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Aug 18 - Make Sure You Get It

Rating: 9 votes, 4.56 average.

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


August 18, 2009


http://www.ilw.com/immigdaily/digest/2009,0818.shtm


Items:
1.  Comment: Make Sure You Get It
2.  Focus: The H-1B Book
3.  Articles:
    (a) USCIS Adjudications On H-1B Petitions Beginning To Smell
    Like Day-Old Fish by Alan Lee, Esq.
    (b) Iraqi Refugees In The US: In Dire Straits by Susan
    Dentzer et. al for The International Rescue Committee
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) USCIS Reminds Eligible Applicants under Ruiz-Diaz to File
    Adjustment of Status Application before End of August
5.  Classifieds:
    (a) Job Expo Australia
    (b) Help Wanted: Immigration Paralegal
    (c) Help Wanted: Immigration Attorneys
    (d) Help Wanted: Immigration Attorney
    (e) Credential Evaluation And Translation
6.  Headlines:
    (a) Illegal Immigration Enters the Health-Care Debate
    (b) Bollywood Star Detained By Immigration
    (c) Exhibit Deciphers Texas Coast's Role In Immigration
    (d) Immigration Must Be Reformed
7.  ComingsNGoings:
    (a) Share Your Professional News
8.  Letters From:
    (a) Jeffrey Frey
    (b) May Cruz
    (c) John H. Frecker
    (d) Mathew Millen
    (e) Ruth Stadnik


http://www.ilw.com/immigdaily/digest/2009,0818.shtm


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_________________________________________________________________
1.  COMMENT


Make Sure You Get It


Internet Service Providers (ISPs) are combating spam through a
variety of filters and blocking software to trap emails before
they even reach one's email inbox. The upshot is that many ISPs
are incorrectly categorizing legitimate email as undesired and
preventing these emails from ever reaching your inbox. If you are
experiencing email delivery issues, your ISP may have blocked
Immigration Daily delivery. To reduce the chances of this
happening to you in the future, please add Immigration Daily
(editor@ilw.com) to your email program contact list, mark the
email as "not junk" or add it to your "white list"--whichever is
applicable. This lets your ISP know that you want the email
delivered and reduces the chance of it being blocked. In spite of
this, If you do not receive your Immigration Daily issue anytime,
please contact the customer service of your ISP to report the
problem and let us know of the problem by writing to
mailto:webmaster@ilw.com.


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


The H-1B Book


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


II. INTRODUCTION


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


III. H-1B STEP BY STEP


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
evaluation
++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
  numbers


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


Fifth Step: Prepare And File The Labor Condition Application
(LCA)


++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


++Introduction
++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


IV. ADVANCED H-1B ISSUES


++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
  Weinstock
++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.
http://www.ilw.com/store/theh-1bbook.shtm
For the fax form, see here.
http://www.ilw.com/store/theh-1bbook.pdf
_________________________________________________________________
3.  ARTICLES


(a) USCIS Adjudications On H-1B Petitions Beginning To Smell Like
Day-Old Fish


Alan Lee, Esq. writes "USCIS now appears to be shortchanging its
small customers in H-1B adjudications without just cause."
http://www.ilw.com/articles/2009,0818-lee.shtm
http://www.alanleelaw.com/english/profile.htm


(b) Iraqi Refugees In The US: In Dire Straits


Susan Dentzer et. al for The International Rescue Committee write
"We conclude that the u.s. resettlement program, likely the only
safe alternative for thousands of Iraqi refugees, faces major
structural challenges in its organization and funding."
http://www.ilw.com/articles/2009,0818-dentzer.pdf
http://www.theirc.org


(c) Bloggings On PERM Labor Certification


Joel Stewart writes "During a recent meeting, at issue was the
method for determining Job Zones for particular SOC coded
occupational classifications and the factors to be considered in
determining what the Job Zone should be for an occupation."
http://www.ilw.com/articles/2009,0818-stewart.shtm
http://blogs.ilw.com/joelstewart/


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


(a) USCIS Reminds Eligible Applicants under Ruiz-Diaz to File
Adjustment of Status Application before End of August


USCIS reminded special immigrant religious workers, who have a
pending or approved Petition for Amerasian, Widow(er), or Special
Immigrant, (Form I-360), to file their Application to Register
Permanent Residence or Adjust Status, (Form I-485), on or before
Aug. 31, 2009.
http://www.ilw.com/immigdaily/news/2009,0818-diaz.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Job Expo Australia
Sydney Australia (March 2010) and Melbourne Australia (October
2010) - Recruit using the E-3 Treaty Visa. Don't miss this
opportunity to recruit in the "The Land of Wonder, the Land Down
Under"  It is good business to hire Australia's robust, educated
and English-speaking job seekers. Some 5,000 job seekers are
expected. Employers happily find that Australians do not have the
cultural assimilation or English language challenges of workers
from other countries. Can't make the Expo - utilize our Résumé
Service.  The Icon Group of Poulsbo, Washington USA is pleased to
bring you Job Expo Australia, we have been producing world class
international job expos for 12 years. Excellent, high profile,
sponsorship opportunities available that will bring you to the
immediate attention of job seekers before and during the Expo.
Outstanding hotel + airline discounts welcome you. Now is the
time to plan and reserve 2010 job fair participation. Job Expo
Australia, "Another Wonder from the Land Down Under"   "We'll
slip another shrimp on the Barbie for ya". A portion of Expo
proceeds will benefit The Steve Irwin Wildlife Reserve -
Australia Zoo.  Visit http://www.jobexpoaustralia.com
Contact us at mailto:australia@iconnetwork.org with questions and
requirements.


(b) Help Wanted: Immigration Paralegal
Washington, DC - Fragomen, Del Rey, Bernsen & Loewy
http://www.fragomen.com/
seeks an experienced Paralegal for its D.C. office. This is a
career position requiring a wide range of skills in a fast-paced
setting for the right candidate. Our ideal candidates have 2+
years experience with all aspects of business immigration,
including H-1B and L-1 visas, PERM, Immigrant Visa Petitions, and
Applications to Adjust Status. The Paralegal will have the
opportunity to manage caseloads with a large degree of
independence; communicate with clients regarding procedural and
case processing issues; update and maintain client status
reports; prepare bills; and serve as a team resource. Very
competitive salary and benefits for the right candidate. Please
email your cover letter, resume, and writing sample (Word or
Adobe formats only) to Robert F. McCafferty, Human
Resources/Office Manager, at mailto:rmccafferty@fragomen.com. Or
fax same to 202-371-2898. EOE.


(c) Help Wanted: Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorneys for its Refugee and Asylum Law Division in
Washington, D.C. Responsibilities include, but are not limited
to, advising the Division Chief, the Chief Counsel, and USCIS on
issues relating to US immigration laws and international treaty
obligations, and providing legal advice on domestic asylum law
and practice, overseas refugee resettlement programs, temporary
protected status, and the Convention Against Torture. J.D.
degree, active bar membership, 1+ years of post-J.D. experience
required. For full details enter COU-CIS-2009-0007  here.
http://jobsearch.usajobs.gov/
Applicants must submit (1) writing sample (5 pps. max) (2) resume
(3) cover letter, to mailto:Ronald.Whitney@dhs.gov All
submissions must be received by close of business on August 14,
2009. GS-13/15. Position open until filled. No relocation
allowance offered.


(d) Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an
experienced attorney with experience in immigration law and
training for the Training and Knowledge Management Division
(TKMD). Responsibilities include, but are not limited to, the
development of course materials and delivering of instruction,
developing and managing content with the USCIS Knowledge
Management Center, and serving as an advisor to the Chief of the
TKMD, the Chief Counsel, and to USCIS on issues relating to
immigration laws. J.D. degree, active bar membership, 3+ years of
post-J.D. experience and experience in classroom instruction
required. For full details enter COU-CIS-2009-0006 here.
http://jobsearch.usajobs.gov/
Applicants must submit (1) cover letter (2) resume , (3) two
writing samples (10 pps. max) to mailto:Janice.Neetenbeek@dhs.gov
OR Mail to: Janice Neetenbeek, Chief, Training and Knowledge
Management Division, OCC, U.S. Citizenship and Immigration
Services, 8801 N.W. 7th Ave., Suite 2012 Miami, Florida 33150.
Applications faxed or submitted through USAJOBS will not be
considered. All submissions must be received by close of business
on August 14, 2009. GS-13/15. No relocation allowance offered.


(e) Credential Evaluation And Translation
Why do the largest law firms, corporations and universities in
the U.S. choose AETS for their foreign credential evaluations?
Because as the nation's leader in foreign credential evaluations
and translations, American Evaluation & Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $75
educational evaluations, as well as $300 'expert opinion' work
experience and position evaluations completed by PhD university
professors who have the "authority to grant college level credit
for work experience and/or training." AETS offers a variety of
turn-around times, including same-day service for educational,
work experience, and position evaluations. For list of rates and
times, see:
http://www.aetsinternational.com/AETS.Credential.Evaluation.Application.PDF.Writable.2009.pdf
AETS also provides certified
translations in 100+ languages, with translators that are
specialists in 80+ fields. For a copy of the Application for
Credential Evaluation and Translation Services, see:
http://www.aetsinternational.com/AETS.Translation.Application.PDF.Writable.2009.pdf
Please contact AETS at anytime at (786)
276-8190, visit http://www.aetsinternational.com , or email:
mailto:info@aetsinternational.com.
_________________________________________________________________
6.  Headlines


(a) Illegal Immigration Enters the Health-Care Debate


But in many ways, illegal immigration is at the nexus of two key
health issues: the uninsured and ballooning costs.


(b) Bollywood Star Detained By Immigration


Oddly enough, the incident mirrors the plot for Khan's latest
movie with Fox Asia Studios, "My Name Is Khan," which focusing on
the story of a "Muslim man's travails in the U.S." and comes on
the heels of Continental Airlines frisking former president of
India A.P.J. Abdul Kalam at the Delhi airport earlier this year.


(c) Exhibit Deciphers Texas Coast's Role In Immigration


The City of Galveston was a busy port of entry for people coming
to America from the mid-1800s until 1924.


(d) Immigration Must Be Reformed


There are so many known illegal aliens in this country now and so
many have been here for so long, we are in over our heads.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0818.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) Share Your Professional News
Send your professional announcement to: mailto:editor@ilw.com.
Examples include: New Position, Honors And Awards, Mergers &
Acquisitions, New Office Address, New Appointment, New Associate,
New Attorney, New Partner. This is a free service.
_________________________________________________________________
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:
I am interested in purchasing US Tax Compliance For Immigrants
And Employers. However, before committing, I was wondering if you
could e-mail me a complete table of contents to review.
Jeffrey Frey


Editor's note: Table of contents for all our books
are available online. To view the Table of Contents for US Tax
Compliance For Immigrants And Employers, see here.
http://www.ilw.com/store/taxbook.shtm


(b) Dear Editor:
This is my opinion in response to Lisa Mulzac's letter to the
Editor (08/17/09 ID). When I read her letter I was shocked, that
is so similar to my story. The only diffrence is that I was
brought here when I was 6 years old. I am now 20 and still
waiting to obtain legal status. I too believe that it is unfair
for them to take away that first priority date.
May Cruz


(c) Dear Editor:
Thank you, Charles W. Bennion, Esq., for your letter (08/17/09
ID); the letter stated very well what many of us feel. I hope
that at least some of the "regulars" on ID will think about your
message.
John H. Frecker


(d) Dear Editor:
If ID is looking for a wish list: (1) Repeal the 3 and 10 year
bars in 212(a)(9)(B) (2) Amend 212(a)(6)(C)(ii) to provide for a
waiver for false claim to US citizenship ... equating this with
dealing 100 kilos of drugs is absurd - and extend the 212(i)
waiver to parents of US citizens (3) Repeal 212(a)(9)(C) (4)
Repeal 240A(a)(3)- allow for discretionary waivers for aggravated
felony convictions ... they don't have to be felonies and most
are not "aggravated" offenses (5) Reinstate 245(i) as a permanent
provision.
Mathew Millen    Los Angeles, CA


(e) Dear Editor:
I liked the old law - if a person survived here for 7 years and
didn't get into trouble, worked hard, and learned English, when
the statute of limitations expired they could apply for
citizenship (see 08/17/09 ID comment). I know that quotas are
important, but they are also very discriminatory.  Why don't they
raise the quota for Mexico, since the Mexican people have
contributed so much to our labor force and economy in CA and many
other states?  Why do we allow in all the well educated light
skinned people and discriminate against the hardworking economic
immigrants from Mexico?
Ruth Stadnik
_________________________________________________________________
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Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X


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