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Mar 23 - H1B Quota Forecast

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

March 23, 2009,0323.shtm

1.  Comment: HIB Quota Forecast
2.  Focus: Business Immigration Law
3.  Articles:
    (a) An Illegal Immigrant's Tale - From Rags To Stardom by
    Alan Lee, Esq.
    (b) Bloggings on Dysfunctional Government by Angelo A.
    (c) Immigrants Of The Day: Anh "Joseph" Quang Cao of Vietnam,
    Anthony Ofodile of Nigeria, Edgar and Brigitte Bodenehimer of
    Germany by Kevin R. Johnson
4.  News:
    (a) USCIS Announces New H1B Hiring Requirements
    (b) USCIS Will Accept H1B Petitions Beginning April 1, 2009
    (c) EOIR Issues Disciplinary Fact Sheet
5.  Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Translation Services
    (c) Immigration Law Certificate
6.  Headlines:
    (a) Miss Oregon's Dad Accused Of Visa Fraud
    (b) What Does Comprehensive Immigration Reform Mean?
    (c) Churches Study Their Role In The Immigration Debate
    (d) Sen. Grassley: H-1B Friend Or Foe?
7.  ComingsNGoings:
    (a) Share Your Professional News
8.  Letters From:,0323.shtm

Books On Immigration Law:
Immigration Law Seminars:

HIB Quota Forecast

The economic downturn has hit immigration lawyers across the
country badly. One of the indications of the depressed conditions
for immigration attorneys is the state of this year's H-1B quota.
We discuss our quota forecast below and then make general
observations about the immigration law business today.

First, lets take a look at the H-1B market, for new
beneficiaries. There is no question that the quantity of
applications for this year's quota is significantly down. Lets
look at the worst hit categories. Not surprisingly, the financial
sector is very hard hit, reflecting its general malaise.
Furthermore, Congress's action making many in this sector subject
to dependency rules came too late in the season for recruiting in
an uncertain market. Also down are many of the larger
corporations again consistent with general economic conditions.
Surprisingly, many of the smaller H-1B dependent companies are
also significantly down. The downturn in all the above categories
is likely in the 50%-80% range. However, the larger H-1B
dependents, who are the largest users of the H-1B program, appear
to be down less, perhaps in the neighborhood of 30%.
Proportionately, this year will see greater usage by smaller
companies (translation: more RFEs per I-129). A big chunk of
filings will be "legacy Fs and Ls", folks who lost the lottery in
the past, and will now get H-1B status. Based on our informal
survey, it appears to us that, despite the last minute rush
currently under way, the quota will not be reached in the initial
days of April. Instead, the Bachelor's quota will likely be
reached in mid-April, and the Master's quota not before late-
April. In other words, for the first quarter, H-1B quota-related
business is down in the neighborhood of 60% - a terrible number
for any industry. However, April performance will make up
somewhat for this since the H-1B season will be longer this year,
and the final H-1B business for the bar can be exactly forecast -
simply divide 65,000 (plus 20,000 less Chile and Spore) by last
year's applications (approximately 126,000 plus 24,000) - i.e.
down by about 45%. Add to this the fact that the longer season
will be kinder on everyone who works at an immigration law firm,
as everyone will have fewer sleepless nights spent preparing for
last minute filings.

Warren Buffet, the noted investment guru, recently said that the
US economy had "fallen off a cliff" in early February. This is
certainly true for the immigration bar. Business immigration is
down overall in the 30% range, family immigration in the 10%
range. However, Removal business continues to rise sharply, say
around 30% (all numbers in this para are current trends,
annualized). The immigration field as a whole is shrinking in the
15% range currently, the sharpest contraction ever. It is
entirely possible that the dim economic conditions may continue
for many more months, until CIR, or economic recovery, whichever
comes earlier. CIR, when it comes, is likely to change the
fundamental shape of the immigration law field, perhaps ending
the domination of corporate immigration dollars. We will have
much more on this matter in future issues of Immigration Daily,
stay tuned.

Why has this gloomy state come about? The reason is political and
cultural, not legal. Immigration is viewed as primarily an
enforcement area (witness former ICE chief Julie Myers, who has
gone into the compliance business)
and the Executive Branch views immigrants literally as animals
(see the demeaning code words the Department of State uses for
immigrants, one of them is "donkey").
Recent statements by President Obama, Rep. Pelosi and Sen. Reid
extolling immigration and decrying the view that immigration is
primarily about enforcement could not have come at a better time.
CIR cannot come fast enough.

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

Business Immigration Law

ILW.COM is pleased to announce that "Business Immigration Law:
Strategies For Employing Foreign Nationals" edited and co-
authored by: Rodney A. Malpert and Amanda Petersen and its
companion book "Business Immigration Law: Forms and Filings"
published by Law Journal Press are now available for purchase on
ILW.COM. Contributors to the book include Tarik H. Sultan, Roger
C. Wolf, Rebecca S. Whitehouse, George N. Lester, IV, Richard A.
Gump, Jr., Leslie K. L. Thiele, Ellen G. Yost, Nancy H. Morowitz,
Vicki L. Martin-Odette. For more info, including how to order,
see here.
For the fax order form, see here.

(a) An Illegal Immigrant's Tale - From Rags To Stardom

Alan Lee, Esq. writes " ... I had occasion to again think that
America should embrace and be tolerant of its illegal immigrants,
because you never know from where genius will spring.",0323-lee.shtm

(b) Bloggings on Dysfunctional Government

Angelo A. Paparelli writes "Deflecting multiple requests for
important immigration documents by insisting on the submission of
FOIA requests, USCIS stonewalls the public.",0323-paparelli.shtm

(c) Immigrants Of The Day: Anh "Joseph" Quang Cao of Vietnam,
Anthony Ofodile of Nigeria, Edgar and Brigitte Bodenehimer of

Kevin R. Johnson features Brooklyn civil rights lawyer Anthony
Ofodile, who grew up in a small village in eastern Nigeria with
eight siblings and no running water.,0323-johnson.shtm

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

(a) USCIS Announces New H1B Hiring Requirements

USCIS announced additional requirements for employers, who
receive funds through the Troubled Asset Relief Program or under
section 13 of the Federal Reserve Act (covered funding), before
they may hire a foreign national to work in the H-1B specialty
occupation category.,0323-H1B.pdf

(b) USCIS Will Accept H1B Petitions Beginning April 1, 2009

Cases will be considered accepted on the date that USCIS takes
possession of the petition; not the date that the petition is

(c) EOIR Issues Disciplinary Fact Sheet

The Executive Office for Immigration Review issued a fact sheet
including information on the complaint process and a list of EOIR
grounds for discplining.,0323-disciplinary.pdf

(a) Help Wanted: Immigration Attorneys
Owings Mill, MD - The Murthy Law Firm seeks attorneys with 3+
years business immigration law experience. Our practice is
dynamic and fast-paced. We have high standards with regard to
integrity, work ethic, and quality. Successful candidates will
have ability to work both as members of team and team leaders.
They will join dozen high-caliber colleagues and have quality
support in the way of legal and administrative staff, as well as
technology. They will bring in-depth understanding and knowledge
of the breadth of immigration procedures, and are expected to
supervise paralegals/support staff. Good writing and analytical
skills required. Visit
to learn unique benefits of working at  Murthy Law Firm. Send
resume + cover letter to All communication
will be treated in confidence. Salary and benefits commensurate
with experience and ability. EEO.

(b) 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.

(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.
6.  Headlines

(a) Miss Oregon's Dad Accused Of Visa Fraud

A cloud of federal visa fraud suspicions continues to hang over
the father of the reigning Miss Oregon.

(b) What Does Comprehensive Immigration Reform Mean?

Look, you broke the law," President Barack O'bama suggests
immigration enforcement officials explain to illegal immigrants.
Since, "we need control of our borders," the undocumented aliens
will have to go back, the president told a group in Southern
California a few days ago.

(c) Churches Study Their Role In The Immigration Debate

The project, which is designed to equip congregations to respond
to immigration issues affecting their members and communities, is
being carried out in six areas.

(d) Sen. Grassley: H-1B Friend Or Foe?

Sen. Charles Grassley of Iowa is one of the most vocal opponents
of the H-1B visa program in the country, and is a hero to many in
the anti-H-1B crowd.

For links to the above stories see here:,0323.shtm#Headlines
7.  ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: To announce your event,
see here

(a) Share Your Professional News
Send your professional announcement to:
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300-words). Past correspondence is available in our archives

None today.
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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