ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

All Blog Entries

  1. Mar 28 - Pass It On

    March 28, 2011

    http://www.ilw.com/immigrationdaily/digest/2011,0328.shtm

    ITEMS

    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

    2. Article: ICE Guide to Worksite Enforcement Investigations: You

    Can Run but You Can't Hide by Amy Peck

    http://www.ilw.com/articles/2011,0328-peck.shtm

    3. Bloggings: Utah Gets it: New Law to provide Work Authorization

    for Guest Workers by Matthew Kolken

    http://www.ilw.com/articles/2011,0328-kolken.shtm

    4. Bloggings: PERM: Foreign Language Undefined by Joel Stewart

    http://www.ilw.com/articles/2011,0328-stewart.shtm

    5. Bloggings: Two USCIS Offices Accepting Same Sex Marriage Green

    Card Petitions by Greg Siskind

    http://www.ilw.com/articles/2011,0328-siskind.shtm

    6. Bloggings: Delays in processing I-526 petitions are

    unnecessary, cost the government money, and delay job creation

    and economic growth by Stephen Parnell

    http://www.ilw.com/articles/2011,0328-eb5.shtm

    7. Bloggings: Hospitality Immigration - Birth Tourism, is it

    really happening? by Jacob J. Sapochnick

    http://www.ilw.com/articles/2011,0328-immigrationlawblogs.shtm

    8. News: DOS Issues Correction On Exchange Visitor Program Fees

    and Charges

    http://www.ilw.com/immigrationdaily/news/2011,0328-evp.pdf

    9. News: CRS Report On US Immigration Policy On Haitian Migrants

    http://www.ilw.com/immigrationdaily/news/2011,0328-crs.pdf

    10. Focus: Removal For Experts

    ILW.COM is pleased to announce "Removal For Experts", a new 3-

    part telephone seminar series with Scott Bratton (discussion

    leader), Nadine Aljijakli, Judd Azulay, Bob Frank, Steve Thal and

    others. The curriculum is as follows:

    FIRST Phone Session on March 31: Preliminary Issues in Removal

    Cases

    ++Commencement of Removal Proceedings

    ++ Evidence

    ++ Burden of Proof

    ++ Challenging the NTA

    ++ Bond and Mandatory Detention

    ++ Motions to Supress

    ++ In absentia removal orders and motions to reopen

    SECOND Phone Session on April 7: Criminal Issues in Removal

    Proceedings

    ++ Criminal grounds of removal and inadmissibility

    ++ Aggravated felonies and limitations on relief

    ++ Vacating convictions and the impact of Padilla v. Kentucky

    THIRD Phone Session on May 5: Issues related to relief from

    removal

    ++ Asylum, withholding, CAT includig the social group analysis

    ++ Cancellation of Removal

    ++ Adjustment of Status

    ++ Voluntary Departure

    ++ TPS

    ++ NACARA

    ++ Waivers (212(i), 212(h), 237(a)(1)(H)

    Tuesday, March 29 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/201104.shtm.

    Fax form: http://www.ilw.com/seminars/201104.pdf.

    Don't delay, sign up today.

    11. Headline: Modest bill reaches to both political parties

    http://ow.ly/4nPAK

    12. Headline: Groups target states' undocumented immigration

    bills http://ow.ly/4nORa

    13. Headline: Obama boasts of consulting immigration radical:

    Union boss admitted amnesty meant to ensure 'progressive rule'

    http://ow.ly/4nNZQ

    14. Headline: What You Don't Know About Immigration: The Top 99

    Immigration Blogs. TY for including @ilwcom http://ow.ly/4nNnZ

    15. Headline: 'Brain waste' thwarts immigrants' career dreams.

    From doctor and surgeon to sales clerk and babysitter

    http://ow.ly/4nLu2

    16. Headline: Woman escapes deportation until status of same-sex

    marriage made clear http://ow.ly/4nLbu

    17. Headline: Documents Reveal Pressure to Comply With Program to

    Deport Immigrants http://ow.ly/4nKA5

    18. Headline: AETS provides foreign credential evaluations,

    certified translations in 100+ languages, w/ specialists in 80+

    fields http://ow.ly/4iXFa

    19. Headline: his personal goal is to reform laws help immigrants

    -Estudiante hispano emprende cruzada a favor de los inmigrantes

    http://ow.ly/4mueL

    20. Headline: I-140 Book: An attorney's guide on I-140 EBIV

    Process. For the complete table of contents and to order see

    http://ow.ly/46wIC

    21. Headline: RT @BulldogShadow Oakland rallies around family

    torn by deportation http://t.co/rr5g6tE

    22. Headline: RT @LatinoPolitics: Irony of Rep. @LorettaSanchez

    Delivering a Keynote Address on DreamAct Next Week

    http://bit.ly/gATVo7

    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 Paralegal

    New York, NY - Midtown Manhattan immigration law firm

    http://www.levittandneedleman.com/

    seeks paralegal on a part-time basis (3 days a week), with future

    potential for full-time, to prepare full-range of business

    immigration applications. Must have BA degree with 1-2 years of

    business immigration experience. Competitive compensation

    package. Email resume and cover letter to

    mailto:inquiry@levittandneedleman.com.

    2. Help Wanted: Immigration Paralegal

    Matawan, NJ - Fragomen Del Rey Bernsen & Loewy LLP

    http://www.Fragomen.com

    seeks an immigration paralegal. Fragomen is recognized as the

    world's leading global immigration services provider, with more

    than 1,000 immigration professionals throughout over 30

    strategically located offices across 15 countries. We provide

    comprehensive immigration services for short and long-term

    international assignments, permanent transfers and the local hire

    of foreign workers. Working in a collegial team-oriented

    environment our paralegals perform challenging and substantive

    legal work. The ideal candidate will have 3+ years of business

    immigration experience, including non immigrant and immigrant

    visa matters. Excellent verbal and written communication skills.

    Ability to demonstrate analytical and problem-solving skills

    within a fast-paced environment. A Bachelors degree is required.

    Fragomen offers a competitive salary and comprehensive benefits

    package. Please submit a cover letter and resume to

    mailto:NewJerseycareers@Fragomen.com.

    3. Help Wanted: Immigration Paralegal

    New York, NY - Klasko, Rulon, Stock & Seltzer, LLP,

    http://www.klaskolaw.com

    a nationally-known immigration law firm, has an opening for an

    immigration paralegal with 1-2 years of experience to handle a

    variety of

    employment based immigration matters for hospitals and research

    organizations from its New York City office. You will work with

    attorneys, have contact with scientists, managers, and other

    professionals to determine their skills and background, draft

    documents to establish their eligibility for immigration

    benefits, and help guide them through the immigration process.

    If you are interested in international/intercultural issues; are

    a good writer; are able to understand complicated rules and

    procedures; and have a Bachelor's degree with excellent academic

    credentials along with 1-2 years of immigration experience,

    please email your resume and a brief writing sample to:

    mailto:hrpa@klaskolaw.com. Information about the firm can be

    found at our website.

    4. Help Wanted: Immigration Attorney

    Studio City, CA - The Law Offices of Jessica Dominguez has an

    immediate opportunity for an immigration attorney with 2+ years

    experience to work on a wide range of cases in a diverse, full-

    service immigration law practice. Attorney Must be bilingual in

    English and Spanish. Must have experience in handling NIV visas

    and consular practice, PERM, Family-based IV, and Naturalization.

    Attorney will represent clients in Removal Proceedings, as well

    as BIA and Circuit Court Appeals, and Federal Litigation.

    Excellent research/writing and outstanding communication skills

    needed. Attorney will be substantially self-sufficient in

    preparing day-to-day correspondence. Candidate must be able to

    thrive in a challenging and fast-paced environment, where

    deadlines are critical. We have a great office environment and

    wonderful clients. Please e-mail cover letter, resume, and

    writing sample to Jessica Dominguez at

    mailto:abogadalatina@aol.com. All replies will be treated in the

    strictest confidence and references will not be contacted without

    prior approval.

    5. J1 Visa Program

    Fast, easy application process; 48-hour processing; $995

    processing fee. Welcome to HTP's world of international

    exchanges. We are a Department of State designated sponsor of the

    intern and trainee programs. We are the go-to sponsor for

    numerous immigration attorneys. Email mailto:mario@htp-usa.com,

    call 404.843.0688 or find us on the web at

    http://www.htp-usa.com

    6. Case Management Technology

    Use technology to leverage your immigration practice with

    INSZoom's powerful immigration case management products, which

    include 800+ forms updated within 24 hours of release with no

    patches or required downloads. This online tool - accessible from

    anywhere and anytime - provides e-filing of 20+ essential forms

    and gives you access to client relationship management and

    practice management tools, group calendaring, emails, notes,

    reports, billing and invoicing modules, automatic email alerts

    and reminders, document storage and assembly, and many other

    immigration management tools. The online library of customizable

    questionnaires, letters & email templates, ability for clients to

    check case status online. Compliancy modules: I9, LCA, AR 11,

    PERM, optional services: credit card processing, Outlook &

    QuickBooks integration. An ISO 27001:2005 and 9001:2008 certified

    company, INSZoom has been providing leading edge technology

    solutions for all sizes, from solo practitioners to large

    immigration law firms worldwide, corporations, universities and

    non-profit organizations since 1999. The world's largest

    immigration software company, INSZoom delivers robust and

    flexible solutions customized to your practice's needs. Schedule

    a complimentary online demonstration by calling (925) 244-0600 or

    emailing mailto:info@INSZoom.com. Learn more about why INSZoom

    has a 99% customer retention rate at www.INSZoom.com.

    http://www.INSZoom.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/2011/03/25_make_your_voice_heard.html#comments

    2. ReadersWrite: Today's Discussion

    http://blogs.ilw.com/immigrationdaily/2011/03/28_pass_it_on.html#comments

    To submit an Article for consideration, write to

    mailto:editor@ilw.com

    _________________________________________________________________

    ComingsNGoings

    ComingsNGoings: Immigration Reading The Contested Politics of

    Mobility: Borderzones and Irregularity, Edited by Vicki Squire,

    Routledge, 256 pp., Hardcover, ISBN: 0415584612, $117.69

    http://www.amazon.com/exec/obidos/ASIN/0415584612/

    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

    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 1999-2010 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 leading immigration law publisher

    ILW.COM, PO Box 1830, New York, NY 10156

    Over 50,000 pages of free information!

    http://www.ilw.com/

    Immigration Daily - http://www.ilw.com/immigrationdaily/

    Archives - http://www.ilw.com/immigrationdaily/archives.shtm

    Classifieds -

    http://www.ilw.com/corporate/advertise_on_ilw.shtm

    RSS feed - http://www.ilw.com/rss.asp

    Processing times - http://www.ilw.com/govttimes/index.asp

    Immigration forms - http://www.ilw.com/forms/

    Discussion board - http://www.ilw.com/discussion/

    Find a lawyer - http://www.ilw.com/findlawyer/

    Seminars - http://www.ilw.com/seminars/

    Immigration Books - http://www.ilw.com/store/

    Advertise -

    http://www.ilw.com/corporate/advertise.shtm

    Resources - http://www.ilw.com/resources/

    Blogs - http://blogs.ilw.com/

    About ILW.COM - http://www.ilw.com/corporate/about_us.shtm

    Link to us - http://www.ilw.com/corporate/linktous.shtm

    Search - http://www.ilw.com/search/advanced.asp

    _________________________________________________________________

  2. Delays in processing I-526 petitions are unnecessary, cost the government money, and delay job creation and economic growth

    by Stephen Parnell
    The processing time for I-526 petitions has now gone beyond 8 months. USCIS seeks to reassure by pointing out at its stakeholder meetings that it has hired or transferred and trained an additional 10 examiners in order to shorten processing times. It might be too early to judge how productive the 10 new examiners will be; however, the rapidly increasing number of regional centers means that, even if just a fraction of the new regional centers begin producing projects, when those projects are added to the stream of projects from the existing regional centers, the number of individual petitions will be increasing exponentially. This is not to mention the increasing size of projects at some regional centers from tens of investors to hundreds of investors. Given such growth, USCIS might want to consider hiring 10 new examiners per month rather than 10 per year.
    There is no other immigration program with growth like this, considering that the designation of one new regional center can bring about hundreds, if not thousands, of new individual petitions over the life of a given regional center. The growth can continue until 10,000 EB-5 green cards are being issued each year, and the category backlogs like pretty much every other EB category. Luckily, we are currently not even close to that point. For these reasons, USCIS needs to allocate resources to this program differently.
    There are some other financial and economic factors that USCIS should consider.
    1.      A sufficient increase in examiners could enable USCIS to implement premium processing of I-526 petitions. EB-5 investors have the desire to speed up the processing of their I-526 petition, and they have the money to pay for it. USCIS can charge the extra $1,225 premium processing fee, or even more, and the EB-5 investors will pay it.
    2.      The sooner each EB-5 investor's I-526 petition is approved, the sooner he will reach the time when he needs to pay the I-829 petition fee, which is more than twice the fee for the I-526 petition. This really makes clear the opportunity cost of the processing delay because the fewer I-526 petitions that are approved this year, the fewer investors who will pay the I-829 petition filing fee two years from now.
    3.      Last, but most important, since the purpose of the EB-5 program is to create jobs and improve the economic conditions in economically depressed regions of the U.S., delays in investment funds going from the escrow account into the intended business activity means that important projects are being delayed and their viability is being endangered.
    We encourage USCIS to treat the funding of the EB-5 program as investment in a business enterprise. An initial investment into increasing its processing capacity will pay dividends through enabling USCIS to receive premium processing fees, which it is currently not receiving, and to receive more I-526 and I-829 filing fees each year. Most importantly, USCIS will produce these and other dividends for its shareholders, the American people, by enabling the influx of more clean foreign capital into depressed regions of the U.S. in order to create jobs, lay the groundwork for additional businesses to develop, improve the local infrastructure, and grow the local tax base in order to educate and improve the skills of local workers and their children. USCIS has made tremendous progress in improving the consistency, transparency, fairness, integrity, and popularity of the EB-5 program. Their next task is to manage the program's growth properly by allocating enough resources to train enough examiners in order to provide premium processing within 15 days, and to keep regular processing to 2-3 months, while the total volume of cases increases each year as more regional centers are approved. Although a moving target is hard to hit, USCIS needs to aim ahead of its target, not behind it.
  3. PERM: Foreign Language Undefined

    by , 03-28-2011 at 06:45 AM (Joel Stewart on PERM Labor Certification)
    The question of a foreign language requirement proposed an existential question to an Attorney who consulted with me recently.
    The 9089 stated "Yes" to the question, "H-13" which asks, "Is knowledge of a foreign language required to perform the job duties?" The questions continues, "If the answer to this question is 'Yes,' the employer must be prepared to provide documentation demonstrating that the language requirements are supported by business necessity."
    The question seems simple enough, however, in the case I am discussing, the Employer answered "Yes" but did not indicate any foreign language anywhere on the form. The documents in the record file also do not speak of any language requirement.
    I reviewed the case: the 9089, audit, response to audit, and denial, including the Notice of Filing, advertising, prevailing wage request and determination. To my surprise, I could not find any reference to the language requirement. In fact, I could not determine which foreign language the Employer required, or how, when or why it would be used.
    Not surprisingly, the DOL denied the application, but I why?
    The first basis for denial was that the advertisement did not contain the language requirement, and was therefore defective, since it did not apprise the workers with sufficient specificity about the job.
    This is certainly true, but I wondered whether, as a matter of law, a foreign language requirement must be stated in an advertisement.
    The PERM Rule requires travel requirements to be in the ad, but not foreign language requirements, to be in the ad, so I thought that using common sense (and if not, then the rules of statutory construction which is  common sense codified into law), one could come to the conclusion that if the regulations specifically require travel requirements to be advertised, and not foreign language requirements, then it could not be possible that an application can be denied for not having the foreign language requirement in the ads. If the agency had intended the inclusion of the foreign language requirement in the advertisement to be a requirement, then it would have so stated.
    The CO went on to deny the application for additional reasons, all having to do with the foreign language requirement, including the fact that the requirement was not in the NOF, the prevailing wage, the 30-day job order, etc.
    At first glance I thought that the DOL was probably right, but after thinking about this for several days, I came to the conclusion that the application should not have been denied for lack of the language requirement in the ad. 
    The DOL has long held (for public policy reasons) that if an employer does not include job requirements in the ad, there is no harm to US workers. In fact, the lack of requirements in the ad opens up the job to a wider pool of applicants, and it is the Employer wo may be prejudiced,  by an excessive number of unqualified applicants. The Employer would have to interview the referrals, and demonstrate why they are not able to perform the job duties. 
    In the present case, however, the only possible hint as to what kind of language requirement was needed is the fact that the Employer is the subsidiary of a French company in the U.S.
    I say hint, because the name of the company does not clearly convey that it is French. One would have to research on the internet or the corporate records to discover this fact.
    As the Employer's attorney explained, they answered "Yes" to the language requirement question, because the Employer thought that the (French?) language might be useful. Of course, anyone who has completed PERM 101 knows that an Employer may not couch preferences in terms of necessity, but leaving that aside, there was no other mention of a foreign language in any part of the PERM record file.
    This brings us to the next stage of our analysis. It seems that the requirement, as stated by the Employer, was not "perfected." By this, I mean that the statement of a foreign language was only indicated by the "Yes" answer to H-13, but the requriement was never defined. The Employer would have to complete or perfect the requirement, if any, by placing the specific language in the context of the job description, requirements, special requirements, or in some place on Form 9089 where the use and requirement of the language would be identified.
    In its current form, the foreign language requirement was not really a requirement, but an undefined fragment that at best stated an inchoate desire to include the requirement.
    I advised the Attorney for the Employer not to appeal but file a new application -- and this does seem to be the most expeditious way to handle the problem -- but I would also like to underscore that the DOL Denial (because the language requirement was not in the advertisement) is not in accordance with the regulations or policy of the Department of Labor, and that if the Employer wishes to appeal, it would be interesting to see how BALCA would decidethe case.
    One could argue to BALCA that the answer "Yes" was really harmless error, or no error at all, since the unidentified foreign language in H-13 was never implemented in the PERM application.
    The error could also be traced to the DOL, not the Employer, by arguing that the PERM form should prompt the Employer to state in a separate question, immediately following H-13, which language isrequired! Since the form does not require this to be stated, it seems that Employer made no genuine error by providing a partial response, and the application should have been approved, not denied. There was no prejudice to any US workers, and on the face of the application, there is no foreign language requirement at all!
  4. Utah Gets it: New Law to provide Work Authorization for Guest Workers

    by , 03-28-2011 at 06:20 AM (Matthew Kolken on Deportation And Removal)








  5. Hospitality Immigration - Birth Tourism, is it really happening?


    Birth Tourism is a hot topic right now. How do I know? Reporters keep calling me as well as other prominent Immigration Lawyers, asking about this topic with great interest.
    The latest story was covered by the daily. The Daily is new type of media exclusively created for the ipad and provides cutting edge news with amazing content delivery. You have to try it to appreciate.
    The latest story that I was part of is about Mothers coming to America to give birth. Millions of foreign tourists visit the United States every year, and a growing number return home with a brand new U.S. citizen in tow.

    Every year millions of foreign tourists visit the United States, and a growing number return home, after having given birth to a new baby. Eight percent of all babies born in the U.S. in 2008 were to illegal immigrant parents, according to a groundbreaking analysis of U.S. Census Bureau data by the Pew Hispanic Center. All of those children are U.S. citizens while their parents remain undocumented.
    Thousands of legal immigrants, who do not permanently reside in the United States but give birth here, have given their children the gift of citizenship, which the U.S. grants to anyone born on its soil.
    The number of U.S. births to non-resident mothers rose 53 percent between 2000 and 2010, according to the most recent data from the National Center for Health Statistics. Total births rose 5 percent in the same period. Among the foreigners who have given birth here, including international travelers passing through and foreign students studying at U.S. universities, are "birth tourists," women who travel to the United States with the explicit purpose of obtaining citizenship for their child.
    Catering to the women is a nascent industry of travel agencies and hotel chains seeking to profit from the business.
    Is this just a trend or a growing reality, share your thoughts with us.
    Read our commentary at the daily.com
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: