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Dec 15 - A House Surprise

Rating: 3 votes, 5.00 average.

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


December 15, 2009


http://www.ilw.com/immigdaily/digest/2009,1215.shtm


Items:
1.* Comment: A House Surprise
2.* Focus: The Immigration Compliance Book
3.* Articles:
*** (a) Central American Gang Related Asylum Cases: Background,
*** Leverage Points And The Use Of Expert Witnesses by Thomas
*** Boerman
*** (b) Wishful Thinking On Immigration And Crime - CIS Report
*** Attempts To Erase 100 Years Of Data by Benjamin E. Johnson
*** et. al of Immigration Policy Center
*** (c) Bloggings On PERM Labor Certification by Joel Stewart
4.* News:
*** (a) DHS Announces Full Implementation of New Law Providing
*** Permanent Residence Eligibility for Surviving Spouses and
*** Children of US Citizens
*** (b) CBP Announces NEXUS Joint Enrollment Center Opens In
*** Lansdown, Ontario
*** (c) ICE Arrests 286 In Largest Enforcement Operation To Date
5.* Classifieds:
*** (a) Help Wanted: Immigration Professional
*** (b) Help Wanted: Immigration Professional
*** (c) Translation Services
*** (d) E-3 Treaty Visa
6.* Headlines:
*** (a) H-2B Or Not To Be: Immigration Reform And Recession
*** (b) List Of H-1B Visa Employers For 2009
*** (c) Congress To Tackle Immigration In New Year
*** (d) Napolitano Insists On Obama's Commitment To Pass
*** Immigration Reform In 2010
7.* ComingsNGoings:
*** (a) New Appointments - Immigration Judges
8.* Letters From:
*** (a) Honza Prchal, Esq.
*** (b) Robert Yang


http://www.ilw.com/immigdaily/digest/2009,1215.shtm


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Immigration Law Seminars: http://www.ilw.com/seminars/
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_________________________________________________________________
1.* COMMENT


A House Surprise


When CIR does come, it will be a watershed moment in the history
of the immigration field. However, CIR has failed four times this
decade in Congress, and it is not assured of passage this, fifth,
time. So, lets take a step back, and take a look at the great
quantity of verbiage emanating from DC, and try to make sense of
it all.


There appear to be three possibilities for all the CIR talk on
the Hill. Firstly, the Democratic leadership may well be in
earnest, and be determined to pass CIR soon and have the votes
locked up. Secondly, the Democratic leadership may be in earnest,
but may well have difficulty getting the votes needed, so the
outcome of CIR may be uncertain. Thirdly, all the talk may just
be a charade by the Democratic leadership, whose real plan may
just be to talk and not act, hoping that by introducing a feel-
good bill, and then losing the vote, that would be enough to keep
the immigrant vote in the Democratic column. We are not swayed by
political spin, and believe that any of the above three scenarios
may be the one that plays out over the winter and spring.


That said, there is a pattern that suggests itself, and which
offers an intelligent read into the real state of the tea leaves
at this time. Lets take a look at the three major bills that are
front-and-center in Congress right now: Climate change, Health
care, Financial reform. As to Climate change, the House passed
the bill in July, its stuck in the Senate since then. As to
Health care, the House passed its bill in November, and the bill
is now the subject of furious politicking in the Senate. As to
Financial reform, the House passed its bill in December, the
Senate may take it up in January or February. The pattern is
clear - the House acts first, the Senate then follows. The reason
is equally clear - the Democrats need only 50%+1 of the votes in
the House, but need 60 votes in the Senate to achieve cloture;
and its obviously much easier to get past 50% than past 60%. Bear
in mind that in each case, there were plenty of rumors that the
Senate would go first, which did not really happen. On Climate
change the House suffered a major struggle over the Chairmanship
of the committee responsible, whereas it was expected that Sen.
Boxer would be able to hit the ground running. On Health care,
the House had to reconcile 3 bills (compared to the Senate's 2),
whereas the late Sen. Kennedy's committee was to move quickly. On
Financial reform, Rep. Frank was not initially sure he had the
votes for his bill, whereas the troubled Sen. Dodd needed
decisive action in anticipation of a tough election coming up. In
all the three cases, the rumors were belied, and the House acted
first. So, if the Democrats are really in earnest about
immigration reform, perhaps the secret game plan is to move a
House bill, not a Senate bill. On the other hand, if the
Democratic leadership intends to mostly talk, and then lose the
vote on the floor, the Senate may be the best place to play the
drama out before the country. The final possibility is that the
Democratic leadership may well have their plate full with the
three major bills on the plate currently, and have no game plan
on major legislation for the late winter/early spring. Events
between now and the State of the Union speech coming up in
January should shed some light on what the Democratic leadership
really intends to do.


Rep. Gutierrez is poised to unfurl his CIR bill tomorrow, his
bill appears to be supported by the Asian Pacific American caucus
(23 representatives), the Hispanic caucus (24 representatives),
the Black caucus (43 representatives) and the Progressive caucus
(79 representatives). This offers the House Democratic leadership
an option to proceed in the near future, either with Mr.
Gutierrez's bill, or with another bill that has been kept
secretly on ice all along. We urge Chairman Conyers and
Chairwoman Lofgren to warm up their gavels and get ready to
deliver immigration benefits.


We welcome readers to share their opinion and ideas with us by
writing to mailto:editor@ilw.com.
_________________________________________________________________
2.* FOCUS


The Immigration Compliance Book


The Immigration Compliance Book, Editors Angelo A. Paparelli, L.
Batya Schwartz Ehrens, and Dan Siciliano features the following:


++Sections: Understanding I-9 Concepts, I-9 Advanced Topics,
Employer E-Verify Considerations, E-Verify Advanced Topics, DHS
Enforcement Through ICE Raids and Audits, Specialty Topics
++Sample Proposed I-9 Policy and Procedures, Sample Form I-9
Verification Procedures - Guideline for Employers, Sample
Checklist for I-9 Audit and Correction Guidelines
++Critical Resource Materials: Selected Statutory Provisions,
USCIS Memos, Executive Orders, USCIS Publications on I-9s and E-
Verify, USCIS Press Releases/Q&As/FAQs, etc
++Resource Materials on CD-ROM: 100+ Relevant Cases from OCAHO,
BIA, Federal District and Circuit Courts, Important Statutes,
Regulations, Forms, Weblinks, etc.
++750+ pages, 850+ footnotes
++33 authors: Adam Ketcher, Angelo A. Paparelli, Bonnie K.
Gibson, Cynthia Lange, Cyrus D. Mehta, Dan Siciliano, Douglas D.
Hauer, Francis E. Chin, Greg Wald, Jason Burritt, Jay Jorgensen,
John Fay, Johanna Marmon, Julie Pearl, Justin A. Rymer, Kevin
Lashus, Kristin Major, L. Batya Schwartz Ehrens, Laura Danielson,
Loan Huynh, Lynn O. Tarran, Maggie Murphy, Matthew Warren,
Michael Patrick, Michael J. Wildes, Olivia M. Sanson, Philip C.
Curtis, Richard Gump, Robert F. Loughran, Steve Trow, Susanne C.
Heubel, Susan Kelly, Vinh C. Trieu


For more info on this book, see here
http://www.ilw.com/store/TheImmigrationComplianceBook.shtm
fax version, see here.
http://www.ilw.com/store/TheImmigrationComplianceBook.pdf
_________________________________________________________________
3.* ARTICLES


(a) Central American Gang Related Asylum Cases: Background,
Leverage Points And The Use Of Expert Witnesses


Thomas Boerman writes "Given current case law there is a
widespread belief that Central American gang related cases are
essentially unwinnable."
http://www.ilw.com/articles/2009,1215-boerman.shtm
http://www.ilw.com/articles/2009,1215-boerman.shtm#bio


(b) Wishful Thinking On Immigration And Crime - CIS Report
Attempts To Erase 100 Years Of Data


Benjamin E. Johnson et. al of Immigration Policy Center write "A
new report from the restrictionist group, Center for Immigration
Studies, Immigration and Crime: Assessing a Conflicted Issue,
attempts to overturn a century's worth of research which has
demonstrated repeatedly that immigrants are less likely than the
native-born to commit violent crimes or end up behind bars."
http://www.ilw.com/articles/2009,1215-johnson.shtm
http://www.immigrationpolicy.org/


Bloggings On PERM Labor Certification


Joel Stewart writes "If the job requirements do exceed these
levels, the employer must show a business necessity by demonstrating
the job duties and requirements bear a reasonable relationship to
the occupation in the context of the employer's business and are
essential to perform the job in a reasonable manner."
http://www.ilw.com/articles/2009,1215-stewart.shtm
http://blogs.ilw.com/joelstewart/


To submit an Article for consideration, write to
mailto:editor@ilw.com
_________________________________________________________________
4.* NEWS


(a) DHS Announces Full Implementation of New Law Providing
Permanent Residence Eligibility for Surviving Spouses and
Children of US Citizens


DHS Secretary Janet Napolitano and USCIS Director Alejandro
Mayorkas today announced that DHS has fully implemented recent
legislation allowing USCIS to approve immigrant petitions for
permanent resident status in the US filed by or on behalf of
widows and widowers of US citizens and their unmarried children
under 21 years old.
http://www.ilw.com/immigdaily/news/2009,1215-napolitano.shtm


(b) CBP Announces NEXUS Joint Enrollment Center Opens In
Lansdown, Ontario


CBP announced that the new Lansdown, Ontario center will
compliment the existing center in Champlain, N.Y. to service the
northern areas of New York State.
http://www.ilw.com/immigdaily/news/2009,1215-NEXUS.shtm


(c) ICE Arrests 286 In Largest Enforcement Operation To Date


ICE announced that nearly 300 foreign nationals with criminal
records have been removed from the US or are facing deportation
following a three-day enforcement surge in California, making it
the biggest operation targeting at large criminal aliens ever
carried out by ICE.
http://www.ilw.com/immigdaily/news/2009,1215-286.shtm
_________________________________________________________________
5.* CLASSIFIEDS


(a) Help Wanted: Immigration Professional
INSZoom
http://www.inszoom.com
seeks software sales executive to generate new business by cold
calling to develop new markets in the US immigration law firm
vertical. Requirements include: Excellent usage of MS Outlook,
Word, Salesforce.com and Excel, meticulous organizational skills,
proven sales track record, confidence with cold calling, skilled
at online demos, strong communication skills, ability to
multitask, travel required (10-20%). Earn while you learn -
success will be amply rewarded. $48-$50K base + commission.
Competitive benefits package offered. Qualified applicants
encouraged to apply. Please send cover letter + resume to:
mailto:usjobs@inszoom.com with subject line indicating position.
No calls please, all applications must be submitted to:
mailto:usjobs@inszoom.com.* Principals only.


(b) Help Wanted: Immigration Professional
Washington, DC - The American Council on International Personnel
seeks a director of agency liaison. Work with ACIP members and
federal immigration agencies to improve immigration
policies/procedures for large multinational employers. Maintain
relationships with policymakers and report on agency activities,
organize and report on liaison meetings, identify emerging global
mobility trends and explore best practices, draf Fed Register
comments and amicus briefs as needed, analyze new policies and
procedures, and communicate changes to members through weekly
email bulletins, website updates, webcasts, and other venues.
Involved in planning ACIP's Annual Symposium in June. Public
speaking and travel required.* Ideal candidate has law degree,
detailed knowledge of business immigration laws + procedures,
understanding of global mobility best practices, experience
filing immigration applications on behalf of large employers,
liaison experience, ability to juggle shifting priorities,
excellent writing skills + ideas for improving immigration
system. Send resume, cover letter, references + writing sample to
mailto:lynn_shotwell@acip.com.


(c) Translation Services
Eurasia Translations, Inc. has been proud to serve immigration
attorneys and individuals since 1993 with the translation of
personal documents, academic credentials, criminal clearance
letters, etc. Our customers can rest assured that all of our
translations are prepared in accordance with USCIS requirements
and are accompanied by a notarized certificate of accuracy. For
more information, please call 888-887-1884 or visit our website.
http://eurasia-usa.com
For a free quote, please complete
http://www.eurasia-usa.com/quoteRequestForm.html
or fax your document at 818-907-9763.


(d) E-3 Treaty Visa
Job Expo Australia - Sydney in March 2010 - Melbourne in October
2010.** Hire Australians using the E-3 Treaty Visa. It is good
business to hire Australia's robust, educated and English-
speaking job seekers. Employers happily find that Australians do
not have the cultural assimilation or English language challenges
of many workers from other countries. Can't make the Expo -
utilize our Resume Service.* The Icon Group of Poulsbo,
Washington USA produces Job Expo Australia. Icon has been
producing world class international job expos for 12-years.
Excellent, high profile, Sponsorship opportunities are available
that will bring you to the attention of job seekers before and
during the Expo.* Outstanding hotel and airline discounts welcome
you.* Visit our website at http://www.jobexpoaustralia.com
Contact us at mailto:Australia@iconnetwork.orgwith your questions
and requirements.* Now is the time to plan and reserve your 2010
job fair participation. A portion of the Expo proceeds will
benefit The Steve Irwin Wildlife Reserve - Australia Zoo.* Review
the National Press Release -
http://www.prweb.com/releases/2009/08/prweb2801544.htm
_________________________________________________________________
6.* Headlines


(a) H-2B Or Not To Be: Immigration Reform And Recession


There is always a great deal of clamor from opponents of
immigration reform, but never as much as in times of economic
recession.


(b) List Of H-1B Visa Employers For 2009


This database shows all employers who received approval from the
U.S. Citizenship and Immigration Services for new H-1B visas in
federal fiscal year 2009.


(c) Congress To Tackle Immigration In New Year


The House of Representatives has already passed bills on climate
change and health care and is ready for its next big challenge:
immigration reform.


(d) Napolitano Insists On Obama's Commitment To Pass Immigration
Reform In 2010


Homeland Security Sec. Janet Napolitano last week renewed the
Obama administration's promise that it will deal with immigration
reform early next year, political calculations in an election
year nothwithstanding.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,1215.shtm#Headlines
_________________________________________________________________
7.* ComingsNGoings


Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm


(a) New Appointments - Immigration Judges
The Executive Office for Immigration Review announced that six
immigration judges were sworn in during an investiture ceremony
in San Diego on Dec. 11, 2009. Charlotte Immigration Court: Barry
J. Pettinato; Lancaster Immigration Court: David H. Burke;* Los
Angeles Immigration Court: Joyce A. Bakke Varzandeh, Monica M.
Little, Tara Naselow-Nahas, Kevin W. Riley.
_________________________________________________________________
8.* LETTERS


Readers can share comments, email: mailto:editor@ilw.com* (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm


(a) Dear Editor:
Jay McTier's letter (12/10/09 ID) makes the point that our laws
and institutions, including our immigration laws, generally
reflect and ought to reflect the needs of our society. I like
"the born-here, citizen-here princip[le]" but recognize it is not
sacred. Immigration is not a Constitutional right and our
immigration needs are not just confined to economic growth. There
is a cultural element, which is one reason almost no one objects
to Poles, Irishmen or Japanese immigrating here - they tend to be
well educated and assimilated into first world ways first of all,
and their peoples now very rapidly assimilate into commonly
American behaviors. We can certainly adjust the incentives of our
immigration system to attract more top performers and rapid
assimilators without injuring those championed by the rights of
Sergei Sheplov, Americans with ties to potential and actual
immigrants. Pace Mr. Yang, he likely would not have moved here if
the culture of the varied native Americans, with its
frighteningly common slaving empires and ritualized torture had
prevailed over the culture of our English immigrants in the
Colonial period, and ancient cultures were rarely as open to
foreigners as this nation is except in bazaars. Anglo cultures
generally are very attractive to people as varied as the late Sun
Yat Sen, Benjamin Netanyahu and Nelson Mandela, America's version
of same even more so.* Just because all creeds, cultures and
colors can participate in it does not mean all do so equally
well, and gaming the immigration system to make our country
capable of accepting higher numbers of immigrants by tweaking
characteristics we select for (and that can legitimately include
country of origin, or limiting any one country of origin from
getting a share sufficient to be able to establish slow-
assimilating ghettos) is not an inherently evil or
unconstitutional idea even if one thinks it unpalatable or unwise.
Honza Prchal, Esq.* Birmingham, AL


(b) Dear Editor:
I suggest anyone to stop using Biblical or other religious
references in this debate. Nothing more ridiculous that at the
end many can prove that those religious references are in fact
can be self contradictory. Jesus says forgive and love your
enemies, shares your belongings to the poor, no to violence and
he himself was a refugee in Egypt so were his ancestors and
ordered his disciples to spread out the Gospel to entire mankind
for The Kingdom of God. Politically, Jesus was indeed a
socialist, pacifist, liberal and globalist in one not a gun
toting, selfish, greedy, racist, holier than thou hypocritical,
ignorant, xenophobe and close minded Republican. The Bible
suggests persecution and death penalty for gays, unruly kids,
prostitutes and adulterers and many others, shall we follow this
order today at 21st century. What about those prayers to heal any
sickness ? So, why we bother to have scientific medical
researches then ? Religious nuts only bring our humanity to
sectarian wars, hatred, ignorant and dark ages again. It's time
for us here to contribute common sense, fair and human solution
for our immigration chaos without blaming the poor folks from the
other sides of this planet trying to fix their life and selling
the fruits of their labor for better wages. We can't stay silent
also when our elected officials are wasting our money on non
sense wars, unstainable, inflationary economy and financial
policies and reckless spending and bailouts to the bankers and
their well connected Wall St. buddies while we're drowning in
debts and blood ******* usurious practices.
Robert Yang
_________________________________________________________________
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