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  1. Dec 17 - Santa Arrives Late

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    December 17, 2008
    Items:
    1.  Comment: Santa Arrives Late
    2.  Focus: THE PERM BOOK, 2008-2009 Edition, Shipping Now
    3.  Articles:
        (a) Moderation And Immigration Reform by Harry DeMell
        (b) Law Library Of Congress Global Legal Monitor: Immigration
        And Nationality Law by Rubens Medina, Law Librarian of
        Congress
        (c) Immigrants Of The Week: Eric Ripert, Frank Oz, and Hugh
        Laurie by Greg Siskind
    4.  News:
        (a) Congress Passes Trafficking Victims Protection Act, HR
        7311
        (b) DOS Presidential Permit On Otay Mesa East Border
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorneys
        (b) J-1 Visa Program
        (c) Credential Evaluation And Translation
    6.  Headlines:
        (a) Democrats Risk Losing Hispanics
        (b) Tomorrow's Opinions Today - A Patchwork Approach To
        Immigration
        (c) Former MO Lawmaker To Halfway House
        (d) Progress At Homeland
    7.  ComingsNGoings:
        (a) New Associate - Houston, TX
    8.  Letters From:
        (a) Honza Prchal, Esq.
        (b) Gladys C. Farris
    http://www.ilw.com/immigdaily/digest/2008,1217.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
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    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
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    _________________________________________________________________
    1.  COMMENT
    Santa Arrives Late
    A recession coupled with scandal after scandal leading the front
    page news leaves many feeling glum during this holiday season.
    There may be relief just around the corner, here's why. We
    believe that immigration advocates on the Hill are feverishly
    working on several variations around the CIR theme. Bills
    expected to be introduced early in the 111th session of Congress
    include: DREAM, 245(i) with an August 2001 cut-off (this was the
    bill before the House on 9/11/01), healthcare immigration relief,
    re-authorization of the EB-5 program, religious workers, and E-
    Verify. So far, so good, you say? Not so fast. One looming
    obstacle appears to stand in the way of the immigration benefits
    wishlist. Anti-immigrationists argue that immigration should not
    be increased during a period of high unemployment. The anti-
    immigrationists are partly correct and for this reason, we
    suspect that guest worker programs of any kind will not be passed
    because Congress does not want to encourage new immigration
    competing with the labor pool during a severe recession. However,
    the immigration benefits being considered above will not take
    away jobs but instead will strengthen labor and the economy. We
    expect that there is a 50-50 chance that some immigration
    benefits will be enacted as soon as February 2009 perhaps even as
    part of the economic stimulus package. Stay tuned.
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    THE PERM BOOK, 2008-2009 Edition, Shipping Now
    ILW.COM is pleased to announce THE PERM BOOK, 2008-2009 Edition
    is shipping now. The book outline is as follows:
    PART I. PERM RULE, ANALYSIS, AND COMMENTS
    A. PERM Regulation
    B. Articles by PERM Writers
    ++656.1 Preparing PERM for 2nd and 3rd Preference  by David
    Nachman and Ludmila Zimovcak
    ++656.3 SVP: Discrepancies between the O*Net and the DOT by
    Lori S. Melton
    ++656.3 The Method By Which the Bureau of Labor Statistics
    Converted  the DOT Occupations into the OES Occupational Units
    or "Here's  Another Nice Mess You've Got Us Into  by Barbara
    Brandes
    ++656.10(a)-(c) The Basics of Labor Certification Under PERM :
    What  You Need to Know Before You Start  by Jeffrey Devore
    ++656.10(b) Rights and Obligations of Attorney and Agents Under
    PERM by Nancy-Jo Merritt
    ++656.10(c) Dangers in the Attestation Process  by Ramon Carrion
    ++656.10(c) (10) What is "Permanent" and "Full-Time" Employment
    by Timothy Spridgeon
    ++656.10(d), (e) Deconstructing PERM Notice Requirements by
    Susan J. Cohen
    ++656.10(f) Preparation of PERM Recruitment Report and Supporting
    Documentation  by Carl Shusterman and Alison Walters
    ++656.11 Is Employer "Substitution" Under PERM Dead? by Christian
    Allen
    ++656.12 Prohibition on Payment of Attorney's Fees by Paull
    Hejinian
    ++656.15(a)-(c) Step-by-Step for Schedule-A Applications by
    Sherry Neal
    ++656.15(d) Aliens of Exceptional Ability in the Performing Arts
    by Howard Kushner
    ++656.17(a)-(d) Filing, Withdrawing, Refiling, and Tracking PERM
    Cases by Katherine Lopez Ley and Davis Bae
    ++656.17(e)(1)(B)(1)(4) Professional and Trade Journals Under
    PERM by Nathan Waxman
    ++656.17(e)(1)(I) Regular Recruitment by Nancy-Jo Merritt
    ++656.17(e)(ii) PERM Labor Certification Professional Recruitment
    Steps by Edwin R. Rubin
    ++656.17(e)(l) (ii)(A) Note on Online Job Fairs by David Nachman
    ++656.17(g)(1) Regarding Recruitment Reports by Leon Wildes and
    David Lazaar
    ++656.17(g)(2) Ethics: What Do you Do When A Qualified US  Worker
    Applies?  by Blake Chisam
    ++656.17(h)(1) Business Necessity: "Necessary Arguments" by Sofia
    Zneimer
    ++656.17(h)(3) Combination of Occupations under PERM by Nathan
    Waxman
    ++656.17(h)(4)(ii) The Impact of PERM On Experience Gained on the
    Job and Alternative Experience  by Nathan A. Waxman
    ++656.17(h) Requiring a Foreign Language under PERM by Cyrus D.
    Mehta
    ++656.17(i) Nuts & Bolts: Actual Minimum Requirements &
    Experience Gained on the Job  by Rohit Turkhud
    ++656.17(i)(3) In-Job Experience: Why we Need it and How We Can
    Still Get it  by Gary Endelman
    ++656.17(k) How Do Layoffs Affect PERM? by Margaret McCormick
    and Patricia Luna
    ++656.17(l) As If You Owned the Place Alien Influence and
    Control  Over the Labor Certification Process  by Robert E. Banta
    and Benjamin M. Lowe
    ++656.18 College and University Professors: A Hybrid Between
    Special Handling and PERM  by Victoria Donoghue
    ++656.19 Domestic Workers: At Home and on the Range by Susan L.
    Brady
    ++656.20 How PERM Cases are Selected for Audit by Christina B.
    LaBrie
    ++656.20(c) Requesting Extensions of Time to Respond to Audit
    Requests  by Jonathan Amdur and Susan Anderson
    ++656.24 The Who What When Where of Labor Certification
    Determination by Rebecca Sigmund
    ++656.24(b)(2)(i) What You Do After the Ads Have Been Run?
    Resumes, Interviews, and Results  by Edwin R. Litwin
    ++656.26 Appeals/Requests For Review Under PERM by Joan Mathieu
    ++656.27 Preparing Requests for Review with BALCA by Mitchell L.
    Wexler and J. Ira Burkemper
    ++656.30-31 Fraud, Misrepresentation, Validity, Invalidation
    and Revocation   by Richard Tasoff
    ++656.32 Revocation of Labor Certification by Michael Piston
    ++656.40-41 Prevailing Wage Determinations Under PERM by Lawrence
    Rudnick
    C. Editor's Comments to the PERM Rule
    PART II. FAQ, STAKEHOLDER & LIAISON MEMORANDA
    A. Frequently Asked Questions (FAQ) by Lawrence Rudnick
    B. Summary of DOL PERM Stakeholders Meetings by Lorna Rogers
    Burgess
    C. Frequently Asked Questions
    PART III. ETA FORMS, OLD AND NEW
    A. The New 9089 PERM Form by Linda Rose
    B. What DOL told OMB about PERM by Jay Solomon
    C. New ETA Form 9089 and Instructions,Application for Permanent
    Employment Certification
    D. Old ETA Form 9089, Application for Permanent Employment
    Certification
    E. Old ETA Form 9089, Instructions
    F. Old ETA Form 9089 Electronic Filing Instructions
    G. ETA Form 750A
    H. ETA Form 750B
    I. ETA Form 750 A and B, Instructions
    J. ETA Form 9127, Foreign Labor Certification (FLC) Quarterly
    Activity Report
    PART IV. ROADMAPS AND CHECKLISTS
    A. Overview of PERM Cases
    B. Overall PERM Flow Chart
    C. Employer Checklist
    D. Alien Checklist
    E. Job Offer Checklist
    F. Attorney/Agent Checklist
    G. Prevailing Wage Preparation Checklist
    H. Prevailing Wage Quick Guide
    I. Recruitment Checklist
    J. Express SVP Checklist
    K. PERM Audit Checklist: 10 Important Points
    L. Real and Virtual PERM Addresses
    M. What do PERM and H-1B Visas Have in Common?
    N. Attorney Competency Self-Test
    O. Sample PERM Cases
    ++Job Zone Five, IT Director
    ++Job Zone Five, Economist
    ++Job Zone Four, Consultant, Foreign Law
    ++Job Zone Four, Accounting Coordinator
    ++Job Zone Three, Tile Installers Coordinator

    PART V. BALCA HANDBOOK
    A. Introduction to BALCA by Joel Stewart
    B. BALCA PERM Quick Reference Guide by Joel Stewart
    C. BALCA En Banc Quick Reference Guide by Joel Stewart
    D. BALCA Hearing Procedures
    PART VI. FEDERAL LITIGATION GUIDE
    A. Introduction to Federal Court Litigation  by Sam Udani
    B. Exhaustion of Administrative Review by Michael E. Piston
    C. Federal Court Litigation-PERM by David B. Pakula
    D. Sample Pleading by Michael E. Piston
    PART VII: PREVAILING WAGE REVIEW
    A. Prevailing Wage Survey & Overview by Jane Goldblum
    B. Wage Worksheet Simple Systems 1 by Jane Goldblum
    C. Wage Worksheet Simple Systems 2 by Jane Goldblum
    D. 656.40 Perm Reg. Determination of PW
    E. 656.41 Perm Reg. Certifying Officer Review of PW
    F. Prevailing Wage FAQ
    G. Appendix A By Alphabetical Order
    H. Appendix A By SOC Classification Order
    PART VIII: SWA SUMMARY STATE BY STATE
    All 50 states + 4 territories (Guam, District
    of Columbia,US Virgin Islands, and Puerto Rico)
    PART IX: PERM RESOURCES ON CD-ROM
    A. SOC Structure
    B. SOC Definitions
    C. SOC 2006 Changes
    D. Background On Development Of Appendix A
    E. Stratifying Occupational Units By SVP
    F. NAICS 2002 Codes And Titles
    G. NAICS Codes And Titles - 2007 Revisions
    H. Latest OES Wage Data - MDB file
    I. 2008 OES Wage Data Structure
    J. Latest OES Wage Data - Statistical Area Definitions
    K. Appendix A By Alphabetical Order
    L. Appendix A By SOC Classification Order
    M. Darby v. Cisneros
    N. Lawyers Guide To 212(a)(5)(A) By Gary Endelman
    O. BALCA Hearing Procedures
    P. BALCA En Banc Cases From 1987
    Q. Occupational Projections And Training Data
    R. Occupational Outlook Handbook
    S. Federal Register Notices On PERM
    T. Prevailing Wage Determination Policy Guidance
    U. What DOL Told OMB About PERM By Jay Solomon
    V. ETA Forms Old And New
    ++New ETA Form 9089 and Instructions, Application for Permanent
    Employment Certification
    ++Old ETA Form 9089, Application for Permanent Employment
    Certification
    ++Old ETA Form 9089,  Instructions
    ++Old ETA Form 9089 Electronic Filing Instructions
    ++ETA Form 750A
    ++ETA Form 750B
    ++ETA Form 750 A and B, Instructions
    For more info or to place your order, please see here.
    http://www.ilw.com/store/thepermbook.shtm
    For the fax document, see here.
    http://www.ilw.com/store/thepermbook.pdf
    _________________________________________________________________
    3.  ARTICLES
    (a) Moderation And Immigration Reform
    Harry DeMell writes "Both sides in the current immigration debate
    have taken unrealistic positions that pander to different
    audiences. Neither position is viable. There is a third
    approach."
    http://www.ilw.com/articles/2008,1217-demell.shtm
    http://www.demell-visas.com/
    (b) Law Library Of Congress Global Legal Monitor: Immigration And
    Nationality Law
    Rubens Medina, Law Librarian of Congress tracks recent
    immigration-related legal developments around the world.
    http://www.ilw.com/articles/2008,1217-medina.pdf
    http://www.loc.gov/law/public/law.html/
    (c) Immigrants Of The Week: Eric Ripert, Frank Oz, and Hugh
    Laurie
    Greg Siskind honors immigrants of the week.
    http://www.ilw.com/articles/2008,1217-siskind.shtm
    http://blogs.ilw.com/gregsiskind/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) Congress Passes Trafficking Victims Protection Act, HR 7311
    We carry the text of H.R. 7311 passed by both the House and
    Senate which authorizes appropriations for fiscal years 2008
    through 2011 for the Trafficking Victims Protection Act of 2000,
    to enhance measures to combat trafficking in persons, and for
    other purposes.
    http://www.ilw.com/immigdaily/news/2008,1217-hr7311.pdf
    (b) DOS Presidential Permit On Otay Mesa East Border
    The Department of State published notice in the Federal Register
    announcing a Presidential permit, effective December 8, 2008,
    authorizing the General Services Administration to construct,
    operate, and maintain a vehicular and pedestrian border crossing
    called ``Otay Mesa East'' near San Diego, California, at the
    international boundary between the United States and Mexico.
    http://www.ilw.com/immigdaily/news/2008,1217-otay.shtm
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Help Wanted: Immigration Attorneys
    Washington, DC- USCIS Office of Chief Counsel (OCC) seeks
    experienced attorneys with 3+ years demonstrated experience in
    immigration law for the Adjudications Law Division (ALD). The
    attorneys will serve as advisors to the Chief of the ALD, the
    Chief Counsel, and to USCIS and other Departmental components on
    issues relating to U.S. immigration laws.   Applicants must
    possess a JD degree,  be an active member of the bar (any
    jurisdiction), and have 3+ years of post-J.D. experience in
    immigration law. For more info, key in Job Announcement Number:
    COU-CIS-2008-0013 at http://www.usajobs.com
    Submit a resume, cover letter + (2) writing samples to: Claudia
    Salem, Acting Chief, Adjudications Law Division at
    mailto:ALD.ALD@dhs.gov. Please make sure to note in email subject
    header that you are applying for the Experienced Attorney
    Position, ALD, at USCIS. Must be received by 5pm, ET, Friday,
    December 19, 2008. Position is at the GS-13-GS-15 levels. This
    job is being filled by an alternative hiring process and is not
    in the competitive civil service. 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) Democrats Risk Losing Hispanics
    Now, one of the biggest questions Democrats face is whether
    hardening attitudes toward immigration, aggravated by hard
    economic times and rising unemployment, will push the party down
    paths that could undercut that Hispanic support, much as
    hardening rhetoric undermined Hispanic support for Republicans in
    the past two years.
    (b) Tomorrow's Opinions Today - A Patchwork Approach To
    Immigration
    Unfortunately, two North Idaho legislators seem determined to
    recycle an ill-conceived anti-immigration bill, a fatally patch-
    and-scratch approach to a problem that needs to be solved at the
    federal level.
    (c) Former MO Lawmaker To Halfway House
    A former Missouri lawmaker convicted in an immigration fraud
    scheme has been transferred to a halfway house.
    (d) Progress At Homeland
    There can't be a serious debate in the months ahead on
    immigration reform without the recognition that the Department of
    Homeland Security has made a large down payment on public
    credibility when it comes to enforcement.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2008,1217.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 Associate - Houston, TX
    Houston, TX - Tindall Foster, PC is pleased to announce that
    Nadeen H. Agour has joined the firm as an associate. She received
    her Bachelor's Degree in English from Duke University in 2002,
    graduating summa cum laude and Phi Beta Kappa. She received her
    law degree with Honors from Columbia University School of Law in
    2005 and served as the Development Editor for the Columbia
    Business Law Review. Ms. Agour is licensed to practice in Texas,
    and she is a member of the ABA, the Texas Young Lawyers
    Association, the Houston Bar Association, the Houston Young
    Lawyers Association and AILA. www.tindallfoster.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:
    Mr. Kuslan's letter's suggestions about urls being included in
    the table of contents would also be helpful for the news articles
    section of your excellent publication (12/16/08 ID). It would be
    more convenient, especially for those of us occasionally on slow
    and old computers, than opening one window in order to open
    another.
    Honza Prchal, Esq.   Birmingham, AL
    (b) Dear Editor:
    Yes, Obama was born in Hawaii which was then a territory of USA
    and therefore born in American soil however this questions of his
    birth is circumstantial because the reason is "race".  When will
    be more American?
    Gladys C. Farris
    _________________________________________________________________
    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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    Home Page - http://www.ilw.com/
  2. Dec 16 - Caveat Emptor

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    December 16, 2008
    Items:
    1.  Comment: Caveat Emptor
    2.  Focus: Latest In Adjustment Of Status
    3.  Articles:
        (a) Court Grants Important Interim Relief To Religious
        Workers by Patricia S. Mann
        (b) The New American Electorate: The Growing Political Power
        Of Immigrants And Their Children by Rob Paral And Associates
        For The Immigration Policy Center
    4.  News:
        (a) Neufeld Memo On Taiwan As Country Of Former Nationality
        (b) USCIS On I9 Employment Eligibility Verification Form
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorneys
        (b) Case Management Technology
        (c) EB-5 Business For Sale
    6.  Headlines:
        (a) Settlement Opens Up Amnesty For Tens Of Thousands Of
        Immigrants
        (b) Feds Do Right By Easing Rules On Temp Visas
        (c) Consider Conservative Policies
        (d) Minority GOP Still Holds Some Cards In Congress
    7.  ComingsNGoings:
        (a) New Partners - Washington, DC
    8.  Letters From:
        (a) Richard Kuslan, Esq.
        (b) Gladys C. Farris
    http://www.ilw.com/immigdaily/digest/2008,1216.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
    Caveat Emptor
    The Washington Post reports "The leader of a group that claims to
    be an American Indian tribe was sentenced Friday to five years in
    prison in an immigration fraud case that ensnared about 12,000
    people who believed tribal membership gave them U.S. citizenship
    (for the full story, see here.)
    http://www.washingtonpost.com/wp-dyn/content/article/2008/12/12/AR2008121203550.html
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    Latest In Adjustment Of Status
    ILW.COM is pleased to announce a new 3-part telephone seminar
    series "Latest In Adjustment Of Status" with discussion leader
    Christina LaBrie and featuring distinguished practitioners as
    speakers - Nadeen Aljijakli, Daniel Horne, Barbara Wong, and
    Other Speakers To Be Announced. The curriculum is as follows:
    FIRST Phone Session on December 22: I-485 RFEs and Adjudication
    - Hot Topics 
    ++Medical exams
    ++Maintenance of status - why theG-325A is so important
    ++Bona fide marriage for employment-based applicants
    ++AC21 portability ++Proving lawful entry
    ++NSEERS issues
    ++Renewing I-485s in immigration court 
    SECOND Phone Session on January 15: Adjustment of Status
    Interviews - Be Prepared! 
    ++Documents to bring
    ++How to prepare your clients
    ++How to prepare for employment-based AOS interviews
    ++How to deal with a difficult officer
    ++Protecting your clients' rights
    ++Dealing with criminal issues
    ++Special cases - VAWA, SIJ, HIV waivers 
    THIRD Phone Session on February 5: Lawful Permanent Residence
    - Rules and Responsibilities 
    ++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 Friday, December 19th. 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) Court Grants Important Interim Relief To Religious Workers
    Patricia S. Mann writes "[T]his class action lawsuit had a rocky
    beginning, insofar as the Government quickly reacted to the
    initial complaint and motions for temporary restraining order and
    class certification by granting the I-360s of most of the named
    plaintiffs, thereby mooting out the class."
    http://www.ilw.com/articles/2008,1216-mann.shtm
    http://www.cyrusmehta.com/
    (b) The New American Electorate: The Growing Political Power Of
    Immigrants And Their Children
    Rob Paral And Associates For The Immigration Policy Center write
    "The ranks of registered voters who are New
    Americans, or Latino or Asian, have been growing rapidly this
    decade and are likely to play an increasingly pivotal
    role in elections at all levels in the years to come,
    particularly in battleground states like Florida, Colorado,
    Nevada, and New Mexico."
    http://www.ilw.com/articles/2008,1216-paral.pdf
    http://www.ipc.org
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) Neufeld Memo On Taiwan As Country Of Former Nationality
    USCIS Acting Associate Director, Domestic Operations Neufeld and
    USCIS Associate Director, Refugee, Asylum & International
    Operations Scialabba provided field guidance and the
    Adjudicator's Field Manual update on the use of Taiwan as the
    country of former nationality on Certificates of Naturalization
    or as country of birth on Certificates of Citizenship.
    http://www.ilw.com/immigdaily/news/2008,1216-neufeld.pdf
    (b) USCIS On I9 Employment Eligibility Verification Form
    USCIS announced that it has submitted to the Federal Register an
    interim final rule that will streamline the Employment
    Eligibility Verification (Form I-9) process. For the press
    release, see here.
    http://www.ilw.com/immigdaily/news/2008,1216-eligibility.pdf
    For the Q&A, see here.
    http://www.ilw.com/immigdaily/news/2008,1216-qa.pdf
    http://www.ilw.com/immigdaily/news/2008,1216-eligibility.shtm
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Help Wanted: Immigration Attorneys
    Washington, DC- USCIS Office of Chief Counsel (OCC) seeks
    experienced attorneys with 3+ years demonstrated experience in
    immigration law for the Adjudications Law Division (ALD). The
    attorneys will serve as advisors to the Chief of the ALD, the
    Chief Counsel, and to USCIS and other Departmental components on
    issues relating to U.S. immigration laws.   Applicants must
    possess a JD degree,  be an active member of the bar (any
    jurisdiction), and have 3+ years of post-J.D. experience in
    immigration law. For more info, key in Job Announcement Number:
    COU-CIS-2008-0013 at http://www.usajobs.com
    Submit a resume, cover letter + (2) writing samples to: Claudia
    Salem, Acting Chief, Adjudications Law Division at
    mailto:ALD.ALD@dhs.gov. Please make sure to note in email subject
    header that you are applying for the Experienced Attorney
    Position, ALD, at USCIS. Must be received by 5pm, ET, Friday,
    December 19, 2008. Position is at the GS-13-GS-15 levels. This
    job is being filled by an alternative hiring process and is not
    in the competitive civil service. No relocation reimbursement
    available.
    (b) Case Management Technology
    Are you ready for the new changes in immigration? See why INSZoom
    has a 99% customer retention rate. Use our forms with peace of
    mind - 800+ updated within 24 hours of any new release, no
    patches or downloads. E-File 20+ forms. Access your firm's online
    database anywhere you have internet access. Client relationship
    management tools, practice management tools, group calendaring,
    emails, notes, reports, invoices, auto email alerts and
    reminders, document storage and assembly. A library of
    customizable questionnaires, letters and email templates
    included. Online access for clients to check case status
    included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
    services: credit card processing, Outlook & QuickBooks
    integration. One-time data entry and auto population into all
    documents will save you time and reduce errors. Customizable to
    support solo practitioners, mid-large law firms & corporations.
    We teach you how to customize the software to fit your processes
    and communication needs. Founded in 1999, INSZoom is a
    profitable, financially sound company, employing 80+ engineers
    and 11 sales and support staff. INSZoom is the "world's largest
    immigration software company", built with flexible modules that
    allow you to manage and control technology. To schedule a
    complimentary online demo, call 925-244-0600 or email
    mailto:info@inszoom.com.
    (c) 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.
    _________________________________________________________________
    6.  Headlines
    (a) Settlement Opens Up Amnesty For Tens Of Thousands Of
    Immigrants
    That rule, however, created a new problem: How to prove that the
    government knew about their violations?
    (b) Feds Do Right By Easing Rules On Temp Visas
    The federal government is to be commended for making long-overdue
    changes to a visa program for seasonal workers that should
    streamline the process and allow American companies to get more
    of the labor they need.
    (c) Consider Conservative Policies
    On significant matters of disagreement - such as health care and
    immigration - we urge Mr. Obama to at least consider more
    centrist-to-conservative arguments.
    (d) Minority GOP Still Holds Some Cards In Congress
    In just a few weeks, Republicans will no longer control the White
    House and they'll count on even smaller numbers in both the House
    and Senate. But don't write them off just yet.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2008,1216.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 Partners - Washington, DC
    Duane Morris LLP is pleased to announced that Andres Benach and
    Thomas Ragland have joined as partners in its immigration
    practice group in the firm's Washington, DC office. Benach and
    Ragland were formerly shareholders at immigration law boutique
    Maggio & Kattar, PC, where they served as the leaders of its
    immigration litigation practice. www.duanemorris.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:
    All I would like is for the URL be placed at the top of the e-
    mail so that I can click to the webpage right away and forget
    about the e-mail.  Otherwise I need to navigate down to find the
    URL.  This is a lot easier solution and changing settings.
    Richard Kuslan, Esq.  New Haven, CT
    Editor's Note: Thank you for your suggestion. We have sent your
    great idea to our tech guru to implement as part of our next
    upgrade scheduled in early 2009.
    (b) Dear Editor:
    It is a hopeful time because we have to wait until Presient Elect
    gets in to know how he will deal with this inhumane situation of
    the immigrants and that of the employers.  This nations has never
    been so harsh until now with the immigrants who has help where we
    are today.
    Gladys C. Farris
    _________________________________________________________________
    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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  3. Dec 15 - Improve Readability

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    December 15, 2008
    Items:
    1.  Comment: Improve Readability
    2.  Focus: US Tax Compliance For Immigrants And Employers: The
        Lawyer's Complete Guide
    3.  Articles:
        (a) Bloggings on Dysfunctional Government by Angelo Paparelli
        (b) Immigrants Of The Day: Heath Ledger of Australia, Monica
        Seles of Yugoslavia, and Bill Graham of Germany by Kevin R.
        Johnson
    4.  News:
        (a) Active EB-5 Regional Centers List
        (b) USCIS Finalizes Streamlining Procedures For H-2A Program
        (c) DHS Says Expedited Removals Accounted For 33 Percent Of
        All 2007 Removals
        (d) USCIS Announces EAD Extension For Eligible El Salvador
        Nationals
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorneys
        (b) EB-5 Investor Program
        (c) Website Services
    6.  Headlines:
        (a) Judge Halts Immigration Cases
        (b) Gordon Urges More Funds For Border Security
        (c) Detainee Relocation Leaves Unanswered Questions
        (d) Judge Dismisses Immigration Suit
    7.  ComingsNGoings:
        (a) Appointment - Board Of Immigration Appeals Vice Chairman
    8.  Letters From:
        (a) Allen Ladd, Esq.
        (b) David D. Murray, Esq.
    http://www.ilw.com/immigdaily/digest/2008,1215.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
    Improve Readability
    Are you receiving your Immigration Daily email version garbled
    and with no line breaks, making it difficult to read? This is due
    to an automatic feature found in Microsoft's Outlook 2003. To
    view Immigration Daily in its original intended format, do the
    following:
    ++Go to the Microsoft Outlook Tools tab
    ++Select Options tab
    ++Select Preferences
    ++Select Email options
    ++Uncheck "remove extra line breaks in plain text messages"
    Taking this step will ensure better readability for Immigration
    Daily and other plain text emails. If you have Microsoft Vista,
    you may have to follow similiar steps.
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    US Tax Compliance For Immigrants And Employers: The Lawyer's
    Complete Guide
    ILW.COM is pleased to announce a new book on tax compliance for
    immigrants and employers authored by noted authority Paula
    Singer. The outline is as follows:   
    ++International Aspects of Individual U.S. Tax Returns
    ++A Guide for Filing IRS Forms 1042 and 1042-S
    ++L-1 Intracompany Transferees on U.S. Assignment
    ++J-1 Nonstudent Exchange Visitors Performing U.S. Services
    ++U.S. Taxation of H-1B Specialty Workers
    ++U.S. Taxation of B-1 Business Visitors
    ++U.S. Taxation of Foreign Students
    ++Tax Treaty Benefits for Foreign Nationals Performing U.S.
    Services
    ++What You Need to Know About Exchange Visitors  
    For more info, including how to place a pre-publication order,
    please see: http://www.ilw.com/store/tax.shtm
    For info/ordering by fax, please see:
    http://www.ilw.com/store/tax.pdf
    _________________________________________________________________
    3.  ARTICLES
    (a) Bloggings on Dysfunctional Government
    Angelo Paparelli shares the latest entries as of December 11,
    2008 on his Dysfunctional Government blog.
    http://www.ilw.com/articles/2008,1215-paparelli.shtm
    http://blogs.ilw.com/angelopaparelli/
    (b) Immigrants Of The Day: Heath Ledger of Australia, Monica
    Seles of Yugoslavia, and Bill Graham of Germany
    Kevin R. Johnson celebrates the achievements of these immigrants.
    http://www.ilw.com/articles/2008,1215-johnson.shtm
    http://lawprofessors.typepad.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) Active EB-5 Regional Centers List
    We provide a list of currently "active" regional centers,
    effective as of December 2008 (courtesy of the USCIS Service
    Center Operations, EB-5 program).
    http://www.ilw.com/immigdaily/news/2008,1215-centers.pdf
    (b) USCIS Finalizes Streamlining Procedures For H-2A Program
    USCIS announced changes to the H-2A regulations that will
    streamline the hiring process of temporary and seasonal
    agricultural workers. For the H-2A fact sheet, see here.
    http://www.ilw.com/immigdaily/news/2008,1215-h2a.pdf
    For the Q&A, see here.
    http://www.ilw.com/immigdaily/news/2008,1215-qa.pdf
    http://www.ilw.com/immigdaily/news/2008,1215-H2A.shtm
    (c) DHS Says Expedited Removals Accounted For 33 Percent Of All
    2007 Removals
    The DHS Office of Immigration Statistics released its Annual
    Report presenting information on the apprehension, detention,
    return, and removal of foreign nationals during 2007.
    http://www.ilw.com/immigdaily/news/2008,1215-enforcement.pdf
    (d) USCIS Announces EAD Extension For Eligible El Salvador
    Nationals
    USCIS announced an automatic extension of the validity of
    Employment Authorization Documents for eligible Salvadoran TPS
    beneficiaries for six months through Sept. 9, 2009.
    http://www.ilw.com/immigdaily/news/2008,1215-tps.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Help Wanted: Immigration Attorneys
    Washington, DC- USCIS Office of Chief Counsel (OCC) seeks
    experienced attorneys with 3+ years demonstrated experience in
    immigration law for the Adjudications Law Division (ALD). The
    attorneys will serve as advisors to the Chief of the ALD, the
    Chief Counsel, and to USCIS and other Departmental components on
    issues relating to U.S. immigration laws.   Applicants must
    possess a JD degree,  be an active member of the bar (any
    jurisdiction), and have 3+ years of post-J.D. experience in
    immigration law. For more info, key in Job Announcement Number:
    COU-CIS-2008-0013 at http://www.usajobs.com
    Submit a resume, cover letter + (2) writing samples to: Claudia
    Salem, Acting Chief, Adjudications Law Division at
    mailto:ALD.ALD@dhs.gov. Please make sure to note in email subject
    header that you are applying for the Experienced Attorney
    Position, ALD, at USCIS. Must be received by 5pm, ET, Friday,
    December 19, 2008. Position is at the GS-13-GS-15 levels. This
    job is being filled by an alternative hiring process and is not
    in the competitive civil service. No relocation reimbursement
    available.
    (b) EB-5 Investor Program
    There is no need to wait for the Regional Center program to be
    extended before it sunsets on September 30, 2008. This is a 300
    acre project in Southern California near San Juan Capistrano. The
    Project will create at least 300 new full-time jobs through the
    development of a resort hotel/spa & corporate retreat, an upscale
    equestrian centre with 1000 stalls, arena, training and boarding
    facilities and, along with a vineyard, an olive orchard, and 30
    estate view lots. The developers and general partners have
    extensive experience in high profile developments.   The Project
    qualifies under the EB-5 Investor Visa program for an immigrant
    investor in need of a permanent residence in the US "Green Card".
    The project is a Targeted Employment Area (TEA) requiring
    investments at the reduced $500,000 level.    Visit
    http://www.usagdc.com/landing.html for more information or
    contact a USA Global Development representative by e-mailing
    mailto:info@usagdc.com or calling (949) 296-3078 or complete
    contact us section of our website. Not an offer to purchase or
    sell securities. Only qualified investors can offer to subscribe
    after reviewing the full program and submitting a signed
    subscription agreement for consideration.
    (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) Judge Halts Immigration Cases
    A Weld District Court judge is questioning the legality of search
    warrants issued in the cases against 1,300 suspected illegal
    immigrants using fake identification.
    (b) Gordon Urges More Funds For Border Security
    Phoenix Mayor Phil Gordon told senior members of President-elect
    Barack Obama's transition team Thursday that the U.S. government
    should boost the number of federal agents on the border but also
    dedicate more money to law-enforcement operations targeting
    violent crime in urban cities.
    (c) Detainee Relocation Leaves Unanswered Questions
    All immigrant detainees are being moved out of a Rhode Island
    detention facility where a Chinese man in custody for overstaying
    his visa died in August, the latest in a series of relocations of
    illegal immigrants.
    (d) Judge Dismisses Immigration Suit
    A federal judge has dismissed a lawsuit aimed at compelling some
    Lexington [Kentucky] government agencies to curtail public
    benefits offered to residents who are undocumented immigrants.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2008,1215.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) Appointment - Board Of Immigration Appeals Vice Chairman
    Attorney General Michael B. Mukasey has announced the appointment
    of David L. Neal as Vice Chairman of the Board of Immigration
    Appeals (BIA), effective January 5, 2009. Neal was appointed as
    Chief Immigration Judge in March 2007 after serving as acting
    Chief Immigration Judge. He received a Bachelor of Arts degree in
    1981 from Wabash College, a master's degree in 1984 from Harvard
    Divinity School and a juris doctorate in 1989 from Columbia Law
    School. Prior to his serving in various capacities within the
    Executive Office for Immigration Review, Neal practiced
    immigration law in Los Angeles and also served as the director of
    policy analysis for the American Immigration Lawyers Association.
    In addition, Neal is a member of the New York and District of
    Columbia bars.
    _________________________________________________________________
    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:
    For readers' ease, would ID consider hyperlinking the "items" at
    the top, to the corresponding articles in the body, below?  I
    find that, scrolling down, I often over - or undershoot the
    article, since I have no way to gauge the length of the preceding
    articles.  It's just a bit of extra effort in a busy day.  Thanks
    for your consideration. I continue to be impressed by the
    quality, as well as the variety, of the content of Immigration
    Daily.  Keep up the good work.
    Allen Ladd, Esq.  Greenville, SC
    Editor's note: Thanks for your comments. To accomplish the above,
    we would have to convert the email version of Immigration Daily
    into html format (it is currently in text format). We are aware
    that some readers prefer the html format, however, for many
    technological reasons, there are no plans at this time to offer
    an html version of Immigration Daily.
    (b) Dear Editor:
    With regard to the letters of Victor Johnston and Roger Algase
    (12/12/08 ID), responding to Mario Apuzzo's, Esq. letter
    (12/11/08 ID) which attempts to slice and dice finer than a puree
    the semantics of "natural born citizen," and what the framers of
    the Constitution meant by that phrase. With just a smattering of
    legal research, coupled with a small dose of common sense, I
    believe it is clear to anyone with half a brain that a "natural
    born citizen" is one who gained citizenship by means other than
    naturalization; i.e., they aquired citizenship as a birth right,
    either through birth on US soil (or soil deemed American at the
    time), or through a US parent if foreign born. There simply is no
    Constitutional issue here and proof of the pudding is that both
    John McCain and Barack Obama were allowed to run for president,
    without Constitutional challenge by either party's legal beagles,
    who would have jumped on that issue like a cowboy on a bronc, had
    the issue been at all viable. Now Arnold Swartzenegger, that's
    another story, and an example of a politician who is not a
    natural born citizen. As Mr. Johnston's letter says, "Put it to
    rest," and as Mr. Algase's letter states, "Get over it."  I hope
    this will be the last beating of the dead horse topic of what is,
    and is not, a "natural born citizen".  Now the nation can get
    back to business as usual, mucking up the immigration system with
    CIR (code word for Amnesty).
    David D. Murray, Esq.  Newport Beach, CA
    _________________________________________________________________
    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
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