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Feb 12 - 12,500+ Haitian TPS Received

Rating: 14 votes, 5.00 average.

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

February 12, 2010,0212.shtm

1.  Comment: 12,500+ Haitian TPS Received
2.  Focus: Maintaining a Legal Workforce
3.  Articles:
    (a) Bloggings On The H-1B Visa by Anthony F. Siliato and
    Scott R. Malyk
    (b) Bloggings on Deportation And Removal by Matthew Kolken
    (c) Bloggings On Dysfunctional Government by Angelo A.
4.  News:
    (a) DOL Final Rule On H2A
5.  Classifieds:
    (a) Help Wanted - Immigration Attorney
    (b) Help Wanted - Immigration Paralegals
    (c) PERM Services
    (d) Case Management Technology
    (e) Forensic Psychology Services
6.  Tweets:
    (a) 3 Tweets today
7.  ComingsNGoings:
    (a) Immigration Event - Washington, DC
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) Jim Roberts
    (c) Martha Dixon
    (d) Angie Mercer, Immigrant Documents,0212.shtm

Books On Immigration Law:
Immigration Law Seminars:

12,500+ Haitian TPS Received

The Washington Post reports "More than 12,000 Haitians have
applied for the chance to stay and work legally in the US while
their country struggles to recover from last month's earthquake."
For the full story, see here.

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

Maintaining a Legal Workforce

Tuesday, February 16 is the deadline for the Thursday, February
18 phone session of "Employer Compliance For Experts" with
speakers Patrick Shen, Ronald "Alan" Atkinson, Don Crocetti,
Cynthia Lange, Priscilla H. Muhlenkamp, Michael Patrick, Shannon
Slattery, Jennifer Sultan and Allen Vanscoy. The curriculum is as

The speakers during this program will discuss recent Department
of Labor enforcement, including enforcement and adjudication
trends involving the labor condition application and PERM
applications.  The program also will include a segment on audits
by the US Citizenship and Immigration Services' Office of Fraud
Detection and National Security (FDNS) on H-1B petitions. Program
highlights include:

++ Best practices on maintaining LCA and PERM files
++ Tips on how to prepare for an LCA or PERM audit
++ Better understanding of what to expect during the FDNS site
visits and how best to prepare for such visits

Tuesday, February 16 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 today.

(a) Bloggings On The H-1B Visa

Anthony F. Siliato and Scott R. Malyk write "USCIS issued
guidance on precisely the issue that the post raised; that is,
"whether the companies who received TARP funds, but have since
repaid them to the government, are still restricted by the H-1B
dependent rules?",0212-siliato.shtm

(b) Bloggings on Deportation And Removal

Matthew Kolken writes "After one-year in office I can tell you as
an immigration practitioner that President Obama's government has
actually gotten worse for immigrants, especially for those being
held in immigration detention.",0212-kolken.shtm

(c) Bloggings On Dysfunctional Government

Angelo A. Paparelli writes "My point is not that we emulate
Scrooge McDuck to hoard the few remaining dollars in the public
coffers, thereby giving up on enforcement of the immigration

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

(a) DOL Final Rule On H2A

The Employment and Training Administration of the Department of
Labor published notice of a final rule, effective March 15, 2010,
in the Federal Register amending its regulations governing the
certification of temporary employment of nonimmigrant workers in
temporary or seasonal agricultural employment and the enforcement
of the contractual obligations applicable to employers of such
nonimmigrant workers.,0212-H2A.shtm

(a) Help Wanted - Immigration Attorney
Detroit area, MI - Expanding employment immigration law firm
seeks junior immigration attorney with 2+ years business
immigration law experience in H, L, PERM cases. Candidate must
enjoy working in fast-paced collegial environment, posesses
excellent communication skills, is able to multi-task and work
independently. Competitive salary + compensation package offered.
Relocation package unavailable. All replies treated in strict
confidence. Send resume + cover letter to:

(b) Help Wanted - Immigration Paralegals
Detroit area, MI - Expanding employment immigration law firm
invites immigration paralegals with 5+ years business immigration
law experience in H, L, PERM cases to consider joining our team.
Candidates should be detail-oriented, able to work independently,
be team players, and have solid writing and speaking ability.
Competitive salary offered. Send resume + cover letter to:

(c) PERM Services
At Jon Byk Advertising, Inc.,
we provide a wide range of services that will help fulfill your
PERM recruitment requirements quickly, cost-effectively, and
efficiently. With 15+ years of experience working with one of the
nation's largest immigration law firms, our customer service is
unparalleled. We understand the importance of meeting DOL
requirements with regards to ad content, media selection, ad
documentation (tear-sheets), and deadlines. We will locate
publications that meet DOL and EDD requirements by geographic
region, provide upfront pricing, and timely deliver original
tear-sheets for all ads (print, online or broadcast). Our
experience in recruitment solutions means valuable time saved for
you. For more info and a free quote, contact Mya Le at
310-476-3012 or Please visit our
for special offers and discounts.

(d) Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom
has a 99% customer retention rate. Use our forms with peace of
mind - 800+ updated within 24 hours of any new release, no
patches or downloads. E-File 20+ forms. Access your firm's online
database anywhere you have internet access. Client relationship
management tools, practice management tools, group calendaring,
emails, notes, reports, invoices, auto email alerts and
reminders, document storage and assembly. A library of
customizable questionnaires, letters and email templates
included. Online access for clients to check case status
included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
services: credit card processing, Outlook & QuickBooks
integration. One-time data entry and auto population into all
documents will save you time and reduce errors. Customizable to
support solo practitioners, mid-large law firms & corporations.
We teach you how to customize the software to fit your processes
and communication needs. Founded in 1999, INSZoom is a
profitable, financially sound company, employing 100+ engineers,
sales, and support staff. INSZoom is ISO 27001:2005 certified and
the "world's largest immigration software company", built with
flexible modules that allow you to manage and control technology.
To schedule a complimentary online demo, call 925-244-0600 or

(e) 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.
6.  Tweets

(a) Arpaio ignores DC's effort to clip his powers: "If Washington
doesn't like it, I recommend they change the laws" #fail

(b) Arpaio landlord ready to deport him -
racist Arpaio does not belong in USA, deport him

(c) Interested in helping out the #immigration movt? 218 & 60 are
the goal, help pass #dreamact through advocacy research at

(d) Antis react to #Obama SOTU: Pro #immigrants should have
elected McCain instead

Follow ILW.COM on Twitter
7.  ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: To announce your event,
see here

(a) Immigration Event - Washington, DC
'Do Migrants Improve Their Hometowns? Remittances and Access to
Public Services' Edmund A. Walsh School of Foreign Service
4:00-6:00 p.m., February 12, 2010, Mortara Center, Georgetown

Readers can share comments, email:  (up to
300-words). Past correspondence is available in our archives

(a) Dear Editor:
Two of my recent letters have criticized USCIS Acting Associate
Director Donald Neufeld's memos for unfairness to immigrants who
try to follow the law and play by the rules. Mr. Neufeld's May 6,
2009 memo says that a green card applicant whose adjustment of
status application (I-485) was properly filed, and who was in
legal status at the time of filing, can still be considered as
illegal and can be deported during what might be a very long wait
for the green card to be approved, if she does not keep her
temporary "non-immigrant" status current. The fact that this may
be impossible to do as a matter of law, since "non-immigrant"
status is often legally inconsistent with "immigrant (i.e. green
card) intent", does not seem to bother Mr. Neufeld. The second
Neufeld memo, dated November 5, 2009 (as modified on December 8,
2009), actually instructs USCIS adjudicators to deny H-1B
petitions that were correctly and timely filed, even when it was
entirely the government's fault that the supporting Labor
Condition Applications (LCA's) were denied because of a defective
US Department of Labor database. A third Neufeld memo, dated
January 8, 2010, concludes that employment agencies (dismissively
called "job shops" in the memo) cannot quality as H-1B employers.
However, the memo appears to be irrelevant, because USCIS
regulations still allow employment agencies to file H-1B
petitions as "agents", even if they are not considered to be
"employers". This may sound harsh, but whatever these Neufeld
memos lack in thought is more than made up for in apparent anti-
immigrant bias. The memos should be promptly rescinded. So should
Mr. Neufeld's authority to issue them. Only Congress has the
power to do a hatchet job on legal immigration, not just one
official acting on his own, with no statute or regulation to back
him up.
Roger Algase, Esq.   New York, NY

(b) Dear Editor:
It would appear that my rare agreement with a R. Algase letter
over the dim chances of CIR passage was short lived indeed.  What
is "curious and  disturbing" is RA's letter of 2/11/10 ID on Tom
Tancredo's well received  speech at a recent Tea Party convention
which is seen as an "illustration" of "anti-immigrant bigotry",
"racism", an "outrage", a "rant", and "an attack on Hispanics".
Tancredo made no mention of Hispanics and what, pray tell, is
wrong with requiring a literacy test to vote?  One takes a
driving test to determine a minimum ability. It is  this kind of
inflammatory language, myopic views and politically "correct"
nonsense that gives liberals the negative reputations they
deserve.  If the facts are that Hispanics do constitute the
majority in this category, how is that Tancredo's fault and why
should his free speech be hindered in referring to the problem.
This is as phony as the  feeble racial profiling complaint
regarding illegals where the majority of violators are Hispanic.
The real outrage is the migration invasion that such tactics try
to minimize.  Search:  "Here in Aztlan, it's the people that make
the Difference" by Lionel Waxman; "I'm Just Looking for  a Better
Life" by H. Millard; "Conquest of Atzlan" by Yeh Ling Ling;
"Multiculturalism, Immigration and Aztlan" by Maria Chang.  This
clear comment and objective analysis will provide a more balanced
view of the migration problem.
Jim Roberts

(c) Dear Editor:
See ID below for some serious mistakes:  On Headlines section,
all of the links take your computer to a gamesite.  I am sure ID
did not mean for this, but ID should take quick action to correct
it. Usually, your publication is an informative source of good
Martha Dixon

Editor's note: Thank you for taking the time to
write us. We checked the links and they correspond to the correct
news stories. Please note that when copying a link into a
browser, the link is case sensitive and the use of a lower-case
letter in the link results in an altogether different link and
different news story.

(d) Dear Editor:
I received this notice today.  Please note that the "taxpayer"
does not provide someone else's SSN - the undocumented makes up a
number, which is not ID theft.  I don't know if ID readers know,
but all IRS taxpayer accounts are identified with the nine
numbers of an SSN or ITIN and the first four letters of the
Family Name (known as last name in this country).  That's because
the IRS and SSA reached a point where there were more people than
available numbers.  Here is the notice, entitled IRS May Disallow
Withholding for Undocumented Workers which states "The IRS has
issued a Chief Counsel Advice that addresses a social security
number (SSN) and ITIN mismatch with specific facts. The taxpayer
is an undocumented worker, not eligible for an SSN; however, the
taxpayer provides someone else's SSN in order to obtain
employment. The taxpayer receives wages from his employer, and
the employer withholds federal income tax under that SSN. The
taxpayer wishes to fulfill his tax return filing and payment
responsibilities, so he obtains an ITIN and files a tax return
using the ITIN. The W-2, however, attached to the return,
contains the SSN the taxpayer provided to his employer. The IRS
processes the return under the ITIN, even though it is
accompanied by a W-2 containing an SSN. During an audit of the
return, the mismatch between the SSN and ITIN causes the IRS to
disallow the federal income tax withholding the taxpayer claimed
on his return until the IRS can determine if the taxpayer truly
earned the wages for which the withholding credit is being
claimed.  The IRS advises that in situations containing this fact
pattern, refunds, if any, will be delayed until the IRS can
verify the withholding as reported and paid to the U.S. Treasury
(CCA 201005001)."
Angie Mercer, Immigrant Documents           Joliet, IL
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  1. Green Card Visa's Avatar
    Do you have any insight as to what, if any, changes the United States has made in regard to Haitians residing in this country? Are they being allowed to come and go with less restriction in order to help their families and their country? Sadly, I suspect no changes have been made, but I am always hopeful that the country will pleasantly surprise me.
  2. Green card visa's Avatar
    According to immigration laws employment-based status is granted to workers with extraordinary ability, people with advanced degrees, people whose labor is needed in the United States, religious workers, foreign employees of the government, and entrepreneurs who create employment opportunities for Americans. Refugees and people granted asylum may also apply for permanent residence after one year. For more information go to:
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