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Jan 22 - Capitalist Growth

Rating: 14 votes, 5.00 average.

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

January 22, 2010,0122.shtm

1.* Comment: Capitalist Growth
2.* Focus: The H-1B Book
3.* Articles:
*** (a) Bloggings on Deportation And Removal by Matthew Kolken
*** (b) ILW.COM May 2009 Citations by Aron Finkelstein, Suzanne
*** Seltzer, Sherry Neal, Scott Bratton, Rami Fakhoury, Rodney
*** Malpert, and Greg Siskind
*** (c) Bloggings On Dysfunctional Government by Angelo Paparelli
4.* News:
*** (a) USCIS Reminder That TPS For Eligible Haitian Nationals Is
*** Effective January 21st
*** (b) USCIS Releases I140 QA
*** (c) DHS Publishes Streamlined Military Naturalization Final
*** Rule
5.* Classifieds:
*** (a) Forensic Psychology Services
*** (b) Co-Counseling Offered
*** (c) J-1 Visa Program
6.* Headlines:
*** (a) Bipartisan Proposal Will Prevent Immigration Reform
*** (b) Injured Haitian Children Win Humanitarian Visas To The US
*** (c) New York's Haitian Americans Grieve, Worry And Wait
*** (d) In Shift, US Lifts Visa Curbs on Professor
7.* ComingsNGoings:
*** (a) Immigration Event - Washington DC
8.* Letters From:
*** (a) Roger Algase, Esq.
*** (b) Honza Prchal, Esq.
*** (c) Robert Xiao,0122.shtm

Books On Immigration Law:
Immigration Law Seminars:

Capitalist Growth

What would spur entrepreneurial growth in the U.S.? "We always
come back to immigration," says Stangler, who says loosening visa
restrictions would increase the number of small businesses and
boost the economy. For story, see here.

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

The H-1B Book

The pertinent part of the Table of Contents for The H-1B Book is
as follows:

++The Complete H-1B Process: Attorney Flowchart
++The H-1B Process:* Attorney's 10-Step System
++Overview of H-1B Visas


First Step: Interview The Client
++Qualifying the Position as a Specialty Occupation
++Qualifying The Employee
++Meeting Wage Requirements
++Lawyer's H-1B Consultation Questionnaire Form
++Lawyer's H-1B Task Checklist

Second Step: Send The Client Intake Forms And Related Information
++Intakes Summary
++H-1B Employer Intake/Questionnaire Form
++H-1B Worker Intake/Questionnaire Form
++The Complete H-1B Process: Company Flowchart
++The H-1B Process: Company's Step-By-Step Explanation
++Explanation and instructions for spouses and children

Third Step: Credentials: Verify That The Worker Has A US
Bachelor's Degree Or Equivalent
++*** Credentials Summary
++If the worker has a U.S. degree - no evaluation is necessary
++If the worker has a foreign degree - order credentials
++If the H-1B petition is based on work experience or combination
- order a work experience evaluation
++List of credentials evaluation firms, web sites and phone

Fourth Step: Determine The Prevailing Wage
++Understanding the Prevailing Wage
++Determining the Prevailing Wage
++O*NET, SOC, Wage Levels, Job Zone and SVP
++SESA or SWA Wage Determination
++FLC Data Center Wage Determination
++Wage Determination Through Other Wage Surveys
++Practice Examples in Determination of the Prevailing Wage</il>

Fifth Step: Prepare And File The Labor Condition Application
++Introduction to the Labor Condition Application (LCA)
++Preparing and filing the Labor Condition Application (LCA)
++Online LCA filing
++Complete Online LCA and Receive LCA Approval Online
++Completing the LCA: Step by Step
++H-1B Dependent Employers Worksheet for the LCA
++ Detailed Description of Form ETA-9035E and its Obligations
++Sample of completed LCA (form ETA-9035E)
++Copy of form ETA9035CP (LCA cover pages)

Sixth Step: Prepare The I-129, Related Forms And Petition Letter
++Form I-129
++H supplement to Form I-129
++Form I-129 H-1B Data Collection Supplement
++Form G-28
++Form I-907 if premium processing is applicable

If the H-1B worker has a spouse and/or children:
++Form I-539
++Form I-539 Supplement 1 (if necessary for other family members)

Seventh Step: Send All The Forms And Petition Letter To The
Client For Review & Signature
++Sample letter to client
++LCA posting notice
++Sample Letter to Employer Regarding Public Access File
++Memorandum to employers on Labor Condition Application
++Public Access File sample

Eighth Step: Assemble The H-1B Petition And Send To The USCIS
Service Center
++General Filing Instructions (including list of service centers
and filing addresses)
++Sample Cover Letter
++H-1B Petition document checklist
++Sample list of exhibits

Ninth Step: Troubleshooting
++Request for Additional Evidence
++Dealing with the dreaded request for evidence
++Sample Response to Request for Additional Evidence
++Second Example of Response to Request for Additional Evidence
++I-9 Compliance, Social Security Numbers and Driver's Licenses
++Changes in H-1B Employment and Amendments
++How Mergers, Acquisitions and other corporate Transactions
Affect the H-1B

Tenth Step: Post-Approval Case Management
++Summary of Post-Approval Issues
++ Sample H-1B Approval Letter to Employees that are in the U.S.
++ Sample H-1B Approval Letter to Company - Employee(s) Abroad
++ Sample H-1B Approval Letter to Employees Abroad
++ Non- Immigrant Visa Consular Processing Information Sheet

++H-1B Degree Equivalency by Mikiel J. Davids
++Reviewing The Path To Permanent Residency by Courtney Black and
Karen Weinstock
++Traveling On An H-1B Visa While Petition* Or Application Is
Pending by Ari J. Sauer
++Dealing With Gaps In Employment by Rajeshri S. Patel and Karen
++Temporary Visa Alternatives To The H-1B by Courtney Black and
Karen Weinstock
++The History And Economic Impact Of The H-1B Visa by Elissa
Taub, Melissa Downing and Karen Weinstock
++When Are H-1B Visas Cap Exempt? by Karen Weinstock

For more information about the book and to order, see here.
For the fax form, see here.

(a) Bloggings on Deportation And Removal

Matthew Kolken writes "If you live in the State of New Jersey I
implore you to contact your representatives in Congress to make
an immediate inquiry into the Elizabeth Detention Center and
demand that the doors be permanently closed.",0122-kolken.shtm

(b) ILW.COM May 2009 Citations

Aron Finkelstein, Suzanne Seltzer, Sherry Neal, Scott Bratton,
Rami Fakhoury, Rodney Malpert, and Greg Siskind write share the
citations from all May 2009 ILW.COM seminars.,0122-citations.shtm,0122-citations.shtm#bio

(c) Bloggings On Dysfunctional Government

Angelo Paparelli writes "It's hard to maintain optimism, however,
as President Obama's pledge to move on CIR within his first year
in office reached its anniversary and expired.",0122-paparelli.shtm

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

(a) USCIS Reminder That TPS For Eligible Haitian Nationals Is
Effective January 21st

USCIS announced that the TPS designation for Haiti is effective
January 21, 2010 and will remain in effect through July 22, 2011.,0122-TPS.shtm

(b) USCIS Releases I140 QA

USCIS released questions and related response for the petition
filing and processing procedures for Form I-140,0122-I140.shtm

(c) DHS Publishes Streamlined Military Naturalization Final Rule

DHS published notice amending the DHS regulations by implementing
a statutory amendment, effective February 18, 2010, reducing from
three years to one year the length of time a member of the United
States Armed Forces has to serve to qualify for naturalization
through service in the Armed Forces.,0122-military.shtm

(a) 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.

(b) Co-Counseling Offered
Practitioners with challenging extraordinary ability cases or any
other complex immigration cases including appeals, may wish to
co-counsel with PJ Patel, an attorney experienced in O, EB-1,
NIW, and any complex matters for many years. Mr. Patel is known
for his compilation of the INA, 8 CFR & 20/22/28 CFR for the past
25+ years.* For more information, see his website at
Mr. Patel can be reached at
212-279-3230. All cases will be kept in strict confidence.

(c) J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global
Current, a service of AIESEC U.S., a leader in international
exchange and professional training for over 50 years. Unlike
other visas, the J-1 does not require a lengthy petitioning
process, has few restrictions and can be processed at any time of
year to facilitate the quick and simple implementation of an
Exchange Visitor Program. Global Current has developed a
streamlined sponsorship process supported by J-1 experts that
allows us to maintain an unrivaled 48 hour turnaround time on
complete applications. Global Current provides J-1 Trainee and
Intern programs in a variety of occupational categories including
law, engineering, finance, architecture, graphic design,
marketing and fashion. For more information on eligibility
requirements and a complete list of occupational categories,
or email Melany Hamner at
6.* Headlines

(a) Bipartisan Proposal Will Prevent Immigration Reform

Rep. Jason Chaffetz (R-UT) joined several Republican and
Democratic Members of Congress (a mix of veterans opposed to
immigration reform and several freshmen like Chaffetz, see list
below) to introduce an immigration-related resolution Thursday.

(b) Injured Haitian Children Win Humanitarian Visas To The US

The youngest earthquake victims are being granted humanitarian
visas so long as a doctor in Haiti deems that the child will die
without advanced medical care.

(c) New York's Haitian Americans Grieve, Worry And Wait

Daily life continues as the immigrant community struggles to cope
with the overwhelming tragedy in the island nation.

(d) In Shift, US Lifts Visa Curbs on Professor

Six years after using the Patriot Act to revoke the visa of a
prominent Muslim academic, the US State Department reversed
itself and said Wednesday that it would no longer bar the scholar
from entering the US.

For links to the above stories see here:,0122.shtm#Headlines
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
Promoting success on both sides of the border: Binational
approaches to US immigrant integration A report release and
discussion with Ambassador Carlos García de Alba, Executive
Director, Institute for Mexicans Abroad (IME); and MPI's Laureen
Laglagaron, Kathleen Newland, Aaron Terrazas, and Michael Fix.
Thursday, January 28, 2010, 9:00-10:30 am MPI Conference Room,
1400 16th Street, NW, Suite 300, Washington, DC 20036. For more
info, including how to register:*
For questions, please email or
call 202-266-1929.

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

(a) Dear Editor:
Anyone who thinks that CIR has any chance of passage despite the
catastrophic election of a hard-right, anti-immigrant Republican
to fill Ted Kennedy's Senate seat is just whistling past the
graveyard. President Obama needs to take a long, hard look at
whether his administration's rigid, anti-immigrant, enforcement
only policy is alienating the Latino and other "New American"
immigrant communities who elected him. I predict that if Janet
Napolitano, who has become a symbol of draconian enforcement, is
still DHS Secretary by this fall's election, the Democrats will
be routed. Even if, by some miracle, there is any serious
consideration of CIR, it is likely to be the kind of elitist
measure recommended in Donald Miller's letter (01/21/ID) that
combines easing of restrictions against "educated, English
speaking" (i.e. white) immigrants, with hatred of most Latinos
and all Muslims, who would, in effect, be barred from America on
the basis of their race or religion. While I agree that
restrictions against educated immigrants should be eased, America
does not need "reform" based on prejudice against less educated
immigrants of color. As the economy gets worse, this kind of
scapegoating is likely to increase, despite the economic benefits
that America is gaining from Latino and Asian immigrant
communities, as shown in many Immigration Policy Center reports.
Hatred directed against minority immigrants may even become the
basis of an American fascist movement that would no longer be
limited to extremist far right fringe groups. It has happened
elsewhere. It can happen here.
Roger Algase, Esq.* New York, NY

(b) Dear Editor:
Leo Van Randall, Jr.'s letter (see 01/20/10 ID) asking what is
wrong with immigration law leads me to propose his letter's
question as a great subject for an essay contest. That said, how
about this - our immigration law is more complex than our tax
code and involves government agencies like the Department of
Labor that wouldn't know how to expedite the movement of a
cigarette boat or corvette in addition to the State Department
and just about every other alphabet soup acronym in the book. The
inevitable result of such a contemptible mess is that large
numbers of people either ignore it or fall afoul of it without
ever understanding why, even when they have to leave the country
as a result.
Honza Prchal, Esq.* Birmingham, AL

Dear Editor:
This is in response to Scott T. Decker's letter (01/20/2010 ID).
When was the I-485 filled, before or after the expiration of the
initial period of stay? Was this person arrested and or convicted
in their home country or during their time in the U.S., and have
these facts been disclosed to the government?* Has this person
left the U.S. for any reason without first obtaining a document
authorizing his re-entry?* This information is essential before
anyone can make any rational statements or decisions regarding
the effectiveness of the current immigration system, otherwise we
might as well begin all of our postings regarding immigration
matters with "Once upon a time ... " and finish with "..and they
lived happily ever after."
Robert Xiao WA
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
attorney. Copyright 1999-2009 American Immigration LLC, ILW.COM.
Send correspondence and articles to Letters and
articles may be edited and may be published and otherwise used in
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necessarily represent the views of ILW.COM.
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