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Jan 28 - Government Times

Rating: 6 votes, 5.00 average.


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


January 28, 2011



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http://www.ilw.com/immigrationdaily/digest/2011,0128.shtm

ITEMS


1. Comment: Government Times - Visa Wait Times from the State


Department and Border Wait Times from CBP are among the various


government times you can find from our Processing Times page.



*


http://www.ilw.com/govttimes/index.asp

Of course, you can also get the latest Priority Dates, and both


Service Center and District Office Processing Times. Bookmark


this useful page and have the information available at your


fingertips!


2. Article: Plaintiff Lawyers in Demand for Corporate Commercial


Cases by Larry Bodine



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http://www.ilw.com/articles/2011,0128-bodine.shtm

3. Blogging: DHS Plans Crackdown Against Smugglers In Central


American by Jason Dzubow



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http://www.ilw.com/articles/2011,0128-dzubow.shtm

4. News: USCIS Reaches FY 2011 H-1B Cap



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http://www.ilw.com/immigrationdaily/news/2011,0128-h1bcap.shtm

5. News: CBP Issues Final Rule On Airports Of Entry Or Departure


For Flights To And From Cuba



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http://www.ilw.com/immigrationdaily/news/2011,0128-cuba.shtm

6. 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.


7. Headline: Illegal_hiring could cost businesses $25K a day



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http://ow.ly/3M03X

8. Headline: Immigration ReformBills find critics, supporters



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http://ow.ly/3LZVC

9. Headline: NewHaven Bakery Owner Pleads Guilty To Employing



IllegalAliens


http://ow.ly/3LYkt

10. Headline: Trumpeted ICE Program for Catching Illegal


Immigrants May Not Include Some Worrisome Suspects



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http://ow.ly/3LY9U

11. Headline: A call to action on immigration: Local


religiousLeaders hopeful for reform, despite political climate



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http://ow.ly/3LY5Z

12. Headline: 33 Arrested on Illegal Immigrant Charges



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http://ow.ly/3LXUp

13. Headline: Lawmaker Dials Down Rhetoric in Immigration Talks



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http://ow.ly/3LXRw

14. Headline: Immigration Voice: President's Vision on



Immigration "in the Right Direction"


http://ow.ly/3LXGx

15. Headline: Ariz. bill takes on birthright citizenship



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http://ow.ly/3LXDd

16. Headline: Arizona Drops the Anchor on 'AnchorBabies'



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http://ow.ly/3LXvW

17. Headline: USCIS: H1B cap is hit!


http://ow.ly/3LEFn

immigration


18. Headline: Don't be left out Get listed! Sign up for ILW.COM



Attorney Yellow Pages at


http://ow.ly/3z000

19. Headline: Anti-business GOP wants to hound employers



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http://ow.ly/3LxGy immigration

20. Headline: BREAKING: Immigrant youth to be banned from



colleges


http://ow.ly/3LwIR

21. Headline: Tax Compliance for Immigrants and Employers: The


Lawyer's Complete Guide. Don't wait! Get your copy today



*


http://ow.ly/3yZZ1

22. Headline: Akin Gump Partner Strays Off Reservation



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http://ow.ly/3LmtO

23. Headline: RT @msecimmigration: An interesting take on the



IMAGE program:


http://bit.ly/gBJGBy ICE Employer immigration

enforcement


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 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.


2. 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.

3. 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

4. Website Services


Gain the competitive edge with your new website from INSZoom, the


world's largest immigration software company. Choose from over


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customized logos and images, 60-70 pages of professionally


written immigration law content including news articles,


processing dates, and priority times posted directly on your


site. Our search engine optimization tools will increase your web


traffic and prioritize your site in the major search engines. Our


content management tool lets you update your site in real time.


Customizable intake sheet that can be integrated to your case


management software directly into your website. Bi monthly


newsletters and email blast tools enable you to stay in constant


touch with current clients and strengthen your potential client


base. Build leads and maintain a professional presence at a


reasonable cost with websites from INSZoom. Learn more online at



*


http://www.inszoom.com/websites

or contact a sales representative at (925) 244-0600 to start the


process of launching your new website today.


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/2011/01/27_letters_this_week.html#comments

2. ReadersWrite: Today's Discussion



*


http://blogs.ilw.com/immigrationdaily/2011/01/28_government_times.html#comments

To submit an Article for consideration, write to



*


mailto:editor@ilw.com

_________________________________________________________________


ComingsNGoings


ComingsNGoings: Immigration Event February 3 - The USCIS Office


of Citizenship and Office of Public Engagement invites any


interested individuals to participate in a teleconference meeting


regarding the Fiscal Year 2011 Citizenship and Integration Grant


Program. If you plan to participate, please email the Office of


Public Engagement no later than Wednesday, February 2, 2011.


Emails can be sent to public.engagement@dhs.gov. Please reference


the following in the subject line of your email: "Grants -


Phone."


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.


_________________________________________________________________


ILW.COM - the leading immigration law publisher


ILW.COM, PO Box 1830, New York, NY 10156


Over 50,000 pages of free information!



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Comments

  1. Roger Algase's Avatar
    Re Don Miller's January 24 letters.

    It is clear from his above letters that Don Miller doesn't like Mexicans. There is no law that says he has to like Mexicans or anyone else, and our Constitution gives him the right to express his views. But is ID the right forum for someone to share his or her personal racial and ethnic likes and dislikes, or should the letters page be reserved for more serious comment?

    I respectfully suggest that unless ID exercises at least some minimal control over the content of its letters page, as it used to in the past, it will continue to lose gravitas and drive away the more reasoned type of comment which used to appear in its letters page on both sides of the immigration issue.



  2. Don Miller's Avatar
    "More reasoned type of comment" being, of course, comment which agrees with Mr. Algase's positions.
    For the record, it is not a question of "liking" Mexicans or anyone else. It is, and always has been, a question of sovereignty and the implicit right for any nation to decide for itself who will and who will not, be admitted into that country and under what conditions. Mr. Algase and his ilk would have this matter decided for (or dictated to) the United States by Mexicans and the Government of Mexico. This is a sovereign right held by every other country in the world, including Mr. Algase's beloved Mexico and I daresay that he would never berate Mexico, say, for not welcoming the impoverished population of Haiti as immigrants and residents. Also implicit in this aspect of sovereignty is the bizarre (to Algase) concept that immigration and immigrants should be of primary benefit to the receiving society, not some sort of "charity" for the bottom-feeders of the 3d World, most of whom swarm into the US simply because they are related to someone already here.
  3. Editor, ILW.COM's Avatar
    While we express our opinions in no uncertain terms in the "Comment" section of Immigration Daily, it has been our long-standing policy to welcome airing of all opinions on immigration law in the "Letters" section of ID (of which this ReadersWrite section is the successor). We believe that a better understanding of where the opposition is coming from is in the long term interest of the pro-immigration community.
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