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Jul 13 - Regular Applicants Subsidize Premium Processing

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


July 13, 2009


http://www.ilw.com/immigdaily/digest/2009,0713.shtm


Items:
1.* Comment: Regular Applicants Subsidize Premium Processing
2.* Focus: The J Visa and Exchange Program
3.* Articles:
*** (a) Bloggings on Dysfunctional Government by Angelo A.
*** Paparelli
4.* News:
*** (a) DHS Announces New Memorandum Of Agreements For 287g
*** Partnerships
5.* Classifieds:
*** (a) Help Wanted: Immigration Paralegals
*** (b) Help Wanted: Immigration Attorney
*** (c) Help Wanted: Immigration Paralegal
*** (d) Forensic Psychology Services
*** (e) Credential Evaluation And Translation
6.* Headlines:
*** (a) Court Backs Higher Bail On Illegal Aliens
*** (b) Illegal Immigrants Again In The Budget Spotlight
*** (c) Immigration Law Separates Minnesota Family
*** (d) Help From Afar: 13-Year Immigration Battle Ends With
*** Success
7.* ComingsNGoings:
*** (a) New Offices - Phoenix, AZ
8.* Letters From:
*** (a) Gary Endelman, Esq. and Quynh Nguyen, Esq.
*** (b) Honza Prchal, Esq.
*** (c) Michael Bilello
*** (d) John J. Brannigan
*** (e) Amit Anand
*** (f) Lion Khare V.G.
*** (g) Charles Lamm


http://www.ilw.com/immigdaily/digest/2009,0713.shtm


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_________________________________________________________________
1.* COMMENT


Regular Applicants Subsidize Premium Processing


Two GAO reports from earlier this year show that USCIS's vaunted
Premium Processing unit's services are subsidized by regular
applicants who receive shoddy service. In other words the fees of
regular applicants for USCIS's services are used to subsidize the
cost of delivering faster services to premium processing applicants.


The first report "Immigration Application Fees"
http://www.ilw.com/immigdaily/news/2009,0713-imfees.pdf
is critical of USCIS's accounting and is worth a read for those
interested in immigration fee issues, but the second is the gold
mine - it is titled "Federal User Fees".
http://www.ilw.com/immigdaily/news/2009,0713-fedfees.pdf
Here are pertinent quotes from this document:**


"the additional costs of premium processing services are funded by
non-premium processing fee-paying applicants, raising equity
concerns. Because USCIS has not identified the total costs of
these services, the actual dollar amount being subsidized is
unknown. (Federal User Fees at page 4; page 9 of 47 of the pdf
file)"


"Further, Congress authorized USCIS to adjust the premium process
fee according to the consumer price index but USCIS has not adjusted
the fee since the fee's enactment. The additional collections that
would result from an inflation adjustment could have been used to
defray the costs of the premium processing service-currently born
completely by non-premium processing customers-thereby limiting the
amount of cross-subsidization by non-premium processing applicants.
(Federal User Fees at page 32; page 37 of 47 of the pdf file)"


USCIS's services are nothing to brag about, to put it mildly. On
top of that, for the hundreds of thousands of regular applicants
to find that their application fees are being used to process a
minority of others' applications is adding insult to injury.


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


The J Visa and Exchange Program


ILW.COM is pleased to announce a new 3-part telephone seminar
series " The J Visa and Exchange Program", the curriculum is as
follows:


FIRST Phone Session on July 15: Choosing the Best Training Visa:
H-3 or J-1?
++Why choosing a training visa can be so difficult
++H-3 legal standards
++J-1 trainee & intern legal standards
++Comparison of H-3 & J-1
++Considerations which influence choice of visa
++Late breaking items


SECOND Phone Session on August 12: Selecting the Best J Visa
Category and Exchange Program for Your Client
++ Categories and purpose
++ Attorney's role in advising clients
++ In-house program vs. umbrella program
++ Considerations when choosing a sponsor
++ Late breaking items


THIRD Phone Session on September 9: Exchange Programs under the
Obama Administration
++ SEVIS II implementation
++ Skills List update
++ Bi-national work-based public diplomacy programs
++ Regulatory landscape and anticipated changes
++ Student Intern category
++ Late breaking items


Don't wait to register, Tuesday, July 14th is the deadline. For
more info, including speaker bios, detailed curriculum, and
registration information, please see: Online:
http://www.ilw.com/seminars/200917.shtm. Fax form:
http://www.ilw.com/seminars/200917.pdf.
_________________________________________________________________
3.* ARTICLES


(a) Bloggings on Dysfunctional Government


Angelo A. Paparelli writes "So, how exactly does a federal
contractor eager to get in on the stimulus dollars available
under the 2009 American Recovery and Reinvestment Act satisfy the
FAR E-Verify mandate?"
http://www.ilw.com/articles/2009,0713-paparelli.shtm
http://www.seyfarth.com


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


(a) DHS Announces New Memorandum Of Agreements For 287g
Partnerships


DHS Secretary Janet Napolitano announced that ICE has
standardized the Memorandum of Agreement (MOA) used to enter into
"287(g)" partnerships and also announced eleven new 287(g)
agreements with law enforcement agencies from around the country.
http://www.ilw.com/immigdaily/news/2009,0713-napolitano.shtm
_________________________________________________________________
5.* CLASSIFIEDS


(a) Help Wanted: Immigration Paralegals
Downtown Washington, DC (K Street area) - Fast-paced boutique
immigration law firm
http://www.immigrationgroup.com/
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 mailto:jobs@immigrationgroup.com. No calls please. EOE.


(b) 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.
http://jobsearch.usajobs.gov/
Applicants must submit (1) resume , (2) writing sample (10 pps.
max), (3) references to mailto:William.Craig@dhs.gov. All
submissions must be received by close of business on July 17,
2009. GS-13/15, position open until filled. No relocation
allowance offered.


(c) Help Wanted: Immigration Paralegal
Las Vegas, NV - The Law Offices of Garcia-Mendoza & Snavely
http://www.gms4law.com
seeks an experienced paralegal to perform all types of business
and family visa packages under supervision of attorney. Minimum
3-5 years experience required. Salary to be negotiated. Firm
provides benefits including paid vacation and sick leave plus
profit sharing plan. Located in a free standing building on
ground level in downtown. Parking is free. Submit resume + cover
letter to mailto:evagm@gms4law.com. All replies remain in
confidence.


(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.
http://www.forensicpsychologyexperts.com
The right experts make a real difference.


(e) Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and
translations, American Evaluation and Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $50
educational evaluations, as well as $200 '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://aetsinternational.com/applicationforevaluationservices.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, please contact AETS at (786) 276-8190, visit
http://www.aetsinternational.com, or email:
mailto:info@aetsinternational.com.
_________________________________________________________________
6.* Headlines


(a) Court Backs Higher Bail On Illegal Aliens


Bail for illegal immigrants accused of serious crimes can be
raised to prevent federal officials from deporting them before
their cases can be heard, the state Supreme Court ruled
yesterday.


(b) Illegal Immigrants Again In The Budget Spotlight


The economic downturn has activists pushing for a measure that
would limit the services Californians provide.


(c) Immigration Law Separates Minnesota Family


Now, nearly four years and three filings later, he is still
'stuck' in Ghana, and we have not seen him since then.


(d) Help From Afar: 13-Year Immigration Battle Ends With Success


Thirteen years ago, Phasook "Noot" Lenoel set out to bring her
brother and sister-in-law to the United States from Thailand.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0713.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 Offices - Phoenix, AZ
Leslie Abella Dahan is pleased to announce the opening of Dahan &
Associates, PLLC, a firm specializing in family and business
immigration.* Leslie has over 14 years experience in family and
business immigration law, representing individuals and companies
of all sizes.* Leslie was formerly a Shareholder and Partner at
major immigration firms. 11811 N. Tatum Blvd, Suite 3031,
Phoenix, AZ* 85028, (602) 953-7766, www.dahanassociates.com.
Email info@dahanassociates.com.
_________________________________________________________________
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:
The Office of Foreign Labor Certification is currently developing
baseline targets for an enhanced PERM performance measure and a
new PERM integrity measure (see 07/09/09 ID). These measures are
scheduled for approval and implementation at the beginning of FY
2010- from page 15 where they say that only 11% of cases resolved
within 6 months as of March 31st. When only 11% of labor
certification cases are decided within six months, by DOL's own
statistics, there is no PERM. This is the pre-PERM world in all
but name. The whole purpose of PERM was to prevent the LC program
from drowning by streamlined adjudication. That was the promise
of PERM and why it came into being. That is gone with massive
audits and supervised recruitment.
Gary Endelman, Esq. and Quynh Nguyen, Esq. Editor's note: We
would like to credit Gary Endelman, Esq. and Quynh Nguyen, Esq.
for bringing the terrible PERM performance to our attention
earlier this week (this is what triggered our comment of
07/09/09).


(b) Dear Editor:
Letters from Mr. Murray and others have been upset with Mr.
Yang's letters asserting that foreigners have a right to come
here willy nilly regardless of the vagaries of US immigration
law. I think the point Mr. Yang's letter is trying to make is
that it is not morally right for the US to have DOL certification
or any of the other laws that that restrict entry for reasons
other than health or safety. When Mr. Yang's letter states, as on
July 8th, the term "right" seems to be used in it's original
philosophical/theological sense. Such a usage is as old-fashioned
(and bracing) as his politics, so misunderstandings result.
Unfortunately for his letter's position, the United States has
become a welfare state and rent-seeking behavior designed to
limit market entry and maximize various groups' share of the
bounty of all sorts of government teats is a fact of life that
makes Mr. Yang's letter's policy preferences something we can
only work towards, not something that constitute a right in any
legal or philosophical sense. The same geniuses that designed one
of the world's most intrusive tax systems designed our
immigration system. The same people we hope might rationalize
immigration policies are presently adding curlicues to the
regulatory edifice at a pace that would make both Bushes and
Clinton rolled into one blush. I am not at all hopeful until I
realize Carter started airline and telephone deregulation.
Honza Prchal, Esq.* Birmingham, AL


(c) Dear Editor:
Responding to 07/10/09 ID comment, abolish attorney fees that are
more then the USCIS fees. This is the stupidest idea ever.
Michael Bilello


(d) Dear Editor:
I am an American retired and living in Guatemala. The fees and
and hostilities I have experienced at the U.S. Embassy here are
outrageous (07/10/09 ID comment). I thought the taxes we paid
were for Government services. The long lines every day of people
wanting visas that cost $100 will more then pay the salaries of
the Guatemalans empoloyed by the embassy and more then 90% are
arbitrarilly denied and guess who keeps the money.
John J. Brannigan


(e) Dear Editor:
If you are talking about $1000 premium procession fee, then how
about for past 3 years I spend $10000.00 to apply for Green first
step called PERM Labor, Advertisement for PERM, Layer fee, H1
extension fee, and my case is on audit for past 2 1/2 years
(07/10/09 ID comment). It sound itself so stupid when all are
saying Comprehensive immigration reform, for Illegal Immigrants
to show some kind of path to become Legal, where Legal people are
already waiting for 10-20 years to get green card, illegal
immigrants push backlog to 100-120 years,, Guise what, then how
will be legal here (only American Indians).
Amit Anand Dear Editor:* Immigration fees are outrageous compared
to the service expected from those ridiculous amount of fees
(07/10/09 ID comment). A friend of mine got a notice letter
telling him that his naturalization interview has been postponed
due to "unforeseen circumstances" without further detail and when
he called USCIS 1800 numbers for customer service there's no
quick and clear option to speak to a live customer service but
boring recorded automated voice messages then he pushed phone
buttons by accident then got connected to an outsourced USCIS
customer service who had no clue about his application status nor
could be more helpful about it. Unbelievable. After raising all
immigration fees, it should be appropriate for USCIS to staff
more reliable persons on customer service who have access to all
information required by customers. It's the time that USCIS
should treat all applicants, petitioners as its valued customers
not an unwelcomed and unwanted burden since they have paid so
much in this sloppy service. It's also very important to reform
our immigration laws to be as simple, practical and fair as
possible, without costly and bureaucratic red tapes.
Robert Yang


(f) Dear Editor:
I am Lions Club Internatial (NGO) Member Lion Khare Vijay G and
practising Attorney (called Advocate) from Mumbai/Thane Dist.* I
agree with ID's views for abolition or at least substantial
reduction to immigration fees. I am a holder of USA visa Bi B2
for ten Years from 07 to 17 from India and am presently on my
third visit to USA (07/10/09 ID comment).
Lion Khare V.G. Mumbai, India


(g) Dear Editor:
When I was issuing visas starting in 1981, it was $5 for the
application and $20 for the immigrant visa (07/10/09 ID comment).
Now, it's hundreds.* I know of no other place in the government
where fees have skyrocketed by this much. Eliminating the fees
will also streamline the process at Embassies abroad by removing
hundreds of thousands of these transactions.
Charles Lamm
_________________________________________________________________
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