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Apr 7 - Inventors Hall Of Fame

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

April 7, 2009,0407.shtm

1.  Comment: Inventors Hall Of Fame
2.  Focus: US Tax Compliance For Immigrants And Employers: The
    Lawyer's Complete Guide
3.  Articles:
    (a) Signs Of Change In Immigration Enforcement Policies
    Emerging From DHS by Muzaffar Chishti and Claire Bergeron for
    the Migration Policy Institute
    (b) California Supreme Court Unanimously Supports The
    Broadest View Of State And Local Government Authority To
    Enforce Immigration Law by Michael Hethmon
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) DOS Cable On Website Changes
    (b) DHS Announces Mexican Repatriation Agreement
    (c) DHS Stops Sending All Asylum Applications To DOS
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Help Wanted: Immigration Professional
    (c) Immigration Law Certificate
    (d) Website Services
6.  Headlines:
    (a) Catholic Church Encourages Illegal Immigration After
    Losses From Molestation Scandal
    (b) State Officials Looking At Effects Of New Immigration
    (c) National Journal Reported That Mccain "Buck[Ed] His Party
    On Immigration," But Ignored His Reversal
    (d) Aunt's Case Indicative Of Immigration Non-Enforcement
7.  ComingsNGoings:
    (a) Immigration Event
8.  Letters From:
    (a) Honza Prchal, Esq.
    (b) David D. Murray, Esq.
    (c) Sid Lachter, Esq.
    (d) Tim Houghtaling
    (e) Anita Atieno,0407.shtm

Books On Immigration Law:
Immigration Law Seminars:

Inventors Hall Of Fame

The Cleveland Plain Dealer reports "When it celebrates the spirit
of invention next month, Akron's National Inventors Hall of Fame
will quietly acknowledge a little-known facet of American
innovation: Seven of the 16 people being honored as great
American inventors are immigrants." For the full story, see here.

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

US Tax Compliance For Immigrants And Employers: The Lawyer's
Complete Guide

ILW.COM is pleased to announce a new book on tax compliance for
immigrants and employers authored by noted authority Paula
Singer. The outline is as follows:
++International Aspects of Individual U.S. Tax Returns
++A Guide for Filing IRS Forms 1042 and 1042-S
++L-1 Intracompany Transferees on U.S. Assignment
++J-1 Nonstudent Exchange Visitors Performing U.S. Services
++U.S. Taxation of H-1B Specialty Workers
++U.S. Taxation of B-1 Business Visitors
++U.S. Taxation of Foreign Students
++Tax Treaty Benefits for Foreign Nationals Performing U.S.
++What You Need to Know About Exchange Visitors
For more info, including how to place a pre-publication order,
please see:
For info/ordering by fax, please see:

(a) Signs Of Change In Immigration Enforcement Policies Emerging
From DHS

Muzaffar Chishti and Claire Bergeron for the Migration Policy
Institute write "The new guidelines, which will be issued within
the next few months, are expected to direct state and local law
enforcement agencies participating in the program to primarily
target immigrants with criminal convictions rather than ordinary
immigration-status violators.",0407-chishti.shtm

(b) California Supreme Court Unanimously Supports The Broadest
View Of State And Local Government Authority To Enforce
Immigration Law

Michael Hethmon writes "With almost no notice from the media or
immigration bar, the California Supreme Court - the most
influential state high court in the nation on immigration law -
has issued an opinion that significantly expands the authority of
state and local governments to enforce federal immigration law
and of state courts to adjudicate violations of such laws.",0407-hethmon.shtm

(c) Bloggings On PERM Labor Certification

Joel Stewart writes "As most jobs exceed the limit of two to four
years of preparation time, the application for PERM will result
in an audit.",0407-stewart.shtm

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

(a) DOS Cable On Website Changes

The Department of State released an action cable announcing that
the (Destination USA) portal website was
decommissioned on March 16, 2009.,0407-cable.shtm

(b) DHS Announces Mexican Repatriation Agreement

DHS Secretary Janet Napolitano and Mexican Foreign Secretary
Patricia Espinosa announced following their meeting on Friday
that Mexico and the US have reached agreement on formalized
arrangements for the expedited and humane repatriation of Mexican

(c) DHS Stops Sending All Asylum Applications To DOS

DHS published notice in the Federal Register, effective April 6,
2009, providing that USCIS will no longer forward all affirmative
asylum applications to DOS. Instead, USCIS will send affirmative
asylum applications to DOS only when USCIS believes DOS may have
country conditions information relevant to the case.,0407-asylum.shtm

(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:

(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
refer to job listing #102583.

(c) Immigration Law Certificate
Master the complex and ever changing maze of immigration policies
and regulations with the Immigration Law Studies Certificate
Program offered by CUNY's School of Professional Studies. This
graduate-level certificate program, consisting of (3) three-
credit classes, offers students who complete it a comprehensive
understanding of the laws, regulations, and processes surrounding
the status of immigrants in the US, including family and
employment-based immigration and deportation defense. It is
designed for individuals working in law firms, companies,
government agencies and nonprofit organizations where they
interact with immigrants and immigrant legal concerns on a
regular basis and would therefore benefit from greater knowledge
of the laws and regulations surrounding immigration. Beginning
this spring, the program is also being offered online. For more
information on class schedules, tuition and fees, course
applications and to register, see here.

(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.
6.  Headlines

(a) Catholic Church Encourages Illegal Immigration After Losses
From Molestation Scandal

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.

(b) State Officials Looking At Effects Of New Immigration

Preparations are moving forward on upcoming implementation of new
Utah immigration statutes as state officials wait to see how
pending federal policy changes could affect enforcement efforts.

(c) National Journal Reported That Mccain "Buck[Ed] His Party On
Immigration," But Ignored His Reversal

As Media Matters for America has noted, during the campaign, news
outlets repeatedly touted McCain as a leader on immigration
reform without noting his reversal.

(d) Aunt's Case Indicative Of Immigration Non-Enforcement

An immigration reform activist says the recent decision by an
immigration judge to allow President Obama's aunt, who is in the
country illegally, to extend her stay in the U.S. is symptomatic
of the problem with immigration enforcement in America.

For links to the above stories see here:,0407.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
April 28, 2009, 2:00pm ET - ILW.COM is pleased to invite you to
attend a 30 minute Webinar presentation entitled "How To Survive
The Immigration Law Downturn" at no charge. Speakers include Greg
Siskind, Boris Palanov, and Sam Udani. Discussion topics include
how immigration law firms can effectively use technology to
increase efficiency, a detailed analysis of the state of the
immigration law field (by practice area and region), how web
conferencing can save you money, including a feature web
conferencing demo. The call will consist of 20 minutes of
presentation, followed by a Q&A. Immigration attorneys are
invited to register. Participation is limited and is first come,
first served. To register, see here.
This event is sponsored by Intercall, the world's largest audio,
web and video conferencing provider.

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

(a) Dear Editor:
I see much potential for those old-fashioned stories of
government dysfunction to ratchet on up in the coming months
(04/02/09 ID). (1) knowledgeable people complain that employees
are still getting raided in violation of a speech by Janet
Napolitano. Greg Siskind writes "Now it appears that some at ICE
are reveling in taking on the boss of the agency and, by
extension, the new President. (see 04/02/09 ID) (2) However,
there appears to be a solution for the plight of illegals rounded
up in said raids, see ICE Releases Workers Arrested In Washington
Raid(see 04/02/09 ID). Then there is a reminder of stepped up
employer enforcement coming. Kafka-land, here we come. Can an
employer hire these people if illegal aliens are allowed to work
after detention without civil liability? Can I bring a suit from
legally present job applicants who had been rejected?
Honza Prchal, Esq.

(b) Dear Editor:
I'm weary of the of hearing the same old tired tune sung by
Rogelio Quesada's letter (04-06/09 ID), the lyrics proclaiming
that H-1B's " ... are basically obligated to stay on the job then
work for less  money than U.S. citizens." That is simply not true
for the most part. Of course there are always a few scofflaws who
feel no qualms about cheating, lying on applications, and some
even hiring illegal aliens they know or should know to be
illegal. The H-1B regulations require an employer to pay the
prevailing wage, as determined by the US Department of Labor, for
the H-1B job in the geographical area where it is to be
performed. The government has audit powers and both the State
Department and USCIS insure the regulations are followed. If an
H-1B changes status in the US and then, say a year or so later,
goes home to India to visit parents, he must apply for an H-1B
visa stamp, where the Visa Officer asks for payroll records and
tax returns. If the H-1B does not leave after COS, or does
initial consular processing for the H-1B, at time of the
extension of the H-1B petition, USCIS  will ask for payroll
records and tax returns. It is sad that those with little
knowledge about the immigration system feel no shame in parroting
that which they have heard from anti-immigrationists. As to Mr.
Quesada's letter's reference to "Old Bill Gates" - "Old Bill" did
not become a billionaire by being stupid. I will venture to guess
Microsoft pays prevailing wage and has their I-9's in order -
they can't afford not to - lest they end up like Wal-Mart, with a
consent decree against them and little hoops they will need to
jump through for years to come.
David D. Murray, Esq.                 Newport Beach, CA

(c) Dear Editor:
An April 6 letter repeated the anti-H-1B visa myth that "once
foreign workers are hired they are basically obligated to stay on
the job then work for less money than U.S. citizens."  Wrong.
Getting a new visa for an H-1B employee who wants to change jobs
is usually just a formality, and an H-1B employee cannot legally
be paid less than the prevailing wage for his or her type of job
in his or her geographic area.  In fact, my experience in more
than twenty-five years of H-1B work is that H-1B employees are
typically paid much more than the prevailing wage.  Of course,
H-1B opponents will not let reality interfere with what they want
to believe.
Sid Lachter, Esq.

(d) Dear Editor:
Hurray to David D. Murray, Esq.'s letters. His letters provide a
sane voice in the sea of blabbering fools when it comes to the
issue of "racial profiling". At last some legal type to mention
that the concept of "probable cause" frequently begins with the
smallest observation followed by several or many more until
answering the question: "Is this person doing what a normal  law
abiding individual would be doing in this location at this time
of day/night?" A seasoned law enforcement officer can and does
observe, access, and sort out the wheat from the chafe.  She/ He
does this rapidly and without need of some written record
depending on if the person observed is up to no good or not. What
is profiled is the look and actions of individuals afraid of
authority because they are doing wrong.  It is all part of a big
puzzle that cannot be observed until the last piece is in place.
That's called police work. I vividly recall years ago when a
black New Orleans Officer observed what appeared to be a white
male in a black neighborhood late at night. It was good police
work to ask the question "Is there something amiss here?".   That
light skinned african american had just killed a Detroit police
officer in a huge shootout.  Thanks to the good police work of
that inquisitive officer the lives of others were spared.  Racial
profiling?  No, simply good police work.  Accept the fact there
is a difference. Fools at their own jeopardy seek to hamstring
good police work. Some dark night they may need help from an
officer all to victimized by onslaught of criticism to promptly
provide that life saving effort.
Tim Houghtaling

(e) Dear Editor:
I read Ms. Swanson's letter (04/06/09 ID), and it made me feel
good that there is someone out there who can stand up to these
low self esteemed men who abuse women. Thanks to Ms. Swanson's
letter for responding to Jtanyu's letter (03/30/09 ID). Someone
needs to remind people that before any arrest is made there has
to be investigation and if there is physical evidence thats it.
Anita Atieno
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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