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Feb 25 - The Long Wait

Rating: 6 votes, 4.33 average.

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

February 25, 2010,0225.shtm

1.  Comment: The Long Wait
2.  Focus: THE I-140 BOOK
3.  Articles:
    (a) Bloggings On Updates In Immigration Law by Carl
    (b) Bloggings On Nurse And Allied Health Immigration by
    Christopher T. Musillo
    (c) Immigrant Of The Day: Jorge Gutierrez of Mexico by Kevin
    R. Johnson
4.  News:
    (a) USCIS Changes I-765 Filing Location
    (b) USCIS Announces Grant Opportunities
5.  Classifieds:
    (a) Help Wanted - Immigration Professionals
    (b) Help Wanted - Immigration Paralegals
    (c) Forensic Psychology Services
    (d) Translation Services
6.  Tweets:
    10 Tweets Today
7.  ComingsNGoings:
    (a) Share Your Professional News
8.  Letters,0225.shtm

Books On Immigration Law:
Immigration Law Seminars:

The Long Wait

The Washington Post
reports on the story of a woman who finally got her citizenship
on her 104th birthday. "She moved to Portland as a girl but never
got the documents the state now requires. Pringle finally proved
her citizenship through Census records found by the Oregon
Historical Society."

We welcome readers to share their opinion and ideas with us by
writing to


ILW.COM is pleased to announce a new book on the I-140 process
which is currently in print-production, expected to ship in a few
weeks. The book's Editor and Principal Author is noted
practitioner Herbert A. Weiss, and features contributions from
Brian S. Weiss, Kristen Quan Hammill, Prakash Khatri, Faye Kolly,
Sherry Neal, Howard L. Kushner, and Dorothee B. Mitchell The
Table of Contents is as follows:

Part I. I-140 Introduction

Chapter One: Author's Introduction
Chapter Two: Basic Important Employment-Based Concepts by Kristen
Quan Hammill

Part II. I-140 by Herbert A. Weiss

Chapter One: Basic Overview of the I-140 EBIV Process
Chapter Two: The Scope of Agency Authority
Chapter Three: The Job Offer Requirement
Chapter Four: The Immigration Act of 1990
Chapter Five: The EB-11 Extraordinary Ability
Chapter Six:  The EB-12 Outstanding Professor and Researcher
Chapter Seven: The EB-13 Multinational Manager and Executive
Chapter Eight: The EB-2 Advanced Degree Professional and Person
of Exceptional Merit and Ability
Chapter Nine: The EB-3 Skilled Worker
Chapter Ten: The I-140 Form
Chapter Eleven: The Standard of Evidence
Chapter Twelve: Priority Dates
Chapter Thirteen: Multiple Petitions
Chapter Fourteen: Successors in Interest
Chapter Fifteen: Ability to Pay
Chapter Sixteen: Portability
Chapter Seventeen: Revocation, Invalidation and The Section
204(c) Bar
Chapter Eighteen: Withdrawals and Appeals/Motions
Chapter Nineteen: A Checklist

Part III. Special I-140 Topics

Chapter One: Step by Step For Schedule A Applications by Sherry
Chapter Two: Aliens of Exceptional Ability in the Performing Arts
by Howard L. Kushner
Chapter Three: Derivative Beneficiaries of Employment Based
Immigrant Petitions and the Child Status Protection Act (CSPA) by
Dorothee Mitchell and Faye M. Kolly
Chapter Four: The Future of The I-140 (Employment-Based
Immigration) Process by Prakash Khatri

For more info on THE I-140 BOOK, see here.
For the fax order form, see here.

(a) Bloggings On Updates In Immigration Law

Carl Shusterman writes "However, this demonstrates why government
attorneys who are familiar with the immigration laws and the
definition of fraud should be the ones who issue NTAs rather than
DHS officers who have no legal training and who may see fraud
where none exists.",0225-shusterman.shtm

(b) Bloggings On Nurse And Allied Health Immigration

Christopher T. Musillo writes "At this point, it is unclear how
USCIS officials will analyze H-1B third-party worksites in light
of this new "stock" RFE and the Memorandum.",0225-musillo.shtm

(c) Immigrant Of The Day: Jorge Gutierrez of Mexico

Kevin R. Johnson writes "In 2008-09, Gutierrez, who led the team
with 27 steals, was named the team's Defensive Player of the Year
last season.",0225-johnson.shtm

To submit an Article for consideration, write to
4.  NEWS

(a) USCIS Changes I-765 Filing Location

USCIS announced revised filing instructions and addresses for
applicants filing an Application for Employment Authorization
(Form I-765).,0225-i765.shtm

(b) USCIS Announces Grant Opportunities

USCIS announced the availability of two different grants totaling
$7 million designed to promote citizenship education and
immigrant integration in communities across the country.,0225-grants.shtm

(a) Help Wanted - Immigration Professionals
Toronto, ON - Immigration law firm seeks global immigration
specialists (lawyers or paralegals with global file management
experience) for Toronto-based global practice focused exclusively
on corporate clients. The successful candidate will demonstrate
complex problem solving capabilities and superior communication
skills; offer excellent initiative and co-ordination attributes;
be comfortable working in a fast-paced and challenging
environment; and have an aptitude to learn and use proprietary
software technology.  Language capabilities in Spanish a valuable
asset in this global migration position.   Submit your resume via
email to Lonnie Wellman: or by fax
to 416-943-0289.

(b) Help Wanted - Immigration Paralegals
NYC - Boutique immigration law firm seeks (2) paralegals with the
following experience: Immigration paralegal #1 with 2+ years of
specific experience in O-1, P and EB-1 visa applications and
Immigration paralegal #2 with general business immigration
experience in H-1B, L, E-2, EB2 and EB 3 visa applications.
Recent law school graduates or foreign lawyers will be
considered. Please apply by sending cover letter, detailed CV and
relevant writing sample, indicating the specific position sought
to:, fax: 212.918.9078.

(c) Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160.
The Forensic Psychology Group provides nationwide expert witness
services in all areas of immigration law. It is led by Stephen
Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
psychologists and attorneys, and also AILA members. The Group's
experts - all licensed psychologists or psychiatrists - have
extensive experience in working collaboratively with immigration
lawyers on a wide range of forensic psychological issues. We
offer nationwide service in the following areas: psychological
consultation, psychodiagnostic evaluation, psychological reports,
expert witness services, courtroom testimony, political asylum
evaluation, extreme and exceptional hardship evaluations, spousal
abuse, citizenship waivers. Dr. Stephen Reich, the Group's
founder and director, is a nationally known forensic psychologist
who holds a BA, JD, and MBA from Columbia University, and an MA
and PhD in Clinical Psychology from Fordham University. He has
been on the faculty of Weill Cornell Medical College and on the
Attending Staff of New York Presbyterian Hospital for 30+ years.
Visit The Forensic Psychology Group.
The right experts make a real difference.

(d) Translation Services
Certified translations by Legal Language Services in 157
languages have helped immigration attorneys throughout the United
States for more than 25 years. Legal Language translates birth
and marriage certificates, academic degrees, health records,
employment information and other documents needed for immigration
proceedings. Legal Language meets all USCIS translation
requirements. Legal Language also offers consecutive and
simultaneous interpreting, as well as certified transcription, in
support of immigration proceedings. Rush service, including same
day service, is available for a slight additional fee. For a free
consultation or for more info: call 1-800-788-0450 or email or visit us at In
addition, Legal Language seeks experienced immigration attorneys
to contribute to our blog and respond to questions from visitors
to our site. to discuss
6.  Tweets

(a) A Comprehensive Lawyer's Guide on TAX COMPLIANCE for
Immigrants and Employers. Obtain your copy at

(b) A New Civil Rights Movement: Undocumented Students for
#Immigration Reform it's not a partisan issue,
it's a human issue!

(c) NYCLU Documents #Immigration Detainee Grievances at Varick

(d) Size of undocumented population is "badge of success" but racist antis hate economic growth

(e) Racists antis say Haitians kill children
No common ground with antis, they dont belong in USA, deport them
to Antarctica!

(f) People should not be waiting this long! Oregon woman gets
proof of citizenship... at 104 #immigration

(g) A sharp change: Lake County Sheriff urges Congress to
legalize undocumented. "It's morally the right thing to do"

(h) A story that shows the strength of immigrants! RT @nysylc RT
@change My Name is Angy and I'm a DREAMer
#dreamact in '10

(i) CompeteAmerica Endorses Kerry-Lugar Visa Bill: Would create
new employment-based immigrant visa for foreign entrepreneurs

(j) Federal prosecutor defends practice of seeking criminal
convictions agnst undocumented. Alleges not waste of money! #FAIL

Follow ILW.COM on Twitter:
7.  ComingsNGoings

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Send your professional announcement to:
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The first daily in the field of immigration. Forward this to a

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

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  1. Roger Algase, Esq.'s Avatar
    Once, as I was taking a bus tour through an upscale section of Vancouver, the driver, with wry Canadian humor, joked that the area was affordable only for millionaire businessmen, successful movie producers - and bus drivers. Similarly, the Donald Neufeld USCIS January 8, 2010 memo concerning the H-1B employer-employee relationship gives the impression that the mission of USCIS is to protect America against terrorists, criminals - and H-1B job placement companies. The example given where the employer-employee relationship is alleged not to exist, namely of a computer analyst assigned by a placement agency to work at third party client sites, makes it obvious that the memo is nothing more than a political attempt to make Asian computer professionals scapegoats for IT job losses. This is not serious legal interpretation. As the memo acknowledges, 8 CFR Section 214.2(h)(4)(ii) defines the employer-employee relationship as one where the employer "may hire, pay, fire, supervise or otherwise control the work of any such employee" (emphasis added). The term "or otherwise control" is in the disjunctive, meaning that any one of the given criteria is enough to show an employment relationship. However, the Neufeld memo, going against the rules of both English and the canons of interpretation, reads this phrase as if it were in the conjunctive, concluding that unless all of the possible elements of control are present, no employer-employee relationship exists. This amounts to a back door attack, not only against job placement agencies, but against the entire H-1B system, which, except for a narrowly defined exception for agents acting as representatives, requires an employer in order to file a petition. A lawsuit against this distortion of its own regulation and abuse of power by an agency that itself relies on outside contractors should be filed promptly.
  2. ss's Avatar
    "requires an employer in order to file a petition." I am not an attorney but when reading this it seems appropriate if the H1b is a work VISA isn't it
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