washington, DC firm
    http://www.paulhaarlaw.com
    seeks mature and responsible senior business immigration
    paralegal with 4+ years experience in business immigration cases,
    including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and
    EB-2) and PERM.* Must be capable of independent work, including
    legal research, intensive client contact and drafting responses
    to complex RFEs and NOIDs.* Bilingual Spanish/English speaker
    preferred.* Must have bachelor's degree and excellent native-
    level English writing skills.* We are a boutique immigration firm
    with a fast-paced yet collegial atmosphere and no billable hours
    requirements.* Salary commensurate with experience.* Please email
    resume, references and writing sample to
    mailto:pschwartz@paulhaarlaw.com.* No calls please.
    (b) J-1 Visa Program
    Discover the ease and flexibility of the J-1 Trainee visa with
    AIESEC United States. For 50 years, AIESEC U.S.
    http://www.aiesecus.org
    has offered foreign nationals the opportunity to grow both
    personally and professionally by sponsoring exchange visitor
    traineeships. Enjoy unparalleled customer service, including in-
    depth guidance on J-1 Trainee visa regulations and the changes
    effective July 2007. We also offer logistical and cultural
    reception services in locations nationwide. Expect a 24-48 hr.
    application processing time. The J-1 Trainee visa can be used for
    individuals to participate in training programs in the following
    fields: information media and communications, education, social
    sciences, library science, counseling and social services,
    management, business, commerce and finance, the sciences,
    engineering, architecture, mathematics and industrial
    occupations, public administration, and law. Attorneys interested
    in learning more about AIESEC United States and the J-1 Trainee
    visa, please email Melany Hamner: mailto:melanyh@aiesecus.org.
    _________________________________________________________________
    6.* Headlines
    (a) It's Education, Not Immigration
    Access to college is key for a society to move forward. It is an
    investment in our youth, and in our state, which provides lower
    cost tuition to students who attend for several years - and then
    graduate from - California's high schools.
    (b) 2 Charged In Seattle With Gay Immigration Fraud
    *A federal grand jury has charged two people in an alleged
    *immigration fraud conspiracy, saying they advised straight
    *immigrants to claim homosexuality - and potential persecution in
    *their home countries - when they applied for political asylum.
    (c) GOP Needs A Rethink On Immigration
    A new GOP approach to immigration would also recognize that there
    are two components to the debate - immigration policy and
    immigrant policy, the first governing who and how many we take,
    the second how we treat people once they're here.
    (d) Senate To Tackle Immigration?
    A majority of state lawmakers who participated in an Associated
    Press pre-session survey say they favor policies that take a
    tougher stance against illegal immigration.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0108.shtm#Headlines
    _________________________________________________________________
    7.* ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
    newsletter in Immigration Daily, see here
    http://www.ilw.com/corporate/cross_promotions.shtm.
    (a) Honors And Awards - Chapel Hill, NC
    The North Carolina State Bar recently awarded Lisa R. Brenman
    certification as a Board Certified Immigration Law Specialist.
    She is one of 19 lawyers statewide to receive this distinction.
    Since 2000, Lisa Brenman has practiced immigration law
    exclusively concentrating in employment and family based matters.
    She is the owner of Brenman Immigration Law Firm in Chapel Hill,
    NC.* www.visas-us.com. 1-866-99-VISAS.
    _________________________________________________________________
    8.* LETTERS
    Readers are welcome to share their comments, email:
    mailto:editor@ilw.com* (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    Given the financial crisis, it seems to me that President Elect
    Barack Obama can sell the notion of comprehensive immigration
    reform to include regularization of undocumented workers by
    making clear that it is in our nation's interest to make it easy
    for such people to pay their taxes and contribute to decreasing
    our nation's deficit. If you consider the figures including the
    number of undocumented workers who earn taxable income who do not
    pay into the system because they believe they cannot or just do
    not, how much they earn and their tax rate, you're talking about
    billions of dollars. The government needs that money now and
    Obama should pitch the American people if necessary. This is a
    common sense approach not tied to ideology, which is how he has
    said he intends to approach problems.
    Alice Yardum-Hunter, Esq.
    (b) Dear Editor:
    I am getting ready to file an I 751," app.to remove conditions"
    for my wife,and I 'm wondering if the fingerprint requirements
    aren't a little extreme...To get to this point ,besides the three
    sets required before getting the visa to come to the U S, she has
    been fingerprinted again to get PR status at a Biometrics
    appointment. ON the I 751, it asks for 2 -FD 258 Fingerprint
    cards,(and where do we get them ?)filled in by a US Embassy or US
    Consulate official, after which she will get another appointment
    to go to another Biometrics appointment,for fingerprinting.. Does
    the DHS really need all these duplicate fingerprints,or is there
    too much duplication asked for in error?...I can not get the
    answer to this question from the Immigration people, without
    making an appointment, and travel 40 miles to their office,taking
    up valuable time and expense to do something that could be taken
    care of on the phone in 10 minutes. Maybe someone could tell me a
    phone* number to a source of free information to the answer I'm
    looking for.
    Bob Warren, Esq.
    (c) Dear Editor:
    Regarding Sergi Sheplov's letter of January 7, 2009, the Hawaii
    Certificate of Live Birth (COLB) is only prima facie evidence of
    a birth event and also the product of lax Hawaiian law of the
    time.* Many concerned Americans have placed into the public
    domain sufficient* evidence to rebut the COLB's prima facie
    presumption.* Now it is time* that Obama come forward with his
    evidence.* Why is it arrogance to ask Obama to prove who he is?
    Apart from all the arguments as to what a "natural born Citizen"
    means, Obama has to at a minimum prove he is a citizen. Whether
    or not he is a "natural born Citizen" once he proves he* was born
    in Hawaii is another issue. Mr. Sheplov's letter is correct,
    despite his letter's contempt for those who do their job to keep
    our nation safe from attack,* that there are "suspicious minds"
    when it comes to people's identify.* I* guess the adage that
    people have short memories is true.* How fast we* forget 9-11 and
    all the other threats that our nation faces every second* of the
    day. Finally, Mr. Sheplov's letter states that he does not know
    what a* "natural born Citizen" is.* First, we have to keep in
    mind that the* Constitution uses the term only in Article II and
    it applies only to the* office of President.* I submit that it
    means a child born on U.S. soil* (or its equivalent) to two U.S.
    citizen parents (either citizens by* birth or naturalized).
    Luckily, our U.S. Supreme Court would do not have* to deal with
    Mr. Sheplov's test tube baby, for Obama has not maintained* that
    he was born in such a manner.
    Mario Apuzzo, Esq. Jamesburg, NJ
    (d) Dear Editor:
    Responding to Mario Apuzzo's letter (1/6/09 ID), don't you the
    think vast majority of Americans simply don't care whether the
    President-elect was born in Hawaii, Kenya or on the moon, for
    that matter ? As long as he does his job as expected by the
    residents of this country, his place of birth seems completely
    immaterial.
    AJO
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
    colleague!
    Publisher: Sam Udani** Legal Editor: Michele Kim** ISSN:1930-062X
    An Important disclaimer! The information provided on this page is
    not legal advice. Transmission of this information is not
    intended to create, and receipt by you does not constitute, an
    attorney-client relationship. Readers must not act upon any
    information without first seeking advice from a qualified
    attorney. Copyright 1999-2008 American Immigration LLC, ILW.COM.
    Send correspondence and articles to editor@ilw.com. Letters and
    articles may be edited and may be published and otherwise used in
    any medium. The views expressed in letters and articles do not
    necessarily represent the views of ILW.COM.
    _________________________________________________________________
    ILW.COM - The immigration portal
    From the leading immigration law publisher
    Over 25000 pages of free information!
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    Resources - http://www.ilw.com/resources/
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  2. Jan 7 - Erratum

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 7, 2009
    Items:
    1.* Comment: Erratum
    2.* Focus: Relief From Removal: A Definitive Manual For Winning
    *** Cases
    3.* Articles:
    *** (a) Dispelling The Divisive Myths Of Comprehensive
    *** Immigration Reform by Robert Gittelson
    *** (b) 19 Tough Questions To Ask A Marketing Consultant Before
    *** You Write A Check by Trey Ryder
    *** (c) Nitya Vidyasagar, and T.V. Raman by Greg Siskind
    4.* News:
    *** (a) USCIS Releases Supplemental Religious Worker QAs
    5.* Classifieds:
    *** (a) Help Wanted: Immigration Paralegal
    *** (b) Credential Evaluation
    *** (c) Website Services
    6.* Headlines:
    *** (a) Immigration Reform Rests With Congress
    *** (b) ICE Insider Seeks Pardon For Ramos And Compean
    *** (c) Bill O'Reilly Plays The Fox Fear Factor Card And Again
    *** Lies About A NY Times Editorial
    *** (d) Friendship Park's Intended Purpose Is Lost In Fog Of
    *** Border War
    7.* ComingsNGoings:
    *** (a) Of Counsel
    8.* Letters From:
    *** (a) Oscar Jaeger, Esq.
    *** (b) Leslie Davis
    *** (c) Sergi Sheplov
    http://www.ilw.com/immigdaily/digest/2009,0107.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
    Erratum
    Immigration Daily's January 6, 2009 email link was incorrect. The
    link has been corrected and is now available. We regret the
    production error.
    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) Dispelling The Divisive Myths Of Comprehensive Immigration
    Reform
    Robert Gittelson writes "Due to the unprecedented nature of the
    national financial crisis that has emerged so prominently over
    the past week or so, I feel that it is timely to discuss one
    specific myth that I discuss in my article, and that is the myth
    that illegal or undocumented immigrants cost our country more in
    social services then they contribute to our tax base."
    http://www.ilw.com/articles/2009,0107-gittelson.shtm
    http://www.ilw.com/articles/2009,0107-gittelson.shtm#bio
    (b) 19 Tough Questions To Ask A Marketing Consultant Before You
    Write A Check
    Trey Ryder offers tips when interviewing a marketing
    professional.
    http://www.ilw.com/articles/2009,0107-ryder.shtm
    http://www.treyryder.com/
    (c) Nitya Vidyasagar, and T.V. Raman
    Greg Siskind honors immigrants of the week.
    http://www.ilw.com/articles/2009,0107-siskind.shtm
    http://blogs.ilw.com/gregsiskind/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.* NEWS
    (a) USCIS Releases Supplemental Religious Worker QAs
    USCIS issued supplemental questions and answers on the final
    religious worker rule effective November 26, 2008. This new
    release is in addition to the QAs that were issued on November
    25, 2008.
    http://www.ilw.com/immigdaily/news/2009,0107-religious.shtm
    _________________________________________________________________
    5.* CLASSIFIEDS
    (a) Help Wanted: Immigration Paralegal
    Downtown Washington, DC firm
    http://www.paulhaarlaw.com
    seeks mature and responsible senior business immigration
    paralegal with 4+ years experience in business immigration cases,
    including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and
    EB-2) and PERM.* Must be capable of independent work, including
    legal research, intensive client contact and drafting responses
    to complex RFEs and NOIDs.* Bilingual Spanish/English speaker
    preferred.* Must have bachelor's degree and excellent native-
    level English writing skills.* We are a boutique immigration firm
    with a fast-paced yet collegial atmosphere and no billable hours
    requirements.* Salary commensurate with experience.* Please email
    resume, references and writing sample to
    mailto:pschwartz@paulhaarlaw.com.* No calls please.
    (b) Credential Evaluation
    Do not order a foreign credential evaluation until you read this.
    http://www.thedegreepeople.com
    Career Consulting International offers credential evaluation of
    your non-US degree. Fast service at low prices. Mention Immigration
    Daily to receive 3-day rush service at no extra cost (reg. price $70,
    rush service $70 = savings of $70). H1B and I-140 specialists.
    Evaluations of 4 year degrees (72hr. rush service) only $70.00.
    Also 3 year degrees combined with PGD, second degrees, or work
    experience. Pay online. Toll-free fax/phone numbers. Our clients
    say it better than we do: "I don't know what to say but you
    changed my life. In a place that others failed you came and with
    your evaluation... I just got approved to my I-140." "I'd like to
    thank you for your services in evaluating my educational
    documents. You helped me in a difficult situation and through
    extensive research you were able to get results that other,
    "bigger" agencies were unable to achieve".
    http://www.thedegreepeople.com/testimonials.html
    to see more testimonials. Free consultation. Call today toll free:
    1.800.771.4723
    (c) Website Services
    Gain the competitive edge with your new website from INSZoom, the
    world's largest immigration software company. Choose from a range
    of template websites, complete with customized logos and images,
    60-70 pps. of professionally written immigration law content
    including news articles, processing dates, and priority times
    posted directly on your site. Our search engine optimization
    tools will increase your web traffic and prioritize your site in
    the major search engines. Our content management tool lets you
    update your site in real time. Customized intake sheets let you
    integrate your case management software directly into your site.
    Biweekly newsletters and email blast tools enable you to stay in
    constant touch with current clients and strengthen your potential
    client base. Build leads and maintain a professional presence at
    a reasonable cost with websites from INSZoom. Learn more online
    at http://www.inszoom.com/websites
    or contact a sales representative at (925) 244-0600 to start the
    process of launching your new website today.
    _________________________________________________________________
    6.* Headlines
    (a) Immigration Reform Rests With Congress
    New Jersey has to tread lightly when it comes to efforts to
    compensate for our country's failed immigration policies.
    (b) ICE Insider Seeks Pardon For Ramos And Compean
    A candidate for assistant secretary of Immigration and Customs
    Enforcement urged President Bush in an open letter to pardon ex-
    Border Patrol agents Ignacio Ramos and Jose Compean.
    (c) Bill O'Reilly Plays The Fox Fear Factor Card And Again Lies
    About A NY Times Editorial
    Bill lurched straight into Nativist paranoia land when he claimed
    that the "far left goal is to create a new America where workers,
    many of them foreign-born, control the voting process.
    (d) Friendship Park's Intended Purpose Is Lost In Fog Of Border
    War
    What will stop illegal immigration is a mega-construction project
    of justice on the Latin American side of the border, the sudden
    leveling of mountains of inequality.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0107.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) Of Counsel
    Reina & Bates Immigration Law Group is pleased to announce that
    Elisabeth S. Brodyaga has become of counsel to the firm. Ms.
    Brodyaga is Board Certified in Immigration Law and Nationality
    law, Texas Board of Legal Specialization. www.reinalaw.com.
    _________________________________________________________________
    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 the latest in my much-acclaimed series of letters to Mr.
    Donald Neufeld, Acting Associate Director of USCIS Domestic
    Operations, I complained about the most recent USCIS blunder that
    it has been my "pleasure" to encounter. Personnel at the Chicago
    Lockbox rejected my client's I-765 because I had inadvertently
    filed an outdated version of this Form. I sent them a new I-765
    on the current version of the Form and wrote the following in my
    cover letter: "The basis of your request that I submit a new
    application is that the old one is outdated. The only difference
    between the old one that I filed initially and the current one is
    that the old one has 16 numbered items to complete while the
    current one adds an item numbered 17. In its own terms, item 17
    needs to be completed "If you [the applicant] entered the
    Eligibility Category, c(3)(C), in item 16 above." Since my client
    entered (c)(9) in item 16 in the initial application, just as he
    entered (c)(9) in the current application, item 17 does not apply
    to him. Had he filed the current form initially, he would have
    correctly left item 17 blank. In rejecting his initial
    application in these circumstances, you have taken an action that
    is not just an abstract defiance of common sense, but one with
    real-world adverse consequences: the creation of an unnecessary
    delay in the processing of my client's case. Your action has
    gained you not an iota of added information ..." In my letter to
    Mr. Neufeld I wrote: "... Nevertheless, and perhaps precisely
    because it is the garden variety of error that I encounter in so
    many cases I file with USCIS, I wish to bring it to your
    attention."
    Oscar Jaeger, Esq.* Brooklyn, NY
    (b) Dear Editor:
    The link to your 1/6 newsletter is not working. It doesn't even
    work if you paste the link into the browser.* Must be a glitch
    today.
    Leslie Davis* Long Beach, CA
    Editor's note: Thanks for pointing out our error. The link has
    been corrected.
    (c) Dear Editor:
    Regarding Mario Appuzo's ltr 1/06/09, Obama has presented his
    Certification of Live Birth (COLB) has proof that he was born in
    Hawaii. That is all that is required. He has the proper documents
    case closed. Its interesting how Obama is faced with the same
    dilemma many families within a stone throw of the southern border
    are faced with, conspiracy theorists. Many families with children
    born near the border later face tremendous burdens in "proving
    citizenship" despite documentation and often cannot obtain
    passports because "suspicious minds" at the State Department are
    working overtime. Even families like Obama's where the parent is
    a US Citizen and regardless of location of birth face questions
    and hassles. I think its an arrogant attitude prevailing when
    someone says "Obama has the burden to come forward with competent
    evidence to prove that he was born in Hawaii. " Unfortunately
    some of our State Department personnell have the same backward
    and incorrect assumption when they deny Citizens with birth
    certificates a Passport. Its the burden of the government to
    prove a "crime" not the citizens burden to prove innocence.
    Thats why this Immigration Haters attitude is so scarey. If we
    give pencil pushers at DHS, Justice and State the freedom to
    incarcerate and strip a citizen of his birthright which are the
    rights to due process we create a nightmare. Think it through, E-
    Verify has what a 3-5% error rate? So stripping 3-5% of the US
    citizens who are kicked back erroneously of thier constitutional
    liberty and flagging them as "live bait" for ICE "Enforcement
    Only" action. Now that agencies are sharing information its a
    matter of time before more* US Citizens are netted, detained and
    held until they* "prove citizenship". We may never know what
    "natural born" is, perhaps our forefathers envisioned test tube
    babies, many were considered forward thinking.
    Sergi Sheplov
    _________________________________________________________________
    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.
    _________________________________________________________________
    ILW.COM - The immigration portal
    From the leading immigration law publisher
    Over 25000 pages of free information!
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    Home Page - http://www.ilw.com/

  3. Jan 6 - Drinking Milk

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 6, 2008
    Items:
    1.* Comment: Drinking Milk
    2.* Focus: Deadline Is Tuesday, January 6th For PERM Practice
    *** Problems
    3.* Articles:
    *** (a) Family Matters - Hot Issues In Family Immigration by
    *** Angie Junck, et al.
    *** (b) The New Electoral Landscape And What It Means For
    *** Immigration Reform by Angela Kelley for the Immigration
    *** Policy Center
    *** (c) Bloggings On PERM Labor Certification by Joel Stewart
    4.* News:
    *** (a) ICE Updates SEVP Approved Schools List
    5.* Classifieds:
    *** (a) Help Wanted: Immigration Paralegal
    *** (b) Case Management Technology
    6.* Headlines:
    *** (a) NJ May Consider Driving Privileges For Immigrants
    *** (b) Tap Jon Kyl For Immigration Reform
    *** (c) California Supreme Court To Take On State Law Granting
    *** In-State Tuition To Illegal Immigrants
    *** (d) Tancredo, Allard Ride Off Into Political Sunset
    7.* ComingsNGoings:
    *** (a) New Appointment - Englewood, NJ
    8.* Letters From:
    *** (a) Mario Apuzzo, Esq.
    http://www.ilw.com/immigdaily/digest/2008,0106.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
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    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
    Drinking Milk
    Dairy Herd Management reports "Migrant or foreign labor is a must
    for the dairy industry and other parts of agriculture, and a
    reduction in the workforce could cost consumers considerably,
    says David Anderson, AgriLife Extension economist in College
    Station, Texas." For the full story, see here.
    http://www.dairyherd.com/directories.asp?pgID=675&ed_id=7993
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.* FOCUS
    Deadline Is Tuesday, January 6th For PERM Practice Problems
    Tuesday, January 6th is the deadline to sign up for the January
    8th telephonic seminar session of PERM Practice Tips, the
    curriculum is as follows:*
    ++Attorney Representation in PERM Applications
    ++Dangers in Attestations
    ++Review of Notice Requirements
    ++Preparing and Retaining Record Files
    ++Substitution of Employers
    ++On-Line Registration of Employers
    ++Business Necessity for Job Level Four
    ++Gaining Experience on the Job
    ++Alien Influence and Control*
    ++Post Denial Options: Reconsideration or Appeal to BALCA*
    The deadline to sign up is Tuesday, January 8th.
    For more info, including speaker bios,
    detailed curriculum, and registration information, please see:
    http://www.ilw.com/seminars/november2008.shtm. Fax version:
    http://www.ilw.com/seminars/november2008.pdf.
    ________________________________________________________________
    3.* ARTICLES
    (a) Family Matters - Hot Issues In Family Immigration
    Angie Junck, et al. share the citations from this recently
    concluded seminar series.
    http://www.ilw.com/articles/2009,0106-citations.shtm
    http://www.ilw.com/seminars/august2008.shtm
    (b) The New Electoral Landscape And What It Means For Immigration
    Reform
    Angela Kelley for the Immigration Policy Center writes "The
    following report illustrates the growing electoral clout of
    Latinos, Asians, and New Americans; provides data on how and why
    they voted; and demonstrates that immigration was an issue that
    motivated them to the polls."
    http://www.ilw.com/articles/2009,0106-kelley.pdf
    http://www.immigrationpolicy.org/
    (c) Bloggings On PERM Labor Certification
    Joel Stewart shares the latest entries as of January 5, 2009 on
    his PERM Labor Certification blog.
    http://www.ilw.com/articles/2009,0106-stewart.shtm
    http://blogs.ilw.com/joelstewart
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.* NEWS
    (a) ICE Updates SEVP Approved Schools List
    ICE issued an updated list of SEVP approved schools as of
    December 28, 2008.
    http://www.ilw.com/immigdaily/news/2009,0106-SEVP.pdf
    _________________________________________________________________
    5.* CLASSIFIEDS
    (a) Help Wanted: Immigration Paralegal
    Downtown Washington, DC firm
    http://www.paulhaarlaw.com
    seeks mature and responsible senior business immigration
    paralegal with 4+ years experience in business immigration cases,
    including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and
    EB-2) and PERM.* Must be capable of independent work, including
    legal research, intensive client contact and drafting responses
    to complex RFEs and NOIDs.* Bilingual Spanish/English speaker
    preferred.* Must have bachelor's degree and excellent native-
    level English writing skills.* We are a boutique immigration firm
    with a fast-paced yet collegial atmosphere and no billable hours
    requirements.* Salary commensurate with experience.* Please email
    resume, references and writing sample to
    mailto:pschwartz@paulhaarlaw.com.* No calls please.
    (b) 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) NJ May Consider Driving Privileges For Immigrants
    A panel advising Governor Jon Corzine on immigrant issues is
    considering recommending the state allow undocumented immigrants
    "driver privilege cards" and in-state college tuition rates.
    (b) Tap Jon Kyl For Immigration Reform
    The economic downturn and impending changes in Homeland Security
    oversight may offer a unique opportunity to stem the tide.
    (c) California Supreme Court To Take On State Law Granting In-
    State Tuition To Illegal Immigrants
    California's highest court is poised to be the next battleground
    in the debate over benefits for illegal immigrants as the
    justices have agreed to hear arguments on the constitutionality
    of a state law allowing undocumented students to pay in-state
    tuition at public colleges and universities.
    (d) Tancredo, Allard Ride Off Into Political Sunset
    The way Tom Tancredo sees it, he got to live out a scene from his
    favorite movie.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2008,0106.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 - Englewood, NJ
    Englewood Mayor and partner at immigration law firm Wildes and
    Weinberg, PC Michael Wildes was recently appointed to New Jersey
    Governor Jon Corzine's Blue Ribbon Advisory Panel on Immigrant
    Policy. The governor convened the panel to research how best to
    address the immigration concerns of the Garden State.
    _________________________________________________________________
    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:
    Responding to Roger Algase, Esq.'s 12/31/08 letter, I don't
    understand how Mr. Algase's letter interprets my criticism of Mr.
    Murray's letter being "self-righteous" as one that his letter
    does not "respect" my argument. Obama has presented his
    Certification of Live Birth (COLB) has proof that he was born in
    Hawaii. That document itself states that it's only "prima facie"
    evidence of that fact. As we have seen under the definition of
    "prima facie," the presumption that the fact exists fails when
    evidence* contradicting that fact is presented. Obama has the
    burden to come forward with competent* evidence to prove that he
    was born in Hawaii. To date, he has failed to* come forward with
    that evidence. Moreover, many concerned Americans have provided
    the public domain with evidence* which contradicts the COLB's
    statement that Obama was born in Hawaii.* They have presented the
    following: the existence of the lax Hawaiian law* that existed at
    the time Obama was born which allowed parents to* register their
    foreign born babies in Hawaii; Obama's grandmother's* statement
    that her grandson was born in Kenya and that she was present
    during that birth; the Kenya Ambassador to the US, Peter* N.R.O.
    Ogego, confirmed on November 6, 2008 during a radio interview* on
    WRIF's "Mike In the Morning," that "President-Elect Obama"* was
    born in Kenya and that his birth place was already a "well-known"
    attraction; the conflicting statements of Obama and his sister
    concerning in which Hawaiian hospital he was born; the failure of
    any* Hawaiian hospital to confirm that Obama and/or his mother
    were present* in any such hospital at the time of Obama's alleged
    birth in Honolulu. How can the American people in good faith
    conclude that Obama was born in Hawaii which makes him a "natural
    born Citizen" and therefore eligible to be President?
    Mario Apuzzo, Esq. Jamesburg, NJ
    _________________________________________________________________
    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.
    _________________________________________________________________
    ILW.COM - The immigration portal
    From the leading immigration law publisher
    Over 25000 pages of free information!
    http://www.ilw.com/
    Immigration Daily - http://www.ilw.com/immigdaily/
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  4. Jan 5 - Happy New Year

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 5, 2009
    Items:
    1.  Comment: Happy New Year
    2.  Focus: PERM For Beginners
    3.  Articles:
        (a) Seeing Green In US Immigration Policy by Cyrus D. Mehta
        (b) Immigrants Of The Day: Fernando Espuelas of Uruguay,
        Rumeal Robinson of Jamaica, and Arjinderpal Singh Sekhon of
        India by Kevin R. Johnson
        (c) Bloggings on Dysfunctional Government by Angelo Paparelli
    4.  News:
        (a) Presidential Determination On Humanitarian Funding To
        Congolese Refugees
        (b) Data Privacy Committee Shares Recommendations On Employer
        Verification In E-Verify Program
    5.  Classifieds:
        (a) EB-5 Business For Sale
        (b) Immigration Law Certificate
    6.  Headlines:
        (a) Employer Enters Agreement on Immigration Compliance
        (b) Sessions Scheduled On State's New Immigration Law
        (c) Immigration Law Makes Deportations Easy - But Life Hard
        (d) Local, National News Intertwine
    7.  ComingsNGoings:
        (a) Appointment - Austin, TX
    8.  Letters From:
        (a) Roger Algase, Esq.
        (b) David D. Murray, Esq.
        (c) John Henderson
    http://www.ilw.com/immigdaily/digest/2009,0105.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
    Happy New Year
    Immigration Daily wishes you a joyous New Year.
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    PERM For Beginners
    ILW.COM is pleased to announce a new 3-part telephone seminar
    series "PERM For Beginners" with discussion leader Sofia Zneimer
    and speaker Ellen Freeman, with other speakers to be announced.
    The curriculum is as follows:
    FIRST Phone Session on January 21: Understanding the PERM Process
    ++ Statutory background and agencies involved
    ++ Who is the client and payment of fees
    ++ Purpose of the PERM  process - willing, able, qualified, and
    available
    ++ Timing of the process - counting the days and periods
    ++ Considerations - alien ownership and control, ability to pay,
    layoffs, internal and external consistency, job zones, SVP,
    combination of duties, educational requirements, restrictive
    requirements, job requirements for current status of alien,
    internal and external consistency
    ++ SVP, Job Zones, and what is normal
    ++ Business necessity issues
    ++ Job description and minimal requirements
    ++ Filing options for form ETA 9089
    ++ Document Retention requirements
    SECOND Phone Session on February 18: Preparation of the PERM
    Application
    ++ Employer registration and attorney sub-account
    ++ Prevailing Wage
    ++ Recruitment Plan
    ++ Job Order
    ++ Mandatory Printed Ads - elements, placement, considerations
    ++ Additional steps for professional jobs - what is a professional
    job anyway?
    ++ Recruitment Report - elements and considerations
    ++ Qualified US workers
    ++ Audit preparedness
    ++ Discussion of best practices to manage the process
    ++ Schedule A and Special Handling
    THIRD Phone Session on March 18: PERM Sticky Issues
    ++ Prevailing Wage issues - private wage survey, wrong
    classification, wrong salary, and other wrongs
    ++ Notice issues
    ++ Roving employees and layoffs
    ++ Occupation, Job Zones, and SVP, and OES changes
    ++ Business Necessity and Normal Requirements - Magic Language
    ++ On the job training
    ++ Typos and other errors in submitted and approved labor
    certifications
    ++ Attorney-Client relationship in PERM applications
    ++ Attorney consideration of applicants - do's and don'ts
    ++ Reconsideration and Appeal
    ++ Summary of best practices   
    The deadline to sign up is Tuesday, January 20th. For more info,
    including speaker bios, detailed curriculum, and registration
    information, please see: http://www.ilw.com/seminars/200902.shtm.
    Fax version:  http://www.ilw.com/seminars/200902.pdf.
     _________________________________________________________________
    3.  ARTICLES
    (a) Seeing Green In US Immigration Policy
    Cyrus D. Mehta writes "Yet, it is time now to recognize that one
    of the ways for the U.S. to breakout from this economic meltdown
    is to be the world's greatest innovator in green technology."
    http://www.ilw.com/articles/2009,0105-mehta.shtm
    http://www.cyrusmehta.com/
    (b) Immigrants Of The Day: Fernando Espuelas of Uruguay, Rumeal
    Robinson of Jamaica, and Arjinderpal Singh Sekhon of India
    Kevin R. Johnson recounts the stories of notable immigrants.
    http://www.ilw.com/articles/2009,0105-johnson.shtm
    http://lawprofessors.typepad.com/
    (c) Bloggings on Dysfunctional Government
    Angelo Paparelli writes "Tossing cynicism to the wind, I hereby
    offer a few New Year resolutions for immigration officials to
    consider adopting ..."
    http://www.ilw.com/articles/2009,0105-paparelli.shtm
    http://www.nationofimmigrators.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) Presidential Determination On Humanitarian Funding To
    Congolese Refugees
    President Bush authorized the funding of up to $6 million for the
    unexpected urgent humanitarian needs related to the Democratic
    Republic of Congo, Rwanda, and Uganda nationals.
    http://www.ilw.com/immigdaily/news/2009,0105-congo.shtm
    (b) Data Privacy Committee Shares Recommendations On Employer
    Verification In E-Verify Program
    The Data Privacy & Integrity Advisory Committee issued
    recommendations to the Secretary and the Chief Privacy Officer of
    the DHS on options for verifying the EIN or otherwise
    authenticating the employer in the E-Verify program.
    http://www.ilw.com/immigdaily/news/2009,0105-Everify.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) EB-5 Business For Sale
    US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing
    Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt
    or inventory included. To view pictures and an appraisal report,
    see here. http://eb5opportunity.com/
    To discuss further, contact Thomas Barnes at:
    mailto:barnestb@earthlink.net or call  434-955-0595 (after 10 am
    EST). All inquiries will be kept confidential.
    (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
    _________________________________________________________________
    6.  Headlines
    (a) Employer Enters Agreement on Immigration Compliance
    Republic Services, Inc., a Texas waste management and collection
    firm, has agreed to cooperate with the federal government in its
    ongoing criminal investigation of immigration violations at the
    company's Wilson Road facility in Houston.
    (b) Sessions Scheduled On State's New Immigration Law
    Steps to curb illegal immigration are among South Carolina's new
    laws going into effect Thursday.
    (c) Immigration Law Makes Deportations Easy - But Life Hard
    It has hit hard in the Cambodian-American community in Long Beach
    since 2002, when Cambodia began accepting deportees.
    (d) Local, National News Intertwine
    The immigration raid at Howard Industries made state and
    national headlines, while all of us in the Pine Belt were
    impacted by the struggling national economy and witnessed a
    historic Presidential election.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0105.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) Appointment - Austin, TX
    Thomas Esparza, Board Certified Immigration Specialist is please
    to announce his reappointment to the Austin Commission on
    Immigrant Affair. At the December meeting of this city commission
    he was elected vice chair.  The ACIA recently sponsored a seminar
    on Immigration Law and Crimes for all Travis County Magistrates.
    Thomas Esparza, Jr. Attorney at Law, 512-441-0062,
    tom@tomesparza.com.
    _________________________________________________________________
    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:
    Mario Apuzzo's latest letter (12/31/08 ID) criticizes David D
    Murray's letter (12/15/08 ID) for allegedly not showing respect
    for the argument that Barack Obama may not be a "natural born"
    citizen of the US. But in order to demand respect, one must have
    an argument worthy of respect. The argument that there is no
    proof that Barack Obama was born in the US is not worthy of
    respect. The President-elect has produced a Hawaiian birth
    certificate which no one has shown any reason to doubt. The last
    time I checked, Hawaii was just a much a state as Mr. Apuzzo's
    own presumed state of New Jersey. Moreover, Mr. Apuzzo's
    constitutional arguments are so vague and confused that it is
    hard to tell what they are, let alone accord them any respect.
    What is at issue here is not whether there is a distinction
    between a US citizen and a citizen by birth in the US, as Mr.
    Apuzzo's letter argues. Everybody agree that there is such a
    distinction. But scratching our heads over the status of citizens
    born outside the US is not relevant to Mr. Obama's case, because,
    Mr. Apuzzo's letters notwithstanding, President-elect Obama was
    indeed born right here in the US.  The real issue is whether
    there is a distinction between a citizen by birth in the US and a
    "natural born" US citizen. To argue that there is any such
    distinction is the height of absurdity. Is there a difference
    between the number of US citizens by birth and the number of
    "natural born" US citizens who can stand on the head of a pin?
    Perhaps a future letter from Mr. Apuzzo will provide an answer.
    Roger Algase, Esq.   New York, NY
    (b) Dear Editor:
    In response to Dave Chapman's letter (12/31/08 ID), I don't know
    where this information about politicians accepting bribes from
    India comes from, but I and every other immigration attorney who
    handle non-Indian H-1Bs can testify that without H-1Bs, many of
    their employer clients could not survive. The vast majority of
    H-1B visas are legitimate and are required by American employers.
    Until America trains more engineers and scientists, there will
    continue to be a shortage in these occupations, no matter how
    high unemployment rates go in the general employment population.
    Likewise as to nurses, which nobody will deny are in short
    supply, yet we can't get them what were formerly H-1A's.  Go
    figure.  These are just small examples of why America needs to
    immediately reform its legal immigration system, separate and
    apart from what is commonly referred to as "CIR". We all know the
    system is broken and we need to fix each break one at a time, not
    in a "comprehensive" package designed to appease all. Let's stop
    complaining about how terrible it is to have illegals, or that we
    should just let them in, because we need them and love them.
    Let's fix the present system first and concentrate on what to do
    with the illegals after we have a workable system that addresses
    employer's needs.  If we do it that way, I believe the plight of
    the millions of illegals will be resolved - perhaps not totally
    to the liking of those who view immigration as an emotional
    issue, but by pure and simple economics.  Let's see, pi squared
    equals one half the circumference of corporate jet, as reflected
    in fraudulent corporate balance sheet that provides a golden
    parachute . . . oh well, I give up! But this ain't rocket
    science.
    David D. Murray, Esq.  Newport Beach, CA
    (c) Dear Editor:
    ID carried an interesting news link article complaining about the
    treatment of Poles by CBP and ICE. The major contention of this
    piece was that Poland, as a close ally of the U.S. in the War on
    Terror, should have its citizens treated differently from
    citizens of those countries that do not support the War on
    Terror. Is it the Article's contention then that citizens of
    countries that oppose the War on Terror, like Mexico, be treated
    worse than citizens of those countries that support the War on
    Terror.  Since Mexico does nothing to support the War on Terror,
    refuses to send troops to either Iraq or Afghanistan, and refuses
    to increase its production of oil, should we discriminate against
    Mexican citizens?  So, therefore one supports discrimination
    based on nationality? Also, I always thought ID supported illegal
    immgration by Mexican citizens and that Mexican citizens were
    victims of American racism, but based on this news link article,
    ID seems to be supporting Poles over Mexicans. Interestingly the
    complaints of the Polish citizens, who are white, seems to show
    that American law is enforced evenhandedly against all
    nationalities.
    John Henderson
    _________________________________________________________________
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    _________________________________________________________________
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  5. Dec 31 - Pass It On


    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    December 31, 2008
    Items:
    1.  Comment: Pass It On
    2.  Focus: H-1B For Experts
    3.  Articles:
        (a) New To America by New2Usa
        (b) A Child Alone And Without Papers by Amy Thompson et al.
        for the Center For Public Policy Priorities
        (c) Immigrants Of The Week: Tariq Farid, Anna Friel, and Dani
        Rodrick by Greg Siskind
    4.  News:
        (a) DHS Announces Malta Joins Visa Waiver Program
    5.  Classifieds:
        (a) J-1 Visa Program
        (b) EB-5 Business For Sale
        (c) Case Management Technology
        (d) Credential Evaluation
    6.  Headlines:
        (a) Time To Build Trust On Immigration
        (b) Tactics Will Change, But Goals Of Immigration Reform
        Advocates Remain The Same
        (c) Conservatives Look To Flake To Rescue The Republican
        Party
        (d) President Bush Offers Advice To The GOP On Immigration
    7.  ComingsNGoings:
        (a) New Attorney
    8.  Letters From:
        (a) David D. Murray, Esq.
        (b) Mario Apuzzo, Esq.
        (c) Dave Chapman
        (d) Gladys C. Farris
        (e) Robert Gittelson
        (f) Robert Yang
    http://www.ilw.com/immigdaily/digest/2008,1231.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
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    Immigration Law Seminars: http://www.ilw.com/seminars/
    Immigration Law Workshops: http://www.ilw.com/workshops/
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    To Get Clients: http://www.ilw.com/directory/about.shtm
    Advertise: http://www.ilw.com/corporate/advertise.shtm
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    _________________________________________________________________
    1.  COMMENT
    Pass It On
    If you find Immigration Daily a valuable resource, won't you
    please share it with your friends and colleagues? We thank you
    for it and they will too. To begin receiving your email version
    of Immigration Daily, simply submit your email address in the
    text box on our homepage.
    http://www.ilw.com
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    H-1B For Experts
    ILW.COM is pleased to announce a new 3-part telephone seminar
    series "H-1B For Experts" with discussion leader Karen Weinstock.
    The curriculum is as follows:
    FIRST Phone Session on January 14:
    ++Strategic considerations when first considering an H-1B case;
    Should you even bother filing with the cap issues? 
    ++When can we use multiple filings to get two bites at the cap?
    ++Discussion of advanced cap exempt strategies (previously
    counted, employed AT a qualifying facility, higher education,
    affiliated with, government or non-profit research, physicians,
    concurrent employment).  
    ++New cutting edge occupations and  combination of occupations -
    will they qualify for H-1B?
    ++Consulting companies H-1B and issues surrounding them: who is
    really the employer? 
    ++Self-employment on H-1B?!
    ++Strategic considerations for existing H-1Bs changing jobs or
    employers
    ++Complex portability issues and change in job duties
    ++Strategic considerations beyond the H-1B towards green card
    options and why it is important to plan in advance and consider
    both
    SECOND Phone Session on February 11:
    ++Analyzing Labor Condition Application in detail 
    ++Confirming that the H-1B employer meets the LCA attestations
    (single employer, required wage, benefits, public access file,
    posting, no-benching, recruitment and non-displacement)  
    ++Actual vs. prevailing wage analysis 
    ++Prevailing wage issues: can anything be done when the company
    cannot pay the required wage? 
    ++What about deducting attorney fees from the required wage?
    ++Dependency issues that affect the dependent and non-dependent
    employer 
    ++What is a Public Access File and what documents are included in it?
    ++What additions in Public Access File are required for dependent
    employer?
    ++How to define exempt H-1B workers?
    ++Roving employees: definition of place of employment/worksite;
    30/60 day rule; recordkeeping and posting issues
    ++Documentary requirements in case of an audit.
    ++When does the company's requirement to pay end?
    ++Liquidated damages vs. penalty issues
    ++A current review of enforcement issues and DOL assessment of back
    wages and other penalties.
    THIRD Phone Session on March 4:
    ++Complex educational and work equivalency evaluations, degree
    mismatch issues
    ++Problematic Occupations: Marketing Analyst, IT consultants,
    specialty nurses, etc.
    ++Representing the H-1B employer in financial difficulty
    ++The impact of corporate reorganizations on H-1B statu
    ++How to deal with gaps in employment, including lay-offs, downsizing,
    leaves of absence, resignations?
    ++Overview of options from H-1Bs to green cards; What to do when EB-3
    visas are unavailable?
    ++Extending H-1B status beyond the normal six-year limit
    including new rules and new policy interpretations
    ++Maintaining H-1B status vs. AOS portability with an EAD
    ++Complex travel problems on H-1B and AOS
    The deadline to sign up is Wednesday, January 13th.
    For more info, including speaker bios, detailed
    curriculum, and registration information, please see:
    http://www.ilw.com/seminars/200901.shtm. Fax version:
    http://www.ilw.com/seminars/200901.pdf.
    _________________________________________________________________
    3.  ARTICLES
    (a) New To America
    New2Usa provides information to immigrants on issues commonly
    faced when adjusting to life in the US.
    http://www.ilw.com/articles/2008,1231-new2usa.shtm
    http://www.new2usa.com/
    (b) A Child Alone And Without Papers
    Amy Thompson et al. for the Center For Public Policy Priorities
    write "What really happens to the estimated 43,0001 unaccompanied
    undocumented children who are
    removed from the United States?"
    http://www.ilw.com/articles/2008,1231-thompson.pdf
    http://www.cppp.org
    (c) Immigrants Of The Week: Tariq Farid, Anna Friel, and Dani
    Rodrick
    Greg Siskind honors immigrants of the week.
    http://www.ilw.com/articles/2008,1231-siskind.shtm
    http://blogs.ilw.com/gregsiskind/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) DHS Announces Malta Joins Visa Waiver Program
    DHS published notice in the Federal Register that Malta has been
    added to the list of countries authorized to participate in the
    Visa Waiver Program, effective December 30, 2008.
    http://www.ilw.com/immigdaily/news/2008,1231-malta.shtm
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) 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.
    (b) EB-5 Business For Sale
    US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing
    Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt
    or inventory included. To view pictures and an appraisal report,
    see here. http://eb5opportunity.com/
    To discuss further, contact Thomas Barnes at:
    mailto:barnestb@earthlink.net or call  434-955-0595 (after 10 am
    EST). All inquiries will be kept confidential.
    (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
    database anywhere you have internet access. Client relationship
    management tools, practice management tools, group calendaring,
    emails, notes, reports, invoices, auto email alerts and
    reminders, document storage and assembly. A library of
    customizable questionnaires, letters and email templates
    included. Online access for clients to check case status
    included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
    services: credit card processing, Outlook & QuickBooks
    integration. One-time data entry and auto population into all
    documents will save you time and reduce errors. Customizable to
    support solo practitioners, mid-large law firms & corporations.
    We teach you how to customize the software to fit your processes
    and communication needs. Founded in 1999, INSZoom is a
    profitable, financially sound company, employing 100+ engineers,
    sales, and support staff. INSZoom is ISO 27001:2005 certified and
    the "world's largest immigration software company", built with
    flexible modules that allow you to manage and control technology.
    To schedule a complimentary online demo, call 925-244-0600 or
    email mailto:info@inszoom.com.
    (d) Credential Evaluation
    Do not order a foreign credential evaluation until you read this.
    http://www.thedegreepeople.com
    Career Consulting International offers credential evaluation of
    your non-US degree. Fast service at low prices. Mention Immigration
    Daily to receive 3-day rush service at no extra cost (reg. price $70,
    rush service $70 = savings of $70). H1B and I-140 specialists.
    Evaluations of 4 year degrees (72hr. rush service) only $70.00.
    Also 3 year degrees combined with PGD, second degrees, or work
    experience. Pay online. Toll-free fax/phone numbers. Our clients
    say it better than we do: "I don't know what to say but you
    changed my life. In a place that others failed you came and with
    your evaluation... I just got approved to my I-140." "I'd like to
    thank you for your services in evaluating my educational
    documents. You helped me in a difficult situation and through
    extensive research you were able to get results that other,
    "bigger" agencies were unable to achieve".
    http://www.thedegreepeople.com/testimonials.html
    to see more testimonials. Free consultation. Call today toll free:
    1.800.771.4723
    _________________________________________________________________
    6.  Headlines
    (a) Time To Build Trust On Immigration
    If Janet Napolitano had her way, the nominee to head Homeland
    Security would take a two-track approach to solving America's
    illegal immigration problem.
    (b) Tactics Will Change, But Goals Of Immigration Reform
    Advocates Remain The Same
    Rep. Lance Kinzer, the Olathe Republican who sponsored a
    comprehensive immigration reform bill that failed to make it
    through the 2008 Legislature, said lessons learned during that
    campaign will guide his latest effort to crack down on illegal
    immigration.
    (c) Conservatives Look To Flake To Rescue The Republican Party
    Jeff Flake is positioning himself as Arizona's Republican
    maverick for the future.
    (d) President Bush Offers Advice To The GOP On Immigration
    During a speech to the American Enterprise Institute, President
    Bush gave advice to the Republican Party: "Tone down the "anti"
    rhetoric in the immigration debate, which soured many Hispanics
    toward the GOP".
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2008,1231.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 Attorney
    Reina & Bates Immigration Law Group is pleased to announce that
    Robert D. Kershaw has joined the firm. Mr. Kershaw continues his
    H-2B/H-2A visa practice. www.reinalaw.com.
    _________________________________________________________________
    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 response to Jim Robert's letter (12/29/08 ID), I agree that
    focusing on the empathetic approach to illegal immigration serves
    no real purpose.  As a nation of laws, all present with our
    borders must respect the law, including illegal immigrants.  That
    they have flaunted the law for the more than twenty years since
    the Amnesty of 1986, continually asking, "When will the next
    Amnesty be?," should not be rewarded with a blanket Amnesty as in
    1986 and the answer should be, "Never, and don't flaunt our
    laws."  That being said, our laws, in the venacular of youth,
    "Suck." It is time to change them to adapt to the needs of US
    employers who need both temporary and permanent labor "to do the
    jobs American will not do".  As to California, mentioned in Mr.
    Roberts's letter, whose Gross Domestic Product is within the top
    six in the world, with no army to support, I, as a California
    resident for 38 years, can only say to the California
    legislature, shame, shame.  Shame for letting the budget get away
    from you for decades; but, as Mr. Robert's letter infers, don't
    blame illegal immigrants, blame wreckless and irresponsible
    spending, administration after administration, Republican and
    Democrat, with legislators ******* of the teat of the government
    to such excess as to be unfathomable.  It is time to stop
    wasteful porkbarrel governmental spending, pandering to lobbiests
    and their perks.  The financial crisis in which the world today
    finds itself is a monument to greed and incompetence. What can we
    expect now that goverments have been found impotent and corporate
    leaders found corrupt?  Is doomsday around the corner?  If so,
    the debate over immigration seems moot.  Happy New Year.
    David D. Murray, Esq. Newport Beach, CA
    (b) Dear Editor:
    Regarding David D. Murray, Esq.'s (12/15/08) response to my
    (12/11/08 ID) letter concerning what is a "natural born Citizen,"
    I was shocked that a member of a bar would comment on another
    attorney's opinion in such a self-righteous manner. I have simply
    expressed my personal opinion and raised questions but his letter
    seems to have the definitive answers on such a complex subject
    which has never been addressed by our U.S. Supreme Court. For
    example, why did the Framers write in Article II: "No person
    except a natural born Citizen, or a Citizen of the United States,
    at the time of the Adoption of this Constitution shall be
    eligible to the Office of President ..." Why are there two types
    of citizens in this clause: "natural born Citizens" and "Citizens
    . . . at the time of the Adoption of this Constitution." Who are
    the Founders placed in this latter group and why they deemed it
    necessary to distinguish between the two types. Further, I would
    like an explanation why so many of the same Founding Fathers in
    the  Naturalization Act of 1790 (1 Stat.103,104) said: "And the
    children of citizens of the United States that may be born beyond
    the sea, or out of the limits of the United States, shall be
    considered as natural born citizens." But then in 1795 amended
    that Act by removing the words "natural born" from the term
    "natural born citizen" and just leaving it "citizens." I realize
    this is not the proper forum for such complex legal arguments. I
    also note that Mr. Murray's letter avoids the other main issue:
    has Obama provided the American people with credible and
    sufficient proof that he was born on U.S. soil?
    Mario Apuzzo, Esq.  Jamesburg, NJ
    (c) Dear Editor:
    ID is correct in saying that there is a large amount of hostility
    towards H1-B (12/29/08 ID comment). This program is the largest
    immigration fraud in American history, and the voters have
    figured out that the purpose of the H1-B visa program is to
    prvent their children from living in the middle class by
    importing cheap foreign workers to take all of the good jobs. Any
    politician who accepts money from the Indian government's front
    groups in exchange for supporting H1-B is guilty of treason. Yes,
    there's a lot of hostility out here.
    Dave Chapman
    (d) Dear Editor:
    Now we shall see how the Democrats in both Houses will work to
    make Immigration accessible to those that needs it (12/29/08 ID
    comment). The Dream Act is absolutely a good bill however, those
    immigrant without status should get some benefit if they have
    integrated in the mainline paying their taxes in all respect and
    complying with what each of us want to be free.  In the next 100
    days something should happen if it will.
    Gladys C. Farris
    (e) Dear Editor:
    In response to the fact that Restrictionists have recently
    decided to play the "unemployment card," in a last ditch effort
    to postpone the inevitable, (CIR), I would like to point out
    fundamental facts that the Restrictionists would have us
    overlook. Every business that I know has downsized to their bare
    minimum to ride out this storm. They have kept only their most
    experienced, cost effective, and productive workforce. Most of
    the jobs in our country are created by small to medium sized
    businesses, and in a down economy, most jobs are lost in these
    sectors as well. It is not coincidental that most undocumented
    immigrants work in these sectors. Unemployment is higher among
    the undocumented then the documented, but still, several million
    undocumented are still employed in these sectors. Restrictionists
    now advocate that we fire and/or deport all of these people, and
    give these jobs to unemployed legal workers, and I can understand
    the underlying yet overly simplistic logic inherent in that
    emotional decision. Unfortunately, they are suggesting that we
    force our most important business sectors to lose millions of
    their experienced and productive workers, arguably the "last
    ditch" lifeblood of their struggling businesses, and instead hire
    millions of trainees. It usually takes at least 6 months of
    training to bring an employee up to speed, (and that assumes that
    the new employee works out - a huge assumption). The
    Restrictionists are advocating that we do this at the worst
    possible time, just as these companies are fighting for their
    lives, and are barely keeping their heads at the waterline, much
    less above it. Simple solutions sound good because they're easy
    to understand. Unfortunately, in this economy, we need advanced
    solutions, not simple ones. We need far reaching solutions, not
    archaic ones. We need informed solutions, not misguided or
    misinformed ones.
    Robert Gittelson
    (f) Dear Editor:
    Mr. Guzzardi's Article (12/30/08 ID) may predict there will be no
    "amnesty" in 2009, but ones may also say there will and should be
    immigration amnesty again in 2009 because it's a common sense
    thing to do. Legalize the illegals so they can pay taxes and
    contribute to they system and make them as full member of our
    society. I am really sad and regret that there are still many
    fellow Americans feel the sense of entitlements just because
    they're holding US passports in the competitive and globalized
    world economy not because they deserve and earn them by merits
    and working harder and smarter. Be it in the past or present,
    restrictionists and nativists are the same loser folks who reject
    the reality of life that they must compete with others and win it
    by merits. When we celebrate Christmas and Thanksgiving, we must
    thank God that the natives at that time didn't have selfish and
    racist "immigration laws" as we have today otherwise they would
    handcuffed Joseph, Mary, baby Jesus or Israelis' patriarch Jacob
    and deported them as "illegal immigrants", or the Native American
    Indians would deport the Pilgrims and all white European
    colonialists as invaders and unwelcomed illegal immigrants as
    well.
    Robert Yang
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
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