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  1. Mar 7 - Immigration Consequences Of Budget Impasse


    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    March 7, 2011

    *
    http://www.ilw.com/immigrationdaily/digest/2011,0307.shtm
    ITEMS
    1. Comment: Immigration Consequences Of Budget Impasse - On March
    2, Republicans and Democrats on the hill narrowly avoided an
    imminent government shutdown with the passage of a two week
    continuing resolution that keeps the government operating for
    now. All the parties have until March 18 to come up with a budget
    compromise. It is going to be a game of brinkmanship where both
    parties are going to feel out whether it would be politically
    expedient for them to precipitate a government shutdown rather
    than make a compromise. The effects of a government shutdown have
    not been felt since 1995.
    What would be the immigration consequences of such a budget
    impasse? There are three kinds of agencies involved in providing
    immigration services. Firstly, in case of enforcement agencies
    like ICE and CBP we expect that they will be given the budgets
    they need to continue the record-breaking enforcement they have
    been doing. Secondly, the fee-based organizations like the USCIS
    have nothing to worry about regarding the budget impasse either,
    because as the economy continues to recover they will see an
    increase in their fee-based revenues.
    But it is the third category of non-fee-based organizations such
    as DOS, DOL and EOIR that will present a serious problem. A
    disproportionate percentage of budget cuts will likely fall on
    these organizations, and we expect to see a dramatic
    deterioration of services. The last time there was a government
    shutdown, consular processing ground to a halt and DOL backlogs
    continued to grow until they culminated in RIR and the PERM rule.
    Our predictions here are somewhat speculative because there are
    so many moving parts that will shape how the money is actually
    allocated - with many of the parts jockeying with each other for
    their advantage. But we expect a significant (30-50%) slowdown of
    the cycle times at DOL, DOS and EOIR, in the event of a
    government shutdown. All practitioners dealing with these
    agencies have grounds to be concerned.
    2. Article: Mexican Immigrants In The United States by Aaron
    Terrazas for Migration Policy Institute

    *
    http://www.ilw.com/articles/2011,0307-terrazas.shtm
    3. Article: House Panel Measures The Value Of E-Verify by John
    Fay

    *
    http://www.ilw.com/articles/2011,0307-fay.shtm
    4. Bloggings: Civil War Within The GOP by Gary Endelman

    *
    http://www.ilw.com/articles/2011,0307-endelman.shtm
    5. Bloggings: PERM: Business Necessity Revisited by Joel Stewart

    *
    http://www.ilw.com/articles/2011,0307-stewart.shtm
    6. Bloggings: Granular and Possibly Grand Immigration Reform by
    Angelo Paparelli

    *
    http://www.ilw.com/articles/2011,0307-paparelli.shtm
    7. Bloggings: Political Asylum for Libyan Students in the US? by
    Jason Dzubow

    *
    http://www.ilw.com/articles/2011,0307-dzubow.shtm
    8. Bloggings: Utah Heads In Different Direction Than Arizona by
    Greg Siskind

    *
    http://www.ilw.com/articles/2011,0307-siskind.shtm
    9. News: CRS Report On Trafficking In Persons In Latin America
    And The Caribbean

    *
    http://www.ilw.com/immigrationdaily/news/2011,0307-crs.pdf
    10. Focus: PERM For Experts: Post-Recruitment Issues
    Tuesday, March 8 is the deadline for the Thursday, March 10 phone
    session of PERM For Experts, with Sofia Zneimer (discussion
    leader), Judy Bordeau, Catherine Haight, Douglas Hauer, Loan
    Huynh, Kimberley Best Robidoux and Roger Tsai. The curriculum is
    as follows:
    ++Audits (Increase in audits; what to do if the beneficiary was
    laid off; Response to audit when the beneficiary was laid off;
    Deadlines; DOL indication about debarment)
    ++Supervised Recruitment (Will be stepping up; Matter of Ola
    Miami - opportunity to provide evidence of previous work
    experience)
    ++ Request for Review/Reconsideration or Appeal (Matter of CVS RX
    Services; New evidence on reconsideration evidence that existed
    at the time the application was filed, but was not submitted in
    response to the CO's audit is barred from a reconsideration
    request by 20 CFR 656.24(g)(2)(i), Matter of Techdemocracy)
    ++Further Strategies (Possibe BALCA appeal; Re-filing)
    Tuesday, March 8 is the deadline to sign up. For more info,
    including speaker bios, detailed curriculum, and registration
    information, please see: Online:

    *
    http://www.ilw.com/seminars/201101.shtm. Fax form:
    *
    http://www.ilw.com/seminars/201101.pdf. Don't delay, sign up
    today.
    11. Headline: RT @nativismwatch: What is "Secure Communities"

    Really About?
    http://t.co/pBaWJ3p
    12. Headline: RT @wsivelocity: Why Silicon Valley Immigrant

    Entrepreneurs Are Returning Home -
    http://tcrn.ch/hpynSt
    13. Headline: Mexico's President: 'Anti-American Feeling in
    Mexico Is Growing' Because of Public's 'Perception' About Undoc

    Immigrants
    http://ow.ly/49liB
    14. Headline: Convention to cancel if immigration bill passes in

    Indiana
    http://ow.ly/49l9F
    15. Headline: [Map] Position of each state on Real ID - see who
    has opposed it, denounced it, or is willing to take it

    *
    http://ow.ly/49l0f
    16. Headline: Homeland Security bows to Real ID outcry (and
    neglects to state real reasons): RealID Postponed till Jan 2013

    *
    http://ow.ly/49kxF
    17. Headline: ICE to review fingerprints of everyone arrested in

    California to check on immigration status
    http://ow.ly/49kgr
    18. Headline: Georgia bill would make a felony of DUIs for

    undocumented immigrants
    http://ow.ly/49ih8
    19. Headline: New Mexico advances bill to ban licenses for

    undocumented immigrants
    http://ow.ly/49hNz
    20. Headline: Utah Legislature passes immigration reform package:
    enforcement + work permit for undocumented immigrants

    *
    http://ow.ly/49hIZ
    21. Headline: Want to be seen? Get on our homepage. Improve
    search engine ranking, increased name recognition and referrals.

    Sign up at
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    22. Headline: Tax Compliance for Immigrants and Employers: The
    Lawyer's Complete Guide. Don't wait! Get your copy today

    *
    http://ow.ly/45Ija
    To submit an Article or a news item to Immigration Daily, write

    to
    mailto:editor@ilw.com. Follow ILW.COM on Twitter:
    *
    http://www.twitter.com/ilwcom
    _________________________________________________________________
    CLASSIFIEDS
    1. Help Wanted: Immigration Attorney
    Cleveland, OH - Margaret Wong and Associates, LLP

    *
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    Denver, Colorado - Ogletree Deakins

    *
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    is seeking an experienced business immigration paralegal for its
    Denver office. Candidates should have experience in business
    immigration law including preparation of H-1B, L-1, TN, O-1, P-1
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    3. Help Wanted: Immigration Attorney
    Washington, DC - Boutique immigration law firm

    *
    http://www.paulhaarlaw.com
    in downtown Washington, DC seeks experienced associate attorney.
    Ideal candidate will have excellent research, writing skills and
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    business and family immigrant and nonimmigrant petitions and
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    Spanish/English a plus. Collegial atmosphere. No billable
    hours. Competitive salary and benefits. Resumes, refs and

    writing samples to
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    4. Help Wanted: Immigration Attorneys
    Reston, VA - Law Offices of Rakesh Mehrotra

    *
    http://www.immigrationonline.com
    has immediate openings for junior associate attorneys for busy
    Immigration practice. Candidates must have experience in
    business immigration law, including preparation of H-1B, L-1, TN,
    O-1 and E-1/E-2 visa petitions, deportation and labor
    certification cases. Responsibilities include the preparation and
    filing of business and employment-related immigration
    documentation. Qualified candidates must have excellent
    organizational skills, attention to detail, accuracy and
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    very congenial work environment with opportunity for professional
    growth. Send cover letter, resume and salary requirements to

    *
    mailto:jobs@immigrationonline.com or call 703-230-6802.
    5. Expert Witness Services
    Muslim World Expert Professor Shaul M.
    Gabbay, Phd, offers expert testimony in immigration cases from
    Muslim countries/societies, including the former USSR. Dr. Gabbay
    prepared reports and testified in 250+ Immigration cases
    nationwide (asylum, cancellation of removal, asylum interviews,
    hardship waivers) with a 93% success rate. Examples of what
    Immigration lawyers say: ... "He is a consummate scholar and
    passionate about his subject ... He makes a wonderful witness...
    He is riveting on the witness stand, helping us win nearly
    unwinnable cases with aplomb. He has won the praise of numerous
    Immigration Judges." (Svetlana Schreiber, Esq.) ... "He provided
    the testimony we needed in numerous asylum cases ... in virtually
    all of those cases, but for the expert witness testimony, I doubt
    the cases would have been approved, I recommend Professor Gabbay
    to anyone with issues involving Islamic society and culture."
    (Stephen Berman, Esq.) ... "His testimonies, whether written or
    oral, are credible, persuasive, and non-refutable. I have never
    lost a single case which had Dr. Gabbay on as an expert witness."
    (Ally Bolour, Esq.). Contact Professor Gabbay with any questions.
    He can also recomend country experts outside his specialty.
    Professor Shaul M. Gabbay, Phd, Korbel School of International

    Studies, University of Denver,
    mailto:sgabbay@du.edu, (303)
    871-2560.

    *
    http://www.Muslimworldexpert.com
    6. Credential Evaluation And Translation
    Why do the largest law firms, corporations and universities in
    the U.S. choose AETS for their foreign credential evaluations?
    Because as the nation's leader in foreign credential evaluations
    and translations, American Evaluation & Translation Service, Inc.
    (AETS) provides the most competitive rates in the industry -
    $75 educational evaluations, as well as $300 '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: AETS Credential Evaluation Application.

    *
    http://www.aetsinternational.com/AETS.Credential.Evaluation.Application.PDF.Writable.2009.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,
    see: AETS Translation Application.

    *
    http://www.aetsinternational.com/AETS.Translation.Application.PDF.Writable.2009.pdf
    Please contact AETS at anytime at (786) 276-8190, visit

    *
    http://www.aetsinternational.com ,
    or email:
    mailto:info@aetsinternational.com.
    To place a classifieds ad in Immigration Daily, see here

    *
    http://www.ilw.com/corporate/advertise_on_ilw.shtm
    _________________________________________________________________
    ReadersWrite
    1. ReadersWrite: Yesterday's Discussion

    *
    http://blogs.ilw.com/immigrationdaily/2011/03/04_thousand_linked_in.html#comments
    2. ReadersWrite: Today's Discussion

    *
    http://blogs.ilw.com/immigrationdaily/2011/03/07_immigration_consequences_of_budget_impasse.html#comments
    To submit an Article for consideration, write to

    *
    mailto:editor@ilw.com
    _________________________________________________________________
    ComingsNGoings
    ComingsNGoings: New Honor Fakhoury Law Group is pleased to
    announce that it has joined The Alliance of Business Immigration
    Lawyers (ABIL) comprising of 20 of the top U.S. business

    immigration law firms.
    www.abil.com/lawyers/lawyers-fakhoury.cfm
    Readers can share professional announcements (up to 100-words at

    no charge), email:
    mailto:editor@ilw.com.
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
    colleague!
    Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X
    An Important disclaimer! The information provided on this page is
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  2. IMMIGRANT OF THE DAY: MARTIN KLEPPMANN - ENTREPRENEUR

    by , 03-07-2011 at 09:24 AM (Greg Siskind on Immigration Law and Policy)

    Martin Kleppann, the German-born co-founder of Rapportive who migrated to the US from the UK, was one of the young entrepreneurs interviewed by Tom Brokaw in an excellent piece on the need for H-1B visa reform. His company makes a tool that integrates with Gmail to allow users to see profile information on the individuals sending messages, something that sounds pretty helpful if you're in business and email is your primary communication tool.
    Attached Thumbnails Attached Images  
  3. NBC NEWS: RESTRICTIVE H-1B POLICIES ARE A JOB KILLER FOR AMERICANS

    by , 03-07-2011 at 09:08 AM (Greg Siskind on Immigration Law and Policy)
    This report should be required viewing for every member of Congress and every US immigration official working on H-1B visa processing.
     












    Visit msnbc.com for breaking news, world news, and news about the economy
  4. UTAH HEADS IN DIFFERENT DIRECTION THAN ARIZONA

    by , 03-07-2011 at 06:56 AM (Greg Siskind on Immigration Law and Policy)
    Utah legislators passed two measures Friday that set the state on a different course than Arizona. One measure is an enforcement one and would require police to check the immigration status of those stopped on suspicion of committing felonies and misdemeanors. The measure's most controversial provision - an Arizona-style section allowing police to stop people based on a "reasonal suspicion" that the person is illegally present - was removed.
    The bill is making headlines as well for inclusion of a guest worker provision that will allow the state to issue two year work permits to persons illegally present in the state if they pass a criminal check and pay a $2500 fine. The bill calls on the governor to negotiation a waiver from the federal government to permit the program but also allows the state to proceed even if the federal government refuses.
    While it is encouraging to see conservative Republicans recognize the need for compromise on dealing with the illegally present immigrant population, the fact is that the bill is probably unworkable and likely unconstitutional. For the same reason states cannot make their own immigration enformcement progams, they also are not authorized to establish their own work programs. It's the federal government's sole responsibility. Yes, the federal government can delegate responsibilities to the states. But if it does not, then states are not authorized to act on their own.
    What might be interesting, however, is if the Obama Administration and Congress are interested in working a deal with Utah so the constitutional question could be sidestepped. I'm not sure how this would work - and I'm not sure those in Utah understand either - but it certainly will be interesting to follow developments.
  5. PERM: Business Necessity Revisited

    by , 03-07-2011 at 06:16 AM (Joel Stewart on PERM Labor Certification)
    William Stock, Esq., participated in a panel at the mid-winter AILA Conference which took place in Miami on February 17 and 18. Bill chaired a panel on PERM Updates, but I wish to focus on the article he presented in the Conference Materials regarding Business Necessity.
    Bill's article emphasizes the importance of a well written and detailed narrative to document business necessity in the PERM File. This is a point well-taken and is, indeed, the best way to present business necessity documentation.
    The DOL relies essentially on the business necessity standard announced in Matter of Information Industries, 88-INA-82 (1989) BALCA (en banc). This, of course, is a well-known two-prong test, where the Employer must document business necessity by proving the first prong, that the employer's requirements are essential to perform the job duties and the second prong, that the requirements are normal.
    Although the concept is simple, the execution is more difficult. As Bill aptly notes, the best way to go about this is to prepare a detailed narrative to be signed by a responsible person such as the Employer or HR Manager, under oath, with data and details that only the Employer can cite. This type of affidavit is very effective to prove business necessity, however, it is highly labor intensive and requires a great deal of work by persons who are skilled in writing the English language -- like English majors and others who have mastered the art of effective writing. In fact, I recall the words of a successful practitioner who said that in his law office he hires people with excellent communication skills.
    However, the business necessity statement should also be accompanied by objective data and documentation to bolster and corroborate the statement of the Employer. It is wise to note that in doubtful cases,  the opinion of an expert can also be attached to the affidavit.
    It follows then that the best prepared business necessity statement, will be based on a detailed narrative-style affidavit, signed under penalty of perjury, and accompanied by pertinent documentation and the opinion of an expert.
    Implicit in this argument is that the business necessity statement must be presented to DOL for consideration, but the only way this can be done is if the application for certification is audited. The business necessity statement becomes part of the record file which must then be transmitted to the Certifying Officer for consideration.
    In one BALCA case, the Certifying Officer did not accept the business necessity documentation and forwarded it to the Board, however, the Board approved noting that the Employer's affidavit swayed contained information that is not on the PERM Form 9089. This is a basic peculiarity with PERM -- that the Employer's only opportunity to get anything in the record may not be on the form itself, but in the supporting documentation in the record file. Some practitioners advise putting as much information about business necessity on the form in any of the available spaces in Part H, such as the job descrition itself, the statement of special requirements, or even in the statement of the alien's qualification, Part J & K.
    The point of all of this is that where business necessity is the issue, the manner of presentation must be credible, probative, convincing, and easy to read. As it has been said many times, "The Devil is in the details," and in a PERM case a detailed presentation of the business necessity statement will help win the case.
    Employers and attorneys should also review the PERM regulations so as to understand the standards that must be proved throughout the process. Matter of Information Industries only applies to the employer's job requirements if not deemed normal in the United States.
    Entirely different standards apply to combination of job duties, language requirements, qualifications gained on the job, live-in requirements, and actual minimum requirements, all of which have specific formulas in the PERM Rule that explain how to document that that they do not violate the regulations.
    The PERM Rule established new regulations for Employer's to follow, as of May 28, 2005, however, pre-existing BALCA decisions, may also be considered valid, unless they conflict with the PERM Rule itself.
    While BALCA decisions are not truly precedent decisions, they may be used as interpretive guidance to prepare PERM applications and to respond to audits or negative findings.
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