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Jan 28 - Government Times

Rating: 6 votes, 5.00 average.

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

January 28, 2011



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.


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


2. Article: Plaintiff Lawyers in Demand for Corporate Commercial

Cases by Larry Bodine


3. Blogging: DHS Plans Crackdown Against Smugglers In Central

American by Jason Dzubow


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


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

For Flights To And From Cuba


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.


++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


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


8. Headline: Immigration ReformBills find critics, supporters


9. Headline: NewHaven Bakery Owner Pleads Guilty To Employing


10. Headline: Trumpeted ICE Program for Catching Illegal

Immigrants May Not Include Some Worrisome Suspects


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

religiousLeaders hopeful for reform, despite political climate


12. Headline: 33 Arrested on Illegal Immigrant Charges


13. Headline: Lawmaker Dials Down Rhetoric in Immigration Talks


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

Immigration "in the Right Direction"

15. Headline: Ariz. bill takes on birthright citizenship


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


17. Headline: USCIS: H1B cap is hit!


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

Attorney Yellow Pages at

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

* immigration

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


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

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


22. Headline: Akin Gump Partner Strays Off Reservation


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

IMAGE program: ICE Employer immigration


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

to Follow ILW.COM on Twitter:




1. 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.


2. 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,

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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

3. 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:


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1. ReadersWrite: Yesterday's Discussion


2. ReadersWrite: Today's Discussion


To submit an Article for consideration, write to




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 Please reference

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


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

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 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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  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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