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Jan 15 - Varick Closing

Rating: 2 votes, 5.00 average.

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

January 15, 2010,0115.shtm

1.  Comment: Varick Closing
2.  Focus: PERM For Experts
3.  Articles:
    (a) Bloggings On Nurse And Allied Health Immigration by
    Christopher T. Musillo
    (b) Bloggings on Deportation And Removal by Matthew Kolken
    (c) Bloggings On Updates In Immigration Law by Carl
    (d) Bloggings On Dysfunctional Government by Angelo A.
4.  News:
    (a) CIS Ombudsman On Refugee Processing
    (b) DHS On Streamlined Military Citizenship Application
5.  Classifieds:
    (a) I-9 And E-Verify Compliance Technology
    (b) Help Wanted - Immigration Paralegals
    (c) Help Wanted - Immigration Attorney
    (d) Forensic Psychology Services
6.  Headlines:
    (a) California Economist Releases Immigration Study
    (b) Haiti Earthquake: Call To Let Haitians In US Illegally
    (c) Canada Suspends Visa Requirement for Aid Workers and
    Evacuees From Haiti Transiting Through Canadian Airports
    (d) Children Pay High Price In Our Fight Over Immigration
7.  ComingsNGoings:
    (a) New Event - San Diego, CA
8.  Letters From:
    (a) Chad Van Cleave, Esq.
    (b) John Wheat Gibson, Esq.
    (c) Brandon Meyer, Esq.
    (d) Janis Peterson-Lord, Esq.
    (e) Eric
    (f) Jesus Duran,0115.shtm

Books On Immigration Law:
Immigration Law Seminars:

Varick Closing

The New York Times reports "Immigration and Customs Enforcement
will close a controversial detention center in Greenwich Village
next month and transfer the center's roughly 300 detainees to a
county jail in New Jersey, federal officials announced on
Thursday." For the full story, see here.

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

PERM For Experts

Tuesday, January 19th is the deadline for the Wednesday, January
20th phone session of "PERM For Experts" with speakers Devang
Shah (discussion leader), Aron Finkelstein, Daniel C. Horne,
Allen Orr, Steve Springer and Other Speakers To Be Announced. The
curriculum is as follows:

FIRST Phone Session on January 20: Pre-filing Essentials
++Introduction of the National Prevailing Wage Determination, ETA
Form 9141.
++Advanced Issues in preparing an ETA 9089 for PERM and  I-140
++Foreign degree equivalences for EB2 and EB3.
++Alien's influence and control over the job opportunity.
++Use of qualifying experience gained with the sponsoring
employer or as a contractor.
++Preparing business necessity letters in anticipation of an
++Foreign Language Requirements
++Combination of Occupations
++Combinations of Education, Experience and Training
++Alternative Requirements
++Ensuring that the company has the ability to pay.

SECOND Phone Session on February 4: Ensuring a Successful
Recruitment Campaign
++Tips for advertising and other recruitment requirements for
professional occupations.
++Ensuring the employer's  compliance for the review of resumes,
interviews and preparation of recruitment reports.
++Avoid sanctions; understanding the attorney's role in
recruitment process. What is and is not permissible.
++Filing PERM applications in  economically challenging times.
++Layoffs in the company industry pre PERM filing and/or post
PERM filing.
++Effect of Employer's Bankruptcy.
++Is supervised recruitment in our future ?

THIRD Phone Session on March 4: Post Filing Issues
++Responding to an Audit.
++Preparation of recruitment reports at the pre-filing stage
necessary to withstand an audit.
++Use of Expert opinions
++Business Necessity Letters.
++Layoff Reports
++Strategies to re-file a PERM petition.
++Errors vs. Mistakes.
++When and how should you file a request for reconsideration ?
++Withdrawing a petition.  When is it permitted and strategies
for appropriate timing of withdrawals.
++Refiling and Second PERM applications.
++Recent PERM BALCA case summaries.

Tuesday, January 19th 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 Nurse And Allied Health Immigration

Christopher T. Musillo writes "The USCIS has just released a
comprehensive Memo aimed specifically at H-1B users who place
employees at third-party job sites, such as many IT and
healthcare staffing companies.",0115-musillo.shtm

(b) Bloggings on Deportation And Removal

Matthew Kolken writes "It is both shocking and disgusting that
this type of barbarism is allowed to continue and is covered up
by the very animals that hold the keys to the cages.",0115-kolken.shtm

(c) Bloggings On Updates In Immigration Law

Carl Shusterman latest posting discusses how "federal courts may
review I-751 hardship waiver denials.",0115-shusterman.shtm

(d) Bloggings On Dysfunctional Government

Angelo A. Paparelli writes "The global mush is extra thick when
USCIS pours out new changes on its home page.",0115-paparelli.shtm

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

(a) CIS Ombudsman On Refugee Processing

CIS Ombudsman's office released its responses to questions
received regarding refugee processing,0115-refugee.shtm

(b) DHS On Streamlined Military Citizenship Application Process

DHS Secretary Janet Napolitano announced the publication of a
rule formalizing DHS' longstanding policy to expedite and
streamline the citizenship process for men and women bravely
serving in America's armed forces.,0115-military.shtm

(a) I-9 And E-Verify Compliance Technology
What do top employment firms, leading I-9 experts, and 3,000+ US
worksites all have in common about their I-9 and E-Verify
compliance strategy? LawLogix's state-of-the-art integrated I-9
and E-Verify system that provides organizations with a platform
to create, store, and easily manage secure electronic and error
checked I-9's and E-Verify results. LawLogix boasts a 9-year
track record, successful migration of over half a million paper
I-9s, unmatched data security, and cutting edge features to
assist organizations with state and federal compliance (e.g., FAR
Executive Order 13465). We offer a systematic approach to the
reduction of compliance risks including the automated digitizing
and transcription of old I-9s, real-time error checking of new
electronic I-9s, and data integration with current HRIS systems.
Tangible results: time-saved, fewer paid fines, significant
reductions in compliance and reputation risks. Visit:
email or call today 602-357-4240 ext.
7150 to sign-up under our money back guarantee or to request your
private demo.

(b) Help Wanted - Immigration Paralegals
Reston, VA - Goel & Anderson, LLC,
a prominent business immigration law firm, has challenging,
rewarding, and stable career opportunities for immigration
professionals. Due to the sustained growth of our practice, we
currently have multiple openings for experienced corporate
immigration paralegals. 3+ years of business immigration
experience (NIV and IV) with top-tier immigration practice or in-
house corporate immigration department desired. Experience with
corporate immigration compliance and/or global immigration
matters is a plus. Extensive client contact involved.
Undergraduate degree, excellent organizational and communication
skills (both written and oral), and the ability to work
independently in fast paced environment required.  Goel &
Anderson offers highly competitive salaries + outstanding
benefits. Qualified candidates invited to apply with resume +
cover letter to  All submissions kept
strictly confidential.  No phone calls please.

(c) Help Wanted - Immigration Attorney
Los Angeles, CA - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorney for the position of Associate Regional
Counsel, USCIS OCC, Western Region. Responsibilities include, but
not limited to, serving as attorney providing on-site legal
advice to local District Office USCIS personnel on issues
involving immigration related adjudications, inadmissibility and
deportability grounds, and national security. J.D. degree, active
bar membership, 2+ years of post-J.D. experience required. For
full details enter COU-CIS-2009-0010 here.
Applicants must submit (1) writing sample (10 pps. max) (2)
resume (3) cover letter, to All
submissions must be received by close of business on January 15,
2010. GS-13/14/15. Position open until filled. No relocation
allowance offered.

(d) 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.  Headlines

(a) California Economist Releases Immigration Study

The study found comprehensive immigration reform, that includes
legalization and flexible future visa programs, will result in
$1.5 trillion in economic growth during a 10 year-period.

(b) Haiti Earthquake: Call To Let Haitians In US Illegally Stay

But some are pressing for some 30,000 Haitians in the US
illegally to be given 'temporary protection status'.

(c) Canada Suspends Visa Requirement for Aid Workers and Evacuees
From Haiti Transiting Through Canadian Airports

Passengers aboard non-commercial aircraft bringing aid to and
evacuating people from Haiti that are making a technical stop or
transiting through Canada's airports temporarily will not require
a visa, Citizenship, Immigration and Multiculturalism Minister
Jason Kenney announced today.

(d) Children Pay High Price In Our Fight Over Immigration

And no matter how we feel about undocumented immigrants, we need
to remember the innocent chidren whose lives are affected every
day by the lack of progress toward reforming immigration

For links to the above stories see here:,0115.shtm#Headlines
7.  ComingsNGoings

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

(a) New Event - San Diego, CA
'Birth Rates and Border Crossings: The Demographic Push Behind
Emigration in the Americas', 2:00-5:00 p.m., Tuesday, February
10, 2010, Eleanor Roosevelt College Admin. Bldg., Conference Room
115, First Floor, University of California, San Diego
Contact Ana Minvielle,, (858)
822-4447 for more info.

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

(a) Dear Editor:
I know of many non-immigration attorneys who would likely be
willing to take on one or two free TPS cases if they had a primer
on how to do it (see 01/14/10 ID comment). Would ILW.COM consider
publishing a simple "TPS Crash Course" in PDF format?
Chad Van Cleave, Esq.                 Cameron, TXEditor's note:
We think this is a wonderful suggestion and invite attorneys to
submit an Article for consideration on this topic for publication
in Immigration Daily.

(b) Dear Editor:
The American military has had to intervene repeatedly in Haiti,
most recently in the mid-1990s and in the mid-2000s, to provide
police functions, among other things (see 01/14/10 ID comment).
Why is Immigration Law Daily publishing fascist propaganda
uncritically, when it has a policy of censoring or altering
letters to the Editor that it does not agree with?
John Wheat Gibson, Esq.                 Dallas, TXEditor's note:
We edit letters to the Editor for length, barnyard language,
copyright, and libel issues. We have never censored or altered
letters for reasons other than the afore mentioned, while
reserving the right to edit letters for other reasons that may
come up in the future.

(c) Dear Editor:
Does anyone out there seriously believe President Obama's
"promises" on CIR anymore?  After all, this a guy who publically
stated on at least six or seven occassions that final health-care
legislation negotiations would be televised on C-SPAN.  This will
not be happening.  President Obama also stated that the bank
bailout, through brilliance of design and flawlessness of
execution, would not only pay for itself, but would also result
in profits for the U.S. taxpayers. Now a special tax has proposed
to shake down banks (admittedly, not the most sympathetic
constituency) to pay for the bank bailout. And the "jobs created"
(or is it jobs saved? It's hard to keep track) by the "stimulus"
issue is just too comical to discuss. Was it Joseph Stalin who
once said that the greater the lie, the more likely people will
believe it? When noting this divergence between rhetoric and
reality, who is willing to bet the house on President Obama
moving political heaven and earth on CIR before 2011, a non-
election year?
Brandon Meyer, Esq.   Solana Beach, CA

(d) Dear Editor:
Thank you for ID's comment (01/14/10) encouraging immigration
lawyers to offer reduced-fees or no-fee assistance to Haitian
applicants for TPS.  As ID pointed out this can be our way of
contributing and I intend to do it when TPS for Haitians opens.
Janis Peterson-Lord, Esq.                Long Beach, CA

(e) Dear Editor:
Responding to ID's 01/14/10 comment, "We believe that the
President will either have to scale back the efforts in the wars
under way or activate some reserves. In other words, the Haitian
tragedy is an American one too - our options in Iraq and
Afghanistan will be constrained by the earthquake." ... What ID
failed to notice or include what is even required by law in
engineering and commonly and known as a FS or "factor of safety"
and I expect the president has innumerable other resources you do
not yet comprehend.

(f) Dear Editor:
Haitian are really in the need of help in Haiti and in the US
ID's (01/14/10 comment). So Haitians can have jobs, drivers
licenses, and be able to support their families back home.
Jesus Duran
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. Brittancus's Avatar

    This unsustainable greed cannot last much longer as wages fall and benefits are extinguished by the ruthless use of illegal labor. E-Verify, the local police 287 (g) with the power to arrest, didn't exist prior to President Bush introduction to the job market. From its inception E-Verify to stem illegal aliens from stealing jobs from millions of legitimized workers as part of the progressive SAVE ACT. Free trade under the NAFTA treaty became an abomination, as it deposed indigenous farmers from their income lands South of the border, thanks to US agricultural corporations. They needed to feed their families, so in their desperation they came looking for work in the United States. This catch 22 situation has appropriated lands in Mexico for US agricultural interests, at the same time forcing millions striving to reach this nation. As the Obama administration considers CIR, the numbers of illegal immigrants will rise in apportionment to the new AMNESTY law being to be enacted.

    Border States, specifically as CALIFORNIA--a known sanctuary state, is falling apart financially and with no end in sight. Arizona and Texas, must be suffering as any state now, compromised financially by the illegal immigrant occupation? E-Verify continues to contribute to immigration enforcement with a more rational emphasis on identifying foreign workers. It should not be construed as perfect, but it is progressively making headway in removing illegal labor. It's become a paramount issue because years of neglect by previous administrations, but now--REAL--enforcement is watched carefully by bloggers and non-pandering press. Building on it's original concept with new tools has added a much stronger and opponents can no longer denies it works? But any enforcement program that is working is normally easy prey for certain corrupt politicians and the open border organizations. It might seem meaningless now, but if the rush to the border comes, as its been said by bloggers' like me and even the press, whom normally have their fingers in their ears. That--NOTHING--will--STOP--the onslaught. The US Border Patrol needs to be enforced with the National Guard, because the numbers who try to force a way into America will overwhelm even the imagination? OUR COUNTRY HAS BEEN CRIPPLED BY ILLEGAL IMMIGRATION AND WILL CONTINUE TOO, BECAUSE OF POOR ENFORCEMENT. THE NUMBERS OF 12 TO 13 MILLION ALREADY HERE, DOESN'T ADD UP?

    Those who have urged President Obama to enact this nonsensical AMNESTY, will be out-of-office, in the 2010 election year. Sen.Harry Reid (D-NV) leading the pack of wolves, will be the first to end up on the political funeral pyre. Those who come here from South of border and the very tip of South America, will enter with contagious diseases, criminal records and may be even terrorists. Those who slip across the Canadian border or through lengthy tourist lines at airport terminals could also be carriers of many viruses, not seen in America for fifty years.

    This is not about racism in regards to stopping illegal immigration, unless a large majority of Americans are considered to be? This about billions of dollars being drained from American taxpayers, about billions for education, health care, the prison system and hidden government entitlements. It's about "THE Rule of LAW" and each administration that refuses to address Immigration Enforcement and allows illegal workers, criminals and even terrorist breaking into a sovereign country. Now they are trying to brain wash us with another--AMNESTY--which we cannot allow to happen? It will be the harbinger of unsustainable population growth according to the US Census Bureau. Don't take my word: GOOGLE ILLEGAL IMMIGRATION, COSTS. & OTHER STATISTICS. MORE INFORMATION ABOUT CORRUPTION AND THE AGENDA OF OPEN BORDER ORGANIZATIONS AT NUMBERSUSA & JUDICIAL WATCH. CALL YOUR SENATOR AND CONGRESSMAN AT 202-224-3121. SAY NO TO AMNESTY! SAY YES TO E-VERIFY & POLICE ARREST 287 (G). SAY ICE RAIDS. SAY YES TO THE SAVE ACT. SAY NO TO OVERPOPULATION. If you are against illegal immigration, we too must bombard WASHINGTON with a 28 cent postcard. There are more patriotic Americans and legal residents than illegal foreign nationals, sponging off taxpayers who will pour into our nation by the millions Just before AMNESTY is signed into law.
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