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    by , 02-23-2009 at 06:49 PM (Greg Siskind on Immigration Law and Policy)
    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.

    by , 02-23-2009 at 11:46 AM (Greg Siskind on Immigration Law and Policy)

    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.

    Attached Thumbnails Attached Thumbnails Click image for larger version. 

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  3. Feb 24 - CRS Reports

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    February 24, 2009,0224.shtm
    1.* Comment: CRS Reports
    2.* Focus: Tuesday Is Deadline For I-9 Update
    3.* 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 Stewart
    4.* News:
    *** (a) USCIS Final Rule On US Armed Forces Employment
    *** Verification
    5.* Classifieds:
    *** (a) Position Sought
    *** (b) Help Wanted: Immigration Attorney
    *** (c) Help Wanted: Immigration Attorney
    *** (d) Expert Witness Services
    *** (e) J-1 Visa Program
    6.* 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 Immigration
    7.* ComingsNGoings:
    *** (a) New Website - CLINIC
    8.* Letters From:
    *** (a) Roger Algase, Esq.
    *** (b) John Henderson
    *** (c) Sergi Sheplov,0224.shtm
    Books On Immigration Law:
    Immigration Law Seminars:
    1.* COMMENT
    CRS Reports
    All CRS reports featured on ILW.COM can be found on our CRS
    Reports page.
    CRS reports from the Congressional Research Service are in-depth
    and scholarly, unlike GAO and OIG reports which focus primarily
    on budget and fraud issues, respectively. CRS reports are
    intended for Congressional representatives and their staffers,
    and are not easily obtainable, unlike GAO and OIG reports which
    are available to the public on a variety of government websites.
    We are pleased that CRS reports on immigration are available on
    ILW.COM on a handy page that you may wish to bookmark.
    We welcome readers to share their opinion and ideas with us by
    writing to
    2.* FOCUS
    Tuesday Is Deadline For I-9 Update
    Tuesday, Feb 23rd is the deadline for the I-9 Update session of
    the 3-part telephone seminar "Employer Sanctions For Experts"
    (speakers: Angelo Paparelli, Don Crocetti, Laura Danielson,
    Bonnie Gibson, Douglas D. Hauer, John Quill, Batya Schwartz
    Ehrens 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 Legal
    ++ Employer Compliance Policies and Raid-Readiness Precautions
    ++ Constructive Knowledge:* Beyond No-Match Concerns
    Don't wait to register. Tuesday, Feb 23d is the deadline! For
    more info, including speaker bios, detailed curriculum, and
    registration information, please see: Online: Fax form:
    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 all
    of those damages.",0224-rotterman.shtm
    (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 border
    leaders to provide local law enforcement, government and
    community expertise to the
    national debate over immigration policy and border security.",0224-fernando.pdf
    (c) Bloggings On PERM Labor Certification
    Joel Stewart writes " ... 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.",0224-stewart.shtm
    To submit an Article for consideration, write to
    4.* NEWS
    (a) USCIS Final Rule On US Armed Forces Employment Verification
    USCIS published notice of a final rule in the Federal Register on
    the employment authorization and verification of aliens enlisting
    in the Armed Forces, effective February 23, 2009.,0224-armed.shtm
    (a) Position Sought
    JD, with 10 years experience in business immigration, available
    to draft and consult on complex RFE responses, MTR's, EB-1 (all
    subcategories), EB-5, E-1, E-2, H-1B, L-1, O-1, NIW, PERM and TN
    matters on a project basis. Additional specialization in
    inadmissibility waivers, paralegal training programs, and legal
    research.* Competitive hourly or flat fees.* References available
    upon request.* Please contact
    for additional details.
    (b) Help Wanted: Immigration Attorney
    Redmond, WA - Are you ready to make a significant impact on an
    industry leader? Would you like to have the ability to contribute
    to the success of many businesses and products in the technology
    arena as well as make a positive impact on individuals and their
    families' lives? If you do, come join us at Microsoft as a US
    Immigration Attorney. We are a diverse and global company that
    makes a significant positive impact on 600 million plus customers
    worldwide. The Microsoft Corporation Legal & Corporate Affairs
    Global Migration department plays an integral role in helping
    hiring managers and recruiters hire and on board the best and
    brightest. If you are ready to make a difference and learn and
    grow in the US Immigration arena, we offer an opportunity like no
    other. This position requires excellent academic credentials, 4-6
    years experience in all NIV business visas, labor certifications,
    and other business-related immigration matters. Strong case
    management, customer facing, communication and writing skills
    required. Full relocation package offered. To view detailed job
    description and apply, see here.
    (c) Help Wanted: Immigration Attorney
    Beverly Hills, CA - Busy immigration law firm has immediate
    opening for experienced, hard-working and creative self-starter.
    Candidate must be able to thrive in challenging, trial-oriented
    environment where deadlines are critical, must be active bar
    member (any jurisdiction), and have experience in handling
    nonimmigrant business and/or NIV visas and consular practice,
    PERM, family, removal proceedings, as well as BIA and Circuit
    Court Appeals, and federal litigation. Must have following:
    demonstrate quick analytical ability and facility to articulate
    critical 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 in
    professional manner with others, demonstrate computer literacy
    skills. Expected to do own legal research and writing and to be
    substantially self-sufficient in preparing day-to-day
    correspondence/pleadings. Occasional travel required; bilingual a
    plus, but not essential (spanish or korean) No relocation
    reimbursement. Send cover letter, resume, + writing sample (max.
    10 pps. in MS Word or Adobe PDF format) to
    (d) Expert Witness Services
    Muslim World Expert
    Dr. Shaul M. Gabbay is pleased to offer expert testimony on
    immigrants from Muslim countries/societies, including the former
    Soviet Union (USSR). I have testified in 150+ Immigration Court
    cases nationwide (asylum, cancellation of removal) and to USCIS
    (asylum interviews, hardship waivers) with very high success
    rates. For more info, including detailed biography + testimonials
    from lawyers who have worked with me in the past, see:
    Please contact me with any additional questions: Dr. Shaul M.
    Gabbay, Muslim World Expert, Josef Korbel School of
    International Studies, University of Denver, Denver, Colorado,, (303) 871-2560. For countries outside of
    my expertise, I may be able to recommend an expert in that area.
    (e) J-1 Visa Program
    Discover the ease and flexibility of the J-1 Trainee visa with
    AIESEC United States. For 50 years, AIESEC U.S.
    has offered foreign nationals the opportunity to grow both
    personally and professionally by sponsoring exchange visitor
    traineeships. Enjoy unparalleled customer service, including in-
    depth guidance on J-1 Trainee visa regulations and the changes
    effective July 2007. We also offer logistical and cultural
    reception services in locations nationwide. Expect a 24-48 hr.
    application processing time. The J-1 Trainee visa can be used for
    individuals to participate in training programs in the following
    fields: information media and communications, education, social
    sciences, library science, counseling and social services,
    management, business, commerce and finance, the sciences,
    engineering, architecture, mathematics and industrial
    occupations, public administration, and law. Attorneys interested
    in learning more about AIESEC United States and the J-1 Trainee
    visa, please email Melany Hamner:
    6.* Headlines
    (a) The Two Faces Of DHS Secretary Napolitano
    Illegal Immigration critics are complaining that Arizona's former
    governor, now Secretary of Homeland Security, played politics
    when she announced a state of emergency during the Bush
    Administration in response to illegal aliens and then she vetoed
    a new bill that would aid law enforcement in curtailing rampant
    illegal immigration.
    (b) Immigration Crackdown Written Into The New Stimulus Law Will
    Damage New York's Financial Sector
    An immigration crackdown written into the new stimulus law will
    damage New York's financial sector - and must be repealed
    (c) Prayer Vigil Focuses On Immigration Reform
    Humanity and compassion must be the twin components of any
    immigration reform if it is to succeed, according to leaders at
    an interfaith prayer vigil held yesterday at Community United
    Methodist Church in Massapequa.
    (d) Taking A Stand For Legal Immigration
    The founder of the Minuteman Project is heading to Harvard later
    this month to debate the issue of illegal immigration.
    For links to the above stories see here:,0224.shtm#Headlines
    7.* ComingsNGoings
    Readers can share professional announcements (up to 100-words at
    no charge), email: To announce your event,
    see here
    (a) New Website - CLINIC
    The Catholic Legal Immigration Network (CLINIC) is pleased to
    announce the launch of its new website. We have worked hard to
    design a site that is user-friendly, and we are sure that you
    will like it. 415 Michigan Ave NE,
    Washington DC 20017,
    8.* LETTERS
    Readers can share comments, email:* (up to
    300-words). Past correspondence is available in our archives
    (a) Dear Editor:
    Several ID letters have expressed outrage over my letters' (ID
    2/19/09 and ID 2/20/09) suggestion that the fact that 31/35
    current visa waiver countries are in Europe (plus Australia and
    New Zealand) might have something to do with race. However, their
    arguments are barely comprehensible. Honza Prchal's letter (ID
    2/23/09) alleges that Turkish tourists have a better reputation
    in Europe and the Middle East than Saudi tourists (even though
    Saudis may be able to afford bigger tips than "impecunious"
    Turks). What does this have to do with the US visa waiver
    program? Paul Good's letter (ID 2/23/09) claims that, from his
    own experience in Thailand recruiting high school students for an
    exchange visitor program in the US, every single one of the
    returning students was "planning/scheming" to immigrate to the US
    and that some of them actually did, even though it took years. In
    other words, his letter seems to be saying that these students
    returned to Thailand, subsequently applied to become immigrants
    to the US and then waited patiently for years to receive their
    immigrant visas, all as required by law. How could America ever
    imagine granting visa waiver privileges to people from such a
    law-abiding country? In contrast to the above confused arguments,
    Gregory W. Christian's letter (ID 2/20/09) clearly points out our
    shameful discrimination against Haitian immigrants. His letter
    might also have added that President Clinton first used the US
    Coast Guard to blockade Haiti in order to stop desperate refugees
    from fleeing the Duvalier dictatorship (before he finally invaded
    Haiti and removed Duvalier). Haitians caught at sea trying to
    flee their country are still being sent back. And race has
    nothing to do with immigration? That (to paraphrase Mr. Prchal's
    letter) is the most "risible" statement of all.
    Roger Algase, Esq.* New York, NY
    (b) Dear Editor:
    Regarding the alleged traumitized children of criminals arrested
    by the Maricopa County Sheriff's office (02/20/09 ID); there
    would be no traumitized children if their parents obeyed the law.
    But I guess that is too much to be expected of immigrants who
    believe 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 support
    of humane treatment of undocumented families seems to always
    result in a heavy day of bashing. The incident in question no one
    would argue was a legitimate police stop. The police when they
    stop a non-hispanic typically don't get into citizenship
    questions. What comes after for this family is the real question.
    The family will not be able to find her for several days because
    there is no information system in place to provide this
    information. Once in detention she will be mixed with the general
    criminal population so she is at risk there. If her family is
    lucky enough to find her before she is deported they can possibly
    visit her through the glass but not touch her. This may require a
    10-14 hour round trip to some remote detention center. When she
    finally is deported her family will not be informed and she will
    return to the streets of her home country peniless since DHS
    doesn't let the family leave money, credit cards or cell phones.
    Sadly many of the children who are faced with this are left
    behind for weeks or months, and so many are US Citizens.
    Regardless of what you think of birthright citizenship in its
    current state this leaves our Police complicit in a taudry
    affair. The law allows for prosecutorial discretion and this is
    the place it should be used. Creating hardship for US Citizen
    children should not be a goal of our law enforcement officials.
    Sergi Sheplov
    The first daily in the field of immigration. Forward this to a
    Publisher: Sam Udani** Legal Editor: Michele Kim** ISSN:1930-062X
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    by , 02-23-2009 at 07:57 AM (Greg Siskind on Immigration Law and Policy)
    "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.
  5. Beware the Project Manager!

    by , 02-23-2009 at 05:21 AM (Joel Stewart on PERM Labor Certification)
    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:  )  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.

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