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Jun 9 - EVerify Delay Brings Relief

Rating: 4 votes, 5.00 average.

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


June 9, 2009


http://www.ilw.com/immigdaily/digest/2009,0609.shtm


Items:
1.  Comment: EVerify Delay Brings Relief
2.  Focus: The H-1B Book
3.  Articles:
    (a) Immigration Policy And State And Local Law Enforcement by
    Jessica M. Vaughan for the Center for Immigration Studies
    (b) Proving Lawful Source Of Funds For The EB-5 Immigrant
    Visa Program by Cora-Ann V. Pestaina
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) CBP Releases ESTA Advisory
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Help Wanted: Immigration Paralegals
    (c) Credential Evaluation And Translation
    (d) Case Management Technology
    (e) Forensic Psychology Services
6.  Headlines:
    (a) New Reason For Mexican Immigration To U.S.: Drug Violence
    (b) Illegal Immigration's Fallout: Families Split As
    Deportations Grow
    (c) Wanted: A Smarter Immigration Policy
    (d) Facing Reelection Reid Calls For Immigration Reform This
    Year
7.  ComingsNGoings:
    (a) Immigration Event - Arlington, VA
8.  Letters From:
    (a) Honza Prchal, Esq.
    (b) Roger Algase, Esq.
    (c) Jim Gibson


http://www.ilw.com/immigdaily/digest/2009,0609.shtm


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_________________________________________________________________
1.  COMMENT


EVerify Delay Brings Relief


Law.com reports "Employers are breathing yet another temporary
sign of relief over the controversial E-verify rule, which
mandates that federal contractors certify workers' immigration
status through a government database." For the full story, see
here.
http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1202431248337&EVerify_Program_for_Federal_Contractors_Delayed_Again=&src=EMC-Email&et=editorial&bu=Corporate%20Counsel&pt=Corporate%20Counsel%20Daily%20Alerts&cn=CC20090608&kw=E-Verify%20Program%20for%20Federal%20Contractors%20Delayed%20Again


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) Immigration Policy And State And Local Law Enforcement


Jessica M. Vaughan for the Center for Immigration Studies shares
a PowerPoint presentation on the topic.
http://www.ilw.com/articles/2009,0609-vaughan.pdf
http://www.cis.org


(b) Proving Lawful Source Of Funds For The EB-5 Immigrant Visa
Program


Cora-Ann V. Pestaina writes "This article will focus on the
requirement that often proves to be the most challenging for the
investor - documenting lawful source of funds."
http://www.ilw.com/articles/2009,0609-pestaina.shtm
http://www.cyrusmehta.com


(c) Bloggings On PERM Labor Certification


Joel Stewart writes "The regulation contains vague references
that will need to be more clearly defined, however, for the time
being there is only one debarment on the DOL debarment list."
http://www.ilw.com/articles/2009,0609-stewart.shtm
http://www.ilw.com/store/thepermbook.shtm


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


(a) CBP Releases ESTA Advisory


CBP issued a release reminding individuals that ESTA is a free,
automated system that determines the eligibility of visitors to
travel to the U.S. under the Visa Waiver Program.
http://www.ilw.com/immigdaily/news/2009,0609-ESTA.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Paralegal
New York, NY -  Klasko, Rulon, Stock & Seltzer, LLP, a
nationally-known immigration law firm, has an opening for a
paralegal with 2-3 years of experience to handle a variety of
employment based immigration matters for hospitals and research
organizations from its New York City office.  You will work with
attorneys, have contact with scientists, managers, and other
professionals to determine their skills and background, draft
documents to establish their eligibility for immigration
benefits, and help guide them through the immigration process.
If you are interested in international/intercultural issues; are
a good writer; are able to understand complicated rules and
procedures; and have a Bachelor.s degree with excellent academic
credentials along with 2-3 years of immigration experience,
please email your resume and a brief writing sample to:
mailto:hrpa@klaskolaw.com. Information about the firm can be
found at http://www.klaskolaw.com


(b) Help Wanted: Immigration Paralegals
Leading immigration law firm, Foster Quan, LLP,
http://www.fosterquan.com
seeks experienced immigration legal assistants for its Houston
and Austin, TX offices. Applicants must have two years of
employment based immigration experience. A university degree is
required, as well as strong writing and communication skills and
proficiency with Microsoft Word, Outlook and Excel. Foreign
language fluency is preferred. Must be detail oriented, able to
multi-task and have strong analytical and organizational skills.
Send resume and cover letter via e-mail to
mailto:hr@fosterquan.com, referencing the position title in the
subject line.


(c) 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.


(d) Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom
has a 99% customer retention rate. Use our forms with peace of
mind - 800+ updated within 24 hours of any new release, no
patches or downloads. E-File 20+ forms. Access your firm's online
database anywhere you have internet access. Client relationship
management tools, practice management tools, group calendaring,
emails, notes, reports, invoices, auto email alerts and
reminders, document storage and assembly. A library of
customizable questionnaires, letters and email templates
included. Online access for clients to check case status
included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
services: credit card processing, Outlook & QuickBooks
integration. One-time data entry and auto population into all
documents will save you time and reduce errors. Customizable to
support solo practitioners, mid-large law firms & corporations.
We teach you how to customize the software to fit your processes
and communication needs. Founded in 1999, INSZoom is a
profitable, financially sound company, employing 100+ engineers,
sales, and support staff. INSZoom is ISO 27001:2005 certified and
the "world's largest immigration software company", built with
flexible modules that allow you to manage and control technology.
To schedule a complimentary online demo, call 925-244-0600 or
email mailto:info@inszoom.com.


(e) 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.
_________________________________________________________________
6.  Headlines


(a) New Reason For Mexican Immigration To U.S.: Drug Violence


Now, however, as violence on the border continues to increase, a
new kind of immigrant to the United States is appearing: people
seeking asylum to escape the drug-fueled brutality in Mexico.


(b) Illegal Immigration's Fallout: Families Split As Deportations
Grow


Leaders of immigrant communities say the recent escalation by
federal agencies in deporting illegal immigrants is unraveling
the social fabric of these neighborhoods and could start
affecting police blotters and government relief rolls in the next
decade.


(c) Wanted: A Smarter Immigration Policy


Of all the initiatives undertaken in the name of homeland
security after 9/11, the visa screening requirements for foreign
scientists and engineers have probably done the most lasting
damage to America's economy -- particularly in the cutting-edge
technology fields that are vital to our economic leadership and
national security.


(d) Facing Reelection Reid Calls For Immigration Reform This Year


These efforts will lead up to a meeting the White House will host
on June 17 with lawmakers and activists to discuss immigration
reform.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0609.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) Immigration Event - Arlington, VA
2009 ACIP Annual Symposium: June 15-18, 2009, Arlington, VA - For
thirty-five years, the American Council on International
Personnel's Symposium has been the most highly respected annual
meeting devoted exclusively to employment-based immigration. We
bring in-house immigration professionals from universities and
research institutions, non-profits, and multinational
corporations together with U.S. government representatives and
legal experts. This year's Symposium "Changing Times, Changing
Strategies" will help you: strategize and network in an uncertain
economy, meet new leaders of Federal Agencies & Congress, develop
airtight compliance measures, and refine your global mobility
management models. http://www.acip.com/symposium. ILW.COM is
pleased to be an event media sponsor.
_________________________________________________________________
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 enjoy Robert Yang's letters, even though I generally disagree
with them, because he says what he means without pulling punches
and his heart is in the right place. That said, it is generally
considered bad form to lecture Christians and Jews on their own
religion. While the forensic device of using one's own
attachments against one can be used to good effect and has its
place, statements like "true Christian and Jewish should and can
never be a xenophobe, because he must understand how the life was
living as refugees" are no less offensive than people on the
other side of various immigration debates claiming God is on
their side. Besides, God told me my immigration ideas are right
and that we all need national ID cards printed on our foreheads.
Since Thomas Jefferson wrote our living Constitution, we're a
secular government and one way to prove it to all those gay-
bashing "Christianists" that bother the letter writer so is to
brand all upstanding citizens with the mark of the beast ... or
was that Moloch? Or was that the mark of Cain?
Honza Prchal, Esq.  Birmingham, AL


(b) Dear Editor:
Here are a few more thoughts about the urgent need to pass
immigration reform this year. It is a mistake to look at
immigration as just one issue among many others. Just as civil
rights was the great moral issue in America in the 1950's, 1960's
and 1970's, immigrant rights is the overriding issue of our time.
In that era, the South had its segregated schools, its chain
gangs and its lynchings. Now, we have immigrant detention centers
where, according to a Washington Post series last year, over
sixty inmates have died from deliberate denial of medical
attention. We also still have the threat of resuming terrifying
mass workplace raids that break up families of thousands of
Spanish-speaking American citizens, as well as mass assembly line
deportations in which the right to counsel is too often a joke,
not to mention heavy handed use of the criminal law against
immigrants. Just as African-Americans were an underclass without
any rights in the South fifty years ago, and were discriminated
against everywhere in America, now we have a mainly Latino
underclass of at least 12 million illegal immigrants, as well as
millions more waiting endlessly for legal visas and green cards.
Fifty years ago, the most despised word in the English language
was ''busing", i.e. taking action to desegregate the schools.
Now, the most hated word is ''amnesty". Everything that America
stands for is at stake in the battle to pass immigration reform.
Roger Algase, Esq.  New York, NY


(c) Dear Editor:
I just wanted to say thank you for putting out this news letter
daily. I am not a lawyer, but have an extremely close friend in a
very bad immigration situation and read this letter daily to look
for possible solutions. FYI My friend has sought legal counsel
and was told nothing can be done till something changes.
Jim Gibson
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!


Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X


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Send correspondence and articles to editor@ilw.com. Letters and
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any medium. The views expressed in letters and articles do not
necessarily represent the views of ILW.COM.
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