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  1. USCIS Updates The Tally Of H-1B Petitions Filed Under the Cap

    by , 05-06-2009 at 12:42 PM (The H-1B Visa Blog by Siliato and Malyk)
    USCIS has once again updated its announcement regarding the number of H-1B petitions received and counted towards the H-1B cap. As of May 4, USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. As such, USCIS continues to accept petitions subject to the general cap.
    Additionally, that USCIS has received approximately 20,000 petitions for aliens with advanced degrees remains unchanged.  As such, the Service continues to accept advanced degree petitions as experience dictates that not all such petitions are approvable. USCIS will continue to provide regular updates on the processing of FY2010 H-1B petitions.
    For additional information and frequent updates on a variety of corporate and business-related immigration law issues, please click here to navigate to Meyner and Landis LLP's Corporate Immigration Law News Blog.
    Post Authored By: Scott R. Malyk, Esq. of Meyner and Landis LLP
  2. May MMM Published

    by , 05-05-2009 at 11:42 AM (Chris Musillo on Nurse and Allied Health Immigration)

    May 2009 Headlines:

    H-1B Cap Update
    What the Lack of H-1B Filings Really Means
    Demand for Nurses: Less During Downturn
    ...and more

    To subscribe to the MMM, go here.


  3. May 6 - Top Links April 2009

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    May 6, 2009,0506.shtm
    1.  Comment: Top Links April 2009
    2.  Focus: Today Is Deadline For PERM For Experts - Predictions
        For The Future
    3.  Articles:
        (a) When The Mexican Drug Trade Hits The Border by Fred
        Burton and Ben West
        (b) Canada To Maintain Immigration Levels For 2009, Though
        Requirements May Change by David Cohen
        (c) Immigrants Of The Week: Richard Webby, Ahmed Zewail, and
        Barbara Schaal  by Greg Siskind
    4.  News:
        (a) ETA Releases TEGL 18-08 On FY 2009 Foreign Labor
        Certification Planning Guidance
    5.  Classifieds:
        (a) Help Wanted: Immigration Paralegal
        (b) Help Wanted: Immigration Attorney
        (c) Help Wanted: Immigration Attorney
        (d) J-1 Visa Program
        (e) Expert Witness Services
    6.  Headlines:
        (a) Iowa Town Provides Case Study Of Our Immigration System's
        (b) College Board Takes A Stance On Undocumented Students
        (c) American Brain Drain: Why We Need H1B Visa Immigration
        (d) Army Extends Immigrant Recruiting
    7.  ComingsNGoings:
        (a) Immigration Event - Arlington, VA
    8.  Letters From:
        (a) Roger Algase, Esq.
        (b) David D. Murray, Esq.
        (c) Robert Yang
        (d) Sergi Sheplov
        (e) Mila Milapluk,0506.shtm
    Books On Immigration Law:
    Immigration Law Seminars:
    1.  COMMENT
    Top Links April 2009
    We feature the most accessed links by our readers in April 2009
    Top five April Immigration Daily Articles
    ++  Flexibility Is The Key In Immigration Reform by Paul Herzog,0422-herzog.shtm
    ++ California Supreme Court Unanimously Supports The Broadest View
    Of State And Local Government Authority To Enforce Immigration
    Law by Michael Hethmon,0407-hethmon.shtm
    ++Signs Of Change In Immigration Enforcement Policies Emerging
    From DHS by Muzaffar Chishti and Claire Bergeron for the
    Migration Policy Institute,0407-chishti.shtm
    ++ New Canadian Citizenship Rules To Come Into Effect In April by David
    ++A Plan To Influence And Convince: Strategic Advice For The
    Legislative Passage Of CIR In 2009 by Robert Gittelson,0408-gittelson.shtm
    Top five April Immigration Daily Items
    ++USCIS Publishes QAs On Cap Gap,0403-capgap.shtm
    ++USCIS Continues to Accept FY 2010 H-1B Petitions,0409-h1b.shtm
    ++USCIS Updates Count of FY 2010 H-1B Petition Filings,0410-h1b.shtm
    ++DHS Stops Sending All Asylum Applications To DOS,0407-asylum.shtm
    ++USCIS Issues Latest FY 2010 H1B Update,0422-h1b.pdf
    We welcome readers to share their opinion and ideas with us by
    writing to
    2.  FOCUS
    Today Is Deadline For PERM For Experts - Predictions For The
    Today is the deadline for the May 6th phone session of "PERM For
    Experts", the curriculum is as     follows:
    ++ Using the new form
    ++ Advanced form changes and implementation
    ++ Incorporating "magic" language
    ++ Auditing compliance files
    ++ Close of businesses
    ++ Filing PERM in a bad economy
    ++ Potential for more supervised recruitment
    ++ Second audits requesting resumes
    ++ Potential delays in DOL processing times
    ++ Change/s in circumstances
    ++ Company merger/s
    ++ Position/s open at time of filing but closed at time of audit
    / decision
    ++ Unanticipated work location/s v. client-site/s
    ++ Change of work location/s
    ++ When to expect things to begin moving again
    Don't wait to register, Tuesday, May 5th is the deadline. For
    more info,     including speaker bios, detailed curriculum, and
    registration information, please see:
    3.  ARTICLES
    (a) When The Mexican Drug Trade Hits The Border
    Fred Burton and Ben West write "We turn our attention now to the
    border to see the dynamics at work there and how U.S. gangs are
    involved in the action.",0506-burton.shtm
    (b) Canada To Maintain Immigration Levels For 2009, Though
    Requirements May Change
    David Cohen writes "Though Canada has not been immune to rising
    unemployment numbers in the current economic downturn,
    Citizenship and Immigration Canada (CIC) has decided that
    immigration numbers will not be reduced for 2009, maintaining a
    target of approximately 250,000 new Permanent Residents.",0506-cohen.shtm
    (c) Immigrants Of The Week: Richard Webby, Ahmed Zewail, and
    Barbara Schaal
    Greg Siskind celebrates the achievements of these select
    To submit an Article for consideration, write to
    4.  NEWS
    (a) ETA Releases TEGL 18-08 On FY 2009 Foreign Labor
    Certification Planning Guidance
    The purpose of this Training and Employment Guidance Letter is to
    provide State Workforce Agencies with final planning figures for
    funding that will be allocated to support FLC activities, and the
    necessary actions to request the funds.,0506-TEGL.pdf
    (a) Help Wanted: Immigration Paralegal
    Reston, VA - Goel & Anderson, LLC
    has an immediate opening for an experienced business immigration
    paralegal.  Ideal candidates will have 5+ years experience as an
    immigration paralegal handling employment-based NIV and IV cases.
    Prior experience should include demonstrated ability to manage
    large caseload, while effectively/accurately preparing wide range
    of employment-based immigrant and nonimmigrant petitions, with
    strong emphasis on H-1B and L-1B matters. Experience with PERM,
    I-140, adjustment of status, and complex RFE responses essential.
    Successful applicants will possess thorough knowledge of
    immigration law and procedure, excellent writing, communication,
    organizational, and computer skills, and ability to conduct legal
    research, analyze issues, and effectively interact with corporate
    petitioners, beneficiaries, and law firm staff.  Five years of
    prior experience, a four-year college degree, and solid
    references required. Goel & Anderson is a nationally recognized
    business immigration firm that offers an outstanding compensation
    and benefits package. Apply with resume, cover letter, + salary
    req. to  Principals only.  No phone
    (b) Help Wanted: Immigration Attorney
    Long time NYC practitioner seeks young lawyer as associate (or
    not so young) with or without own practice to work with a view
    towards parnership and sucession. I wish to work less now and
    much less later but not retire completely. Harry DeMell (212)
    (c) Help Wanted: Immigration Attorney
    Small Northern Virginia immigration law firm
    seeks associate with 2+ years experience in Immigration Court/BIA
    litigation. Good writing skills. Spanish speaking preferred.
    Salary commensurate with experience. Good benefits. Send resume
    (d) J-1 Visa Program
    Discover the ease and flexibility of the J-1 Visa with Global
    Current, a service of AIESEC U.S., a leader in international
    exchange and professional training for over 50 years. Unlike
    other visas, the J-1 does not require a lengthy petitioning
    process, has few restrictions and can be processed at any time of
    year to facilitate the quick and simple implementation of an
    Exchange Visitor Program. Global Current has developed a
    streamlined sponsorship process supported by J-1 experts that
    allows us to maintain an unrivaled 48 hour turnaround time on
    complete applications. Global Current provides J-1 Trainee and
    Intern programs in a variety of occupational categories including
    law, engineering, finance, architecture, graphic design,
    marketing and fashion. For more information on eligibility
    requirements and a complete list of occupational categories,
    or email Melany Hamner at
    (e) 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.
    6.  Headlines
    (a) Iowa Town Provides Case Study Of Our Immigration System's
    At last, Washington seems to be getting serious about immigration
    (b) College Board Takes A Stance On Undocumented Students
    The College Board of trustees has voted unanimously to support
    legislation known as the federal Development, Relief and
    Education for Alien Minors Act (the Dream Act).
    (c) American Brain Drain: Why We Need H1B Visa Immigration Reform
    While most focus on illegal immigration or changing ethnicities
    of legal immigration, what concerns me is that we are losing our
    historic ability to attract and retain the word's brightest and
    most entrepreneurial workers.
    (d) Army Extends Immigrant Recruiting
    But starting today, 10 Los Angeles-area Army recruiting offices
    will begin taking applications from some foreigners who are here
    on temporary visas or who have been granted asylum.
    For links to the above stories see here:,0506.shtm#Headlines
    7.  ComingsNGoings
    Readers can share professional announcements (up to 100-words at
    no charge), email: To announce your event,
    see here
    (a) Immigration Event - Arlington, VA
    2009 ACIP Annual Symposium: June 15-18, 2009, Arlington, VA - For
    thirty-five years, the American Council on International
    Personnel's Symposium has been the most highly respected annual
    meeting devoted exclusively to employment-based immigration. We
    bring in-house immigration professionals from universities and
    research institutions, non-profits, and multinational
    corporations together with U.S. government representatives and
    legal experts. This year's Symposium "Changing Times, Changing
    Strategies" will help you: strategize and network in an uncertain
    economy, meet new leaders of Federal Agencies & Congress, develop
    airtight compliance measures, and refine your global mobility
    management models. ILW.COM is
    pleased to be an event media sponsor.
    8.  LETTERS
    Readers can share comments, email:  (up to
    300-words). Past correspondence is available in our archives
    (a) Dear Editor:
    I would like to join in David D. Murray's letter's tribute to ID
    (05/05/09 ID comment) on its 10th anniversary. ID is unique not
    only as a provider of timely and important information, but as a
    vehicle for expression of opinion across the full spectrum,
    including not only from immigration advocates, but from those who
    are fundamentally opposed to immigration. It could even be said
    that one of the greatest things about America's diversity is that
    some of the people who want to slam the doors shut hardest
    against our newest immigrants come from immigrant backgrounds
    themselves. It is remarkable how easy it is for some successful
    immigrants, or their descendants, to lose any sense of compassion
    for those who are less fortunate. Ms. Sung's letter strikes a
    particularly discordant and offensive note in the light of the
    tragic case reported in the New York Times on May 4 ("Mentally
    Ill and in Immigration Limbo") of a woman from Mainland China who
    came to the US to escape that country's forced abortion policy
    only to be caught in the ever widening I.C.E. immigration net and
    locked up. This woman, Xiu Ping Jang, has now become mentally ill
    and suicidal, has lost her child to foster care and can no longer
    communicate with either her family or her attorney. Yet, as she
    languishes in jail, she is treated like a common criminal in
    court by unsympathetic, if not openly sadistic, immigration
    judges. I suggest that anyone tempted to make jokes at the
    expense of immigrants trying to escape persecution or poverty in
    their own countries should read this article first.
    Roger Algase, Esq.  New York, NY
    (b) Dear Editor:
    Perhaps Chia-Li Sung's letter (05/05/09 ID) is attempting to be
    sarcastically witty, but in fact falls flat on its face,
    exhibiting a lack of compassion and lack of understanding of the
    entire legal system, including immigration. What "lawyers out
    there" know, and what many elitist, privileged, whiners do not
    understand, is that under the law illegal aliens are not
    criminals and have no relation to "inmates in all the prisons".
    Yes, illegals have broken the law, akin to speeding or littering.
    In fact, I wonder if being illegal is more serious than cheating
    on one's income tax, not reporting cash income from the likes of
    giving music lessons in one's home? There are penalties for
    breaking immigration laws, and in some instances there are
    exceptions on humanitarian grounds: political assylum, hardship
    waiver, trafficing victims, abused spouses and the proposed
    "Dream Act," that seeks to remedy the harsh enforcement of law on
    children who have unwittingly become victims of their own
    circumstance. Yes, immigration lawyers know it is against the law
    to enter this country illegally. We are also painfully aware of
    the hardship wrought upon innocents, such as children who enter
    the US with their parents, are raised here as Americans, become
    educated and go on to college, only to discover later that they
    are not legal and cannot obtain the benefits of a legal resident,
    including adjustment of status through a US citizen spouse with
    whom they fall in love. Silly analogies of freeing all the
    inmates in the criminal justice system serves no purpose in the
    immigration debate, but only shows ignorance and arrogance, a
    combination regretful in a democracy based on the pursuit of
    freedom, liberty and justice, especially in a nation that puports
    to be based Christian principles.
    David D. Murray, Esq. Newport Beach, CA
    (c) Dear Editor:
    Comparing heinous hardcore criminal inmates to illegal immigrants
    is completely unfair, absurd and misguided. In this and many
    other countries there are laws that are unjust, bad and
    ridiculous, that put certain groups of persons less equal than
    others just because of their races, skin colors, genders, creeds,
    sexual orientation etc, and breaking these unfair and inhuman
    laws can't and should never be compared to heinous crimes such as
    murder, kidnapping etc. When a black African American defied the
    segregation laws by sitting on the white only section on a public
    bus, when a Chinese immigrant questioned and challenged the
    reasoning and justice behind Chinese Exclusion Act of 1882, when
    a non Muslim protests his religious freedom and equal rights in
    his apartheid Islamic theocracy country, and when a foreigner and
    a human being questions why he must have "an authorization aka
    legal status"outside his native country to work to a willing
    employer just because restrictive laws of the land that favor and
    protect its whining "native" citizens from open competition, then
    we must view it as a struggle against human rights violation and
    universal justice. Apartheid laws should have no place in the
    21st. century. Freedom of movement and freedom to trade of all
    human beings should be protected and guaranteed as parts of
    universal human rights.
    Robert Yang
    (d) Dear Editor:
    Re: Krishnamurthy's comments (05/05/09 ID) to my previous letter.
    To clarify, my letter was written in the context of "immigration
    reform proposals being shopped around." The last several attempts
    at legalization bills have completely left out the
    deported/deportable spouses of USC. Immigration law is
    extraordinarily complicated and many of these kids who were
    brought here as babies don't even know their own status. In the
    course of normal social interaction that they meet and fall in
    love with US Citizens who shouldn't have to pay for some
    Legislators bizzare idea of "justice" effective exile for the
    citizen to continue the relationship. Illegal presence is a civil
    violation similar to a traffic ticket, so to turn the life of a
    US Citizen married to a person in these circumstances into a
    total living hell for 3, 10 years or even permanently seems
    draconian at best. Perhaps I do have a dim view of the ease of
    VISA's for cyber-relationships, and what appears to me to have
    become the common practice of "importing a bride/groom". As for
    couples who meet overseas for whatever reason its a bit different
    in my opinon than surfing for a mate, particularly in those
    countries where the foreign potential love interest needs an
    interpreter to negotiate the relationship. I don't think a
    courtship made possible by immigration violation is superior
    morally to posting yourself on line for a wedding proposal. I do
    think the former is more consequential to the circumstances of
    living and working in the US than the determined effort to seek
    only a US spouse. On my comments on "purely illegal" folks I
    refer to the past several Immigration bills which attempted to
    give benefits to folks who had no US Citizen connection but did
    not contain a waiver for those spouses of USC.
    Sergi Sheplov
    (e) Dear Editor:
    We all know, especially illegal aliens, that in order to work in
    the USA we need fake documents because we cannot get the
    appropriate legal documentation (see 05/05/09 ID comment). We
    know that  Social Security Cards are stolen or fake. And if we do
    it we do it knowingly. Bad judge and awful judgement. He needs to
    get another job. This ruling makes us all commit wrong doings and
    crime more willingly. And the thieves whose business is to
    provide stolen identity get lots of money in this sort of black-
    theft market. Outrageous.
    Mila Milapluk
    The first daily in the field of immigration. Forward this to a
    Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X
    An Important disclaimer! The information provided on this page is
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  4. Latest Posts

    For the latest posts by Chris Musillo see here.

    by , 05-05-2009 at 08:30 AM (Greg Siskind on Immigration Law and Policy)
    I am fortunate enough to have a pretty good arts and sports immigration practice. I've met a lot of really talented people from both fields over the years. I can't say I remember a family that has had members who have achieved as much as the Kleiza family, originally from Lithuania. Mother Kristina and afther Egidijus are two very successful painters. Kristina was a very successful artist in Lithuania and Egidijus was an art professor and furniture designer. The two moved to the United States with their children 14 years ago and run an art studio in New York. You can see their work on their web site. Their son is actually the best known member of the family, however, and it is not because of any artistic skills he may have inherited. Linas Kleis is a starting forward for the NBA's Denver Nuggets which are now in the NBA playoffs leading the Dallas Mavericks. Linas averages 10 points and 4 rebounds per game and was a starter on the Lithuanian national team which placed fourth in the Beijing Olympics. Good luck, Linas!The family is profiled in today's New York Times.
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