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    by , 04-20-2011 at 07:40 AM (Greg Siskind on Immigration Law and Policy)
    This week, the President held another meeting with pro-immigration advocates where he proclaimed the need for immigration reform. Haven't we heard this time after time from the President? Running against the Republicans on this issue is a no brainer for the President. But what exactly is President Obama doing beyond giving speeches?
    President Obama had both Houses of Congress in his first two years in office. Did he ever actually propose an immigration reform bill? No, he decided to let Congress sort it out for themselves rather than leading on the issue. And when he lost control of the House of Representatives, did he use the numerous executive powers at his disposal to address any of the failings in the current system? To date, he's not only done nothing in this regard, he's stated several times that the only way to address the problems in the immigration system is to wait on a paralyzed Congress to act. This is despite the numerous options spelled out for him by his own officials in a leaked memorandum.
    Instead, he's ramped up immigration enforcement to levels greater than any President before him. He's enforcing a bar against same sex spouses being able to apply for immigration benefits despite his own Justice Department admitting the prohibition is unconstitutional. His immigration benefits agency USCIS has gotten progressively harsher and harsher in adjudicating work visa applications and green cards. He's deporting Haitians to a cholera-ridden country that is nowhere close to functioning normally since last year's devastating earthquake. And the list goes on and on.
    Absent the speeches and the meetings, strictly judging by the ACTIONS of this Administration, this is arguably the most anti-immigrant White House we've seen in quite some time. Whether Latino voters and another pro-immigration constituencies support the President in 2012 fearing that the GOP candidate would be even worse is still an open question. But it does seem President Obama would do well to remember who delivered the 2008 election for him and who preserved the Democratic Senate. It's time to speak with your actions rather than delivering another eloquent speech.
  2. Obama's Meeting on Immigration Reveals He Has no Real Intention to Address Immigration Reform

    by , 04-20-2011 at 07:18 AM (Matthew Kolken on Deportation And Removal)
    Obama gathered a bunch of people together yesterday to talk about immigration. Among the invitees was the person who oversaw the deportation of more immigrants over a two-year span than at any other time in the history of the United States, the richest man in New York, an aging movie star, the police, the COO of Facebook ("Like"), and Al Sharpton.

    You know who Obama didn't invite: an experienced immigration lawyer, a seasoned immigration judge, or members of Congress who ultimately vote on immigration reform legislation. The conspicuous absence of any individual who has in-the-trenches experience with the implementation of the immigration law from an immigrant's perspective, or the lawmakers who can actually do something to fix the problem is very telling.

    What it reveals is that this President is more interested in creating a photo-op to garner votes for his reelection than figuring out a way to craft bi-partisan legislation that will infuse some equity into our beyond broken immigration laws. Or better yet, putting an end to his own administration's draconian deportation quotas.

    This President has been giving lip-service to immigration reform for over two years now. His do nothing and blame the Republicans strategy isn't fooling anyone. He can't during the span of one week announce that he isn't targeting DREAMers for deportation while serving the founder of with her deportation papers. *His administration is either lying, or is incompetent. Not good enough.

    Obama better wake up and realize that he has less than two years to do something about it or voters will be staying home. The buzz I'm hearing from immigration reform activists is that they feel that this President has taken advantage of their trust, and that empty promises, outright lies, and record deportations will not be rewarded. Congressman Gutierrez (D-Ill), one of the President's most ardent supporters, has just questioned his own ability to the support the President's reelection bid directly on account of the President's immigration policies. Very telling indeed.


    Obligatory propaganda from the White House:

    // // ]]>
    // ]=]=>

    Updated 11-10-2014 at 06:30 AM by MKolken


    by , 04-20-2011 at 06:15 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    With President Obama's re-election campaign beginning in earnest, he is anxious to court immigration-friendly voters. These voters tend to live in important states such as Florida, Texas, and California. The President is far from a sure thing to be re-elected. The President's greatest "strength" right now, is the lack of compelling Republican challenger.

    In order to burnish his credibility with these pro-immigration voters who could sway a tight election, the President yesterday met with high-profile immigration-friendly people, such as Arnold Schwarzenegger, New York Mayor Michael Bloomberg, and San Antonio Mayor Julian Castro, all who have called on the President to lead on immigration reform. 
    Unfortunately, no serious analysts believe that the President is doing anything other than paying lip-service to immigration reform, despite needed visa liberalization in shortage occupations, such as Physical Therapy, Occupational Therapy and Registered Nursing.

    Read the full Healthcare and Immigration Law Blog at or
  4. Apr 19 - Birther Bill Vetoed In Arizona

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    April 19, 2011

    1. Comment: Birther Bill Vetoed In Arizona - Arizona has once
    again drawn the attention of pro-immigrationists and anti-
    immigrationists alike due to Governor Jan Brewer's veto of the
    so-called "birther" bill

    in that state. The bill would have required Presidential
    candidates to prove their US citizenship before their names could
    appear on the state's ballot. If candidates could not provide
    their birth certificate, the Secretary of State could have
    accepted baptismal or circumcision certificates, hospital birth
    records and other documents as proof. Gov. Brewer stated that she
    was uncomfortable asking Presidential candidates to submit their
    proof of citizenship to the state of Arizona, and leaving it at
    the discretion of state officials as to whether or not to put the
    candidates' on the ballot. This bill was driven by claims that
    President Obama's birth on US soil has not been proved, despite
    repeated confirmations from Hawaiian officials including two
    successive governors - one Republican, the other Democrat of that
    State. Common law percepts argue for the acceptance of (and the
    veracity of) vital records when such records are attested as
    authentic by the designated custodians of those records. Gov.
    Brewer's veto of this bill reiterates the central place of the
    State of Arizona in the immigration debate, and highlights the
    fact that not all developments in that state are in the anti-
    immigration direction.
    2. Article: US Immigration Rule(s) Affecting Hijab by Yosef Yacob

    3. Article: Re-envisioning Security And The Movement Of People by
    Susan Ginsburg and Kristen McCabe for the Migration Information

    4. Article: E-Verify Update: Self Check Goes Live on March 21,
    2011 in Select US Locations by John Fay

    5. Bloggings: H-1B Usage Off To Slow Start by Greg Siskind

    6. Bloggings: Founder of Targeted for
    Deportation by Matthew Kolken

    7. Bloggings: Virginia Denies Driver's Licenses to Refugees by
    Jason Dzubow

    8. Bloggings: Montana Receives its first EB-5 Regional Center
    Designation by Brian Su

    9. Bloggings: PERM: Proof of Publication on Website by Joel

    10. News: USCIS Publishes QAs On Final Rule On Employment
    Eligibility Verification


    11. News: USCIS Updates H-1B Cap Count

    12. News: USCIS Updates H-2B Cap Count

    13. Focus: Consular Processing for Experts
    ILW.COM is pleased to announce "Consular Processing for Experts",
    a new 3-part telephone seminar with Jan Pederson (discussion
    leader), Ellen Freeman, Kehrela Hodkinson, Joanne Orizal, Laurel
    Scott, Elaine Witty and others. Tuesday, April 19 is the deadline
    to sign up, the curriculum is as follows:
    FIRST Phone Session on April 20: NIV Issues
    ++Third Country National NIV Applications In Canada And Mexico
    ++Border Posts: overview of who can and cannot apply.
    ++Rationale for limitations on who cannot apply.
    ++Appointments always necessary.
    ++Necessary forms: DS-160
    ++At which posts can List of 26 and T-7 apply?
    ++Is there a case for a TCN not applying in Canada or Mexico, if
    eligible to do so?
    ++Border Post review of right to counsel at visa interviews.
    ++Circumstances under which an applicant not issued a visa at a
    border post can return to the United States.
    ++Home Country Visa Applications
    ++Appointments almost always necessary. Check waiting times on
    DOS and consular post website for details.
    ++Research post policies, personnel and local red flags.
    ++CIS approved petitions (H, L, O, P) are not a promise of a
    ++Prepare the client for the interview and ensure visa
    applications are completed accurately and completely.
    ++Documents applicant should bring to the interview.
    ++Waiver of personal appearance.
    ++What to do when there is a glitch at the visa interview:
    ++Security clearances, NCIC Checks, and Hits in the Database: the
    applicant forgot about the arrest for pot or shoplifting 30 years
    ++Petition Issues: Job Inflation and Skills Tests - does the job
    exist and can the employer afford to pay the wage?
    SECOND Phone Session on May 12: IV Issues
    ++Considerations in Consular Processing.
    ++Unlawful presence and effect on application
    ++Risk that the applicant's visa and/or immigration history may
    result in delay or denial.
    ++Readjudication of labor certifications, visa petitions and
    qualifications of applicant.
    <Issues at consular posts in India
    ++"Following-to-join" issues.
    ++Documents to file with the consular posts.
    ++When can principal alien's entitlement to LPR status be
    readjudicated at the IV interview of the "following-to-join"
    spouse or child?
    ++When may the IV issuance be properly delayed and for how long?
    (Issue arises in Manila when principal alien adjusted status as a
    nurse; Issue arises when principal alien adjusted status as an
    asylee or through legalization; Issue arises when consular
    officer questions whether principal alien in F2A (unmarried minor
    child) and F2B (unmarried, adult son or daughter) cases is
    maintaining his/her principal place of residence and domicile in
    the United States at the time of the interview.)
    ++Considerations in family-based petition cases.
    ++When blood relationship questioned, may attorney insist on DNA
    test and through what mechanism? Often much time would be saved
    through DNA testing, particularly when the alternatives are
    returning an approved petition to CIS and/or awaiting the outcome
    of a local investigation.
    ++Strategies to resolve relationship questions locally in lieu of
    petition return to CIS.
    ++I-864 issues (E.g. Whether petitioner "resides" in the United
    ++Processing of an "Age-Out" Case.
    ++Processing of a Child Status Protection Act (CSPA) Case.
    ++"Portability of an approved alien labor certification and
    I-140" to immigrant visa processing
    THIRD Phone Session on June 2: Waiver Practice in Consular
    ++Nonimmigrant Visa Waivers of Inadmissibility.
    General Issues:
    ++Who is eligible for a 212(d)(3) waiver?
    ++Which grounds can be waived?
    ++Which grounds cannot be waived?
    ++The life of a waiver.
    ++Procedures for requesting a 212(d)(3) waiver.
    ++Request made to consular officer after refusal.
    ++Consular officer can either recommend or refuse to recommend to
    overseas DHS office that a waiver be granted.
    ++DHS has final authority to grant or deny waiver.
    ++Appeal procedures if consular officers refuses to make
    favorable recommendation and winning strategies.
    ++Processing Times and Procedures.
    ++When the waiver request must or may be sent to the Visa Office
    by the consular officer.
    ++Criteria considered in waiver request/approvals.
    ++Matter of Hranka effect?
    ++How big, how bad and how long ago was the prevarication?
    ++How long ago was the conviction and how serious was the crime?
    ++Evidence of reformation and remorse.
    ++Purpose of trip. Does life-saving medical treatment trump a
    trip to Disneyland?
    ++Consular officers are directed to apply a balancing test;
    weighing the equities against the negative factors. How this
    works in practice.
    ++Immigrant Visa Waivers of Inadmissibility
    ++General Issues
    ++Who is eligible for a waiver?
    ++Which grounds can be waived?
    ++Which grounds cannot be waived?
    ++Procedures for requesting a waiver.
    ++Form I-601 filed with consular officer for most grounds.
    ++Consular officer must forward I-601 to DHS office overseas for
    ++Fingerprints and G-325A often required.
    ++Send client to IV interview fully documented with respect to
    both possible grounds of ineligibility and reasons why waiver
    should be granted.
    ++Coming to America when a visa isn't issued.
    ++Humanitarian Parole
    ++Visa Waiver at port-of-entry
    ++212(d)(4) waiver at land border port of entry
    Tuesday, April 19 is the deadline to sign up. For more info,
    including speaker bios, detailed curriculum, and registration
    information, please see: Online:

    Fax form:
    Don't delay, sign up today.
    14. Headline: Sign up today ! CLE Seminar: Physicians For

    Headline: Senate Dems kill voter ID, immigration crackdown

    Headline: Waltham Residents Voice Thoughts On Immigration

    Enforcement Program
    Headline: Obama revives immigration reform
    Headline: Crowd calls for reforms at ICE
    Headline: Drivers License limits fuel immigration fight

    Headline: Tallassee's harsh immigration bills flunk common-sense

    Headline: Obama's day: A town hall, Easter and immigration

    Headline: America's National Suicide: An immigration ordeal

    Headline: RT @ImmPolitic Obama to host immigration meeting

    immigration reform
    Headline: RT @HispanicNewYork @RepGutierrez Support for

    @barackObama depends on reform
    Headline: RT @rahartwell Spanish Article, "Is the President's

    turn to play now"...
    Headline: Estimates of the State and Local Taxes Paid by

    Unauthorized Immigrant Households
    Headline: RT @jilevin: NYT: The Anti- Immigration Crusader

    Headline: RT @UAFAwatch: Democrats propose bill extending

    immigration rights to same-sex couples
    Headline: RT @Richard_Florida: The Melting Pot That Isn't: Why
    America Needs Better Immigration - My latest post @TheAtlantic -

    Headline: Looking for the best candidate? Carry your help wanted
    ad on Immigration Daily. Find out more details at

    Headline: The Consular Posts Book: this useful guide covers major
    consular posts, theory & practice. Get your copy at

    Headline: Don't be left out Get listed! Sign up for ILW.COM

    Attorney Yellow Pages at
    To submit an Article or a news item to Immigration Daily, write

    to Follow ILW.COM on Twitter:
    1. Help Wanted: Immigration Paralegal
    St. Louis, MO - Stinson Morrison Hecker LLP

    seeks an experienced paralegal to work with our premier
    Immigration Law group in St. Louis. This is a full-time position
    (Monday through Friday). Applicants must have a college degree or
    the equivalent work experience; a minimum of 2 years relevant
    immigration paralegal experience; a deep experience in a full
    range of employment-based matters, including IV's, NIV's, PERM
    and EB-1; experience with NIW-medical and Conrad Amendments a
    plus. The ideal candidate will also have strong detail
    orientation skills, high degree of accuracy skills,
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    principle. Our benefits and compensation are comprehensive,
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    retain our most important asset - our people. For more
    information and to apply, see here.

    2. Help Wanted: Immigration Attorney
    Downtown Los Angeles, CA - Stone & Grzegorek LLP

    seeks an experienced immigration attorney. Are you interested in
    joining a dozen attorneys who are passionate about their evolving
    immigration law practice? Do you yearn for a positive work place
    that will support you in achieving excellence and putting forth
    your best work? You may be just the experienced attorney we are
    looking for to become a significant member of a growing,
    collegial law firm specializing in diverse practice areas. Give
    one of us a call, or send your letter and resume to:

    3. Help Wanted: Immigration Attorney
    Washington, DC - The Office of the Chief Counsel (OCC), U.S.
    Citizenship and Immigration Services (USCIS), Department of
    Homeland Security (DHS), seeks an experienced attorney with
    demonstrated legal knowledge and experience involving
    verification of immigration and citizenship status and employment
    eligibility issues and interpretation of statutes and regulations
    that would enable the candidate to provide legal advice regarding
    the Agency.s E-Verify and SAVE programs, for the Commercial and
    Administrative Law Division (CALD). The attorney would report to
    the Deputy Chief of the Commercial and Administrative Law
    Division in Washington, D.C. Applicants must possess a J.D.
    degree from an accredited law school and be an active member of
    the bar (any jurisdiction). You must have three or more years of
    professional legal experience, acquired after being admitted to
    the bar, commensurate with the duties and responsibilities of the
    position. Experience interpreting statutes and regulations is
    required. Experience advising clients on privacy and disclosure
    issues and on programs similar to E-Verify and SAVE is highly
    desired. For more info, key in Job Announcement Number: COU-

    CIS-2011-0004 at Submit cover letter,
    resume, and writing samples to: Must be
    received by close of business, Friday, April 29, 2011. Position
    is at the GS-0905-13/15 level.
    4. Help Wanted: Immigration Paralegal
    Englewood, NJ - Wildes & Weinberg, PC,

    a prestigious immigration law firm, seeks experienced immigration
    paralegal to train for 3 to 6 months in its Midtown Manhattan
    offices before working permanently in its Englewood, NJ office to
    work on immigrant and non-immigrant matters. Applicant must
    possess 2+ years of work experience in the area of business
    immigration, particularly with preparing, organizing and filing
    PERM applications, O-1, E, H-1B and L-1 visas, as well as strong
    writing and communication skills. Please send resume and cover

    letter to
    5. Help Wanted: Immigration Attorney
    Downtown Chicago, IL - AzulaySeiden Law Group

    seeks an immigration attorney. To be considered, a candidate
    must have a minimum of 3 years experience practicing immigration
    law. The firm deals in all areas of immigration, including
    removal defense, business, family, appellate work and outbound
    immigration services. Experience in removal defense and fluency
    in a foreign language preferred. We seek a motivated, committed
    individual who wants a focused, contemporary environment that
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    would appreciate the opportunity to work in a leading US
    immigration law firm, you may be the right fit. We offer fair
    compensation based on experience and incoming business, along
    with a full benefits package and believe in promoting a healthy
    balance between work and personal life. Please send a resume,
    writing sample, law school transcript and any inquiries to

    6. Korean Community Website
    Would you like to meet new clients for free? You can do so by
    registering with

    as an "honest attorney." is a website which
    provides all kinds of immigration information mostly to the
    Korean community. Koreans looking for honest attorneys to answer
    their questions regarding immigration law will be able to find
    you on the list of "Honest Attorneys" of this site. In order to
    protect a registered attorney's profit advantage, there will be a
    limit to the number of attorneys allowed to register from each
    state. On average, each state will be represented, according to
    their population, by 4 immigration attorneys who will be accepted
    on a first-come basis. Among the 4 registered attorneys, 2 will
    be Korean and 2 will be American. Once the set number of
    attorneys is reached, any other attorneys
    attempting to register will be put on a waitlist. In addition,
    all registered attorneys will have to sign an agreement that they
    will not charge excessive rates to their clients. Honest
    Attorneys can answer some questions visitors have posted on the
    site. You can register as an honest attorney on the link here.

    7. CLE Immigration Event
    Memphis, TN - (May 13-14, 2011) The Federal Bar Association in
    conjunction with the Memphis Mid-South Chapter of the FBA; the
    Mid-South Chapter of the American Immigration Lawyers Association
    (AILA); and the U.S. District Court for the Western District of
    Tennessee, invite you to join us for one of the most exciting
    national immigration conferences available this year. The
    confirmed speaker line-up is a who's who of well-renowned AILA
    attorneys and government officials including Judges from The US
    Circuit Court of Appeals, the Acting Director of EOIR and other
    former and current Immigration Judges from across the country,
    and counsel from The Office of Immigration Litigation (OIL). This
    conference also offers the opportunity to hear from a panel of
    ICE and USCIS supervisors as they discuss various immigration
    issues that affect both the mid-South and the nation as a whole.
    Come mingle with faculty without large crowds. This intimate
    setting is perfect for both new and experienced practitioners
    alike. Program includes special tracks for pro bono attorneys as
    well as criminal lawyers. Earn up to 14 CLE hours (with a
    possibility of 3 ethics hours offered) and have fun, too. Early
    bird deadline is April 15, 2011. This Conference is limited to
    400 participants. For more information, including speakers,
    curriculum, see here.

    For online hotel registration, see here.

    To place a classifieds ad in Immigration Daily, see here

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    ComingsNGoings: Immigration Event Teleconference - April 26, 2011
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    or to RSVP, contact Kathryn Nicholas at or call
    (402) 219-6405.
    Readers can share professional announcements (up to 100-words at

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    by , 04-19-2011 at 06:43 AM (Greg Siskind on Immigration Law and Policy)
    The storyline continues. Last year, 13,500 regular H-1B applications were counted in the first week and 5,600 advanced degree applications. This year 5,900 regular applications were received in the first week and 4,500 advanced degree petitions. USCIS just reported that in the second week of counting, 7,100 regular cases were receipted and 5,100 advanced degree applications. That's roughly the typical weekly usage we saw last year and if the pace doesn't change much, the cap will potentially be hit one to two months later than for FY2011. Later this summer as the cap starts to get a little closer to being reached, I'll start issuing projections of the dates each quota is likely to be filled.
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