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  1. Jan 28 - Government Times


    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 28, 2011

    *
    http://www.ilw.com/immigrationdaily/digest/2011,0128.shtm
    ITEMS
    1. Comment: Government Times - Visa Wait Times from the State
    Department and Border Wait Times from CBP are among the various
    government times you can find from our Processing Times page.

    *
    http://www.ilw.com/govttimes/index.asp
    Of course, you can also get the latest Priority Dates, and both
    Service Center and District Office Processing Times. Bookmark
    this useful page and have the information available at your
    fingertips!
    2. Article: Plaintiff Lawyers in Demand for Corporate Commercial
    Cases by Larry Bodine

    *
    http://www.ilw.com/articles/2011,0128-bodine.shtm
    3. Blogging: DHS Plans Crackdown Against Smugglers In Central
    American by Jason Dzubow

    *
    http://www.ilw.com/articles/2011,0128-dzubow.shtm
    4. News: USCIS Reaches FY 2011 H-1B Cap

    *
    http://www.ilw.com/immigrationdaily/news/2011,0128-h1bcap.shtm
    5. News: CBP Issues Final Rule On Airports Of Entry Or Departure
    For Flights To And From Cuba

    *
    http://www.ilw.com/immigrationdaily/news/2011,0128-cuba.shtm
    6. Focus: PERM For Experts
    ILW.COM is pleased to announce "PERM For Experts" a 3-part
    telephone seminar series. Tuesday, February 1 is the deadline to
    sign up, the curriculum is as follows:
    FIRST Phone Session on February 2: Pre-Recruitment Issues
    ++Employer Registration with PERM (Legal name of company vs.
    d/b/a)
    ++Prevailing Wages and the economy (As process driver and
    important considerations - soc code, job zone, level; Drafting
    the job description with the wage, job zone, and employment
    category in mind; Timing of PW [wrt to start of recruitment or
    filing for PERM]; Ability to pay; Private wage survey Towers
    Watson [f/k/a WW], Radford, collective bargaining agreement,
    etc.; Validity of PW [Matter of Apollo Consulting]; Appeal of PW
    - is it worth it;
    ++Layoffs in company, industry, geographic region
    ++Business Necessity (Readiness to defend necessity;
    Documentation required; Tips to avoid audit; Business necessity
    for "cook" position - excessive experience, Matter of Robertos
    Mexican Food; Business necessity for BA + 3 for a "Senior
    Software Engineer" position, Matter of Wissen, Inc.
    ++Drafting the 9089 Form to avoid denials (Employee skill section
    and job requirements - must they mirror each other?; Everything
    must be included in the form, Matter of Moreta and Associates,
    Int.; Drafting form so that all required skills can be shown on
    job experience section; Ensuring that all employment verification
    letters, licenses, etc. are in the file prior to filing; No
    appeal for failure to follow direct instructions - the form
    requires all prior jobs that support the application; Alternative
    requirements - what is substantially equivalent [Global Net,
    Amendment of H-1B if "Dissimilar"])
    SECOND Phone Session on February 10: Recruitment Issues
    ++Professional or not (what to do in borderline cases; is
    Schedule A determinative?)
    ++Advertising media - Internal consistency - NOF, PERM, PW,
    Recruitment (Letter to publisher asking for ad to be placed and
    proof suggesting payment for ad, insufficient, Matter of Natural
    Nature, Inc.; BALCA Affirms Denial Finding Requirement in Ad Less
    Favorable Than ETA 9089; Ads listing requirement of background
    check not in notice or PERM form, less favorable, Matter of Noll
    Pallet & Lumber Co.; All additional advertisements must comply
    with 20 CFR 656.17(f) content requirements, Matter of Credit
    Suisse Securities
    ++Documenting recruitment (Job Order; Matter of Mandy Donuts;
    Screenshot of the SWA job posting, Matter of American Airlines;
    Internal Recruitment Program, Matter of Sanmina-Sci; Website
    posting (dated copies); Matter of Hawthorne Suites; Matter of
    EZChip; Signed recruitment report insufficient as proof that
    employer placed ads on its website or job search websites.
    Screenshots are required, Matter of Transatlantic Systems, Inc.;
    Professional journals; The ten options)
    ++Notice of Filing ("Offered wage" Matter of O'Brien & Van
    Stiphout; Matter of Alum-A-Lift; Timing - Ten business days,
    document that company is open during holidays/weekends. "Business
    days" for purposes of the notice requirement under 20 CFR
    656.10(d)(1)(ii), Matter of Il Cortile Restaurant; Name of
    business - fatal to application in Matter of Robert Venuti
    Landscaping
    ++Job applicants (Documentation; Contacting; Interviews;
    Results of Recruitment)
    ++Recruitment Report (Content and backup documents)
    THIRD Phone Session on March 10: Post-Recruitment Issues
    ++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, February 1 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.
    7. Headline: Illegal_hiring could cost businesses $25K a day

    *
    http://ow.ly/3M03X
    8. Headline: Immigration ReformBills find critics, supporters

    *
    http://ow.ly/3LZVC
    9. Headline: NewHaven Bakery Owner Pleads Guilty To Employing

    IllegalAliens
    http://ow.ly/3LYkt
    10. Headline: Trumpeted ICE Program for Catching Illegal
    Immigrants May Not Include Some Worrisome Suspects

    *
    http://ow.ly/3LY9U
    11. Headline: A call to action on immigration: Local
    religiousLeaders hopeful for reform, despite political climate

    *
    http://ow.ly/3LY5Z
    12. Headline: 33 Arrested on Illegal Immigrant Charges

    *
    http://ow.ly/3LXUp
    13. Headline: Lawmaker Dials Down Rhetoric in Immigration Talks

    *
    http://ow.ly/3LXRw
    14. Headline: Immigration Voice: President's Vision on

    Immigration "in the Right Direction"
    http://ow.ly/3LXGx
    15. Headline: Ariz. bill takes on birthright citizenship

    *
    http://ow.ly/3LXDd
    16. Headline: Arizona Drops the Anchor on 'AnchorBabies'

    *
    http://ow.ly/3LXvW
    17. Headline: USCIS: H1B cap is hit!
    http://ow.ly/3LEFn
    immigration
    18. Headline: Don't be left out Get listed! Sign up for ILW.COM

    Attorney Yellow Pages at
    http://ow.ly/3z000
    19. Headline: Anti-business GOP wants to hound employers

    *
    http://ow.ly/3LxGy immigration
    20. Headline: BREAKING: Immigrant youth to be banned from

    colleges
    http://ow.ly/3LwIR
    21. Headline: Tax Compliance for Immigrants and Employers: The
    Lawyer's Complete Guide. Don't wait! Get your copy today

    *
    http://ow.ly/3yZZ1
    22. Headline: Akin Gump Partner Strays Off Reservation

    *
    http://ow.ly/3LmtO
    23. Headline: RT @msecimmigration: An interesting take on the

    IMAGE program:
    http://bit.ly/gBJGBy ICE Employer immigration
    enforcement
    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
    Washington, DC - Immigration law firm

    *
    http://www.immigrationgroup.com
    in the K Street area of Downtown Washington seeks associate
    attorney. Ideal candidate will have 2-3 years experience in
    business/family immigration law, with an emphasis on AOS, H1B, L1
    and PERM filings. Interesting work and clientele; no timesheets;
    latest technology; competitive salary and benefits (401K
    w/employer match, health insurance, paid vacation, etc).
    Successful applicants will have broad knowledge of immigration
    law and procedures; be detail-oriented; able to handle volume;
    highly organized and strong communicators. Please email resume,
    cover letter, writing sample and salary requirements, in

    confidence, to
    mailto:jobs@immigrationgroup.com. No calls please.
    EOE.
    2. Help Wanted: Immigration Paralegal
    Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo,P.C.

    *
    http://www.mintz.com
    seeks immigration legal assistant who will report to immigration
    section manager and supports immigration attorneys. Prepare H-1B,
    L-1, O-1, TN, and E-1/E-2 visas and PERM application; file
    business and employment-related immigration documentation under
    supervision of attorneys; extensive communication with clients
    and government agencies; assist on
    special projects as assigned. Bachelor's degree and 3+ years
    business immigration experience required; excellent customer
    service skills; strong communication skills; must be organized,
    detail oriented, responsive and have excellent follow through
    skills; multi-task and work independently; strong sense of
    accountability and ownership of projects; ability to prioritize
    workload effectively; flexibility to work overtime when

    necessary. Please send resume to
    mailto:mlhr@mintz.com.
    3. Help Wanted: Immigration Paralegal
    New York, NY - Midtown Manhattan Immigration Law Firm

    *
    http://www.law-immigration.com
    seeks experienced paralegal. Must have 2+ years of experience
    with non-immigrant visas (primarily O & P, H/L/E visas) as well
    as other business immigration matters. Please e-mail resume,
    references and writing sample to:

    *
    mailto:jgabel@law-immigration.com
    4. Website Services
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    To place a classifieds ad in Immigration Daily, see here

    *
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    _________________________________________________________________
    ReadersWrite
    1. ReadersWrite: Yesterday's Discussion

    *
    http://blogs.ilw.com/immigrationdaily/2011/01/27_letters_this_week.html#comments
    2. ReadersWrite: Today's Discussion

    *
    http://blogs.ilw.com/immigrationdaily/2011/01/28_government_times.html#comments
    To submit an Article for consideration, write to

    *
    mailto:editor@ilw.com
    _________________________________________________________________
    ComingsNGoings
    ComingsNGoings: Immigration Event February 3 - The USCIS Office
    of Citizenship and Office of Public Engagement invites any
    interested individuals to participate in a teleconference meeting
    regarding the Fiscal Year 2011 Citizenship and Integration Grant
    Program. If you plan to participate, please email the Office of
    Public Engagement no later than Wednesday, February 2, 2011.
    Emails can be sent to public.engagement@dhs.gov. Please reference
    the following in the subject line of your email: "Grants -
    Phone."
    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://vip.ilw.com
    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. Jan 27 - Letters This Week

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------

    January 27, 2011

    http://www.ilw.com/immigrationdaily/digest/2011,0127.shtm

    ITEMS

    1. Comment: Letters This Week - This week we received letters
    from Don Miller and Julie Cole. You can read them and comment on
    them here.
    http://blogs.ilw.com/immigrationdaily/2011/01/24_sotu.html#comments
    Alternatively you can email your letters to mailto:editor@ilw.com

    2. Article: H1B and H-4 Visa Applications in India Plagued by
    221(g) Refusals: Part 1 by Sheela Murthy et al.
    http://www.ilw.com/articles/2011,0127-murthy.shtm

    3. Article: "A Toxic Anti-Hispanic Environment": Rep. Lamar
    Smith's Immigration Record by Chris Harris
    http://www.ilw.com/articles/2011,0127-harris.shtm

    4. Article: Don't Procrastinate, Prioritize - And Get Help by Ed
    Poll
    http://www.ilw.com/articles/2011,0127-poll.shtm

    5. Bloggings: Nominate Someone For The Freedom From Fear Award by
    Greg Siskind
    http://www.ilw.com/articles/2011,0127-siskind.shtm

    6. Bloggings: 55,000 Green Cards for Employment-Based Immigrants
    by Carl Shusterman
    http://www.ilw.com/articles/2011,0127-shusterman.shtm

    7. News: USCIS Announces Office Closings Due To Inclement Weather
    http://www.ilw.com/immigrationdaily/news/2011,0127-uscis.shtm

    8. News: ICE Updates SEVP Approved Schools List
    http://www.ilw.com/immigrationdaily/news/2011,0127-sevp.pdf

    9. News: EOIR Announces the 10th Anniversary of the
    BIA Pro Bono Project
    http://www.ilw.com/immigrationdaily/news/2011,0127-eoir.pdf

    10. News: USCIS Memo On Eligibility of National Guard Members To
    Naturalize Under Section 329 of INA
    http://www.ilw.com/immigrationdaily/news/2011,0127-memo.pdf

    11. News: CRS Report On Immigration Policies And Issues On
    Health-Related Grounds For Exclusion
    http://www.ilw.com/immigrationdaily/news/2011,0127-crs.pdf

    12. Focus: New Clients, Increased Visibility, Web Traffic
    Established in 1996, our Immigration Yellow Pages is searched by
    our 200,000+ unique site visitors each month - generating new
    leads for your practice, 24 hours a day, 7 days a week. For
    beginning immigration practitioners, ILW.COM Yellow Pages
    listing can help jumpstart your marketing efforts. Long-time
    practitioners find ILW.COM Yellow Pages listing an effective way
    to generate traffic to their website and keep their firm name in
    front of corporate prospects and individual prospects.

    13. Headline: RT @P1Lal POTUS Kills Comprehensive Immigration
    Reform Strategy in SOTU http://bit.ly/ggctu2
    14. Headline: RT @therightbistro RT @slone: END BIRTHRIGHT
    CITIZENSHIP! 4 immigrants' children is necessary solution 2
    secure border http://bit.ly/fZKiUD
    15. Headline: RT @rickdunham Latino ally defends John Cornyn
    after senator given 'biggest hypocrite' award on immigration
    http://nblo.gs/dx74B
    16. Headline: A University of Arkansas deportation dilemma.
    detained while visiting his mother. http://ow.ly/3Li5k
    17. Headline: A Teacher Reflects on the State of the Union
    Address. obama's perfect future can't be reached without
    education dreamact http://ow.ly/3Li1u
    18. Headline: DREAMAct Supporters Look into Plan B
    http://ow.ly/3Li0u
    19. Headline: Russian immigration lawyer charged with fraud.
    http://ow.ly/3LhZ0
    20. Headline: Immigration Bill = unconstitutional
    http://ow.ly/3LhX2
    21. Headline: Obama's Empty Words on Immigration
    http://ow.ly/3LhVn
    22. Headline: Church Group Opposed to New Immigration Proposal
    Affecting Babies http://ow.ly/3LhUg
    23. Headline: US cracksdown on undocumented immigrant workers
    http://ow.ly/3LhR9
    24. Headline: Officials fear being sued under status law
    http://ow.ly/3LhPQ
    25. Headline: 9-year-old Brisenia Flores begged the border
    vigilantes who had just broken into her house, "Please don't
    shoot me." http://ow.ly/3KUbF
    26. Headline: Want to be seen? Get on our homepage. Improve
    search engine ranking, increased name recognition and referrals.
    Sign up at http://ow.ly/3yZYs
    27. Headline: Learn abt removal proceedings, relief from removal,
    appeals & much more. For table of contents & get copy
    http://ow.ly/3yZXI
    28. Headline: RT @ED_Outreach Obama closes education section with
    call for DREAMAct: We're sending talent back home. It makes no
    sense.
    29. Headline: RT @DreamAct Los Angeles Continues Crackdown on
    Immigrant Rights Supporters http://chn.ge/hieko3 (via @P1Lal)
    30. Headline: RT @Jethro_Aryeh: Why the Immigration DREAM Act Is
    Good for Everyone - By Vayumedia| http://bit.ly/hdWIYN
    31. Headline: RT @MicEvHill See the Homeland Security panel's
    oversight plan, which contains many immigration & border
    references: http://bit.ly/hbh6Dt
    32. Headline: RT @ExploreHomeland Obama calls for real
    immigration reform in SOTU. Can this congress work together to
    pass meaningful reform?

    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
    Washington, DC - Immigration law firm
    http://www.immigrationgroup.com
    in the K Street area of Downtown Washington seeks associate
    attorney. Ideal candidate will have 2-3 years experience in
    business/family immigration law, with an emphasis on AOS, H1B, L1
    and PERM filings. Interesting work and clientele; no timesheets;
    latest technology; competitive salary and benefits (401K
    w/employer match, health insurance, paid vacation, etc).
    Successful applicants will have broad knowledge of immigration
    law and procedures; be detail-oriented; able to handle volume;
    highly organized and strong communicators. Please email resume,
    cover letter, writing sample and salary requirements, in
    confidence, to mailto:jobs@immigrationgroup.com. No calls please.
    EOE.

    2. Help Wanted: Immigration Paralegal
    Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo,P.C.
    http://www.mintz.com
    seeks immigration legal assistant who will report to immigration
    section manager and supports immigration attorneys. Prepare H-1B,
    L-1, O-1, TN, and E-1/E-2 visas and PERM application; file
    business and employment-related immigration documentation under
    supervision of attorneys; extensive communication with clients
    and government agencies; assist on
    special projects as assigned. Bachelor's degree and 3+ years
    business immigration experience required; excellent customer
    service skills; strong communication skills; must be organized,
    detail oriented, responsive and have excellent follow through
    skills; multi-task and work independently; strong sense of
    accountability and ownership of projects; ability to prioritize
    workload effectively; flexibility to work overtime when
    necessary. Please send resume to mailto:mlhr@mintz.com.

    3. Help Wanted: Immigration Paralegal
    New York, NY - Midtown Manhattan Immigration Law Firm
    http://www.law-immigration.com
    seeks experienced paralegal. Must have 2+ years of experience
    with non-immigrant visas (primarily O & P, H/L/E visas) as well
    as other business immigration matters. Please e-mail resume,
    references and writing sample to:
    mailto:jgabel@law-immigration.com

    4. Help Wanted: Immigration Paralegals
    Boston, MA - Multiple positions (junior and senior) will
    participate in all aspects of the Seyfarth Shaw LLP
    http://www.seyfarth.com
    Boston office national Business Immigration practice, including
    assisting in the management of client relationships, preparing
    employment-based nonimmigrant and immigrant petitions, including
    PERM processing, case preparation, and serving as primary contact
    to numerous prominent clients.  Our clients include Fortune 500
    corporations, major academic and medical institutions, and
    performing artists.  Applicants must be able to work in a fast-
    paced, deadline-driven environment, and communicate effectively
    with clients and governmental agencies.  Qualified applicants
    must possess a Bachelor's degree and between 2 to 5 years of
    business immigration experience.  Salary is commensurate with
    experience. Resumes can be sent to mailto:mbyam@seyfarth.com.

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    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/2011/01/26_hot_air.html#comments

    2. ReadersWrite: Today's Discussion
    http://blogs.ilw.com/immigrationdaily/2011/01/27_letters_this_week.html#comments

    To submit an Article for consideration, write to
    mailto:editor@ilw.com
    _________________________________________________________________
    ComingsNGoings

    ComingsNGoings: Immigration Reading Getting Ahead: Social
    Mobility, Public Housing, and Immigrant Networks, By Silvia
    Dominguez, NYU Press, 288 pp., Hardcover, ISBN: 0814720773,
    $44.55
    http://www.amazon.com/exec/obidos/ASIN/0814720773/

    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

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  3. TEA PARTY SENATORS INTRODUCE BIRTHRIGHT CITIZENSHIP BILL

    by , 01-28-2011 at 11:49 AM (Greg Siskind on Immigration Law and Policy)
    Rand Paul (R-KY) and David Vitter (R-LA) have introduced a bill to amend the US Constitution to restrict citizenship to those born to US citizens or permanent residents. If you claim bigotry, you'll be shouted down as hysterical, but why do the most virulent anti-immigration moves in Congress tend to come from white Southerners? Have immigrants raplaced blacks as the targets because blatant racism is so politically incorrect today while immigrant bashing is still okay? For those who think I'm imagining things, look at the votes on the recent comprehensive immigration reform measures and you'll see that the anti-immigrant votes come overwhelmingly from southerners. Sure there are antis outside the South. But when you get down to counting votes, there is no part of the country that is so overwhelmingly anti-immigrant (at least when it comes to white members of Congress).
  4. H-1B CAP HAS BEEN REACHED

    by , 01-28-2011 at 07:04 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo

    Last night the USCIS reported the H-1B cap has been reached for this fiscal year. Accordingly, the USCIS will not accept H-1B cap-subject Petitions. The next H-1B cap season begins on April 1, 2011, with start dates of October 1, 2011.

    Please keep in mind that international workers who are working in the U.S. on an H-1B visa with another H-1B employer ordinarily are not subject to H-1B cap. These cases are commonly referred to as "transfer" cases and may be filed at any time throughout the year.

    In preparation of the next H-1B cap season, MU will be holding a free teleconference for our clients. The agenda for this teleconference includes:

    1. H-1 Cap 2011 - analysis
    2. H-1 Cap 2012 - a look ahead and projections
    3. Discussion of the new Form I-129
    4. Update on USCIS Site visits and DOL Audits
    5. Strategy session: H-1B Dependent employers
    6. MU's 5 Big Things to Stay Compliant!
    7. BONUS - MU's 3 Even Bigger Things to Stay Compliant!!

    If you are an MU client and interested in participating on this call, please email Jeana to register.
     
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  5. And from President Obama's other face, another honor student faces deportation

    by , 01-28-2011 at 06:52 AM (Matthew Kolken on Deportation And Removal)
    I just read on Prerna Lal's blog that another DREAMer is falling victim to President Obama's 400,000 per year deportation machine.
    Jonathan Chavez came to the United States legally when he was a child as a derivative to his parents' working visas.   He grew up in Arkansas and graduated from high school with a 4.0 average, singing solos in his church choir.  He now attends the University of Arkansas Honors College.

    Jonathan was recently picked up by immigration officers on a trip home from school to visit his parents, both who have lawful status in the United States.  Unfortunately, Jonathan doesn't. Now he is behind bars in ICE custody, and faces deportation to a country that he doesn't know, and that is not his home.  
    Just so we are perfectly clear, Jonathan ISN'T an "anchor baby".  Just the opposite.  His parents have lawful status in this country.  They have NOTHING to gain from an immigration perspective should he be granted lawful status in the United States, so take that right out of the equation.  
    President Obama spoke just this week in the State of the Union about how our immigration laws need to be changed so kids just like Jonathan do not fall victim to our draconian immigration laws, and yet three days after the President spoke these words another young and hopeful child's life is being destroyed by this man's deportation policies.  The end result is that two parents will have their child taken from them.
    Many people say that the President must enforce our immigration laws.  This is true. That being said the President and his administration have it in their authority to exercise prosecutorial discretion as to who they chose to deport.  Make no mistake about it, this President's administration has chosen to deport Jonathan.  
    The deportation process goes like this.  An individual is encountered by immigration officials who may question the individual's status in the United States.  Should they have reason to believe that someone doesn't maintain lawful status they may elect to institute immigration court proceedings through the creation of a document called a Notice to Appear (NTA).  The NTA contains the reasons why an individual is suspected as being deportable, and the section of law that authorizes the deportation.
    Once the NTA is created it is typically given to government lawyers (Assistant Chief Counsel) to review prior to the NTA being filed with an immigration court.  These lawyers determine if the immigration officers have properly issued the Notice to Appear, and if the institution of immigration court proceedings is warranted.  Once the "ok" is given by the lawyers, the Notice to Appear is filed with an Immigration Court, who then has the sole authority to determine whether the individual should be deported.
    Point being, there are multiple steps that must occur prior to deportation proceedings being instituted, and at any point the Government may elect not to move forward with deportation.  In all fairness the deportation officers who encounter people like Jonathan are just doing their job.  They are not the enemies here, and should not be treated as such.  Moreover, the immigration lawyers  who prosecute the deportation cases are also just doing their job.  They have superiors to answer to and policy guidelines that dictate how cases should be handled.  
    So who should we blame?  Who do you think?
    President Obama's administration has issued policy guidelines that have established record breaking deportation quotas that have resulted in more people being deported since Obama took office than at any other time in the history of the United States.  This is where the Obama administration is failing people like Jonathan.
    If you want to place blame, the only place you need to look is the top of the food chain.  President Obama has it in his power to issue policy guidelines that strongly encourages lawyers under his charge to favorably exercise prosecutorial discretion by not instituting deportation proceedings against DREAM Act eligible children who are attending school, have no criminal records, and but for the fact that they were not born in this country are as American as apple pie.
    Our President chooses not to.
    This is the problem with this President.  He reads all the right things from the teleprompter when a microphone is in front of him.  He says that he is a friend to immigrants, and his rhetoric is very convincing.  President Obama's actions, however, are in stark contrast to his empty yet syrupy words.  
    So you ask, is there anything we can do about it.  The answer is yes.  In my experience the only way to make this President's action match up to his words is to embarrass him.  We must remain as vocal as humanly possible about what this administration is doing to children like Jonathan Chavez.  We must sign petitions, and write blogs, attend protest rallies, and scream at the top of our lungs that deporting promising and hard working children is simply not acceptable.
    Most of all, we must tell this President that he has two VERY short years to turn things around, because if he doesn't he will be back in the private sector doing what he does best... community organizing alongside us.
    PLEASE sign this petition and help embarrass this President into doing the right thing by stopping the deportation of Johnathan Chavez.  Forward the link to all of your friends and implore them to do the same... and most of all don't give up hope because if we scream loud enough they will hear our voices, and the "Change" we were promised may actually become a reality.
     
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