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Jan 31 - Search Us

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

January 31, 2011,0131.shtm


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.,0131-murthy.shtm

3. Article: Leading Vacuum Cleaner Manufacturer Reaches

Settlement For Unfair I-9 Practices by John Fay,0131-fay.shtm

4. Bloggings: PERM: Wage Offered V. Wage Paid by Joel Stewart,0131-stewart.shtm

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

Inbound Businesses, Entrepreneurs And Investors by Angelo


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

Honor Student Faces Deportation by Matthew Kolken,0131-kolken.shtm

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

Jason Dzubow,0131-dzubow.shtm

8. Bloggings: Tea Party Senators Introduce Birthright Citizenship

Bill by Greg Siskind,0131-siskind.shtm

9. Bloggings: H-1B Cap Has Been Reached by Chris Musillo,0131-musillo.shtm

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

L-1 Fees,0131-fees.pdf

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

Reopen Or Reconsider,0131-uscis.pdf

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


++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


++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


++ 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: Fax form: Don't delay, sign up


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

resource for immigration law practitioners. Get your copy at

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

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

17. Headline: Racist rascal faces recall

immigration AZ

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

Civil War immigration

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

wanted ad on Immigration Daily. Find out more details at

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 Follow ILW.COM on Twitter:



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 Submit cover letter, resume, and writing

sample (max. 10 pps.) to:

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

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 No calls please.


3. Help Wanted: Immigration Paralegal

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

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

4. Help Wanted: Immigration Paralegal

New York, NY - Midtown Manhattan Immigration Law Firm

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:

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

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:,


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,

call 404.843.0688 or find us on the web at

To place a classifieds ad in Immigration Daily, see here



1. ReadersWrite: Yesterday's Discussion

2. ReadersWrite: Today's Discussion

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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

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

no charge), email:


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

not legal advice. Transmission of this information is not

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attorney-client relationship. Readers must not act upon any

information without first seeking advice from a qualified

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  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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