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  1. HARVARD BUSINESS SCHOOL REPORT: LINK BETWEEN H-1Bs FOR SCIENTISTS AND ENGINEERS AND NUMBER OF INVENTIONS

    by , 02-13-2009 at 02:01 PM (Greg Siskind on Immigration Law and Policy)
    Harvard Business School has released a report showing a correlation between rises and decreases in the H-1B cap and the amount of innovation (measured in patent applications). The paper is very technical, but I know there are a lot of technical folks who read this blog so I'll leave it readers to give their thoughts in the comments.
  2. Feb 17 - NumbersUSA Helps Immigration Lawyers

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    February 17, 2009
    Items:
    1.  Comment: NumbersUSA Helps Immigration Lawyers
    2.  Focus: Deadline For Preparation of the PERM Application Is
        Tuesday, Feb 17th
    3.  Articles:
        (a) Belarus Religious Persecution Cases In The Circuit Courts
        Of Appeals - Case Study by Alex Berd and Patrick Klauss
        (b) Obama's Homeland Security Selection Viewed As Focused On
        Immigration by Muzaffar Chishti and Claire Bergeron for the
        Migration Policy Institute
        (c) Bloggings on Dysfunctional Government by Angelo A.
        Paparelli
    4.  News:
        (a) DOJ Announces MultiState Arrests For Visa Fraud
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorney
        (b) Expert Witness Services
        (c) Credential Evaluation
        (d) Case Management Technology
    6.  Headlines:
        (a) On Angel Island, The Walls Really Talk
        (b) Napolitano: As Recession Deepens, Illegal Immigration
        From Mexico Declines
        (c) How Would Lincoln Vote Today?
        (d) Immigration Fight Simmered During Stimulus Negotiations
    7.  ComingsNGoings:
        (a) New Attorney- Skokie, IL
    8.  Letters From:
        (a) Honza Prchal, Esq.
        (b) David D. Murray, Esq.
        (c) Gladys C. Farris
        (d) Joan
        (e) Jim Roberts
    http://www.ilw.com/immigdaily/digest/2009,0217.shtm
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    _________________________________________________________________
    1.  COMMENT
    NumbersUSA Helps Immigration Lawyers
    To qualify for the OPT STEM extension, F1s need to seek jobs only
    at employers using E-Verify. Unfortunately, DHS does not provide
    a searchable database for this, and often the immigrant student
    reaches out for help to immigration counsel to find such
    employers. Fear not, the anti-immigrant NumbersUSA comes to the
    rescue! NumbersUSA has a searchable database of about two-thirds
    of E-Verify employers, conveniently searchable by location and
    business type for F1 students. This gem is at:
    http://www.smartbusinesspractices.com/pilot/
    This is a unique example of an enforcement-related resource being
    useful for benefits purposes.
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    Deadline For Preparation of the PERM Application Is Tuesday, Feb 17th
    Tuesday, Feb 17th is the deadline for the Wednesday, Feb 18th
    phone session of the telephone seminar series "PERM For
    Beginners" with discussion leader Sofia Zneimer. The curriculum
    for the session on " Preparation of the PERM Application" is as
    follows:
    ++ Employer registration and attorney sub-account
    ++ Prevailing Wage
    ++ Recruitment Plan
    ++ Job Order
    ++ Mandatory Printed Ads - elements, placement, considerations
    ++ Additional steps for professional jobs - what is a professional
    job anyway?
    ++ Recruitment Report - elements and considerations
    ++ Qualified US workers
    ++ Audit preparedness
    ++ Discussion of best practices to manage the process
    ++ Schedule A and Special Handling  
    The deadline to sign up is Tuesday, February 17th. For more info,
    including speaker bios, detailed curriculum, and registration
    information, please see:
    http://www.ilw.com/seminars/200902.shtm. Fax version:
    http://www.ilw.com/seminars/200902.pdf.
     _________________________________________________________________
    3.  ARTICLES
    (a) Belarus Religious Persecution Cases In The Circuit Courts Of
    Appeals - Case Study
    Alex Berd and Patrick Klauss write "As discussed above, many of
    these cases turn on the court's determination whether the facts
    support a finding of persecution, rather than mere harassment."
    http://www.ilw.com/articles/2009,0217-berd.shtm
    http://www.berdklauss.com/
    (b) Obama's Homeland Security Selection Viewed As Focused On
    Immigration
    Muzaffar Chishti and Claire Bergeron for the Migration Policy
    Institute write "President-elect Barack Obama's selection of
    Arizona Governor Janet Napolitano as the next secretary of
    homeland security signals his willingness to make immigration
    policy concerns a high priority."
    http://www.ilw.com/articles/2009,0217-chishti.shtm
    http://www.migrationpolicy.org/
    (c) Bloggings on Dysfunctional Government
    Angelo A. Paparelli writes "The bicentennial of Abraham Lincoln's
    birth is a fitting moment to ponder the state of our fractious
    and fractured nation of immigrants."
    http://www.ilw.com/articles/2009,0217-paparelli.shtm
    http://blogs.ilw.com/angelopaparelli/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) DOJ Announces MultiState Arrests For Visa Fraud
    The Department of Justice announced the arrest of 11 individuals
    as part of an investigation into suspected visa and mail fraud.
    http://www.ilw.com/immigdaily/news/2009,0217-fraud.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
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    Dr. Shaul M. Gabbay is pleased to offer expert testimony on
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    Please contact me with any additional questions: Dr. Shaul M.
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    (c) Credential Evaluation
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    6.  Headlines
    (a) On Angel Island, The Walls Really Talk
    Desperate demands in Japanese: "Get me out of here fast."
    Impatient orders in German: "Close the doors. There's a draft." A
    simple tally in Gurmukhi, a script used by Sikhs: "100 days. Tara
    Singh." Carved birds and a shrine to good fortune, with a
    butterfly and a basket.
    (b) Napolitano: As Recession Deepens, Illegal Immigration From
    Mexico Declines
    Homeland Security Secretary Janet Napolitano says the department
    has seen a "significant decrease" in the number of illegal
    immigrants crossing over from Mexico because there are fewer
    available jobs in the United States.
    (c) How Would Lincoln Vote Today?
    But Lincoln's dismissal of prejudice against Irish and German
    Catholics naturally leads to dismissal of all arguments about
    immigration based in bigotry.
    (d) Immigration Fight Simmered During Stimulus Negotiations
    Although preliminary indications are that the requirement did not
    make it into the final version, the battle over E-Verify is far
    from over.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0217.shtm#Headlines
    _________________________________________________________________
    7.  ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
    newsletter in Immigration Daily, see here
    http://www.ilw.com/corporate/cross_promotions.shtm.
    (a) New Attorney- Skokie, IL
    Immigration Law Associates, P.C. is pleased to welcome Matthew I.
    Bernstein as a Senior Associate Attorney. Matt joins us from
    Chicago-Kent College of Law in Chicago, where he was a professor
    and practiced immigration and nationality law. He not only brings
    years of knowledge regarding a full spectrum of immigration law
    issues, but also his extensive deportation and removal experience
    to our team. Matt is licensed to practice in Illinois and is a
    member of AILA.  www.immig-chicago.com.
    _________________________________________________________________
    8.  LETTERS
    Readers are welcome to share their comments, email:
    mailto:editor@ilw.com  (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    Roger Algase's (02/12/09 ID) letter alleges that we would never
    treat immigrants "from North of here" as harshly as those from
    "south of here" in the context of the immigrant being the clearly
    American family's primary breadwinner. Nonsense. We deported
    British and Canadian spouses who had homes here in the USA after
    9-11. We even deported blonde Germans and people who spoke with a
    brogue. I do not like the policy, and some of those voting for
    that sort of thing surely are motivated by the racism Mr.
    Algase's letter describes everywhere, but the cheap shot is
    factually untrue. As for the rest of the letter to the Editor, I
    agree with it, except that place of origin is actually a pretty
    good predictor of success here, though that success rate changes
    over time. For example, British doctors, even if ethnically
    Mongol, Somali or Pakistani, probably assimilate better here than
    Mongol, Somali or Pakistani doctors coming straight from the
    mother country. Cantonese, Armenians and Basques seem to do
    particularly well in the USA (pace Mr. Yang) so I'm not asserting
    some sort of racial stalking horse, just arguing that nation of
    origin and culture are worth taking a look at in future
    immigration reforms, especially if the recent performance of
    immigrants from various locations is factored into future quotas
    from particular countries or categories (say, Iranian Jews and
    Bahais, unquestionably above par performers as a group).
    Honza Prchal, Esq.  Birmingham, AL
    (b) Dear Editor:
    Robert Yang's letter (02/13/09 ID) once again drones on about the
    global economy, world wide competition, labor monopolies and
    consumers' rights to shop for better deals, criticizing Americans
    for not understanding. Alright, already, move on. While Mr.
    Yang's letters may make some points, they were made long ago.
    Rehashing those a hundred different times offers no suggestion as
    to how to reform our immigration system. How can US immigration
    laws be written to achieve the type of globalization his letters
    advocate? I agree with Mr. Yang's letters that legitimate
    business travelers and tourists should more easily be allowed
    entry into the US, and that visas are often arbitrarily denied to
    Chinese. This policy should change in a global economy. Mr.
    Yang's letter claims that, "Brazilians fingerprint and photograph
    only American visitors and require Americans to obtain visas and
    pay $100 fee to get one, so do Chinese." Not true. Americans pay
    $130 for a Brazilian visa; the same as Brazilians pay for a US
    visa, under the legal doctrine of reciprocity. Likewise do
    Chinese. The Brazilian Consulate's web page makes no mention of
    fingerprinting. Since a visa application can be filed other than
    in person, for a $20 extra fee, this does not seem likely. I was
    not fingerprinted when I applied for my Chinese visa. If
    interpretation of law is incorrect, or if facts are wrongly
    stated, it is impossible to maintain credibility. In past weeks,
    there have been far too many misinterpretations of law and too
    many incorrect facts bandied about in Letters to the Editor.
    Let's get the facts and the interpretation of law right, or
    remain silent. I hear my nanny calling, telling me to get to work
    solving my clients' immigration problems, listening carefully to
    the facts and correctly applying the law.
    David D. Murray, Esq.  Newport Beach, CA
    (c) Dear Editor:
    Why remit any correspondence to a Congressman or Senator when as
    I see it there seem no impact to this telephones calls,
    correspondence or e-mail what the public needs to do is those who
    can vote start deleting the congress of whoever has been there
    more than two terms and the Senate at least one term and put
    another face in the podium.  If this is done a few times I bet
    the congress people and senate people will listen.
    Gladys C. Farris
    (d) Dear Editor:
    A 2002 issue of Immigration Daily included a list of countries
    that were recognized for extended validity on their passports
    (the 6-month rule). I was on ILW.COM trying to find an updated
    version but couldn't.
    Joan  Stony Brook, NY
    Editor's note: Try using our advanced search engine to find any
    document on our website.
    (e) Dear Editor:
    H. Prchal's (02/12/09 ID) letter deserves a response. My letters
    do not believe it is "acrimony to no purpose" to question the
    "allegiance" of those who , sincere or not, advocate such
    policies as open borders, birthright citizenship for illegals,
    visa waivers or CIR. It is the opinion of restrictionists that
    these views which result in excessive entry, weakened security
    and cheapened citizenship are harmful to US, whether made
    oblivious to the harm or in full awareness, the damage is still
    done. We are not only entitled to such views, but believe that
    they are the correct ones. The Constitution, similarly, is a
    document that attempts to limit government to increase liberty
    and to benefit society.  We observe that deviating from this
    limited standard (such as the 1986 amnesty), tolerating visa
    fraud, lax border security or even excessive legal entry results
    in a diluted, chaotic society as does straying from the
    Constitution, bail-outs, wars, fiat money, etc. We observe that
    citizens with strong ethnic backgrounds often show little or
    divided allegiance to US which is why entry has to be limited and
    enforced. R. Yang and others claim to be Americans, but have
    globalist views which precludes nationhood. It is not necessary
    to sacrifice America to compete or to abandon or minimize entry
    enforcement as the letters of M. Freedman and R. Algase would
    have us do because there are sad stories here and elsewhere. If
    one is suffering and even dying of cancer or sees the ship
    sinking, it is not "acrimony to no purpose" to attempt to address
    the causes to correct the situation, it is moral concern with a
    purpose.  This is not "confusing its own politics with
    fundamental American values", rather it is supporting and
    honoring them.  "Oh, I see", said the blind man.
    Jim Roberts
    _________________________________________________________________
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  3. LIGHTER SANDERS H-1B PROVISION INCLUDED IN STIMULUS BILL

    by , 02-13-2009 at 08:33 AM (Greg Siskind on Immigration Law and Policy)
    Reports in some quarters that the Sanders Amendment was stripped from the stimulus were incorrect and the measure remains in the stimulus bill about to be voted on by both Houses of Congress. The bar on all hiring of H-1Bs by banks receiving bailout funds was modified in the Senate and now allows the banks to hire H-1B workers but comply with the H-1B dependency rules. The rule will be in effect for two years. As I noted earlier in the week, this bill will only affect a few hundred workers as most of the recipients of TARP funds barely use the program. Note that the dependency rules will apply regardless of whether the employer has fewer than 15% of employees in H-1B status and regardless of whether the employee makes greater than $60,000, two bases for exemptions in normal dependency situations. We believe, however, that the rule does not apply to extensions. Banks receiving the funds will need to check the H-1B dependent box on the Labor Condition Application form and make the following attestations:1. Hiring H-1B workers will not displace US workers in the employer's work force.
    2. Hiring H-1B workers will not displace US workers in another employer's work force (secondary displacement).
    3. The employer recruits and hires US workers that are equally or better qualified than the H-1B non-immigrant applicant.The non-displacement rule bars employers from laying off workers in essentially equivalent positions and replacing them with H-1B non-immigrants. The lay off period covered is the 90 days before and ending after the filing date of the H-1B petition. As for what is "essentially equivalent" USCIS will look to job responsibilities, duties, qualifications, experience and area of employment. To prove it has not violated the non-displacement rules, employer must retain all records relating to the termination of employees during the 180 day period. The regulations list a variety of items that must be retained including the terminated worker's job title and description, experience and qualifications, assignments, documents related to the departure of the employee, documentation relating to job performance, etc. Dependent employers must also demonstrate that they have attempted to recruit US workers to fill the position that is the subject of the H-1B petition. Recruiting must meet industry-wide standards and offer salaries as high or higher than being offered to the H-1B worker.
  4. Immigration and "the Better Angels of Our Nature"

    by , 02-12-2009 at 07:48 PM (Angelo Paparelli on Dysfunctional Government)
    The bicentennial of Abraham Lincoln's birth is a fitting moment to ponder the state of our fractious and fractured nation of immigrants.  Ending his First Inaugural Address, President Lincoln spoke prophetically in words that could well describe the path America must pursue if the deep divide over immigration policy is ever to be bridged:

    We are not enemies, but friends. We must not be enemies. Though passion may have strained it must not break our bonds of affection. The mystic chords of memory, stretching from every battlefield and patriot grave to every living heart and hearthstone all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature.
    The hate speech and hate crimes, the demonization of immigrants by some, cannot be allowed to represent to the world the values that America holds dear.  The hypocrisy and prejudice of non-native nativists, whose forebears displaced the indigenous peoples of North America, cannot be permitted to stanch the lifeblood of this country, its ever-vibrant tradition of renewal and reinvention through immigration. 
    The justifiable fears of many Americans about an economy run amok ought not blind us to the manifold contributions to our prosperity that immigrants have always made and, if permitted, will continue to make.  Shekhar Gupta, editor of The Indian Express put the point eloquently to New York Times columnist, Thomas Friedman:

    Dear America, please remember how you got to be the wealthiest country in history. It wasn't through protectionism, or state-owned banks or fearing free trade. No, the formula was very simple: build this really flexible, really open economy, tolerate creative destruction so dead capital is quickly redeployed to better ideas and companies, pour into it the most diverse, smart and energetic immigrants from every corner of the world and then stir and repeat, stir and repeat, stir and repeat, stir and repeat.
    Others among our better celestial spirits, the Interfaith Immigration Coalition, held a press conference with Members of Congress on Feb. 11 to announce the launch of the campaign for "Prayer, Renewal and Action on Immigration" and to publish its Interfaith Platform on Humane Immigration Reform.  Serendipitously, the secular Migration Policy Institute just released a scholarly report and 36 recommendations on how our broken immigration system can be repaired and made to function.
    Whether the motivation be a hard-nosed pragmatism founded on dollars and sense, a faith-based commitment (reflected in Bruce and Judy Hake's article, The Scriptural Foundations Of An Open Immigration Policy, and Rev. Joan M. Maruskin's accompanying compilation of passages from the Koran), or the studied views of respected immigration policy experts, the time is now to vivify President Lincoln's profoundly humane and practical vision for America. 
    Immigration reform cannot wait for a more appropriate day.  With courage in Congress, the White House and among the American people, comprehensive immigration reform will sooner than later be enacted, so that we can "yet swell the chorus of the Union, when again touched, as surely [we] will be, by the better angels of our nature."
  5. IMMIGRANT OF THE DAY: TAPAN THAKUR - PHYSICIAN

    by , 02-12-2009 at 01:12 PM (Greg Siskind on Immigration Law and Policy)

    The American College of Physicians has honored Indian-born Tapan Thakur, MD as one of the nation's top ten hospitalists. Thakur works right in my home town of Memphis and was noted for his development of a new system to improve patient care by re-engineering communications both within the hospital and with referring physicians.
    Attached Thumbnails Attached Thumbnails Click image for larger version. 

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