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Jan 31 - Search Us

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


January 31, 2011



 


http://www.ilw.com/immigrationdaily/digest/2011,0131.shtm

ITEMS


1. Comment: Search Us - Are you looking for specific information,


like an article, a memo, or a regulatory provision? The familiar


power of Google search is at your fingertips when you search


ILW.COM. The Google Custom Search box appears at the bottom of


every page and at the top of the blue left menu strip. Give our


new search a try, and see for yourself.


2. Article: H1B And H-4 Visa Applications In India Plagued By


221(g) Refusals: Part 2 by Sheela Murthy, et al.



 


http://www.ilw.com/articles/2011,0131-murthy.shtm

3. Article: Leading Vacuum Cleaner Manufacturer Reaches


Settlement For Unfair I-9 Practices by John Fay



 


http://www.ilw.com/articles/2011,0131-fay.shtm

4. Bloggings: PERM: Wage Offered V. Wage Paid by Joel Stewart



 


http://www.ilw.com/articles/2011,0131-stewart.shtm

5. Bloggings: The Nine Best Immigration Practices For U.S.-


Inbound Businesses, Entrepreneurs And Investors by Angelo


Paparelli



 


http://www.ilw.com/articles/2011,0131-paparelli.shtm

6. Bloggings: And From President Obama's Other Face, Another


Honor Student Faces Deportation by Matthew Kolken



 


http://www.ilw.com/articles/2011,0131-kolken.shtm

7. Bloggings: Book Review: The Struggle To Save Soviet Jewry by


Jason Dzubow



 


http://www.ilw.com/articles/2011,0131-dzubow.shtm

8. Bloggings: Tea Party Senators Introduce Birthright Citizenship


Bill by Greg Siskind



 


http://www.ilw.com/articles/2011,0131-siskind.shtm

9. Bloggings: H-1B Cap Has Been Reached by Chris Musillo



 


http://www.ilw.com/articles/2011,0131-musillo.shtm

10. News: USCIS Publishes Memo On Increase Of Certain H-1B And


L-1 Fees



 


http://www.ilw.com/immigrationdaily/news/2011,0131-fees.pdf

11. News: USCIS Publishes Interim Memo For Comment On Motions To


Reopen Or Reconsider



 


http://www.ilw.com/immigrationdaily/news/2011,0131-uscis.pdf

12. News: USCIS Announces Beta-testing Of VIBE Tool



 


http://www.ilw.com/immigrationdaily/news/2011,0131-vibe.shtm

13. Focus: PERM For Experts


ILW.COM is pleased to announce "PERM For Experts" a 3-part


telephone seminar series. Tuesday, February 1 is the deadline to


sign up, the curriculum is as follows:


FIRST Phone Session on February 2: Pre-Recruitment Issues


++Employer Registration with PERM (Legal name of company vs.


d/b/a)


++Prevailing Wages and the economy (As process driver and


important considerations - soc code, job zone, level; Drafting


the job description with the wage, job zone, and employment


category in mind; Timing of PW [wrt to start of recruitment or


filing for PERM]; Ability to pay; Private wage survey Towers


Watson [f/k/a WW], Radford, collective bargaining agreement,


etc.; Validity of PW [Matter of Apollo Consulting]; Appeal of PW


- is it worth it;


++Layoffs in company, industry, geographic region


++Business Necessity (Readiness to defend necessity;


Documentation required; Tips to avoid audit; Business necessity


for "cook" position - excessive experience, Matter of Robertos


Mexican Food; Business necessity for BA + 3 for a "Senior


Software Engineer" position, Matter of Wissen, Inc.


++Drafting the 9089 Form to avoid denials (Employee skill section


and job requirements - must they mirror each other?; Everything


must be included in the form, Matter of Moreta and Associates,


Int.; Drafting form so that all required skills can be shown on


job experience section; Ensuring that all employment verification


letters, licenses, etc. are in the file prior to filing; No


appeal for failure to follow direct instructions - the form


requires all prior jobs that support the application; Alternative


requirements - what is substantially equivalent [Global Net,


Amendment of H-1B if "Dissimilar"])


SECOND Phone Session on February 10: Recruitment Issues


++Professional or not (what to do in borderline cases; is


Schedule A determinative?)


++Advertising media - Internal consistency - NOF, PERM, PW,


Recruitment (Letter to publisher asking for ad to be placed and


proof suggesting payment for ad, insufficient, Matter of Natural


Nature, Inc.; BALCA Affirms Denial Finding Requirement in Ad Less


Favorable Than ETA 9089; Ads listing requirement of background


check not in notice or PERM form, less favorable, Matter of Noll


Pallet & Lumber Co.; All additional advertisements must comply


with 20 CFR 656.17(f) content requirements, Matter of Credit


Suisse Securities


++Documenting recruitment (Job Order; Matter of Mandy Donuts;


Screenshot of the SWA job posting, Matter of American Airlines;


Internal Recruitment Program, Matter of Sanmina-Sci; Website


posting (dated copies); Matter of Hawthorne Suites; Matter of


EZChip; Signed recruitment report insufficient as proof that


employer placed ads on its website or job search websites.


Screenshots are required, Matter of Transatlantic Systems, Inc.;


Professional journals; The ten options)


++Notice of Filing ("Offered wage" Matter of O'Brien & Van


Stiphout; Matter of Alum-A-Lift; Timing - Ten business days,


document that company is open during holidays/weekends. "Business


days" for purposes of the notice requirement under 20 CFR


656.10(d)(1)(ii), Matter of Il Cortile Restaurant; Name of


business - fatal to application in Matter of Robert Venuti


Landscaping


++Job applicants (Documentation; Contacting; Interviews;


Results of Recruitment)


++Recruitment Report (Content and backup documents)


THIRD Phone Session on March 10: Post-Recruitment Issues


++Audits (Increase in audits; what to do if the beneficiary was


laid off; Response to audit when the beneficiary was laid off;


Deadlines; DOL indication about debarment)


++Supervised Recruitment (Will be stepping up; Matter of Ola


Miami - opportunity to provide evidence of previous work


experience)


++ Request for Review/Reconsideration or Appeal (Matter of CVS RX


Services; New evidence on reconsideration evidence that existed


at the time the application was filed, but was not submitted in


response to the CO's audit is barred from a reconsideration


request by 20 CFR 656.24(g)(2)(i), Matter of Techdemocracy)


++Further Strategies (Possibe BALCA appeal; Re-filing)


Tuesday, February 1 is the deadline to sign up. For more info,


including speaker bios, detailed curriculum, and registration


information, please see: Online:



 


http://www.ilw.com/seminars/201101.shtm. Fax form:

 


http://www.ilw.com/seminars/201101.pdf. Don't delay, sign up

today.


14. Headline: Business Immigration Forms and Strategies. A handy


resource for immigration law practitioners. Get your copy at



 


http://ow.ly/3z08N

15. Headline: Alfonso Aguilar: Obama's Empty Words on Immigration



 


http://ow.ly/3Nn5h

16. Headline: Why undocumented workers are good for the economy



 


http://ow.ly/3Nmth immigration

17. Headline: Racist rascal faces recall


http://ow.ly/3MjVF

immigration AZ


18. Headline: Republican traitors in Senate want to re-fight



Civil War


http://ow.ly/3MisU immigration

19. Headline: Looking for the best candidate? Carry your help


wanted ad on Immigration Daily. Find out more details at



 


http://ow.ly/3z02s

20. Headline: Sign up today for ILW.COM's PERM for Experts


Seminar! Deadline for Registration is February 1st! FIRST Phone


Session on February 2


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 Attorneys


Lees Summit, MO - U.S. Citizenship and Immigration Services


(USCIS) Office of the Chief Counsel, Department of Homeland


Security (DHS), seeks an experienced attorney with demonstrated


experience in the Freedom of Information Act, Privacy Act, and


other laws related to federal records. The selectee will work at


USCIS. National Records Center (NRC) located in Lees Summit, MO.


The selectee for this vacancy will serve as a senior attorney


providing advice to the Chief of the Commercial and


Administrative Law Division, the Chief Counsel, and USCIS


officials located at the NRC on issues related to federal


disclosure laws and other forms of general administrative law in


support of USCIS. mission. The attorney would report to the


Deputy Chief of the Commercial and Administrative Law Division in


Washington, D.C. The attorney must have five or more years of


professional legal experience, acquired after being admitted to


the bar. For more info, key in Job Announcement Number: COU-


CIS-2011-0001 at



 


http://www.usajobs.com/. Submit cover letter, resume, and writing

sample (max. 10 pps.) to:


mailto:Lakisha.Richardson1@dhs.gov.

Must be received by close of business, Tuesday, February 15,


2011. Position is at the GS-12/GS-13/14/15 level.


2. Help Wanted: Immigration Attorney


Washington, DC - Immigration law firm



 


http://www.immigrationgroup.com

in the K Street area of Downtown Washington seeks associate


attorney. Ideal candidate will have 2-3 years experience in


business/family immigration law, with an emphasis on AOS, H1B, L1


and PERM filings. Interesting work and clientele; no timesheets;


latest technology; competitive salary and benefits (401K


w/employer match, health insurance, paid vacation, etc).


Successful applicants will have broad knowledge of immigration


law and procedures; be detail-oriented; able to handle volume;


highly organized and strong communicators. Please email resume,


cover letter, writing sample and salary requirements, in



confidence, to


mailto:jobs@immigrationgroup.com. No calls please.

EOE.


3. Help Wanted: Immigration Paralegal


Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo,P.C.



 


http://www.mintz.com

seeks immigration legal assistant who will report to immigration


section manager and supports immigration attorneys. Prepare H-1B,


L-1, O-1, TN, and E-1/E-2 visas and PERM application; file


business and employment-related immigration documentation under


supervision of attorneys; extensive communication with clients


and government agencies; assist on


special projects as assigned. Bachelor's degree and 3+ years


business immigration experience required; excellent customer


service skills; strong communication skills; must be organized,


detail oriented, responsive and have excellent follow through


skills; multi-task and work independently; strong sense of


accountability and ownership of projects; ability to prioritize


workload effectively; flexibility to work overtime when



necessary. Please send resume to


mailto:mlhr@mintz.com.

4. Help Wanted: Immigration Paralegal


New York, NY - Midtown Manhattan Immigration Law Firm



 


http://www.law-immigration.com

seeks experienced paralegal. Must have 2+ years of experience


with non-immigrant visas (primarily O & P, H/L/E visas) as well


as other business immigration matters. Please e-mail resume,


references and writing sample to:



 


mailto:jgabel@law-immigration.com

5. Immigrant Tax Services


Are you worried that your clients' tax returns might hurt their


adjustment, cancellation or consular processing case? Did you


know that clients making less than $46,000 qualify to obtain


retroactive refunds after they obtain Social Security Numbers via


any immigration process? Did you know that taxpayers can claim an


exemption for dependents residing in Mexico or Canada? Sam Rock,


principal of the Rock Law Group, specializes in taxes for


immigrants. He is an immigration lawyer, national speaker and has


published several AILA articles on the intersection of


immigration and income tax law. Contributor to tax section,


Kurzban's Immigration Law Sourcebook, 2010-11. With 10 years


experience preparing tax returns for immigrants, we can help you


understand your client's eligibility to file as head of household


and make dependent claims. Get your legal fees paid from your


clients' unclaimed tax refunds. Rush service in 48 hours.


Educating Haitian nationals



 


http://www.haitiantaxrefund.com

about retroactive tax credits available to Haitian recipients of


TPS. Services: original 1040s, amended returns, expert letters,


testimony, resolution of IRS tax debt, audits/exam from all


states and U.S. taxpayers living abroad. Competitive fees. Get



tax knowledge on your side. Contact:


mailto:sam@rocklawgroup.com,

866-243-8178,


http://www.rocklawgroup.com

This is an advertisement by an attorney.


6. J1 Visa Program


Fast, easy application process; 48-hour processing; $995


processing fee. Welcome to HTP's world of international


exchanges. We are a Department of State designated sponsor of the


intern and trainee programs. We are the go-to sponsor for



numerous immigration attorneys. Email


mailto:mario@htp-usa.com,

call 404.843.0688 or find us on the web at


www.htp-usa.com.

 


http://www.htp-usa.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/2011/01/28_government_times.html#comments


2. ReadersWrite: Today's Discussion



 


http://blogs.ilw.com/immigrationdaily/2011/01/31_search_us.html#comments

To submit an Article for consideration, write to



 


mailto:editor@ilw.com

_________________________________________________________________


ComingsNGoings


ComingsNGoings: Immigration Event February 8, Teleconference -


USCIS International Operations Division invites you to


participate in a teleconference concerning the processing


procedures for Refugee and Asylee Follow to Join cases. If you


have any questions concerning this teleconference, please contact


the Office of Public Engagement at public.engagement@dhs.gov.


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


colleague!


Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X


An Important disclaimer! The information provided on this page is


not legal advice. Transmission of this information is not


intended to create, and receipt by you does not constitute, an


attorney-client relationship. Readers must not act upon any


information without first seeking advice from a qualified


attorney. Copyright 1999-2010 American Immigration LLC, ILW.COM.


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


articles may be edited and may be published and otherwise used in


any medium. The views expressed in letters and articles do not


necessarily represent the views of ILW.COM.


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Comments

  1. Neil A. Weinrib, Esq., New York, NY's Avatar
    If you include articles such as Sheela Murthy's recent two-part series on H-1B Consular denials in India, I believe the authors should include footnotes and references to statutes, regs, etc. It certainly adds professionalism to the articles.
  2. click here's Avatar
    When I was done, I still had some energy left. I also noticed that the boys were arguing again. So I took out the vacuum cleaner.
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