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Apr 13 - Novel Legal Theories

Rating: 3 votes, 3.67 average.


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


April 13, 2011



*


http://www.ilw.com/immigrationdaily/digest/2011,0413.shtm

ITEMS


1. Comment: Novel Legal Theories - The Supreme Court will soon


issue an opinion on the Arizona E-verify case. Immigration Daily


has pointed out many times that we believe that the Supremes will


rule in favor of Arizona. Such a ruling would be a double-edged


sword. Under the theory that the state may issue licenses using


such criteria that it deems fit, the state of Utah has enacted


legislation extending work authorization to undocumented


immigrants. Several other states, including New York, are


contemplating similar bills. While we believe that such state


laws would be preempted, testing a novel legal theory in court is


a privilege which cannot be denied any state, regardless of where


it stands on public policy toward the undocumented - unfriendly


like Arizona, or friendly like Utah. Such testing merely points


out the failure to act of the party where the ultimate


responsibility lies - US Congress. We urge our federal


legislators to take note of the initiatives of the states and


rise to the occasion.


2. Article: Government Speakers Present on I-9 and E-Verify


Issues by John Fay



*


http://www.ilw.com/articles/2011,0413-fay.shtm

3. Bloggings: They're Baaaack! - Social Security No Match Letters


Return by Greg Siskind



*


http://www.ilw.com/articles/2011,0413-siskind.shtm

4. Bloggings: Asylum for Albinos by Jason Dzubow



*


http://www.ilw.com/articles/2011,0413-dzubow.shtm

5. News: USCIS Publishes Approval And Denial Statistics For Form


I-140



*


http://www.ilw.com/immigrationdaily/news/2011,0413-i140.shtm

6. News: USCIS Publishes Executive Summary From O Visa


Teleconference



*


http://www.ilw.com/immigrationdaily/news/2011,0413-ovisa.pdf

7. News: USCIS Updates H-2B Cap Count



*


http://www.ilw.com/immigrationdaily/news/2011,0413-h2bcap.shtm

8. Focus: The Physician Immigration Book


ILW.COM is pleased to announce The Physician Immigration Book


edited by Robert Aronson. Contributors are: Mary Amundson, Robert


Aronson, Lisa Atkins, Therese Bart, Janice Bianco, Ingrid Brey,


Brian Bruner, Elise Bruner, Jacqueline Bucar, Lisa Claypool,


Kristi Crawford, Karen Dean, Alex Dgebuadze, Robert Divine,


Goldie Domingue, Maria Fritzinger Elias, Eleanor Fitzpatrick,


Roberta Freedman, Kristen Harris, Wendy Hess, Dayna Kelly,


Khorzad Mehta, Jennifer Minear, Bruce Morrison, George Newman,


Elizabeth Neuwirth, Ana Pottratz Acosta, Karen Pollins, Jennell


Prentice, Elizabeth Quinn, Michelle Scimecca, Suzanne Seltzer,


Carl Shusterman, Greg Siskind, Rita Sostrin, Tim Skinner, Sarah


Peterson Strensrud, Margaret Stock, Hamel Vyas, Tracy Wallowicz,


David Ware, Nathan Waxman, Andrew Wizner and Robert Whitehill


The book outline is as follows:


INTRODUCTION


++Healthigration: Immigration Meets Healthcare Reform by Robert


Aronson


THE PHYSICIAN WORKFORCE AND HEALTHCARE REALITIES


++U.S. Physician Workforce Policy And The Role Of International


Medical Graduates: Modest Proposals For A New Era by Kristen


Harris


++Immigration Attorneys And In-House Recruiters: The Essential


Connection by Tim Skinner and Jennell Prentice


++Rural Healthcare & Conrad 30 J-1 Waivers by Mary Amundson, and


Therese Bart


THE J-1 EXCHANGE VISITOR PROGRAM: VIEWS FROM THE INSIDE AND THE


OUTSIDE


++The Evolution Of The J-1 Exchange Visitor Program And The


Foreign Residence Obligation: How They Developed To Control


Employment In Graduate Medical Education By International Medical


Graduates by Ingrid K. Brey


++ECFMG Role in Administering the J-1 Physician Program by


Eleanor Fitzpatrick & Tracy Wallowicz


++J-1 Clinical Training For Physicians: Institutional


Consideration & Concepts by Lisa E. Claypool and Hamel Vyas


++International Medical Graduates And The J-1 Exchange Visitor


Program: Institutional Roles And Responsibilities by Janice


Bianco


STARTING THE IMMIGRATION PROCESS: THE ART OF THE CLIENT INTAKE


PROCESS


++Physician Intake And Issue Spotting by Robert S. Whitehill


J-1 WAIVER STRATEGY AND PRACTICE FOR PHYSICIANS


++50 Ways To 30 Waivers: The Conrad State 30 Program by Suzanne


Seltzer


++Fundamentals And Relevance Of Underserved Designations by


Robert D. Aronson


++Interested Government Agency (IGA) Clinical Waiver Programs by


Goldie C. Domingue


++The New Veterans Health Administration - Again? by Michelle M.


Eaton Scimecca


++J-1 Waivers Through the U.S. Department Of Health And Human


Services (HHS) - Promoting Excellence And Impact In Biomedical


Research by Elizabeth Quinn


H-1B TEMPORARY WORKER CONSIDERATIONS AND STRATEGY FOR PHYSICIANS


++Brief Overview Of Physician's Use Of H-1B Visa Category by


George S. Newman


++H-1B Visas For Physicians-In-Training: A Marathon Or An


Obstacle Course? by Alexander Dgebuadze and Rita Sostrin


++Tracking The Intractable: H-1B Fulfillment Issues For


International Medical Graduates by Khorzad Mehta


++A Look At Selected Cutting Edge Issues For H1-B International


Medical Graduates by Andrew L. Wizner


++CSpouses Should Derive More H-1B Time Along With The Green Card


Process by Robert Divine


++Who Calls The Shots: The Corporate Practice Of Medicine And


Defining The Employer In H-1B Physician Cases by Jacqueline D.


Bucar and Elizabeth M. Neuwirth


ASSESSING ALL POSSIBILITIES: OTHER NONIMMIGRANT VISA OPTIONS FOR


PHYSICIANS


++Alternative Non-Immigrant Visa Options For International


Medical Graduates by Roberta Freedman and Lisa Atkins


++Canadian Physicians - Separate And Unequal by Carl Shusterman


LONG TERM OPTIONS: PERMANENT RESIDENCE AND NATURALIZATION


++Threading The Needle: Counseling The International Medical


Graduate On Options For Lawful Permanent Residence by Jennifer A.


Minear


++Traversing The Permanent Residence Landscape For International


Medical Graduates: A Comparative Analysis by Brian T. Bruner


++Take One Aspirin And A Zantac Before Proceeding: The Alien


Labor Certification Process For Physicians by Wendy Castor Hess,


Karen M. Pollins and Maria P. Fritzinger Elias


++"Establishing Business Necessity In Physician Labor


Certification: Is It Ever A Necessity? by Dayna Kelly


++"The Special Handling Labor Certification In The Context Of


Medical Schools by David Ware


++Obtaining The NIW Attestation Letter Of Support: Practical


Guidance And Considerations by Elise Bruner


++Searching For The Five-Year Cure: Eligibility Issues Following


Completion Of The Employment Obligation In NIW Cases by Robert


Aronson and Ana Pottratz Acosta


++Twelve Years After: Six Post - NYSDOT Physician NIWs: 2010


Update by Nathan Waxman and Karen L. Dean


++Military Service As An Option For Foreign Health Care


Professionals by Margaret D. Stock


COMPLIANCE CONSIDERATIONS


++The Legacy Of Kutty: Does Kutty Change Who Is Responsible For


Paying H-1B Attorney Fees? by Sarah Peterson Stensrud


DESIGNING A BETTER MOUSETRAP: SOME THOUGHTS ON LEGISLATIVE REFORM


++The Legislative Horizon For Physician Immigration by Greg


Siskind


++A Simpler Future For FMGs - The MD Visa by Bruce A. Morrison


For more info on The Physician Immigration Book and to order:



Online:


http://www.ilw.com/books/ThePhysicianImmigrationBook.shtm

By Fax:


http://www.ilw.com/books/ThePhysicianImmigrationBook.pdf

9. Headline: Ga. House to vote on immigration


http://ow.ly/4zlZN

10. Headline: Obama Double-Talks on Immigration


http://ow.ly/4zlXE

11. Headline: Man recruited fake army in immigration scam,



prosecutors say


http://ow.ly/4zlV6

12. Headline: Daniels: Immigration bill should focus on employers



*


http://ow.ly/4zlOY

13. Headline: Another win for Obama, undocumented


http://ow.ly/4zlBn

14. Headline: Meg Whitman says the GOP must change its approach on



immigration


http://ow.ly/4zlsc

15. Headline: Fired workers say Chipotle was soft on immigration



*


http://ow.ly/4zlp8

16. Headline: Ga. House to take up thorny issue of immigration



*


http://ow.ly/4zlkT

17. Headline: Architect envisions border wall as good neighbor:


redesign the barrier to slow undocumented immigration



*


http://ow.ly/4zkVX

18. Headline: RT @andreachristina: one of the craziest immigration



scam stories I've read in a while.


http://ow.ly/4ziju

19. Headline: RT @1040NR Arizona's copycat immigration bill SB2040


may cause a price rise on farm goods for FL consumers



*


http://bit.ly/ghZlZ3

20. Headline: RT @mikebakerlaw The Deportation of a Parent...



*


http://bit.ly/gqztx1

21. Headline: RT @L_Republican And, even though @barackObama claims


not to have the executive authority to stop raids...



*


http://fb.me/TGAGQkXm

22. Headline: RT @cl_atlanta Undocumented youths arrested during



immigration protest won't be deported


http://bit.ly/if350V

23. Headline: Whole ACT-INA, 20/22/28 CFR and Citations: the most


respected reference immigration materials by PJ Patel available



at


http://ow.ly/4vjI4

To submit an Article or a news item to Immigration Daily, write



to


mailto:editor@ilw.com. Follow ILW.COM on Twitter:

*


http://www.twitter.com/ilwcom

_________________________________________________________________


CLASSIFIEDS


1. Help Wanted: Immigration ParalegalEnglewood, NJ - Wildes &


Weinberg, PC,



*


http://www.wildesweinberg.com

a prestigious immigration law firm, seeks experienced immigration


paralegal to train for 3 to 6 months in its Midtown Manhattan


offices before working permanently in its Englewood, NJ office to


work on immigrant and non-immigrant matters. Applicant must


possess 2+ years of work experience in the area of business


immigration, particularly with preparing, organizing and filing


PERM applications, O-1, E, H-1B and L-1 visas, as well as strong


writing and communication skills. Please send resume and cover



letter to


mailto:resume@wildesweinberg.com.

2. Help Wanted: Immigration Attorney


Downtown Chicago, IL - AzulaySeiden Law Group



*


http://www.azulayseiden.com/

seeks an immigration attorney. To be considered, a candidate


must have a minimum of 3 years experience practicing immigration


law. The firm deals in all areas of immigration, including


removal defense, business, family, appellate work and outbound


immigration services. Experience in removal defense and fluency


in a foreign language preferred. We seek a motivated, committed


individual who wants a focused, contemporary environment that


celebrates diversity. If you are a goal driven individual who


would appreciate the opportunity to work in a leading US


immigration law firm, you may be the right fit. We offer fair


compensation based on experience and incoming business, along


with a full benefits package and believe in promoting a healthy


balance between work and personal life. Please send a resume,


writing sample, law school transcript and any inquiries to



*


mailto:ksilberberg@azulayseiden.com.

3. Help Wanted: Immigration Paralegal</div>


Newark, NJ - Mid-size gateway firm



*


http://www.meyner.com/

seeks paralegal on a part-time or contract basis, with future


potential for full-time, to prepare full-range of business


immigration applications (including H-1B, L-1, PERM, I-140). Must


have BA degree with 1-2 years of business immigration experience


and excellent communication and writing skills. Competitive


compensation. Email resume, cover letter and salary requirements



to


mailto:asiliato@meyner.com.

4. Help Wanted: Immigration Paralegal


Raleigh, NC - Ogletree Deakins,



*


http://www.ogletreedeakins.com

a leading labor and employment law firm with offices located


throughout the nation, has an immediate opening for an


immigration paralegal in their Raleigh, North Carolina office.


Qualified candidates must have extensive employment based


immigration paralegal experience, preferably in a large law firm


environment. Duties will include preparation and filing of


petitions with a specific focus on labor certification


applications. Our outstanding group of paralegals also compile


and analyze case facts, draft correspondence, maintain and


organize client documentation and have direct contact with


multiple attorneys. Candidates must have extensive experience as


a business immigration paralegal with specific experience


drafting PERM labor certifications. Strong proficiency with MS


Word, Outlook, INS Zoom and a document management system is


required. Successful candidates will possess strong writing


skills and have excellent attention to detail. The ability to


multi-task and work independently as well as part of a team are


also important to this position as well as outstanding case


management and organizational skills. Send resume and cover


letter with salary requirements to:



*


mailto:nancy.bell@ogletreedeakins.com.

5. Help Wanted: Immigration Attorney


Raleigh, NC - Ogletree Deakins,



*


http://www.ogletreedeakins.com

a leading labor and employment law firm with offices located


throughout the nation, seeks an immigration attorney with 3 - 5


years of business immigration experience. Candidates must possess


extensive experience with PERM applications, H-1B, L-1, TN and E


visas. In addition, candidates must have experience working in a


high-volume business immigration work environment. All inquiries


are strictly confidential. Send resume and cover letter with



salary requirements to:


mailto:nancy.bell@ogletreedeakins.com.

6. CLE Immigration Event


Memphis, TN - (May 13-14, 2011) The Federal Bar Association in


conjunction with the Memphis Mid-South Chapter of the FBA; the


Mid-South Chapter of the American Immigration Lawyers Association


(AILA); and the U.S. District Court for the Western District of


Tennessee, invite you to join us for one of the most exciting


national immigration conferences available this year. The


confirmed speaker line-up is a who's who of well-renowned AILA


attorneys and government officials including Judges from The US


Circuit Court of Appeals, the Acting Director of EOIR and other


former and current Immigration Judges from across the country,


and counsel from The Office of Immigration Litigation (OIL). This


conference also offers the opportunity to hear from a panel of


ICE and USCIS supervisors as they discuss various immigration


issues that affect both the mid-South and the nation as a whole.


Come mingle with faculty without large crowds. This intimate


setting is perfect for both new and experienced practitioners


alike. Program includes special tracks for pro bono attorneys as


well as criminal lawyers. Earn up to 14 CLE hours (with a


possibility of 3 ethics hours offered) and have fun, too. Early


bird deadline is April 15, 2011. This Conference is limited to


400 participants. For more information, including speakers,


curriculum, see here.



*


http://fedbar.org/Sections/Immigration-Law-Section/Calendar/Immigration-Law-Seminar.aspx

For online hotel registration, see here.



*


https://resweb.passkey.com/Resweb.do?mode=welcome_ei_new&eventID=2630952&fromResdesk=true

7. Outsourcing Services For Attorneys


Start or expand your own Immigration Practice, while increasing


your revenue base, with the use of the experienced attorneys and


staff at Virtual Immigration Office (VIO),



*


http://www.virtualimmigrationoffice.com/

while increasing your revenue base. VIO can help you become an


experienced immigration practitioner in no time. We are a unique


company providing outsourcing services for lawyers - by lawyers!


VIO provides you with all the legal, technical and administrative


support you need to practice immigration law with the click of


your mouse. VIO has worked with US Consular Posts throughout the


world to assist clients in obtaining visas to enter the United


States to live and work. VIO has prepared every kind of


immigration documents, and VIO attorneys have extensive


experience in immigration litigation both at the Immigration and


Federal Court level. VIO does all the leg work allowing you to


increase your revenue and expand your service. Learn more at



*


http://www.virtualimmigrationoffice.com/

You can contact us at 877-846-4111 or


mailto:ordersvio@gmail.com.

To place a classifieds ad in Immigration Daily, see here



*


http://www.ilw.com/corporate/advertise_on_ilw.shtm

_________________________________________________________________


ReadersWrite


1. ReadersWrite: Yesterday's Discussion



*


http://blogs.ilw.com/immigrationdaily/2011/04/12_move_at_twitter_speed.html#comments

2. ReadersWrite: Today's Discussion



*


http://blogs.ilw.com/immigrationdaily/2011/04/13_novel_legal_theories.html#comments

To submit an Article for consideration, write to



*


mailto:editor@ilw.com

_________________________________________________________________


ComingsNGoings


ComingsNGoings: Immigration Reading Foreign and Guest Workers:


Immigration and Admissions Issues - Edited by Benjamin J. Ruiz -


Nova Science Pub Inc. - Hardcover, ISBN: 1617611824, $115.00 -



*


http://www.amazon.com/exec/obidos/ASIN/1617611824/

Readers can share professional announcements (up to 100-words at



no charge), email:


mailto:editor@ilw.com.

_________________________________________________________________


The first daily in the field of immigration. Forward this to a


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An Important disclaimer! The information provided on this page is


not legal advice. Transmission of this information is not


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Send correspondence and articles to editor@ilw.com. Letters and


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Comments

  1. Brittanicus's Avatar

    COMING TO A NEIGHBORHOOD NEAR YOU..?

    Every State that doesn't invest in the constraint of illegal immigration enforcement, is going to be invaded across their state borders. In the frontier state of Arizona that is battling the Dept of InJustice, the Liberal Court system, the open border crackpots as they try save the State from economic collapse, because foreign nationals stealing jobs, stealing entitlement and literary paying nothing into the State coffers. It been proven beyond the shadow of doubt, that other than the TEA PARTY caucus, politicians feel they have no responsibility to slam shut our borders. This is an accurate assessment when president Obama's Leftist backing allows drug and people smuggling allow Mexican trucks go into operation throughout our nation. All free Trade markets agreements are completely unfair to the American people. Our president promised to straighten these unfair treaties, so we have a level playing field; this still hasn't happened.

    California's notoriety is being labeled THE Sanctuary State, that just as Nevada, Arizona have been drowned in debt so is California with a $26 billion dollar deficit. It has been brought on partially by uncontrolled illegal immigration and the drying up of public welfare entitlements, meant for legitimate Americans and residents.

    WAKE UP AMERICA! DON'T LET THE ARROGANT POLITICIANS RAISE THE $14 TRILLION DOLLAR DEBT CEILING. DON'T LET THE US TREASURY PRINT MORE MONEY? WE NEED A BALANCED BUDGET AMENDMENT; OTHERWISE RADICAL LIBERALS WILL HAVE US BORROWING EVEN MORE FROM FOREIGN NATIONS AND INVESTORS.

    Like most promises of politicians, they are full of hot air. Even before Obama came to power with his Leftist progressive Czars, previous administrations have ignored the invasions from foreign countries. If they had been serious about stopping illegal aliens flooding this country, they would have made it a felony to enter? They would have constructed the--REAL--double fencing at the border and deploying the Nation Guard. The TEA PARTY will enact a bill to build the double border fence and push hard to enforce a permanent E-Verify, for every American worker; all long time employees or new hire. Nobody in the jurisdiction of United States will be exempt, with the full force of the law coming down on dirty business. Corporate welfare for business owners is a giant profit maker for those who use cheap labor. It's pure greed, ego and rot in the business community, that is exporting US jobs and delivering to this country impoverished foreigners, who taxpayers are force by law to pay for.In addition "Secure Communities" should be the law of the land, to detect immediately the hundreds of thousands of illegal alien criminals amongst us. Everybody--no matter who is being processed for an infraction or Felony, should be fingerprinted and if illegal, loaded into a ICE van.


    Rep. Ed Royce (R-Calif.) has introduced a bill (H.R.1274) titled "Keeping the Pledge on Immigration Act of 2011" that would increase border security and strengthen interior enforcement. Among the bill's provisions this legislation would: 1. Will provide up to 4,000 additional national guard troops patrolling the southern border; 2. Will reaffirm language mandating "operational control" of the border as defined in the 2006 Secure Fence Act; 3. Will provide double and even triple layer fencing by September 30, 2014; 4. Will provide additional visa security screening for high risk visas including in-person interviews and data sharing. America is importing poverty at an accelerating rate and billions of dollars are being bled from every American State.

    In the report, Ed Rubenstein, president of ESR Research and a former director of research at the Hudson Institute, reveals that the IRS knowingly allows illegal aliens to defraud taxpayers by getting cash through EITC payments of up to $5,750 for a family of five. The IRS also refuses to implement recommendations from its own Inspector General's office that could stop massive EITC fraud that costs taxpayers as much as $13 billion a year. Read the complete report at

    http://www.thesocialcontract.com/


    This is another reason all--AMERICANS, NATURALIZED CITIZENS AND LEGAL RESIDENTS SHOULD LOCATE AND JOIN THE TENS OF MILLIONS OF TEA PARTY ACTIVISTS IN THIS GATHERING STORM AGAINST LIBERAL PROGRESSIVES, OPEN BORDER LOBBYISTS. GAIN MORE FACTS AT NumbersUSA, JUDICIAL WATCH FIGHTING FOR LESSER GOVERNMENT; SECURE BORDERS, REMOVAL OF CORRUPT POLITICIANS TO SAVE OUR NATION.

    DONALD TRUMP FOR PRESIDENT! HE ISN"T GOING TO ROB US BLIND LIKE OTHER POLITICIANS! UNLIKE OBAMA AND GOP THIS POTENTIAL LEADER WILL RENEGOTIATE ALL SO-CALLED FREE TRADE TREATIES, SPECIFICALLY WITH CHINA AND MEXICO.
  2. Sam Martin's Avatar
    Thanks for sharing links and posts through your blog site.They always are very helpful to me.Thanks a lot again for sharing.
  3. Belstaff Clothing outlets's Avatar
    let's join our hands together to stop this kind of wrong doings. It may risk lives in the future if we just let them continue.
  4. criminal lawyer san diego's Avatar
    These and maybe most of them are just legal theories that still needs explanation and conclusion.
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