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Jul 20 - Make Sure You Get It

Rating: 13 votes, 5.00 average.

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

July 20, 2009,0720.shtm

1.  Comment: Make Sure You Get It
2.  Focus: The Consular Posts Book, 2009-2010 Edition
3.  Articles:
    (a) Bloggings On The H-1B Visa by Anthony F. Siliato and
    Scott R. Malyk
    (b) Bloggings on Dysfunctional Government by Angelo A.
4.  News:
    (a) USCIS On Denied H1B Petitions For Health Care Specialty
5.  Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Help Wanted: Immigration Paralegals
    (c) Help Wanted: Immigration Attorney
    (d) Website Services
    (e) Translation Services
6.  Headlines:
    (a) Poll: Women Changing The Face Of Immigration Debate
    (b) PA Woman Sentenced In Immigration Case
    (c) AZ Attorney General Goddard Backs Changes To Immigration
    (d) Feds Accuse SC Poultry Plant Of Illegal Hiring
7.  ComingsNGoings:
    (a) Immigration Event
8.  Letters From:
    (a) Honza Prchal, Esq.
    (b) Alice Yardum-Hunter, Esq.
    (c) Roger Algase, Esq.,0720.shtm

Books On Immigration Law:
Immigration Law Seminars:

Make Sure You Get It

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

The Consular Posts Book, 2009-2010 Edition Shipping Now

The Table of Contents for "The Consular Posts Book", 2009-2010
Edition, shipping now, is as follows:

Chapter 1:  Argentina - Buenos Aires,  By Christi Hufford
Chapter 2: Armenia - Yerevan,  By Alice Yardum-Hunter    
Chapter 3: Australia - Sydney,  By NoahKlug    
Chapter 4: Brazil - Sao Paulo,  By Kristina Rost
Chapter 5: Canada -Toronto,  By Dharamchand " Randy" Depoo
Chapter 6: China - Beijing,  By Frederick W. Hong;
Guangzhou,  By Jakob Lipman and Adam Lee;
Shanghai,  By Christy Nguyen
Chapter 7: Colombia - Bogota,  By Luis A. Pinilla   
Chapter 8: France - Paris,  By Curtis Pierce   
Chapter 9: Germany - Frankfurt, By Steven A. Culbreath;
Munich, By Magdale Labbe Henke
Chapter 10: Haiti - Port au Prince  By Jose E. Latour   
Chapter 11: India - Chennai,  By Vic Goel;
Kolkata,  By Poorvi Chothani;
Mumbai,  By Priscilla Jones;
New Delhi,  By Poorvi Chothani
Chapter 12: Jamaica - Kingston,  By Claire D. Nilson   
Chapter 13: Nigeria - Lagos,  By C. Valerie Ibe   
Chapter 14: Philippines - Manila,  By Emmanuel S. Tipon   
Chapter 15: Taiwan - Taipei,  By Lesa M. Lawrence and Jessica L.
Chapter 16: Trinidad and Tobago - Port of Spain,  By Claire D.
Chapter 17: United Kingdom - London,  By Edward S. Gudeon   
Chapter 18: Vietnam - Ho Chi Minh City,  By Marc Ellis

Chapter 1: Introduction  Chapter 2: New Attorney Vulnerabilities
in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS
Soup to Nuts  
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials
and Correcting other Refusal Issues with the Consul  
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy
As It Looks
Chapter 6:  Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7:  E-1/E-2 Treaty Traders and Treaty Investors  
Chapter 8: The Consular Role in L-1 Blanket Petitions  
Chapter 9: H-1B "Dependent Employees":  From Labeling to Lawbreaking  
Chapter 10: Temporary Assignment of H-1B Employees to Client Work
Chapter 11: State Department Name-Checks and Security Advisory
Opinions (SAOs)  
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task
Forces - Send In the Marines: Best Practices to Survive Audits and
Task Forces 
Chapter 13: What to do if Your Client's Visa is Denied: Visa
Office Advisory Opinions  
Chapter 14: A Template for Attorney Risk-Assessment  

excerpts and documents: Statutes, Regulations, Foreign Affairs
Manual, Forms, Executive Orders, Department of Commerce, Department
of Homeland Security, Department of Justice, Department of Labor, 
Department of State, Bureau of Labor Statistics, Customs and
Border Patrol, Citizenship and Immigration Services, Government A
ccountability Office, Federal Bureau of Investigations, Immigration
and Customs Enforcement, Internal Revenue Service, The White House,
ILW.COM, Miscellaneous,Web Links

For contributor bios, more info, and to order, please see:  Or for fax,
please see:

(a) Bloggings On The H-1B Visa

Anthony F. Siliato and Scott R. Malyk write "Consistent with the
current culture of USCIS adjudications, H-1B employers who
provide IT consulting and staffing services are faced with yet
one more obstacle to navigate.",0720-siliato.shtm

(b) Bloggings on Dysfunctional Government

Angelo A. Paparelli writes "Federal Inspectors General (IGs) are
critically-important public servants -- except when they are
entranced by the siren song of individual Members of Congress who
commission reports that lead to phony, pre-ordained and self-
serving outcomes.",0720-paparelli.shtm

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

(a) USCIS On Denied H1B Petitions For Health Care Specialty

USCIS issued guidance to certain employers who received a denial
of Form I-129 requesting H-1B classification for a beneficiary to
practice in a health care specialty occupation prior to May 20,
2009, the related memo can be found here.,0529-velarde.pdf,0720-h1b.pdf

(a) Help Wanted: Immigration Attorneys
Midtown Manhattan - Boutique law firm seeks two attorneys:  1)
Senior attorney with 3-7 years experience to manage own caseload
of employment-based immigrant and non-immigrant visa petitions
for a wide range of professionals, including research scientists,
artists/designers, athletes, IT professionals, etc, family-based
petitions, motions & EOIR matters. May also handle some
litigation matters. 2) Junior attorney with 1-3 years experience
to assist Senior attorney with business & family immigration
matters and handle personal injury/no fault and matrimonial
litigation.  This position requires admission to NY Bar;
admission to NJ Bar is a +. Both positions require great
initiative and follow-through, as well as excellent writing and
interpersonal skills.  Ideal candidates will have graduated in
the top 1/3 of their class and have Journal experience.  Salary
DOE. Please email cover letter and CV to

(b) Help Wanted: Immigration Paralegals
Downtown Washington, DC (K Street area) - Fast-paced boutique
immigration law firm
seeks legal assistants. 1-2 yrs exp req.d in business/family
immigration law.  Interesting work and clientele; no timesheets;
latest technology; competitive salary and benefits (401K, health
insurance, paid vacation, etc). Successful applicants will be
detail-oriented, able to handle volume, highly organized and
strong communicators.  Email resume, cover letter and salary reqs
to No calls please. EOE.

(c) Help Wanted: Immigration Attorney
Lincoln, Nebraska - USCIS Office of the Chief Counsel (OCC) seeks
an experienced attorney for the position of Service Center
Counsel at the Nebraska Service Center (NSC). Responsibilities
include, but are not limited to, serving as an attorney providing
legal advice to the NSC personnel on issues involving immigration
related adjudications, inadmissibility and deportability grounds,
and national security; writing visa appeal briefs and providing
litigation support to the U.S. Attorney's office on cases arising
from Service Center adjudications. J.D. degree, active bar
membership by the entry on duty date. For full details enter COU-
CIS-2009-0005 here.
Applicants must submit (1) resume , (2) writing sample (10 pps.
max), (3) references to All
submissions must be received by close of business on July 17,
2009. GS-13/15, position open until filled. No relocation
allowance offered.

(d) Website Services
Gain the competitive edge with your new website from INSZoom, the
world's largest immigration software company. Choose from a range
of template websites, complete with customized logos and images,
60-70 pps. of professionally written immigration law content
including news articles, processing dates, and priority times
posted directly on your site. Our search engine optimization
tools will increase your web traffic and prioritize your site in
the major search engines. Our content management tool lets you
update your site in real time. Customized intake sheets let you
integrate your case management software directly into your site.
Biweekly newsletters and email blast tools enable you to stay in
constant touch with current clients and strengthen your potential
client base. Build leads and maintain a professional presence at
a reasonable cost with websites from INSZoom. Learn more online
or contact a sales representative at (925) 244-0600 to start the
process of launching your new website today.

(e) 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.
For a free quote, please complete
or fax your document at 818-907-9763.
6.  Headlines

(a) Poll: Women Changing The Face Of Immigration Debate

Data suggest that half of U.S. immigrants are women, and they are
facing radically different challenges than those which confronted
their male counterparts of decades past.

(b) PA Woman Sentenced In Immigration Case

A King of Prussia woman was sentenced yesterday to 21 months in
federal prison for denying on an immigration application that she
had been a prostitute or had procured anyone for prostitution.

(c) AZ Attorney General Goddard Backs Changes To Immigration

The changes could impact Maricopa County Sheriff Joe Arpaio's
enforcement efforts, including raids on drop houses and
businesses, conducted under a federal pact signed in April 2007.

(d) Feds Accuse SC Poultry Plant Of Illegal Hiring

Federal authorities say a South Carolina poultry processing plant
knew its managers were hiring dozens of illegal immigrants at a
facility raided in October.

For links to the above stories see here:,0720.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
July 28, 2009, 4pm EDT - The Law Enforcement and Public Safety
Channel is pleased to invite you to attend an Online Law
Enforcement And Public Safety Training & Knowledge Transfer:

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

(a) Dear Editor:
In a partial defense of immigration processing fees (7/10/09 ID
comment). Congress has made it quite clear (and that applies to
the Republican and Democrat Congresses of recent years) that it
wants immigrant processing to be self-supporting. The fees
charged support a fairly substantial government agency. Congress
loads the agencies up with contradictory mandates and then the
hapless bureaucrats are left to deal with the mess, always
subject to a Congressional hearing or other legislative branch
pressure if the political winds make it expedient to pick on some
poor civil servant. The blame for the fees is not properly
affixed to the executive branch, though individual cases of
surliness, thick headedness and all the rest often are. Congress
passes laws with goals that are often in conflict in the same
bill so that it's members can claim to be on the right side of
any screw-up that inevitably happens. We can see the same dynamic
in tax code fights or environmental regulations, each of which
also tries to address every concern and problem in the world and
succeeds mostly in making life more stressful, more fraught with
unintended consequences and less just than it should be. I not so
humbly suggest that we need radical simplification of the
immigration system, not additional ombudsmen (though the one's
I've met are nice enough) or layers of additional memoranda. Cut
the variety of visas down dramatically and limit the screening
process to eligibility, health and security concerns and the
costs should decline tremendously. To pick one example, I see no
role played by the Department of Labor that comes close to
justifying the hassle it adds to the immigration process. Let
costs regulate the system. Then numbers can fluctuate through
supply and demand instead of years of queuing that vary wildly
depending on the country of origin of the person applying.
Honza Prchal, Esq.  Birmingham, AL

(b) Dear Editor:
Yesterday, July 15 will be a historic day in my career. New
client expiring status that day, desiring to depart the U.S. but
unable to, so fallback position: file an extension application
for a short few months. Tried to do that online and for the first
time in years since inception in my experience, the online E-
filing system did not work. No matter what credit card or bank
account number I tried to pay with, none worked. Neither did some
of the usual links, like simply processing times at the Service
Centers. Fortunately, all failures could be documented by simply
printing out the pages, but what about the rights of individuals
in the process.     If the government wants to know about
usability of its website and feedback they should read this: they
must have their website available 24/7 if they profess to accept
e-filed cases. For individuals whose statuses are expiring with
no other options have to be able to file their cases predictably
there, or if they're unable to, rationale of untimely filing
based on error of the government and no fault on the part of the
alien for this reason doesn't reflect well on the system. To be
prevented from filing timely in emergencies due to CIS website
errors shouldn't be tolerated, or categorically excused.
Hoping this is short and sweet enough, and worthy of the
attention of those whose opinions matter on such issues.
Alice Yardum-Hunter, Esq.  Encino, CA

(c) Dear Editor:
Edward R. Litwin's letter (07/17/09 ID) is a good description of
the arrogance of government officials, in this case DOL staff in
charge of PERM, who seem to have forgotten that they are supposed
to be administering laws that are intended to allow qualified
people who follow the rules to get immigration benefits, not
using these laws an an excuse to prohibit immigration, something
that only Congress has the right to do. On a related note, I just
had my first experience with the new DOL icert LCA procedure for
H-1B cases. I was delighted to find out that my client's LCA was
certified, but during the one-week waiting period the employee's
work authorization came very close to expiring, meaning that the
employer which is filing the H-1B would at the same time have to
lay the person off until October 1, since the automatic extension
of EAD's pending a decision on cap subject H-1B petitions does
not apply to EAD's that have already expired at the time of
filing the H-1B petition. In addition, though this may be a small
point, I never got the promised email from the DOL confirming
that the LCA form was certified. Neither did the employer. I had
to find out through other means. What is the point of cancelling
a DOL system which was working fine and replacing it with one
which works imperfectly, and with unnecessary delay? Protection
against fraud? Give me a break. There has been fraud ever since
the serpent caused Adam and Eve to be deported from the Garden of
Eden. But throwing monkey wrenches into immigration systems is
not the way to combat fraud, which, in the case of most
immigration programs, is highly exaggerated. The only real
purpose of this kind of government obstructionism is pandering to
the anti-immigrant lobby.
Roger Algase, Esq.  New York, NY
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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