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  1. Feb 2 - Senator Gregg

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

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

     Chapter 4.  Why Visas Are Done Outside the U.S.: The Purpose of
     Consular Processing
     ++Local Reputations and Investigations - Eligibility and
     Authentication. ++Information, Please (Data-collection and the
     Wealth of Nations) - Intelligence Gathering ++All Politics Are
     Local - Diplomacy and Relations w/ host Country
    Chapter 5.  Getting, Keeping and Renewing Your Visa: The Visa -
    Its Limits and Privileges
     ++Not All Visas Are Created Equal - Many Types, But Few Real
     Choices   ++Permission to Enter ++Blanket L visas ++Investor
     Visas ++The Greater Use of B1 visas in connection to sustainable
     economic activity   ++Phone Home - The Importance of Personal
     Contact By Counsel in the U.S. ++Once you're Here, They Don't
     Stop Looking - The New Realities of Doing Business (Post 9/11
     Data Mining and Federal Task Forces) ++Time to Renew, Time to
     Review - The Importance of Reviewing the Record Before
     Submitting Updated Information.
    Chapter 6. DOS Central Office Can Help You: Review and Appeals of
    Consular Decisions
     ++The Consular Officer Isn't Always Right (Sometimes) - Review
     and Appeals of Consular Decisions   ++Supervisor review
     ++State Dept Opinion ++Long Standing Absences of US Courts in a
     Vastly changing Global Economy and the Borderless Corporation
    Chapter 7.  Avoiding Audits and Task Forces: Best Practices
     ++Innocence Isn't Enough -- USCIS and ICE Random Fraud
     Assessments ++Send In the Marines -- Federal Fraud Task Forces
    Chapter 8.  Data-mining and Real-Time Enforcement:  The Future
    Landscape of the Visa Process
     ++Save the Trees -  E-filing, Document Scanning, and Distributed
     Data Access ++If it's On-Line or in a Computer, Assume They Have
     a Copy
    Chapter 9.  The Many Faces Behind the Visa Window: The Visa
    Process and Procedure at Select High-Volume Consulates in the New
    World Economic Order
    India (New Delhi, Chennai, Mumbai, Kolkata); China (Beijing, Hong
    Kong, Guangzhou, Shanghai); Canada (Ottawa, Toronto, Vancouver,
    Montreal);  Mexico (Mexico City, Ciudad Juarez, Monterrey,
    Tijuana, Nogales, Guadalajara); United Kingdom (London); France
    (Paris); Germany (Munich); Poland (Warsaw); South Korea (Seoul);
    Phillipines (Manila); Japan (Tokyo); Brazil (Rio de Janeiro, Sao
    Paulo); Australia (Sydney); Taiwan (Taipei); Vietnam (Ho Chi Minh
    City); Israel (Tel Aviv); Bangladesh (Dhaka); Argentina (Buenos
    Aires); Colombia (Bogota); Venezuela (Caracas); Dominican
    Republic (Santo Domingo); Haiti (Port au Prince); Jamaica
    (Kingston)
    For contributor bios, more info, and to order, please see:
    http://www.ilw.com/store/ConsularPosts.shtm
    Or for fax, please see:
    http://www.ilw.com/store/ConsularPosts.pdf
    _________________________________________________________________
    3.  ARTICLES
    (a) Aliens - A US Resource Underutilized
    Sardar N. Durrani, Esq. and Andrea Love Sumpter write "The US
    needs to change laws so that the country may benefit from a
    nearly endless potential of many highly qualified illegal aliens."
    http://www.ilw.com/articles/2009,0202-durrani.shtm
    http://www.durrani.com
    (b) Immigrants Of The Day: Timothy White of Argentina, Shauna
    Robertson of Canada, and Edmund Morris of Kenya
    Kevin R. Johnson celebrates the achievements of these immigrants.
    http://www.ilw.com/articles/2009,0202-johnson.shtm
    http://lawprofessors.typepad.com/
    (c) Bloggings on Dysfunctional Government
    Angelo A. Paparelli writes "Federal contractors, Congress and the
    Obama administration have yet another respite, this time until
    May 21, 2009, to decide what to do about E-Verify."
    http://www.ilw.com/articles/2009,0202-paparelli.shtm
    http://blogs.ilw.com/angelopaparelli/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) DOD Announces E-Verify Requirements For Federal Contractors
    Are Delayed
    The Department of Defense, General Services Administration, and
    National Aeronautics and Space Administration have agreed to
    delay
    the applicability date of FAR Case 2007-013, Employment
    Eligibility Verification, to May 21, 2009.
    http://www.ilw.com/immigdaily/news/2009,0202-Everify.shtm
    (b) State Issued Criminal History Clearances
    USCIS released a listing of state issued criminal history
    clearances (courtesy of Thomas Esparaza, Esq.).
    http://www.ilw.com/immigdaily/news/2009,0202-criminal.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Help Wanted: Immigration Attorney
    Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
    experienced attorney for Associate Regional Counsel position,
    USCIS OCC, Western Region. Responsibilities include, but not
    limited to, serving as attorney providing on-site legal advice to
    local District Office USCIS personnel on issues involving
    immigration related adjudications, inadmissibility and
    deportability grounds, and national security. Applicants must
    possess JD degree, be active bar member (any jurisdiction), and
    have 2+ years of post-JD experience in immigration law. For more
    info, key in Job Announcement Number: COU-CIS-2009-0002 at
    http://www.usajobs.com
    Preference is given to applicants with immigration law
    experience, a background in federal litigation, an excellent
    academic record, and strong writing skills. Submit a resume,
    cover letter + writing sample (max. 10 pps.) to: Kelli J.
    Duehning, Western Regional Counsel, USCIS Office of the Chief
    Counsel at mailto:Kelli.Duehning@dhs.gov. Must be received by
    close of business, Tuesday, February 10, 2009. Position is at the
    GS-13/14/15 levels and is open until filled. No relocation
    reimbursement available.
    (b) Immigration Law Certificate
    Master the complex and ever changing maze of immigration policies
    and regulations with the Immigration Law Studies Certificate
    Program offered by CUNY's School of Professional Studies. This
    graduate-level certificate program, consisting of (3) three-
    credit classes, offers students who complete it a comprehensive
    understanding of the laws, regulations, and processes surrounding
    the status of immigrants in the US, including family and
    employment-based immigration and deportation defense. It is
    designed for individuals working in law firms, companies,
    government agencies and nonprofit organizations where they
    interact with immigrants and immigrant legal concerns on a
    regular basis and would therefore benefit from greater knowledge
    of the laws and regulations surrounding immigration. Beginning
    this spring, the program is also being offered online. For more
    information on class schedules, tuition and fees, course
    applications and to register, see here.
    http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP
    (c) Case Management Technology
    Are you ready for the new changes in immigration? See why INSZoom
    has a 99% customer retention rate. Use our forms with peace of
    mind - 800+ updated within 24 hours of any new release, no
    patches or downloads. E-File 20+ forms. Access your firm's online
    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.
    _________________________________________________________________
    6.  Headlines
    (a) Gillibrand's Immigration Views Draw Fire
    Still, Ms. Gillibrand has not backed down from her long-standing
    opposition to "amnesty" for illegal immigrants, which has left
    some immigrant advocates wondering whether she would support any
    law that would establish a path to citizenship for illegal
    immigrants.
    (b) Activists Keep Heat On Obama Over Immigration
    As Obama settles into the White House, he faces renewed pressure
    from pro-immigration activists to keep a pledge to support
    immigration reform, or at the least, roll back some of the get-
    tough immigration policies of his predecessor George W. Bush.
    (c) Factory Manager Sentenced In Immigration Case
    A manager at a New Bedford leather-goods factory raided in 2007
    by immigration agents has been sentenced to two years probation
    for her role in helping the company hire and conceal illegal
    immigrants.
    (d) Obama's Immigration Czar to Rid U.S. of Criminal Aliens - If
    We Can Figure Out Who They Are
    Homeland Security Secretary Janet Napolitano wants to expel what
    she calls "criminal aliens" from the US, starting with those
    already in custody.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0202.shtm#Headlines
    _________________________________________________________________
    7.  ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm.
    (a) Immigration Event - San Diego, CA
    'Is Black the New Brown? Latino Immigration and Native Labor
    Replacement in the Contemporary U.S. South'  3:00-5:00 p.m.,
    Tuesday, February 10, 2009, Eleanor Roosevelt College Admin.
    Bldg., Conference Room 115, First Floor  University of
    California, San Diego,
    http://www.ccis-ucsd.org/Programs/CCIS%20Seminars%20Winter%202009.pdf.
    _________________________________________________________________
    8.  LETTERS
    Readers are welcome to share their comments, email:
    mailto:editor@ilw.com  (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    I promised in my (1/30/09 ID) letter not to write anything
    further about the issue of US citizenship by birth. However, I
    have one final comment. In that letter, I mentioned that in the
    early years of the American Republic, some of the states were
    reluctant to follow the centuries-old English Common Law doctrine
    that anyone born in the King's realm and subject to its law was a
    citizen, even if his/her parents were foreigners. As my letter
    pointed out, there was a concern that this could limit the
    child's freedom to renounce allegiance to the Crown (or the US)
    after attaining majority. However, to use this purely historical
    argument as a reason for restricting citizenship rights by birth
    in 21st Century America would be even more dangerous than was
    Justice Scalia's twisted logic in the recent Second Amendment
    case involving gun control in the District of Columbia. In that
    decision, Justice Scalia went back to medieval English history in
    order to argue that the individual right to bear arms had once
    been important to the idea of personal liberty against the
    tyranny of the King. Based on this argument, the Supreme Court,
    in effect, upheld the Second Amendment ''liberty" to be killed in
    a gun fight between rival gangs in a modern American city, In the
    same way, those who, would like to restrict citizenship by birth
    in the US to children whose parents were both US citizens, would
    be upholding the "liberty" of millions of children of  immigrant
    parents to be illegal in the US, and therefore subject to arrest
    and deportation, merely by the fact of being born. What kind of
    liberty is that?
    Roger Algase, Esq.  New York, NY
    (b) Dear Editor:
    Asylum cases are supposed to be confidential. Thus in filling out
    an asylum application, I put - please mail to attorney -clearly
    next to my client's address. As you can guess, my client
    nevertheless received mail from the Asylum Office, which return
    address had "Asylum Office" on the envelope along with my
    client's address. Confidential? Ha. My client then moved and I
    put a change of address form in with the Asylum Office with a
    clear cover letter to only mail me notices. As you can guess, my
    client still received mail from the Asylum Office. We then had
    the asylum hearing and explained the mail problem to the asylum
    officer, who said she would take care of it. Six months later
    still waiting for an answer and, as you can guess, my client
    still is receiving notices from the Asylum Office. Any
    suggestions on how to get the government to send it the correct
    address? My client's case has been kicked up to headquarters and
    been in some dusty file for six months. Any suggestions how to
    dislodge it and get an answer. My client has a very strong case,
    thus I am not too worried about ruffling the feathers of the
    asylum boys and girls. However, for my client's sake, I remain
    anonymous.
    Name Withheld Upon Request
    (c) Dear Editor:
    I have friends who are permanent residents but they have lower
    cost health insurance because they're "poor". Many refugees also
    live on welfare, it's fine for certain period but it's time for
    fairness and common sense to cut them off, this ridiculous
    policies happened in many Western nations, high taxes, welfare to
    the lazies. We won't welcome any parasites in this country, since
    we have enough parasites who are citizens who don't want to work
    but enjoy public welfare without shame, including Wall Street
    bankers. In short, all beneficiaries of our immigration system
    must be self sufficient or sponsored by their relatives, they
    must leave the country if they can't support themselves. USC may
    petition their parents if they can show they have certain income
    level and net worth, have good credit and willing to sign an
    affidavit to support their parents during their stay here. If the
    support ceased, the parents then must leave. I suggest also ID to
    cut off the debate about President Obama's citizenship, it's too
    late, it's done, get over it. Hawaiian official confirmed his
    birth certificate and none fussed about it much earlier. Give our
    new President a chance to bring this country to a better
    direction and future.
    Robert Yang
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
    colleague!
    Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X
    An Important disclaimer! The information provided on this page is
    not legal advice. Transmission of this information is not
    intended to create, and receipt by you does not constitute, an
    attorney-client relationship. Readers must not act upon any
    information without first seeking advice from a qualified
    attorney. Copyright 1999-2008 American Immigration LLC, ILW.COM.
    Send correspondence and articles to editor@ilw.com. Letters and
    articles may be edited and may be published and otherwise used in
    any medium. The views expressed in letters and articles do not
    necessarily represent the views of ILW.COM.
    _________________________________________________________________
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  2. Jan 30 - CIR In 2009

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 30, 2009
    Items:
    1.  Comment: CIR In 2009
    2.  Focus: Inventory Closeout Sale
    3.  Articles:
        (a) Fewer Job Openings Equals Fewer Immigrants: Undocumented
        Immigration Slows Along With The U.S. Economy by Angela
        Kelley for the Immigration Policy Center
        (b) Bloggings on Nurse Immigration by Christopher T. Musillo
        of the Hammond Law Group
        (c) Immigrants Of The Day: Mother Jones of Ireland, Fareed
        Zakaria of India, and Herbert Marcuse of Germany by Kevin R.
        Johnson
    4.  News:
        (a) DHS Announces FAR E-Verify Reg Implementation Is
        Postponed
        (b) CIS Ombudsman Releases Recommendations For Improving
        Process For Trafficking Victims
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorney
        (b) J-1 Visa Program
    6.  Headlines:
        (a) Second Death At Virginia Immigration Detention Facility
        (b) Date Set For Gillibrand Summit With Latino Lawmakers
        (c) Iowa: What Happens When a Town Implodes
        (d) What Will President Obama Do About Immigration Reform?
    7.  ComingsNGoings:
        (a) Immigration Event - Cambridge, MA
    8.  Letters From:
        (a) Honza Prchal, Esq.
        (b) Roger Algase, Esq.
        (c) David D. Murray, Esq.
        (d) Bruce R. Mulraney
        (e) Natalie
    http://www.ilw.com/immigdaily/digest/2009,0130.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    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
    CIR In 2009
    New American Media reports "Pro-immigrant advocates believe the
    Obama administration will have a window of opportunity between
    this September [2009] and March 2010 to shepherd a comprehensive
    immigration package that will provide a path to legalization for
    an estimated 12 million undocumented residents, strengthen border
    security and help the ailing economy." For the full story, see here.
    http://news.newamericamedia.org/news/view_article.html?article_id=ce386e69944fe33cea35ee9c7098451f
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    Inventory Closeout Sale
    ILW.COM is pleased to announce our inventory closeout sale offer
    on the new completely revised editions of Patel's Immigration Law
    Books, 2008-2009 Edition, and now at a fantastic huge discounted
    price. These are the most respected primary reference materials
    featuring user- rated "best index" on the market. This  special
    bundle includes the WHOLE Act, 20/22/28 CFR Plus and 8  CFR Plus
    for only $99. For more details and to purchase, see
    http://www.ilw.com/store/patel'simmiglawlibrary.shtm. Don't wait
    to order your copy today! This is a limited time offer and will
    be available only until the inventory  is sold out. If you have
    any questions, please write to
    mailto:webmaster@ilw.com.
    _________________________________________________________________
    3.  ARTICLES
    (a) Fewer Job Openings Equals Fewer Immigrants: Undocumented
    Immigration Slows Along With The U.S. Economy
    Angela Kelley for the Immigration Policy Center writes "According
    to new estimates from the Pew Hispanic Center, the number of
    undocumented immigrants in the United States did not increase
    between 2007 and 2008, and may actually have fallen."
    http://www.ilw.com/articles/2009,0130-kelley.shtm
    http://www.immigrationpolicy.org/
    (b) Bloggings on Nurse Immigration
    Christopher T. Musillo of the Hammond Law Group shares the latest
    entries as of January 28, 2009 on his immigration law and policy
    blog.
    http://www.ilw.com/articles/2009,0130-hammond.shtm
    http://www.hammondlawfirm.com/
    (c) Immigrants Of The Day: Mother Jones of Ireland, Fareed
    Zakaria of India, and Herbert Marcuse of Germany
    Kevin R. Johnson celebrates the achievements of these immigrants.
    http://www.ilw.com/articles/2009,0130-johnson.shtm
    http://lawprofessors.typepad.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) DHS Announces FAR E-Verify Reg Implementation Is Postponed
    DHS announced that federal contractors and subcontractors will be
    required to begin using the U.S. Citizenship and Immigration
    Services' E-Verify system starting May 21, 2009, to verify their
    employees' eligibility to legally work in the US.
    http://www.ilw.com/immigdaily/news/2009,0130-EVerify.shtm
    (b) CIS Ombudsman Releases Recommendations For Improving Process
    For Trafficking Victims
    CIS Ombudsman's Office released its recommendations on how to
    improve the process for victims of human trafficking and certain
    criminal activity.
    http://www.ilw.com/immigdaily/news/2009,0130-trafficking.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Help Wanted: Immigration Attorney
    Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
    experienced attorney for Associate Regional Counsel position,
    USCIS OCC, Western Region. Responsibilities include, but not
    limited to, serving as attorney providing on-site legal advice to
    local District Office USCIS personnel on issues involving
    immigration related adjudications, inadmissibility and
    deportability grounds, and national security. Applicants must
    possess JD degree, be active bar member (any jurisdiction), and
    have 2+ years of post-JD experience in immigration law. For more
    info, key in Job Announcement Number: COU-CIS-2009-0002 at
    http://www.usajobs.com
    Preference is given to applicants with immigration law
    experience, a background in federal litigation, an excellent
    academic record, and strong writing skills. Submit a resume,
    cover letter + writing sample (max. 10 pps.) to: Kelli J.
    Duehning, Western Regional Counsel, USCIS Office of the Chief
    Counsel at mailto:Kelli.Duehning@dhs.gov. Must be received by
    close of business, Tuesday, February 10, 2009. Position is at the
    GS-13/14/15 levels and is open until filled. No relocation
    reimbursement available.
    (b) J-1 Visa Program
    Discover the ease and flexibility of the J-1 Trainee visa with
    AIESEC United States. For 50 years, AIESEC U.S.
    http://www.aiesecus.org
    has offered foreign nationals the opportunity to grow both
    personally and professionally by sponsoring exchange visitor
    traineeships. Enjoy unparalleled customer service, including in-
    depth guidance on J-1 Trainee visa regulations and the changes
    effective July 2007. We also offer logistical and cultural
    reception services in locations nationwide. Expect a 24-48 hr.
    application processing time. The J-1 Trainee visa can be used for
    individuals to participate in training programs in the following
    fields: information media and communications, education, social
    sciences, library science, counseling and social services,
    management, business, commerce and finance, the sciences,
    engineering, architecture, mathematics and industrial
    occupations, public administration, and law. Attorneys interested
    in learning more about AIESEC United States and the J-1 Trainee
    visa, please email Melany Hamner: mailto:melanyh@aiesecus.org.
    _________________________________________________________________
    6.  Headlines
    (a) Second Death At Virginia Immigration Detention Facility
    This is not just the first death of a detainee at an immigration
    detention center, but also it is the second at this particular
    jail.
    (b) Date Set For Gillibrand Summit With Latino Lawmakers
    After backing down on their threat to go nuclear on Sen. Kirsten
    Gillibrand in exchange for her promise to sit down an chat about
    immigration, Latino lawmakers have secured a date for their
    meeting with the new senator.
    (c) Iowa: What Happens When a Town Implodes
    Eight months after the Agriprocessors raid, Postville is still
    grappling with what its leaders call a "humanitarian and economic
    disaster," compounded by the recession and a harsh winter.
    (d) What Will President Obama Do About Immigration Reform?
    But what will he do about immigration reform?
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0130.shtm#Headlines
    _________________________________________________________________
    7.  ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
    newsletter in Immigration Daily, see here
    http://www.ilw.com/corporate/cross_promotions.shtm.
    (a) Immigration Event - Cambridge, MA
    'The Impact of Migration on Children', The Myron Weiner Seminar
    Series on International Migration Sponsored by the Center for
    International Studies, Inter-University Committee on
    International Migration. 4:30-6:00 pm, Tuesday, February 3, 2009
    Carr Center Seminar Room (Room 219), Rubenstein Building (2nd
    floor), John F. Kennedy School of Government, Harvard University
    79 John F. Kennedy Street, Cambridge, MA 02139.
    http://events.mit.edu/scripts/event_ext.pl. Contact:  Jennifer
    Dignazio, (617) 253-3848 or jdignaz@mit.edu.
    _________________________________________________________________
    8.  LETTERS
    Readers are welcome to share their comments, email:
    mailto:editor@ilw.com  (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    Sid Lachter's letter (01/29/09 ID) states that anti-Obamites
    [sic] "say" all sorts of things about our President's citizenship
    status. I'll bet his letter didn't mean to tar all of us with
    that brush, but a number of the regular readers and commenters
    who did not vote for Obama, myself included, have actually been
    cheering on the straight-forward legal analysis of ... Roger
    Algase's letters in this particular dispute. One parent is enough
    to be a US citizen under the traditional understanding of jus
    sanguinis at the time the US Constitution was adopted, and that
    understanding controls unless superseded by a Constitutional
    Amendment. If one is a US citizen at birth and never renounced
    said citizenship, one is not disqualified. As for the reliance of
    Mr. Apuzzo and others on the Slaughterhouse Cases, they have not
    been expunged root and branch as I would prefer. The majority in
    the Slaughterhouse cases was, after all, striving for national
    consensus by gutting the 14th Amendment. Some of us old-fashioned
    lawyers argue that laws should mean what they meant when adopted,
    or else self-government in compromised. At the time the
    Constitution was adopted, jus sanguinis was not a controversial
    principle, and jus solis similarly applied to people born in US
    territories and considered eligible for citizenship. In terms of
    jus solis, Hawaii before statehood is no different from any other
    territory. Its citizens in the days after annexation and before
    statehood are uncontroversially natural born US citizens. For
    example, Davy Crocket was born in land that would become the
    state of Tennessee four years later. He was considered a
    potential Presidential contender by his fans, and his detractors
    did not cite his Constitutional ineligibility for the post when
    trying to damage his prospects.
    Honza Prchal, Esq.  Birmingham, AL
    (b) Dear Editor:
    I agree with Bruce R. Mulraney's letter (01/28/09 ID), which
    opposes Mario Apuzzo's letter's mistaken and unsupported argument
    that the term "natural born citizen" of the US in Article 2 of
    the Constitution allegedly has a  more restricted meaning than
    the concept of a US citizen by birth in the US in the 14th
    Amendment. But the authors of both of these Constitutional
    provisions were more likely thinking of the kings of England than
    of Poland, as argued in Mr. Mulraney's letter. These
    Constitutional drafters chose (according to the Wong Kim Ark
    decision) to adopt the broad view of citizenship by birth
    established in the English Common Law, namely that anyone born in
    the King's realm was a English subject, unless his parents were
    foreign diplomats or occupying enemy soldiers. However, the
    English Common Law also made it virtually impossible for anyone
    born in England to renounce English citizenship, which is
    precisely what the American colonists were trying to do.
    Therefore, there was a body of opinion in some early US states
    that resisted adopting the broad English Common Law doctrine of
    citizenship by birth, because it might have limited the freedom
    to sever one's allegiance to England. Therefore, according to
    this argument, America would be serving the cause of liberty
    better by adopting a narrower view of citizenship by birth in the
    US than that of the English Common Law. But this argument was
    rejected in the Wong Kim Ark decision. It might have been
    relevant in 1789, when the Constitution was adopted. But it had
    ceased to be relevant in the very different America of 1868, when
    the 14th Amendment was adopted, or in 1898, the year of the Wong
    Kim Ark decision. It is even less relevant in America today. This
    will conclude my letters on this topic.
    Roger Algase, Esq. New York, NY
    (c) Dear Editor:
    Sid Lachter's letter (01/29/09 ID) hit the nail right on the head
    when his letter states, "Citizens by birth are citizens in all
    respects by virtue of the 14th Amendment, and the citizenship of
    their parents is irrelevant ..."  I do not understand where this
    14th Amendment controversy came from in ID Letters to the Editor,
    but arguing there is a difference between a "natural born
    citizen" and "citizen of the US" is akin to the ceaseless ranting
    and raving of those who believe taxation by the federal
    government is unconstitutional, one argument being that Americans
    are citizens of the individual states as opposed to citizens of
    the United States, claiming the Fourteenth Amendment was not
    properly ratified. Of course of the thousands of lawsuits and IRS
    proceedings brought over past decades pertaining to this
    position, none has yet to succeed. The issue of who is a US
    citizen is not a matter of opinion or debate; this has all been
    laid to rest years ago by the US Supreme Court. Read and
    understand the majority opinions in the pertinent cases and stop
    insulting the intelligence of ID readers with nonsensical
    bickering about how many elephants can sit on the top of the 14th
    Amendment before they are US citizens. Enough is enough. In
    response to KO's letter (01/29/09 ID), who once again brings up
    the knee-jerk tirade over the H-1B, all I can say is nonsense.
    That tired old horse was buried years ago and anyone who knows
    and understands the fundamentals of the H-1B visa knows those
    unsubstantiated arguments will never be entered in the Kentucky
    Derby. I vote we move on to more intelligent discussion about how
    to fix the broken immigration system while trying to keep
    everyone in the world happy.
    David D. Murray, Esq. Newport Beach, CA
    (d) Dear Editor:
    Thank you for your skilled editing of my letter (ID: 01/29/09).
    ID improved my original submission.
    Bruce R. Mulraney  Los Angeles, CA
    (e) Dear Editor:
    In reference to Robert Yang's letter (01/28/09 ID) "Unproductive"
    parents and relatives of U.S. citizens and Permanent Residents
    living off Medicare and Social Security checks. Tsk. Tsk. Tsk.
    First of all, many parents are not elderly, many relatives are
    not elderly. Most come and work. Even a parent that comes and
    does not work outside the home often becomes the babysitter for
    the USC grandchildren so that their parents can both work and
    make a living. By entrusting the children to their grandparents
    instead of strangers or the sometimes sterile atmosphere of
    corporate daycare, the children are usually better cared for and
    family ties are strengthened. The result is often less juvenile
    delinquency, and higher acheivement. I don't see that as a
    negative. As for the Medicare and Social Security checks,
    permanent residents are not eligible to petition parents under
    ordinary immigration, only U.S. citizens can sponsor thier
    parents. Those U.S. citizens file Affidavits of Support which
    promise that they will care for the parent or relative until they
    become a citizen or leave the country. Most Permanent Residents
    themselves are not eligible for any public benefits for 5 to 10
    years. There are only a few ways you might see an elderly
    immigrant getting Medicare or Social Security checks. They might
    already be a U.S. citizen; they might have come as a refugee or
    asylee (which is not an easy way to come, fleeing war,
    persecution, torture, etc and is granted by the U.S. government);
    their spouse may be or have been a U.S. citizen and maybe a few
    other ways but most do not fall into these categories. So, I am
    not sure who are all of these parents and relatives you see who
    are unproductive and living off of Medicare and Social Security
    checks unless they have earned it.
    Natalie
    _________________________________________________________________
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  3. Jan 29 - Ellis Island Of The West

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 29, 2009
    Items:
    1.* Comment: Ellis Island Of The West
    2.* Focus: New 2008-2009 Edition For Immigration Practice By
    *** Robert C. Divine
    3.* Articles:
    *** (a) Consular Corner: January 2009 by Liam Schwartz
    *** (b) Perspective - We Win One (So Far) by Sheldon Richman for
    *** the Foundation For Economic Education
    *** (c) Bloggings On Immigration Law And Policy by Greg Siskind
    4.* News:
    *** (a) Scialabba Memo On Child Soldiers Accountability Act
    *** (b) Langlois Memo On Revised Credible Fear Quality Assurance
    *** Review Categories
    5.* Classifieds:
    *** (a) Case Management Technology
    6.* Headlines:
    *** (a) Gillibrand's Immigration Views Draw Fire
    *** (b) Owner Of Bianco Sentenced To Prison
    *** (c) Chicago Immigration Activist Marks Year In Church
    *** (d) Human Rights Group: "The Clock is Ticking, President
    *** Obama."
    7.* ComingsNGoings:
    *** (a) Immigration Event - Washington, DC
    8.* Letters From:
    *** (a) Sid Lachter, Esq.
    *** (b) Roger Algase, Esq.
    *** (c) Robert Yang
    *** (d) KO
    *** (e) Bruce R. Mulraney
    *** (f) N. McCourt
    http://www.ilw.com/immigdaily/digest/2009,0129.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    Books On Immigration Law: http://www.ilw.com/books/
    Immigration Law Seminars: http://www.ilw.com/seminars/
    Immigration Law Workshops: http://www.ilw.com/workshops/
    Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
    To Get Clients: http://www.ilw.com/directory/about.shtm
    Advertise: http://www.ilw.com/corporate/advertise.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    _________________________________________________________________
    1.* COMMENT
    Ellis Island Of The West
    Associated Press
    http://www.google.com/hostednews/ap/article/ALeqM5hlCihHp-38KdIyEEfLlMF0d3QhAAD95VM8906
    reports "The Angel Island Immigration Station, once known as the
    'Ellis Island of the West,' is reopening after a multimillion-
    dollar restoration of the historical landmark aimed at showing
    visitors a chapter of American history that many would rather
    forget... The station was built on Angel Island, a short boat
    ride from San Francisco, to help enforce the Chinese Exclusion
    Act of 1882 and other laws aimed at curbing immigration at a time
    when Americans were worried about immigrants stealing jobs and
    depressing wages... Hundreds of thousands of immigrants, mostly
    from Asia, were detained on the largest island in San Francisco
    Bay for days, weeks and sometimes months in the three decades
    before World War II."
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.* FOCUS
    New 2008-2009 Edition For Immigration Practice By Robert C.
    Divine
    Immigration Practice by Robert C. Divine & R. Blake Chisam
    http://www.ilw.com/books/immigrationpractice.shtm
    is an invaluable supplement to Kurzban's with a different
    approach. It is also useful to newer practitioners and paralegals
    in view of its easy to understand and practical style. For more
    info, see here.
    http://www.ilw.com/books/immigrationpractice.shtm
    To order by fax, see here.
    http://www.ilw.com/books/immigrationpractice.pdf
    _________________________________________________________________
    3.* ARTICLES
    (a) Consular Corner: January 2009
    Liam Schwartz writes "We're pleased to present the latest in our
    series of interviews introducing the reader to the people who run
    and manage the visa application process."
    http://www.ilw.com/articles/2009,0129-schwartz.shtm
    http://www.lsa-law.com/
    (b) Perspective - We Win One (So Far)
    Sheldon Richman for the Foundation For Economic Education writes
    "May the government declare a US resident an "enemy combatant,"
    throw him in a military prison indefinitely, and never charge him
    with a crime--all without judicial review?"
    http://www.ilw.com/articles/2009,0129-richman.shtm
    http://fee.org/
    (c) Bloggings On Immigration Law And Policy
    Greg Siskind shares the latest entries as of January 27, 2009 on
    his immigration law and policy blog.
    http://www.ilw.com/articles/2009,0129-siskind.shtm
    http://blogs.ilw.com/gregsiskind
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.* NEWS
    (a) Scialabba Memo On Child Soldiers Accountability Act
    A memo from USCIS Associate Director, Refugee, Asylum &
    International Operations Lori Scialabba provided notification and
    a brief overview of the provisions of the Child Soldiers
    Accountability Act of 2008 (CSAA), Public Law 110-340, which was
    signed into law and became effective on October 3, 2008.
    http://www.ilw.com/immigdaily/news/2009,0129-scialabba.pdf
    (b) Langlois Memo On Revised Credible Fear Quality Assurance
    Review Categories
    A memo from the Chief of Asylum Division of the USCIS, Joseph E.
    Langlois, modified the categories of credible fear determinations
    that must be sent to the Asylum Division Training, Research, and
    Quality (TRAQ) Branch for quality assurance (QA) review prior to
    the issuance of a final determination. In addition, the
    memorandum announced new procedural requirements for all
    determinations. These changes will be effective as of December
    23, 2008.
    http://www.ilw.com/immigdaily/news/2009,0129-langlois.pdf
    _________________________________________________________________
    5.* CLASSIFIEDS
    (a) 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.
    _________________________________________________________________
    6.* Headlines
    (a) Gillibrand's Immigration Views Draw Fire
    During her one term in the House of Representatives, from a
    largely rural, traditionally Republican district, Kirsten E.
    Gillibrand was on safe political ground adopting a tough stance
    against illegal immigration.
    (b) Owner Of Bianco Sentenced To Prison
    A federal judge, taking into account Francesco Insolia's plea
    that he is a "decent, hard-working man," yesterday sentenced the
    former New Bedford factory owner to spend a year and a day in
    prison.
    (c) Chicago Immigration Activist Marks Year In Church
    Flor Crisostomo has quietly spent the last year inside a Chicago
    church writing letters, meeting with school groups and organizing
    political demonstrations toward her goal of U.S. Immigration
    reform.
    (d) Human Rights Group: "The Clock is Ticking, President Obama."
    Found on the organization's Web site, www.respectrespeto.org, the
    clock will keep track of every minute after President Obama's
    inauguration until the country passes the immigration reform
    legislation so desperately needed.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0129.shtm#Headlines
    _________________________________________________________________
    7.* ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
    newsletter in Immigration Daily, see here
    http://www.ilw.com/corporate/cross_promotions.shtm.
    (a) Immigration Event - Washington, DC
    Maggio & Kattar is pleased to announce its first monthly
    Immigration Community Forum which will take place on Wednesday,
    January 28, 2009 from 12 PM - 2 PM.* Maggio & Kattar attorneys,
    Elizabeth Quinn and Melissa Frisk, join area experts Elizabeth
    Keyes, Staff Attorney at WEAVE (Women Empowered Against
    Violence), Deepa Bijpuria, Project Director of The Multi-Ethnic
    Domestic Violence Project, The Women's Law Center of Maryland,
    and Natalie Nanasi, Fellow, Tahirih Justice Center to discuss
    changes brought about by the interim "T" and "U" visa
    regulations. This event will take place at Maggio & Kattar,* 11
    Dupont Circle, NW, Washington, DC 20036. www.maggio-kattar.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:
    Anti-Obamites say that Article ii of the Constitution lists two
    categories of citizens - natural born citizens, and citizens of
    the United States - and that the first category includes only
    citizens with two citizen parents.* In fact, the second category
    is not citizens of the United States.* It is citizens of the
    United States "at the time of the adoption of this Constitution."
    That category no longer exists because it died off about 150
    years ago, leaving just one category of presidency-eligible
    citizens - those who are citizens by birth, not by
    naturalization.* Citizens by birth are citizens in all respects
    by virtue of the 14th Amendment, and the citizenship of their
    parents is irrelevant no matter how strenuously anti-Obamites
    misquote both case law and the Constitution.
    Sid Lachter, Esq.
    (b) Dear Editor:
    Contrary to Mario Apuzzo's letter (01/28/09 ID), one would be
    hard put to find a single sentence anywhere in the lengthy 1898
    Supreme Court Wong Kim Ark decision, which contains one of the
    most exhaustive discussions of 500 years of Anglo-American
    citizenship law imaginable, that distinguishes between the
    concept of a "natural born citizen" of the US under Article 2 of
    the Constitution and that of a US citizen by birth in the US
    under the 14th Amendment. On the contrary, every time the
    majority decision mentions this issue, it makes clear that these
    two concepts are interchangeable. Nor does Mr. Apuzzo's letter
    find any support for this distinction in the dissenting opinion,
    even though the dissenting Justices agreed with Mr. Apuzzo's
    letter's conclusion about who is a US citizen at birth for
    exactly the opposite reason, namely that there was no distinction
    between these two Constitutional provisions concerning the issue
    of citizenship by birth in the US. Specifically, the dissent
    argued that if someone born in the US to Asian parents (who could
    not become US citizens under the Chinese Exclusion laws) were
    recognized as a US citizen by birth under the 14th amendment,
    then he would also be eligible to become President as a "natural
    born citizen" of the US under Article 2. This was, to put it
    mildly, not a result that the dissenting Justices wished to see
    come about. Therefore, the proposition in Mr. Apuzzo's letter,
    namely that one can be a US citizen by birth under the 14th
    Amendment but still somehow fail to be a "natural born citizen"
    of the US in order to be eligible to become President under
    Article 2, is out all by itself on a very fragile limb when it
    comes to Constitutional interpretation.
    Roger Algase, Esq.****************
    New York, NY
    (c) Dear Editor:
    We need to simplify our immigration by using merits based point
    system for everyone and stop the family based chain immigration.
    It's very unfair to let any Americans or US legal residents to
    sponsor their elderly, sick, disable or unproductive foreign
    parents or relatives to come here and start collecting medicare
    and social security checks. Citizens or legal US residents who
    want to sponsor their parents must demonstrate that they're
    financially capable to take care all the needs of their parents
    and have met certain income level and net worth. Their parents
    will be given renewable long term resident visas instead of
    greencard, they can't never sponsor their other children to come
    to US, the siblings of US citizens will now be able to immigrate
    based on their own merits and skills based system. The coming CIR
    must have provision that all illegal immigrants will be given
    only 6 years temporary residents status, and those who want to be
    permanent residents must meet certain requirements like health
    insurance coverage, being self sufficient and paying all taxes,
    English proficiency proven by out of their own pocket TOEFL test
    and good moral characters. Those who have higher merits will get
    their permanent status faster but no earlier than 6 years.
    Robert Yang
    (d) Dear Editor:
    In less than 3 months, H-1B visas will be filed for thousands of
    cheap foreign workers taking away American jobs in the midst of
    the worst U.S. recession since World War II. The annual cap is
    65,000 visas though employers keep claiming there are never
    enough qualified American workers available and the cap should be
    increased or eliminated. With unemployment on the verge of double
    digits how can any respectable U.S. employer say there are no
    qualified American workers to fill these jobs today?
    KO
    (e) Dear Editor:
    I disagree with the statement in Mario Apuzzo, Esq.'s letter
    (01/28/09 ID) that "even if Obama was born in the US, he is not a
    Presidential Article II "natural born Citizen" because his father
    was not a USC when Obama was born." .**** At the Immigration
    Officer's Basic Training Course (IOBTC) at the Federal Law
    Enforcement Training Center (FLETC) in Glynco, Georgia,
    Immigration Officers were taught that a child born in the United
    States was a US citizen by virtue of birth in the US unless one
    of four exceptions applied.* These exceptions are:**** 1) The
    child was born to diplomats in the US with full diplomatic
    immunity;* 2) The child was born to a foreign Head of State who
    was in the US on an official visit;* 3) The child was born on a
    foreign public vessel in US waters; or,* 4) The child was born to
    alien members of an enemy force in hostile occupation of US
    territory.**** Note that having an alien parent is not one of
    these exceptions.**** I realize that Article II does not clarify
    the term "natural born Citizen" but does anyone expect the courts
    to interpret it as being more restrictive than birth in the
    United States?****** The framers wrote Article II with the
    history of 18th Century Poland in mind.* Poland was an elective
    monarchy.** The nobility frequently elected foreign aristocratic
    candidates sponsored* by one of the Polish Kingdom's neighbors,
    i.e., Russia, Prussia or Austria.* Once elected, the new king was
    only too happy to sacrifice Poland's interests for his foreign
    patron.* This is what the framers wanted to prevent.**** I voted
    against Mr. Obama but I cannot see how his alien father would
    place him in the same category as one of the foreign-sponsored
    Kings of Poland.
    Bruce R. Mulraney****************
    Los Angeles, CA
    (f) Dear Editor:
    Land Wayland's letter (1/26/09 ID) made reference to the Registry
    date. This is INA 249 already on the books, all it needs is an
    amendment, as was last made in the mid eighties to 1972. Last
    year I wrote countless letters to the Senate and Congress members
    regarding this, I did not receive one reply. I can only presume
    that the concept is too simple for them to comprehend. I urge all
    readers that this would help or anyone interested in reform to
    contact their representatives and ask them to amend INA 249.
    N. McCourt
    _________________________________________________________________
    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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  4. Jan 21 - Pass It On

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

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 20, 2009
    Items:
    1.* Comment: Farewell Mr Bush
    2.* Focus: The H-1B Book Shipping Now
    3.* Articles:
    *** (a) Is My Client In A Period Of Stay Authorized By The
    *** Attorney General? It Depends On Who You Ask by Danielle Rizzo
    *** (b) Fixing Border Security And Immigration: A Memo To
    *** President-Elect Obama by Jena Baker McNeill and James Jay
    *** Carafano
    *** (c) Bloggings On PERM Labor Certification by Joel Stewart
    4.* News:
    *** (a) DHS Publishes Correction To H-2B Final Rule
    *** (b) DHS Publishes Correction On Acceptable Identity Documents
    *** For Employment Eligibility Verification
    *** (c) DHS Publishes Correction To US VISIT Final Rule
    5.* Classifieds:
    *** (a) Help Wanted: Immigration Paralegal
    *** (b) Help Wanted: Immigration Paralegal
    *** (c) Credential Evaluation And Translation
    *** (d) Case Management Technology
    6.* Headlines:
    *** (a) Immigration Officials End RI Detention Contract
    *** (b) Feds Plan to Take DNA Samples of Anyone Arrested for
    *** Immigration Violations
    *** (c) Immigration Issue Hurts GOP
    *** (d) Napolitano Outlines Immigration Policy
    7.* ComingsNGoings:
    *** (a) Immigration Event - New York, NY
    8.* Letters From:
    *** (a) Sid Lachter, Esq.
    *** (b) Roger Algase, Esq.
    *** (c)
    *** (d) Sergi Sheplov
    http://www.ilw.com/immigdaily/digest/2009,0120.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
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    _________________________________________________________________
    1.* COMMENT
    Farewell Mr Bush
    America bids farewell to President Bush on Tuesday, and welcomes
    Mr. Obama to the Presidency. We pause at this moment to briefly
    consider Mr. Bush's immigration record, as it will likely appear
    in the long view of history. We realize that history will judge
    Mr. Bush on the larger issues of keeping the country safe after
    9/11, the wisdom or lack thereof of the Iraq war, the fate of
    civil liberties during the Bush years, and many others. We make
    no comment on any of those, our purpose is simply to take the big
    picture on immigration.
    As far as the executive branch is concerned, there's a lot of
    well-deserved criticism to hand out. One thing stands out as
    particularly bad. Immigration enforcement towards the last few
    years of Mr. Bush's presidency was heavy-handed to the point of
    being inhumane. Especially inhumane was the treatment of families
    with young children where unweaned infants were separated from
    their mothers, and parents were often arrested without provision
    being made for young children in their care. Also especially
    inhumane was the treatment of detained women who were often
    chained to a hospital bed even when in labor. The general
    treatment of immigration detainees bordered on the abusive, at
    least insofaras the mentality of the custodians and their high
    level supervisors is concerned. Mr. Obama would do well to
    quickly and forcefully undo this deplorable chapter of our
    immigration history.
    The record is quite the opposite when looking at Mr. Bush's
    prodigious efforts on the legislative front. In our opinion, no
    President in American history has worked quite as hard and at so
    high a cost as Mr. Bush, to secure immigration benefits
    legislation from Congress. Despite suffering vicious attacks from
    racists within the Republican party, Mr. Bush tried valiantly
    several times (including with McCain-Kennedy and with Kennedy-
    Kyl) to get Congress to move on immigration. Mr. Bush will
    deserve some share of the credit when Congress ultimately gets
    around to CIR, in the sense of being the pioneer who paved the
    way, and has the arrows in his back to show for it. On this
    issue, Mr. Obama would do well to follow in Mr. Bush's footsteps
    and urge Congress to delay CIR not a moment longer.
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.* FOCUS
    The H-1B Book Shipping Now
    THE H-1B BOOK 2008-2009 Edition, Editor Karen Weinstock, is
    shipping now. The Table of Contents is as follows:
    ++Chapter One:** Interview The Client
    ++Qualifying the Position as a Specialty Occupation
    ++Qualifying The Employee
    ++Meeting Wage Requirements
    ++Lawyer's H-1B Consultation Questionnaire Form
    ++Lawyer's H-1B Task Checklist
    ++Chapter Two: Send The Client Intake Forms And Related
    Information
    ++Intakes Summary
    ++H-1B Employer Intake/Questionnaire Form
    ++H-1B Worker Intake/Questionnaire Form
    ++The Complete H-1B Process: Company Flowchart
    ++The H-1B Process: Company's Step-By-Step Explanation
    ++Explanation and instructions for spouses and children
    ++Chapter Three: Credentials: Verify That The Worker Has A US
    Bachelor's Degree Or Equivalent
    ++Credentials Summary
    ++If the worker has a U.S. degree - no evaluation is necessary
    ++If the worker has a foreign degree - order credentials
    evaluation
    ++If the H-1B petition is based on work experience or combination
    - order a work experience evaluation
    ++List of credentials evaluation firms, web sites and phone
    numbers
    ++Chapter Four: Determine The Prevailing Wage ++Understanding the
    Prevailing Wage
    ++Determining the Prevailing Wage
    +++O*NET, SOC, Wage Levels, Job Zone and SVP
    +++SESA or SWA Wage Determination
    +++FLC Data Center Wage Determination
    +++Wage Determination Through Other Wage Surveys
    ++Practice Examples in Determination of the Prevailing Wage
    ++Chapter Five: Prepare And File The Labor Condition Application
    (LCA)
    ++Introduction to the Labor Condition Application (LCA)
    ++Preparing and filing the Labor Condition Application (LCA)
    +++Online LCA filing
    +++Complete Online LCA and Receive LCA Approval Online
    +++Completing the LCA: Step by Step
    +++H-1B Dependent Employers Worksheet for the LCA
    ++ Detailed Description of Form ETA-9035E and its Obligations
    ++Sample of completed LCA (form ETA-9035E)
    ++Copy of form ETA9035CP (LCA cover pages)
    ++Chapter Six: Prepare The I-129, Related Forms And
    Petition Letter
    ++Form I-129
    ++H supplement to Form I-129
    ++Form I-129 H-1B Data Collection Supplement
    ++Form G-28
    ++Form I-907 if premium processing is applicable
    If the H-1B worker has a spouse and/or children:
    ++Form I-539
    ++Form I-539 Supplement 1 (if necessary for other family members)
    ++Chapter Seven: Send All The Forms And Petition Letter To The
    Clien
    t For Review & Signature
    ++Sample letter to client
    ++LCA posting notice
    ++Sample Letter to Employer Regarding Public Access File
    ++Memorandum to employers on Labor Condition Application
    ++Public Access File sample
    Chapter Eight: Assemble The H-1B Petition And Send To The USCIS
    Service Center
    ++General Filing Instructions (including list of service centers
    and filing addresses)
    ++Sample Cover Letter
    ++H-1B Petition document checklist
    ++Sample list of exhibits
    ++Chapter Nine: Troubleshooting
    ++Introduction
    ++Request for Additional Evidence
    ++Dealing with the dreaded request for evidence
    +++Sample Response to Request for Additional Evidence
    +++Second Example of Response to Request for Additional Evidence
    ++I-9 Compliance, Social Security Numbers and Driver's Licenses
    ++Changes in H-1B Employment and Amendments
    ++How Mergers, Acquisitions and other corporate Transactions
    Affect
    the H-1B
    ++Chapter Ten: Post-Approval Case Management
    ++Summary of Post-Approval Issues
    ++ Sample H-1B Approval Letter to Employees that are in the U.S.
    ++ Sample H-1B Approval Letter to Company - Employee(s) Abroad
    ++ Sample H-1B Approval Letter to Employees Abroad
    ++ Non- Immigrant Visa Consular Processing Information Sheet
    For more information about the book and to order, see here.
    http://www.ilw.com/books/theh-1bbook.shtm
    For the fax form, see here.
    http://www.ilw.com/books/theh-1bbook.pdf
    _________________________________________________________________
    3.* ARTICLES
    (a) Is My Client In A Period Of Stay Authorized By The Attorney
    General? It Depends On Who You Ask
    Danielle Rizzo writes "But there is a large gray area for those
    who have pending applications for adjustment of status but no
    nonimmigrant status; and for those who have timely filed
    applications for extension or change of status pending and whose
    prior status has expired."
    http://www.ilw.com/articles/2009,0120-rizzo.shtm
    http://www.usvisahelp.com/home
    (b) Fixing Border Security And Immigration: A Memo To President-
    Elect Obama
    Jena Baker McNeill and James Jay Carafano write "President-elect
    Obama, we applaud your commitment to secure our nation's borders,
    but securing our borders is simply one step toward protecting
    America and fixing our broken immigration system."
    http://www.ilw.com/articles/2009,0120-mcneill.shtm
    http://www.heritage.org/
    (c) Bloggings On PERM Labor Certification
    Joel Stewart shares the latest entries as of January 16, 2009 on
    his PERM Labor Certification blog.
    http://www.ilw.com/articles/2009,0120-stewart.shtm
    http://blogs.ilw.com/joelstewart/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.* NEWS
    (a) DHS Publishes Correction To H-2B Final Rule
    The Department of Homeland Security published notice of a
    correction to the H-2B final rule.
    http://www.ilw.com/immigdaily/news/2009,0120-H2B.shtm
    (b) DHS Publishes Correction On Acceptable Identity Documents For
    Employment Eligibility Verification
    The Department of Homeland Security amended its regulations
    governing the types of acceptable identity and employment
    authorization documents and receipts that employees may present
    to their employers for completion of the Form I-9, Employment
    Eligibility Verification.
    http://www.ilw.com/immigdaily/news/2009,0120-employer.shtm
    (c) DHS Publishes Correction To US VISIT Final Rule
    The Department of Homeland Security published corrections to the
    final rule which was published in the Federal Register on
    December 19, 2008. The pertinent regulations relate to the
    collection of biometric identifiers during the inspection of
    aliens at US ports of entry.
    http://www.ilw.com/immigdaily/news/2009,0120-USVISIT.shtm
    _________________________________________________________________
    5.* CLASSIFIEDS
    (a) Help Wanted: Immigration Paralegal
    St. Louis, MO - Stinson Morrison Hecker LLP
    http://www.stinson.com
    seeks an experienced paralegal to assist in case management and
    preparation of a wide range of employment-based immigrant and
    non-immigrant petitions, PERM applications and Adjustment of
    Status applications. Stinson Morrison Hecker LLP is one of the
    nation's largest law firms, with 335 attorneys in eight offices
    with experience in more than 45 practice areas, and represents
    clients in a full range of corporate, transaction and litigation
    matters. Please send resume with salary requirement to Lisa K
    Lange at: mailto:llange@stinson.com.
    (b) Help Wanted: Immigration Paralegal
    Downtown Washington, DC firm
    http://www.paulhaarlaw.com
    seeks mature and responsible senior business immigration
    paralegal with 4+ years experience in business immigration cases,
    including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and
    EB-2) and PERM.* Must be capable of independent work, including
    legal research, intensive client contact and drafting responses
    to complex RFEs and NOIDs.* Bilingual Spanish/English speaker
    preferred.* Must have bachelor's degree and excellent native-
    level English writing skills.* We are a boutique immigration firm
    with a fast-paced yet collegial atmosphere and no billable hours
    requirements.* Salary commensurate with experience.* Please email
    resume, references and writing sample to
    mailto:pschwartz@paulhaarlaw.com.* No calls please.
    (c) Credential Evaluation And Translation
    As the nation's leader in foreign credential evaluations and
    translations, American Evaluation and Translation Service, Inc.
    (AETS) provides the most competitive rates in the industry - $50
    educational evaluations, as well as $200 'expert opinion' work
    experience and position evaluations completed by PhD university
    professors who have the "authority to grant college level credit
    for work experience and/or training." AETS offers a variety of
    turn-around times, including same-day service for educational,
    work experience, and position evaluations. For list of rates and
    times, see:
    http://aetsinternational.com/applicationforevaluationservices.pdf
    AETS also provides certified translations in 100+ languages,
    with translators that are specialists in 80+ fields.* For a copy
    of the Application for Credential Evaluation and Translation
    Services, please contact AETS at (786) 276-8190, visit
    http://www.aetsinternational.com, or email:
    mailto:info@aetsinternational.com.
    (d) Case Management Technology
    Offering enterprise-level software and unparalleled US-based
    support, ImmigrationTracker
    http://www.immigrationtracker.com
    is the most flexible and dependable immigration management
    solution on the market today. Designed by immigration attorneys
    and paralegals, ImmigrationTracker is often praised for its ease
    of use, intuitive features, and built-in immigration knowledge.
    As one of our customers noted, "If we had two years and unlimited
    funds to design our ideal immigration management system, Tracker
    would be it."* Phil Curtis, Chin & Curtis.* Find out for yourself
    why Tracker is the choice of: 83% of practicing Past Presidents
    of the AILA (American Immigration Lawyers Association, through
    June 2007); 86% of the 25 largest immigration law firms (IndUS
    Business Journal 2006); 75% of the AmLaw 200 (largest US law
    firms, American Lawyer Media, 2006); 3x as many globally ranked
    immigration attorneys as compared with other software vendors
    (Chambers Global and the International Who's Who of Business
    Immigration Lawyers, 2007). Schedule your private demo: Call
    1-888-466-8757 ext. 278 or email mailto:sales@immigrationtracker.com.
    _________________________________________________________________
    6.* Headlines
    (a) Immigration Officials End RI Detention Contract
    Federal immigration officials have terminated their contract
    with a detention facility following an investigation into the
    death of an inmate, and several members of the local board that
    oversees the jail have been replaced.
    (b) Feds Plan to Take DNA Samples of Anyone Arrested for
    Immigration Violations
    Had the new DOJ policy been in place, federal officials say many
    victims could have been spared.
    (c) Immigration Issue Hurts GOP
    President Bush on Sunday underscored what may be the single most
    destructive force at work in the Republican Party: its hostility
    on the issue of immigration.
    (d) Napolitano Outlines Immigration Policy
    Arizona Gov. Janet Napolitano, the nominee to be Homeland
    Security secretary, pledged Thursday to get tougher with
    employers who hire illegal workers.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0120.shtm#Headlines
    _________________________________________________________________
    7.* ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
    newsletter in Immigration Daily, see here
    http://www.ilw.com/corporate/cross_promotions.shtm.
    (a) Immigration Event - New York, NY
    'National Concern, Local Action: Immigrant Integration in New
    York', 9:00 a.m., Thursday, February 5, 2009* The Great Hall at
    Shepard Hall,City College of New York, 139th and Amsterdam Ave.,
    New York, N.Y. 10031. Admittance to the conference is free,
    however attendees must register in advance and registration for
    the luncheon will close on January 23rd.
    http://www1.ccny.cuny.edu/ci/powell/news/events.cfm.
    _________________________________________________________________
    8.* LETTERS
    Readers are welcome to share their comments, email:
    mailto:editor@ilw.com* (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    1.* Obama publicly produced exactly what Hawaii issues to
    everyone who orders a birth certificate.* If it is not, in fact,
    a birth certificate, neither is anyone else's and Hawaii needs
    Mr. Apuzzo's help to straighten out the mess.* 2.* Homeland
    security is under federal, not Hawaiian, jurisdiction.* 3.* Mr.
    Apuzzo's letter states that because John McCain's and Roger
    Calero's citizenship was challenged, they and their parties would
    not challenge Obama's.* What about the Democratic presidential
    primary candidates other than Obama?* All of them are
    unquestionably natural born citizens, and none of them said a
    word about Obama's citizenship.* Please, enlighten us on why.
    There must be an obvious answer that the overwhelming majority of
    us are not perceptive enough to think of on our own.
    Sid Lachter, Esq.
    (b) Dear Editor:
    Jim Roberts' 1/16/09 letter has finally come up with a seemingly
    serious Constitutional argument against holding that Barack Obama
    is a "natural born" US citizen, even if it is conceded that he
    was born in the US. Unfortunately for those who agree with Mr.
    Roberts' and Mr. Apuzzo's letters, the US Supreme Court carefully
    considered this argument and explicitly rejected it more than 100
    years ago, in US v. Wong Kim Ark (1898). Also unfortunately for
    those who claim that racism has nothing to do with this issue,
    the dissent in that case specifically relied on a overtly racist
    argument to support its contrary position. Wong Kim Ark was born
    in the US to parents who were both Chinese citizens, and
    therefore racially ineligible to become US citizens because of
    the Chinese exclusion laws. The US immigration authorities argued
    that, because Mr. Wong's parents concededly owed allegiance to a
    foreign power, he was not "subject to the jurisdiction of the
    US", and therefore not a US citizen under the 14th Amendment,
    even though born in the US. This is the same argument, as I
    understand it, that Mr. Roberts' letter makes about President-
    elect Obama. But the Supreme Court disagreed, holding that the
    intention of the 14th Amendment was to adopt the broad view of
    citizenship by birth of the English common law, which had long
    held that anyone born in England was a "natural born" citizen of
    England unless his parents were ambassadors or soldiers of a
    foreign country. The Supreme Court expressly rejected the
    contrary view of citizenship, held by some the US states before
    passage of the 14th Amendment, that made the parents' citizenship
    rather than the child's place of birth controlling. What would be
    the point of trying to reopen this issue now, which was so
    clearly settled 110 years ago?
    Roger Algase, Esq.* New York, NY
    (c) Dear Editor:
    Regarding the ID Letters of Jan.16th, S. Sheplov eloquently
    defends the importance of marriage in society with which few
    could disagree, certainly not myself. But Jesus taught many
    things including: "Render therefore unto Ceasar the things that
    are Ceasar's" (Matt. 22:21) thus acknowledging the state and it's
    sovereignty in secular matters. Ideally, the state is charged
    with looking after it's citizens interests including limited and
    controlled entry. The state does not preclude families from
    returning to their native lands to be together. Thus it is the
    individual that makes the final decision to remove him/her self
    from family in such situtions as the state has to draw the line
    somewhere regarding entry numbers. Everyone wants a free pass. If
    the letters of R. Algase sets forth uninformed, illogical,
    racially biased opinions, why should his letters be exempt from
    being called on it?* Responding to D. Murray's letter, I would
    say that my comments (1/15/09 ID) did refer to the RA
    letters/opinions as is ID protocol and accurately described my
    opinion regarding them. Readers can make their own assessments.
    Truth has always been a defense against defamation and always
    serves a "useful purpose". No letters have engaged in more "name-
    calling" and baseless charges of racism than the letters of RA
    who admits to being: "highly critical of Mario Apuzzo's letters
    because of their stubborn and irrational refusal to follow" RA's
    opinion and interpretation, flawed as they are. There is no
    humble search for truth in this revealing comment, only the
    dogmatic, intolerant labelling of other views as deficient. These
    are facts, not personal attacks. If the blind are allowed to
    lead, all "shall fall into the ditch" (Matt. 15:14).
    Jim Roberts
    (d) Dear Editor:
    Apparently ID knows a Sergi Sheplov who is also an attorney.
    However, the letter to the Editor that was written and appeared
    in the 1/16/09 ID issue was written by me. I wanted to clarify I
    am not an attorney nor do I play one on TV.
    Sergi Sheplov
    _________________________________________________________________
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