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Two biggies today. John Morton, a career prosecutor with experience in immigration enforcement at the Department of Justice was named by President Obama to head up Immigration and Customs Enforcement (ICE). More interesting to me is the appointment by DHS Secretary Janet Napolitano of Esther Olavarria as the Deputy Assistant Secretary for Policy. The pro-immigration community should be cheering loudly over Esther's appointment. She worked closely with Senator Ted Kennedy for a decade fighting for immigrants and she was one of the major architects of the comprehensive immigration reform efforts of recent years. I have no doubt Ms. Olavarria was appointed because the President and Secretary Napolitano are quite serious about designing and pushing a major immigration reform package and also making sure it is effectively implemented by DHS. Here's a little more about Esther's background:Esther Olavarria brings nearly 20 years of experience on immigration
policy to her new job at the Department of Homeland Security. Most
recently, she was a Senior Fellow and Director of Immigration Policy at
the Center for American Progress, where she was responsible for
planning, developing and administering the organization's work on
immigration issues, with a principal focus on policy and advocacy
strategies on comprehensive immigration reform; planning and convening
roundtables and other venues for discussion, and conducting research
and write on immigration issues.
Prior to that, for nearly ten years, she was Counsel to Sen. Edward
Kennedy and the Judiciary Committee's Subcommittee on Immigration,
Border Security and Refugees. In that capacity, she served as Senator
Kennedy's chief counsel on immigration, border security, refugee and
nationality matters, working on myriad immigration proposals, including
comprehensive immigration reform.
She has also served as the Managing Attorney of the Florida
Immigrant Advocacy Center, Directing Attorney of the American
Immigration Lawyers Association Pro Bono Project, and staff attorney at
the Haitian Refugee Center, all based in Miami, Florida.
Finnish-born Harri Kulovaara is designing what will be the largest cruise ship in the world when it is completed later this year. Royal Carribean's Oasis of the Seas will carry 6,300 passengers, 2,000 more than any other ship. The ship is unusual in that it is divided in to two halves, each with a six story tower of cabins with enough space between the two towers to fit a football-field sized park. And there are many other features that make this ship more of a city than a boat.
-----------------IMMIGRATION DAILY FROM ILW.COM------------------
February 24, 2009
Items:1.* Comment: CRS Reports2.* Focus: Tuesday Is Deadline For I-9 Update3.* Articles:*** (a) A Refresher And Follow Up Look At The Case Of*** DerKevorkian v. Lionbridge Techs, Inc. by John Rotterman,*** Esq.*** (b) US-Mexico Border Policy Report by Fernando Garcia et. al*** of Border Network For Human Rights*** (c) Bloggings On PERM Labor Certification by Joel Stewart4.* News:*** (a) USCIS Final Rule On US Armed Forces Employment*** Verification5.* Classifieds:*** (a) Position Sought*** (b) Help Wanted: Immigration Attorney*** (c) Help Wanted: Immigration Attorney*** (d) Expert Witness Services*** (e) J-1 Visa Program6.* Headlines:*** (a) The Two Faces Of DHS Secretary Napolitano*** (b) Immigration Crackdown Written Into The New Stimulus Law*** Will Damage New York's Financial Sector*** (c) Prayer Vigil Focuses On Immigration Reform*** (d) Taking A Stand For Legal Immigration7.* ComingsNGoings:*** (a) New Website - CLINIC8.* Letters From:*** (a) Roger Algase, Esq.*** (b) John Henderson*** (c) Sergi Sheplov
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|Books On Immigration Law: http://www.ilw.com/store/Immigration Law Seminars: http://www.ilw.com/seminars/Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtmAdvertise: http://www.ilw.com/corporate/advertise.shtm|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|_________________________________________________________________1.* COMMENT
All CRS reports featured on ILW.COM can be found on our CRSReports page.http://www.ilw.com/immigdaily/news/crs.shtmCRS reports from the Congressional Research Service are in-depthand scholarly, unlike GAO and OIG reports which focus primarilyon budget and fraud issues, respectively. CRS reports areintended for Congressional representatives and their staffers,and are not easily obtainable, unlike GAO and OIG reports whichare available to the public on a variety of government websites.We are pleased that CRS reports on immigration are available onILW.COM on a handy page that you may wish to bookmark.http://www.ilw.com/immigdaily/news/crs.shtm
We welcome readers to share their opinion and ideas with us bywriting to mailto:email@example.com._________________________________________________________________2.* FOCUS
Tuesday Is Deadline For I-9 Update
Tuesday, Feb 23rd is the deadline for the I-9 Update session ofthe 3-part telephone seminar "Employer Sanctions For Experts"(speakers: Angelo Paparelli, Don Crocetti, Laura Danielson,Bonnie Gibson, Douglas D. Hauer, John Quill, Batya SchwartzEhrens and others to be announced). The curriculum is as follows:
++ Key Changes in the New I-9 Form and New DHS Regulation++ E-Verify Mandates That Change the I-9 Process++ Paper-Based versus Electronic I-9s - Pros and Cons++ Employer Self-Audits and Attorney Audits - Practical and LegalConcerns++ Employer Compliance Policies and Raid-Readiness Precautions++ Constructive Knowledge:* Beyond No-Match Concerns
Don't wait to register. Tuesday, Feb 23d is the deadline! Formore info, including speaker bios, detailed curriculum, andregistration information, please see: Online:http://www.ilw.com/seminars/200903.shtm Fax form:http://www.ilw.com/seminars/200903.pdf_________________________________________________________________3.* ARTICLES
(a) A Refresher And Follow Up Look At The Case Of DerKevorkian v.Lionbridge Techs, Inc.
John Rotterman, Esq. writes "Over two years later, on December 3,2008, the 10th Circuit remanded and now DerKevorkian may lose allof those damages."http://www.ilw.com/articles/2009,0224-rotterman.shtmhttp://www.hammondlawfirm.com/
(b) US-Mexico Border Policy Report
Fernando Garcia et. al of Border Network For Human Rights write"This report is the culmination of years of effort among borderleaders to provide local law enforcement, government andcommunity expertise to thenational debate over immigration policy and border security."http://www.ilw.com/articles/2009,0224-fernando.pdfhttp://www.bnhr.org/
(c) Bloggings On PERM Labor Certification
Joel Stewart writes " ... the Project Manager has been quietlyand discreetly removed from the list of available jobopportunities for description of job functions and titles fortemporary visas and/or labor certification."http://www.ilw.com/articles/2009,0224-stewart.shtmhttp://blogs.ilw.com/joelstewart
To submit an Article for consideration, write tomailto:firstname.lastname@example.org_________________________________________________________________4.* NEWS
(a) USCIS Final Rule On US Armed Forces Employment Verification
USCIS published notice of a final rule in the Federal Register onthe employment authorization and verification of aliens enlistingin the Armed Forces, effective February 23, 2009.http://www.ilw.com/immigdaily/news/2009,0224-armed.shtm_________________________________________________________________5.* CLASSIFIEDS
(a) Position SoughtJD, with 10 years experience in business immigration, availableto draft and consult on complex RFE responses, MTR's, EB-1 (allsubcategories), EB-5, E-1, E-2, H-1B, L-1, O-1, NIW, PERM and TNmatters on a project basis. Additional specialization ininadmissibility waivers, paralegal training programs, and legalresearch.* Competitive hourly or flat fees.* References availableupon request.* Please contact mailto:email@example.com additional details.
(b) Help Wanted: Immigration AttorneyRedmond, WA - Are you ready to make a significant impact on anindustry leader? Would you like to have the ability to contributeto the success of many businesses and products in the technologyarena as well as make a positive impact on individuals and theirfamilies' lives? If you do, come join us at Microsoft as a USImmigration Attorney. We are a diverse and global company thatmakes a significant positive impact on 600 million plus customersworldwide. The Microsoft Corporation Legal & Corporate AffairsGlobal Migration department plays an integral role in helpinghiring managers and recruiters hire and on board the best andbrightest. If you are ready to make a difference and learn andgrow in the US Immigration arena, we offer an opportunity like noother. This position requires excellent academic credentials, 4-6years experience in all NIV business visas, labor certifications,and other business-related immigration matters. Strong casemanagement, customer facing, communication and writing skillsrequired. Full relocation package offered. To view detailed jobdescription and apply, see here.http://members.microsoft.com/careers/search/details.aspx?JobID=B54F3F7B-A49E-47CB-90F7-C40C7AEB8481&start=1&interval=10&SortCol=DatePosted&SortOrder=Des
(c) Help Wanted: Immigration AttorneyBeverly Hills, CA - Busy immigration law firm has immediateopening for experienced, hard-working and creative self-starter.Candidate must be able to thrive in challenging, trial-orientedenvironment where deadlines are critical, must be active barmember (any jurisdiction), and have experience in handlingnonimmigrant business and/or NIV visas and consular practice,PERM, family, removal proceedings, as well as BIA and CircuitCourt Appeals, and federal litigation. Must have following:demonstrate quick analytical ability and facility to articulatecritical issues in case; have superior oral and writing skills,strong research and interpersonal skills, and good judgment;possess excellent courtroom skills and exhibit ability to work inprofessional manner with others, demonstrate computer literacyskills. Expected to do own legal research and writing and to besubstantially self-sufficient in preparing day-to-daycorrespondence/pleadings. Occasional travel required; bilingual aplus, but not essential (spanish or korean) No relocationreimbursement. Send cover letter, resume, + writing sample (max.10 pps. in MS Word or Adobe PDF format) tomailto:firstname.lastname@example.org.
(d) Expert Witness ServicesMuslim World Experthttp://www.muslimworldexpert.comDr. Shaul M. Gabbay is pleased to offer expert testimony onimmigrants from Muslim countries/societies, including the formerSoviet Union (USSR). I have testified in 150+ Immigration Courtcases nationwide (asylum, cancellation of removal) and to USCIS(asylum interviews, hardship waivers) with very high successrates. For more info, including detailed biography + testimonialsfrom lawyers who have worked with me in the past, see:http://www.muslimworldexpert.comPlease contact me with any additional questions: Dr. Shaul M.Gabbay, Muslim World Expert, Josef Korbel School ofInternational Studies, University of Denver, Denver, Colorado,mailto:email@example.com, (303) 871-2560. For countries outside ofmy expertise, I may be able to recommend an expert in that area.
(e) J-1 Visa ProgramDiscover the ease and flexibility of the J-1 Trainee visa withAIESEC United States. For 50 years, AIESEC U.S.http://www.aiesecus.orghas offered foreign nationals the opportunity to grow bothpersonally and professionally by sponsoring exchange visitortraineeships. Enjoy unparalleled customer service, including in-depth guidance on J-1 Trainee visa regulations and the changeseffective July 2007. We also offer logistical and culturalreception services in locations nationwide. Expect a 24-48 hr.application processing time. The J-1 Trainee visa can be used forindividuals to participate in training programs in the followingfields: information media and communications, education, socialsciences, library science, counseling and social services,management, business, commerce and finance, the sciences,engineering, architecture, mathematics and industrialoccupations, public administration, and law. Attorneys interestedin learning more about AIESEC United States and the J-1 Traineevisa, please email Melany Hamner: mailto:firstname.lastname@example.org._________________________________________________________________6.* Headlines
(a) The Two Faces Of DHS Secretary Napolitano
Illegal Immigration critics are complaining that Arizona's formergovernor, now Secretary of Homeland Security, played politicswhen she announced a state of emergency during the BushAdministration in response to illegal aliens and then she vetoeda new bill that would aid law enforcement in curtailing rampantillegal immigration.
(b) Immigration Crackdown Written Into The New Stimulus Law WillDamage New York's Financial Sector
An immigration crackdown written into the new stimulus law willdamage New York's financial sector - and must be repealedimmediately.
(c) Prayer Vigil Focuses On Immigration Reform
Humanity and compassion must be the twin components of anyimmigration reform if it is to succeed, according to leaders atan interfaith prayer vigil held yesterday at Community UnitedMethodist Church in Massapequa.
(d) Taking A Stand For Legal Immigration
The founder of the Minuteman Project is heading to Harvard laterthis month to debate the issue of illegal immigration.
For links to the above stories see here:http://www.ilw.com/immigdaily/digest/2009,0224.shtm#Headlines_________________________________________________________________7.* ComingsNGoings
Readers can share professional announcements (up to 100-words atno charge), email: mailto:email@example.com. To announce your event,see here http://www.ilw.com/corporate/media_sponsor.shtm
(a) New Website - CLINICThe Catholic Legal Immigration Network (CLINIC) is pleased toannounce the launch of its new website. We have worked hard todesign a site that is user-friendly, and we are sure that youwill like it. www.cliniclegal.org. 415 Michigan Ave NE,Washington DC 20017, firstname.lastname@example.org._________________________________________________________________8.* LETTERS
Readers can share comments, email: mailto:email@example.com* (up to300-words). Past correspondence is available in our archiveshttp://www.ilw.com/immigdaily/archives.shtm
(a) Dear Editor:Several ID letters have expressed outrage over my letters' (ID2/19/09 and ID 2/20/09) suggestion that the fact that 31/35current visa waiver countries are in Europe (plus Australia andNew Zealand) might have something to do with race. However, theirarguments are barely comprehensible. Honza Prchal's letter (ID2/23/09) alleges that Turkish tourists have a better reputationin Europe and the Middle East than Saudi tourists (even thoughSaudis may be able to afford bigger tips than "impecunious"Turks). What does this have to do with the US visa waiverprogram? Paul Good's letter (ID 2/23/09) claims that, from hisown experience in Thailand recruiting high school students for anexchange visitor program in the US, every single one of thereturning students was "planning/scheming" to immigrate to the USand that some of them actually did, even though it took years. Inother words, his letter seems to be saying that these studentsreturned to Thailand, subsequently applied to become immigrantsto the US and then waited patiently for years to receive theirimmigrant visas, all as required by law. How could America everimagine granting visa waiver privileges to people from such alaw-abiding country? In contrast to the above confused arguments,Gregory W. Christian's letter (ID 2/20/09) clearly points out ourshameful discrimination against Haitian immigrants. His lettermight also have added that President Clinton first used the USCoast Guard to blockade Haiti in order to stop desperate refugeesfrom fleeing the Duvalier dictatorship (before he finally invadedHaiti and removed Duvalier). Haitians caught at sea trying toflee their country are still being sent back. And race hasnothing to do with immigration? That (to paraphrase Mr. Prchal'sletter) is the most "risible" statement of all.Roger Algase, Esq.* New York, NY
(b) Dear Editor:Regarding the alleged traumitized children of criminals arrestedby the Maricopa County Sheriff's office (02/20/09 ID); therewould be no traumitized children if their parents obeyed the law.But I guess that is too much to be expected of immigrants whobelieve that they have a right to break the law.John Henderson
(c) Dear Editor:It is rather interesting how a Comment (02/20/09 ID) in supportof humane treatment of undocumented families seems to alwaysresult in a heavy day of bashing. The incident in question no onewould argue was a legitimate police stop. The police when theystop a non-hispanic typically don't get into citizenshipquestions. What comes after for this family is the real question.The family will not be able to find her for several days becausethere is no information system in place to provide thisinformation. Once in detention she will be mixed with the generalcriminal population so she is at risk there. If her family islucky enough to find her before she is deported they can possiblyvisit her through the glass but not touch her. This may require a10-14 hour round trip to some remote detention center. When shefinally is deported her family will not be informed and she willreturn to the streets of her home country peniless since DHSdoesn't let the family leave money, credit cards or cell phones.Sadly many of the children who are faced with this are leftbehind for weeks or months, and so many are US Citizens.Regardless of what you think of birthright citizenship in itscurrent state this leaves our Police complicit in a taudryaffair. The law allows for prosecutorial discretion and this isthe place it should be used. Creating hardship for US Citizenchildren should not be a goal of our law enforcement officials.Sergi Sheplov_________________________________________________________________The first daily in the field of immigration. Forward this to acolleague!
Publisher: Sam Udani** Legal Editor: Michele Kim** ISSN:1930-062X
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"You only think I guessed wrong! That's what's so funny! I switched
glasses when your back was turned! Ha ha! You fool! You fell victim to
one of the classic blunders! The most famous is never get involved in a
land war in Asia, but only slightly less well-known is this: never go
in against a Sicilian when death is on the line! Ha ha ha ha ha ha ha!
Ha ha ha ha ha ha ha! Ha ha ha..."Vizzini, from The Princess Bride Aside from not getting involved in a land war in Asia (I think the US has found that out a few times in the last few decades), another classic blunder is starting a trade war when your country is in a recession (or, day I utter the word, depression). The knee jerk reaction to cut of imports of goods to save your domestic manufacturers or barring from workers to protect your domestic labor market may feel good. But they have the complete opposite effect of what is intended. They invite retaliation which kills leads to trade wars and has the effect of deepening an prolonging global downturns. Surely, we learned that in the 1930s with the disastrous Smoot-Hawley tariff policy in this country. World trade declined 66% in five years during the trade war of the 1930s and Smoot-Hawley certainly was one of the reasons why.The UK's Prime Minister seems to have flunked world history. Why else would they be announcing plans to halve the number of high-skilled work visas in that country? Perhaps some people don't consider work visas a form of trade, but I would counter that labor is THE most important component of production at many companies. Payroll is often a company's most expensive overhead item and finding suitably skilled workers is frequently a company's biggest challenge in remaining competitive. Visa policy IS trade policy.
The job of "Project Director" was very widespread and popular at one time. In the old DOT it was described with very vague, generic language, which enabled it to be used in many industries to describe a wide range of jobs. Consider the DOT version (which is now extinct):
Project Director: 189-117.030
(profess. & kin.) Alternate titles: project manager. Plans, directs, and coordinates activities of designated project to ensure that goals or objectives of project are accomplished within prescribed time frame and funding parameters: Reviews project proposal or plan to determine time frame, funding limitations, procedures for accomplishing project, staffing requirements, and allotment of available resources to various phases of project. Establishes work plan and staffing for each phase of project, and arranges for recruitment or assignment of project personnel. Confers with project staff to outline work plan and to assign duties, responsibilities, and scope of authority. Directs and coordinates activities of project personnel to ensure project progresses on schedule and within prescribed budget. Reviews status reports prepared by project personnel and modifies schedules or plans as required. Prepares project reports for management, client, or others. Confers with project personnel to provide technical advice and to resolve problems. May coordinate project activities with activities of government regulatory or other governmental agencies. See PROJECT ENGINEER (profess. & kin.) 019.167- 014 for engineering projects. GOE: 11.05.02 STRENGTH: S GED: R5 M5 L5 SVP: 8 DLU: 81
Note that the job of project manager describes a person who plans, directs and coordinates a project. Beyond that, the job is not limited to specific kinds of projects. As a result, the job could be used in any situation which required a manager to work with projects.
Project Manager was very popular with employers who filed petitions for temporary workers or for permanent labor certification. It was described as a "profession" in the DOT (note the phrase (profess. & kin.) above. This means "professional and kind." Since Project Manager was designated as a professional, it could be used for specialty occupations and to qualify for the old third preference. How many employers or practitioners remember when the third preference was the preferred category for employment based applicants and the sixth preference was the slower category for persons who did not qualify as professionals! Under the current preference scheme, the third preference is the slow category, and the second preference is faster.
Now, let's see what happened to "Project Manager" in 2005, when PERM was launched, and the Department of Labor officially abandoned the DOT and adopted the SOC as presented on O*Net as the official repository of occupational job descriptions.
If you put the words "project manager" in the SOC box on the O*Net page (using this link: http://online.onetcenter.org/ ) you will find numerous jobs with similar titles, but none with the same job functions. The closest match might be "General and Operations Managers" (SOC 11-1021), but the difference between this manager and the project manager is that the current title emphasizes management and the old title emphasizes the project. In other words, if the job is not true management, then the General and Operations Manager cannot be used as a catch-all for diverse professional positions, as project manager was used in the past.
The page also presents an option to "crosswalk" from the old Dictionary of Occupational Titles to the modernized SOC (Standard Occupational Classification). If you crosswalk the old DOT number 189-117-030 to the SOC, you will find "Managers, All Other," a job for which O*Net Data is not available. As there is no information on the O*Net page, you can not conclusively determine the Job Zone Level, Educational, Training or Experience Requirements, and the Job Duties. As you have the burden of proof to demonstrate to DHS that a petition qualifies for a preference category, it will be difficult to obtain approval of a second preference petition, or, conceivably, even a skilled worker!
Interestingly, the title "Project Manager" appears as an alternate title for "Engineering Managers" in the O*Net (11-9041), but if you look at the main job title and especially at the job functions of 11-9041, you will see that it is really an engineering job, "Plan or direct activities in such fields as architecture and engineering or research and research or development in this fields." As such, it cannot be used as a substitute for "Project Manager."
And so, the Project Manager has been quietly and discreetly removed from the list of available job opportunities for description of job functions and titles for temporary visas and/or labor certification.