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Apr 8 - CIR In 2009

Rating: 3 votes, 3.67 average.

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


April 8, 2009


http://www.ilw.com/immigdaily/digest/2009,0408.shtm


Items:
1.  Comment: CIR In 2009
2.  Focus: Today Is The Deadline For Health Care Visas For
    Beginners
3.  Articles:
    (a) The Sincerest Form Of Flattery - Highly-Skilled Workers
    At Our Nations Shores: A Comparison Of America's H-1B And
    Israel's B-1 Expert Work Visas by Amit Acco and Shannon
    Rosenstein
    (b) A Plan To Influence And Convince: Strategic Advice For
    The Legislative Passage Of CIR In 2009 by Robert Gittelson
    (c) Immigrants Of The Week: Miguel Blas-Matus, Chien-Ming
    Wang, and Martin "John" Atalla by Greg Siskind
4.  News:
    (a) EOIR Issues Latest Disciplinary Actions
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Help Wanted: Immigration Professional
    (c) I9 Audit Services
    (d) Credential Evaluation And Translation
    (e) Case Management Technology
6.  Headlines:
    (a) Immigration Appeals Court To Decide Within Days On John
    Demjanjuk's Deportation
    (b) Advocates Want Halt on Immigration Raids to Ensure
    Accurate Census
    (c) U.S. Offers Refuge to Cubans, Even if They're Not From
    Cuba
    (d) Moments When You're Glad McCain Didn't Win
7.  ComingsNGoings:
    (a) New Offices - New York, NY
8.  Letters From:
    (a) Bruce A. Hake, Esq.
    (b) Dave Anderson
    (c) Carrie Flores
    (d) Sergi Sheplov


http://www.ilw.com/immigdaily/digest/2009,0408.shtm


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_________________________________________________________________
1.  COMMENT


CIR In 2009


There are surprising (and positive) developments to report on
CIR. The House appears to be getting its act together on
immigration, Immigration Daily has learnt that Rep. Conyers and
Rep. Lofgren have made significant progress in writing a massive
CIR bill. Furthermore, The Hill reports
http://thehill.com/leading-the-news/house-democrats-ready-to-give-immigration-bill-another-shot-2009-03-24.html
that "House Speaker Nancy Pelosi, who did not bring the issue up
last Congress, appears to be throwing more support behind the
initiative this time." A major immigration bill, backed by the
full Democratic leadership of the House is likely to be ready for
hearings and markup in a couple of months. This development is
particularly heartening in that positive signs from the House
were not visible earlier this year. However, on the flip side,
despite repeated pro-immigration rhetoric from Sen. Reid,
Majority Leader of the Senate, Immigration Daily has learnt that
there are no plans this Spring for any major bill, hearings or
markups in the Senate Judiciary Committee or the Senate
Immigration Subcommittee. Thus the order of events on CIR (the
economy permitting, of course) appears to be first the House,
then the Senate, with the final vote likely to be in the Fall. As
to the content of the bill, as we have reported before, the bill
will likely have two legs - benefits (legalization and increased
permanent quotas) and enforcement (mandatory employment
verification and border enhancements). Missing is the "third leg"
of McCain-Kennedy - guest workers will likely be postponed to a
future Congress to handle. As the Los Angeles Times reports  "
http://www.latimes.com/news/nationworld/nation/la-na-immigration27-2009mar27,0,4007105.story
The new proposal, as laid out by several participants in the
behind-the-scenes negotiations, would also create an independent
commission that would assess labor and industry data to decide
how many foreign workers should be allowed into the country. The
system, designed by Ray Marshall, a Labor secretary under
President Carter, would replace a maze of special temporary
worker visas that are granted each year to high-tech specialists,
agriculture workers and other foreigners brought into the U.S. by
foreign and domestic firms."


The key issue in obtaining benefits in the 111th Congress will
likely be the Senate cloture vote. Getting to 60 votes will
likely need as many as 10  Republican votes. The National Journal
reports
http://www.nationaljournal.com/njmagazine/pi_20090404_9431.php
that Sen. McCain, the erstwhile Republican leader on immigration
matters, is "angry and frustrated" by the 2-to-1 support of Obama
by Hispanics. Mr. McCain's misgivings are emblematic of wider
problems connected to immigration afflicting the Republican Party
as seen in this report in the Washington Times:
http://www.washingtontimes.com/news/2009/mar/03/hispanics-wary-of-future-in-gop/
which read "The mood was distinctly downbeat at times at a recent
Capitol Hill gathering sponsored by the Republican National
Hispanic Assembly (RHNA) on the "Future of Hispanics in the GOP."
For some, the basic question was whether there was any future to
discuss."


Given that Republican Senate support for CIR will be absolutely
pivotal to passage (since several Democratic Senators can
reliably be expected to defect),  Congressional passage of CIR is
anything but certain. However, lesser immigration compromises in
Congress are possible such as permanent E-Verify extension in
exchange for DREAM and/or AgJOBS and/or 245i. Still another
possibility, in the event that the deep recession makes
Congressional action difficult, is that the Executive Branch will
take some muscular steps to bring major benefits relief. Some of
it could be along the lines suggested by Gary Endelman and Cyrus
Mehta
http://www.ilw.com/articles/2009,0225-endelman.shtm
who showed that there is ample room in the INA, for the Executive
Branch, acting alone and without Congress, to take decisive
curative action (the key being to separate permanent residency
from the two critical benefits that flow therefrom - legal work
authorization and ability to travel; both of these benefits can
be made available, by Executive fiat within the current statutory
framework, to millions of immigrants - both present and future,
immediately, without any act of Congress).


Regardless of the specific path taken, there appears to be reason
to believe that 2009 is likely to have some good news for those
long awaiting action on immigration benefits. This is more than
wishful thinking on our part. As noted political analyst Jay Cost
observes "
http://www.realclearpolitics.com/horseraceblog/2009/03/obamas_liberal_moment.html
President Obama has a unique opportunity. He cannot presume that
it will last long, that it will assuredly yield significant
changes in policy, or that he'll have another chance." Of
particular interest is the graphic showing "Ideological Scores of
Congress" in Jay Cost's article, showing how far and fast to the
left Congress moved in 2006 (continuing in 2008). Such drastic
political changes occur but seldom in American history, and most
immigration advocates have not yet fully taken on board the
opportunities inherent in the new political landscape (we hasten
to add that the with the string of defeats suffered by
immigration benefits since 9/11, this is understandable, but it
is no longer in sync with political reality on the ground). Based
on the huge swing shown on the graph, it's close to a sure bet
that laws enshrining the liberal vision are much more than a
possibility. It is not an accident that immigration has made it
to the top half dozen issues in the news for this Congress and
this administration (with EFCA, climate change, universal health
care, investments in education, and reordering budget
priorities). As spring buds blossom across America, immigration's
moment in the sun will likely come before the first leaves fall.
Stay tuned.


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


Today Is The Deadline For Health Care Visas For Beginners


Today is the deadline for the 3-part telephone seminar series
"Health Care Visas For Beginners", the curriculum is as follows:


FIRST Phone Session on April 8: Allied Healthcare Workers
++Immigration Options:
++What temporary visa options are available?
++Which occupations qualify for EB-2 immigrant processing?
++Is a PERM application required?


++Healthcare Certificate:
++Which occupations require a healthcare certificate?
++Do the credentialing organizations differ in their standards
for issuing healthcare certificates?
++How does the healthcare certificate coincide with state
licensing?


++Cap Exempt:
++What if you missed the H-1b cap?
++Which employers are exempt from the H-1b cap?
++What's the latest on USCIS interpretation of "affiliation
agreements"?


++License and Education Requirements:
++Which occupations require a license?
++What are the education requirements?
++What's the latest USCIS interpretation of Master's degree
requirement for O.T.'s and P.T.'s?


SECOND Phone Session on May 13: Nurses
++Temporary Visas:
++Is H-1b an option for nurses?
++How does the H-1C visa work?
++What licensing and credentialing requirements apply?


++Immigrant Visas:
++What's the criteria for Schedule A?
++What proof must be submitted to USCIS?
++How to handle split processing for family members abroad?
++What's the latest on legislative relief for Schedule A
occupations?


++Potential Pitfalls:
++What's the in-house media and union posting requirement?
++How to show ability to pay for multiple applications?
++What's the latest on "permanent" nature of the job?
++Can the employee pay for some of the costs?
++What problems arise due to retrogression?


THIRD Phone Session on June 3: Physicians
++Temporary Visas:
++What visa options are available?
++Are there prevailing wage issues?
++What licensing and credentialing requirements apply?
++What's the latest on H-1b cap exemption for physicians?


++Immigrant Visas:
++When to use EB-1, PERM or NIW?
++How to time a 212(e) waiver with immigrant processing?
++What's the latest on MBBS/MD equivalency?


++Waivers:
++When does the foreign residence requirement apply?
++What waivers are available for physicians?
++What's the latest on the Conrad 30 program?


Don't wait to register, Tuesday, April 7th is the deadline.
For more info, including speaker bios, detailed curriculum,
and registration information, please see: Online:
http://www.ilw.com/seminars/200909.shtm
Fax form: http://www.ilw.com/seminars/200909.pdf
_________________________________________________________________
3.  ARTICLES


(a) The Sincerest Form Of Flattery - Highly-Skilled Workers At
Our Nations Shores: A Comparison Of America's H-1B And Israel's
B-1 Expert Work Visas


Amit Acco and Shannon Rosenstein write "Like America, Israel is a
country of immigrants. Israelis originate from every corner of
the globe - Africa, Asia, Europe, Australia, and North & South
America."
http://www.ilw.com/articles/2009,0408-acco.shtm
http://www.ktalegal.com/


(b) A Plan To Influence And Convince: Strategic Advice For The
Legislative Passage Of CIR In 2009


Robert Gittelson writes "[President Obama] has asked for advice,
and I have advice, so here it goes."
http://www.ilw.com/articles/2009,0408-gittelson.shtm
http://www.ilw.com/articles/2009,0408-gittelson.shtm#bio


(c) Immigrants Of The Week: Miguel Blas-Matus, Chien-Ming Wang,
and Martin "John" Atalla


Greg Siskind celebrates the achievements of these select
immigrants.
http://www.ilw.com/articles/2009,0408-siskind.shtm
http://www.visalaw.com/


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


(a) EOIR Issues Latest Disciplinary Actions


The Executive Office for Immigration Review released its latest
disciplinary actions: seven attorneys were immediately suspended;
seven received final orders; one was reinstated.
http://www.ilw.com/immigdaily/news/2009,0408-disciplinary.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Paralegal
NYC - Established boutique law firm seeks experienced paralegal
who desires to work from home, part-time.  We specialize in O-1
and EB-1A in the arts and entertainment, with a selection of H-1,
L-1 and family cases. The ideal candidate will: 1) have
experience in our practice area, 2) have an interest and talent
for organizing, excerpting and summarizing evidence in a lengthy
submission letter (for O-1 and EB-1 cases), 3) be self-
motivating, and will 4) work efficiently, timely and in an
organized fashion.  We communicate via emails and couriers. The
candidate will augment our current team of telecommuting
paralegals. We project 5-15 cases per month.  The candidate must
have necessary computer equipment, software and skills for this
position.  We pay by the hour or per case. Please forward
detailed resume, writing sample for EB-1A case, and two
references to: mailto:777lawyernyc@gmail.com.


(b) Help Wanted: Immigration Professional
New Orleans, LA - Tulane University seeks a dynamic immigration
professional for the position of Program Manager in the Office of
International Students and Scholars (OISS). The Program Manager:
ensures Tulane's compliance with US immigration regulations and
procedures with regards to H-1B and TN visas; is principal
contact for the hiring of Tulane int'l faculty and staff; ensures
intl'l faculty/staff receive proper immigration documentation and
understanding of US immigration procedures; assists with F-1 and
J-1 visa processing; helps retain int'l students to successfully
complete academic course of study through programming.
Requirements include: bachelor's degree and 2+ years int'l
education experience at college level or equivalent. Salary is
$34,080-$43,000/yr, depending on experience. To view full job
details (scroll down to Manager, Program) and to apply visit here
http://www.profilesams.com/index.asp?siteid=TULNAMS
refer to job listing #102583.


(c) I9 Audit Services
Do your clients need substantive due diligence for the employment
provisions of the INA? Omega Secure Solutions (OSS), Inc.
http://www.omegasecuresolutions.com/Home.html
offers a cost effective option to review your client's I9s which
can help your law firm gain competitive advantage.  OSS has a
national workforce of retired immigration investigators.  All our
Associates have a minimum 25+ years as distinguished INS / ICE
senior special agents.  OSS provides a comprehensive plan to
demonstrate to the satisfaction of ICE that your business clients
are serious about complying with the INA so that devastating
adversarial action does not become a reality.  We understand the
law and the bureaucracy that administers that law. Omega ... the
last word in Homeland Security support. To learn more about our
services including HR training, employer-worksite compliance
programs, I-9 audits, all at competitive rates, contact Bob
McGraw, President, Omega Secure Solutions at
mailto:rmcgraw@omegasecuresolutions.com or 410-263-9500.


(d) 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.


(e) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, ImmigrationTracker
http://www.immigrationtracker.com
is the most flexible and dependable immigration management
solution on the market today. Designed by immigration attorneys
and paralegals, ImmigrationTracker is often praised for its ease
of use, intuitive features, and built-in immigration knowledge.
As one of our customers noted, "If we had two years and unlimited
funds to design our ideal immigration management system, Tracker
would be it."  Phil Curtis, Chin & Curtis.  Find out for yourself
why Tracker is the choice of: 83% of practicing Past Presidents
of the AILA (American Immigration Lawyers Association, through
June 2007); 86% of the 25 largest immigration law firms (IndUS
Business Journal 2006); 75% of the AmLaw 200 (largest US law
firms, American Lawyer Media, 2006); 3x as many globally ranked
immigration attorneys as compared with other software vendors
(Chambers Global and the International Who's Who of Business
Immigration Lawyers, 2007). Schedule your private demo: Call
1-888-466-8757 ext. 278 or email
mailto:sales@immigrationtracker.com.
_________________________________________________________________
6.  Headlines


(a) Immigration Appeals Court To Decide Within Days On John
Demjanjuk's Deportation


If the appellate court rules against Demjanjuk, the 89-year-old
could be deported as early as Wednesday to stand trial as an
accessory to the deaths of 29,000 Jews at a Nazi death camp in
1943.


(b) Advocates Want Halt on Immigration Raids to Ensure Accurate
Census


U.S. Rep. William Clay says he'll ask the Obama administration to
suspend immigration raids over the next year, so illegal
immigrants don't worry that sharing accurate information with
Census workers could somehow expose them to punishment.


(c) U.S. Offers Refuge to Cubans, Even if They're Not From Cuba


Thanks to a recent twist on a relic of the Cold War, however,
there is a welcome mat out for an expanding number of U.S.-bound
migrants - so long as they can establish that they are citizens
of Cuba, even if they have never set foot on the island.


(d) Moments When You're Glad McCain Didn't Win


Immigration reform shouldn't be a "favor" to Hispanics - it
should be good policy.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0408.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 - New York, NY
Lightman Law Firm LLC is pleased to announce the location of its
new offices:  345 Seventh Avenue, 21st FL, New York, NY 10001.
Tel: (646) 833-1644, Fax:  (646) 833-1674, Toll Free:  (800)
673-1120, effective March 18, 2009.
http://www.lightmanlawfirm.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:
ID already publishes an incredible number of foam-at-the-mouth
nativists in  your letters column, but the 4/5/09 ID hits a new
low by liking to an  article entitled "Catholic Church Encourages
Illegal Immigration After  Losses From Molestation Scandal," with
this blurb apparently added by  ID:  "The coffers of U.S.
Catholic churches have been running on empty and  the church sees
the pocketbooks of illegal immigrants as its only  hope."  That's
not a news article.  It's a blog posting by some wingnut in
Virginia, whose bio only says that he's employed "in the security
industry."  The post, of course, has no evidence at all, just a
spew of  anti-foreigner, anti-Hispanic, and anti-Catholic hate
speech.  There are  hundreds of real articles and thoughtful blog
postings on immigration  published every day.  ID should never
publish rank garbage like that.
Bruce A. Hake, Esq.


(b) Dear Editor:
Mr. Houghtaling's letter (04/07/09 ID) described what it called
good police work ... let us not think all police are capable of
doing it.  Cheers for those who can and do.
Dave Anderson


(c) Dear Editor:
The Catholic Church is made up of human beings who err and sin,
but has always followed Jesus Christ's example for over 2000
years in assisting "the underdog" the poor and vulnerable in all
countries of the world, regardless of religious beliefs.  Mr.
Gibson's letter and other letters show their ignorance and
bigotry when they continue to bash both the Church and vulnerable
people struggling to survive in a strange land.  As Catholics we
and our leaders believe that nations have a right to sovereignty,
but not to maintain and defend unjust laws.  This nation has way
too many of those.  If you are so patriotic (maybe Christian),
why don't you all work for our true American ideals?
Carrie Flores


(d) Dear Editor:
Tim Houghtaling's letter (04/07/09 ID) tries to convince us that
being a police state, is the same as "good police work". His
letter refers to David Murray's letter on racial profiling
(04/06/09 ID) talking about the increasingly prevalent rousting
of anyone who is brown on  Amtrak or Greyhound. Everyone on the
bus is doing the same thing, traveling to another destination.
There is no "good police work" involved in demanding paperwork
from only those passengers who don't pass the WASP test. This is
racial profiling and singling people out because they are not
white is wrong. Many people who are not white and not criminals
are riding on buses and trains. They should not be singled out
because they are a different race. If you watch the news its
become a new revenue source for small towns in hard times to pull
over black families driving through Tehana TX, and threaten to
incarcerate them in the middle of no-where unless they sign over
cash and waive rights to due process.  Hmmm, good police work?
Or what about the professional ball player last week who was
harrassed at the entrance to the hospital because he rolled
through a red light? Good police work, or cowboy nonsense because
the man was black the cop believed he had to be a bad guy. Police
need to focus on what they are good at, detering street crime.
Immigration law is way beyond the understanding of the average
beat cop.
Sergi Sheplov
_________________________________________________________________
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