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Feb 10 - Immigration Downturn

Rating: 13 votes, 5.00 average.

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


February 10, 2009


Items:
1.  Comment: Immigration Downturn
2.  Focus: Deadline For H-1B For Experts Is Tuesday, Feb 10th
3.  Articles:
    (a) Impact Of Satyam Scandal On H-1B Employees by Danielle
    Rizzo
    (b) Terminology To Define The Terrorists: Recommendations
    From American Muslims by DHS's Office for Civil Rights and
    Civil Liberties
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) USCIS Responds To CIS Ombudsmans's Recommendations On
    USCIS EAD Processing Delays
5.  Classifieds:
    (a) Help Wanted: Immigration Attorney
    (b) Help Wanted: Immigration Attorney
    (c) Case Management Technology
6.  Headlines:
    (a) Bill Targets Immigrants With Fake IDs
    (b) Obama Brings Change of Course On Immigration, Top Aide
    Says
    (c) UCLA Student And Illegal Immigration
    (d) Immigration Debate Surfaces In Stimulus Bill
7.  ComingsNGoings:
    (a) New Offices - Alpharetta, GA and Jacksonville, FL
8.  Letters From:
    (a) Norine F. Krasnogor, Esq.
    (b) David D. Murray, Esq.
    (c) RLM
    (d) Rogelio Quesada


http://www.ilw.com/immigdaily/digest/2009,0210.shtm


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_________________________________________________________________
1.  COMMENT


Immigration Downturn


The downturn in the economy leaves many immigration attorneys
wondering how much of the suffering seen in their own practices
is prevalent across the industry. Immigration Daily estimates
that the overall field is down 8% in 2008, with another 8%
decline anticipated for 2009. Business immigration has been hit
the hardest with a 15% reduction in business for 2008 and about
another 15% anticipated for 2009. On the bright side, compliance,
including employer sanctions has been booming and is an area that
will likely continue to grow at over 100% growth (as evidenced
for example by DHS Secretary Napolitano who has stated that
employer enforcement will increase). Removal work is another area
that has been growing, however, this area is expected to slow
down later in the year. Even AILA, the bar's organization is not
immune to the economy's woes, forcing AILA to suspend publication
of Immigration Law Today (formerly AILA Monthly Mailing).
Unfortunately, the passing of any stimulus bill will likely not
provide relief in immigration benefits. In fact, the Senate
passed an amendment restricting H-1Bs and we expect that another
bill being drafted now will propose for the first time
instituting a labor certification process for H-1Bs. The silver
lining to this dark cloud is the prospect of CIR and/or other
immigration benefits relief. The ball is squarely in the House's
and Senate's courts respectively. Immigration Daily will continue
to keep you abreast of news in the field. Stay tuned.


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


Deadline For H-1B For Experts Is Tuesday, Feb 10th


Tuesday, Feb 10th is the deadline for the Feb 11th phone session
of "H-1B For Experts" with discussion leader Karen Weinstock. The
curriculum is as follows:


++Analyzing Labor Condition Application in detail 
++Confirming that the H-1B employer meets the LCA attestations (single
employer, required wage, benefits, public access file, posting,
no-benching, recruitment and non-displacement)  
++Actual vs. prevailing wage analysis 
++Prevailing wage issues: can anything be done when the company
cannot pay the required wage? 
++What about deducting attorney fees from the required wage?
++Dependency issues that affect the dependent and non-dependent
employer 
++What is a Public Access File and what documents are
included in it? 
++What additions in Public Access File are required for dependent
employer?
++How to define exempt H-1B workers?
++Roving employees: definition of place of employment/worksite;
30/60 day rule; recordkeeping and posting issues
++Documentary requirements in case of an audit.
++When does the company's requirement to pay end?
++Liquidated damages vs. penalty issues
++A current review of enforcement issues and DOL assessment of
back wages and other penalties.


The deadline to sign up is Tuesday, Feb 10th. For more info,
including speaker bios, detailed curriculum, and registration
information, please see:
http://www.ilw.com/seminars/200901.shtm. Fax version:
http://www.ilw.com/seminars/200901.pdf.
 _________________________________________________________________
3.  ARTICLES


(a) Impact Of Satyam Scandal On H-1B Employees


Danielle Rizzo writes "The unfolding scandal surrounding Satyam
founder, B. Ramalinga Raju, has far-reaching consequences for the
IT industry in India and the United States, not least for H-1B
workers employed by the company."
http://www.ilw.com/articles/2009,0210-rizzo.shtm
http://www.usvisahelp.com/home


(b) Terminology To Define The Terrorists: Recommendations From
American Muslims


DHS's Office for Civil Rights and Civil Liberties writes "This
memorandum outlines recommendations from a wide variety of
American Muslim leaders regarding the difficult terrain of
terminology."
http://www.ilw.com/articles/2009,0210-uscis.pdf
http://www.dhs.gov/xabout/structure/editorial_0371.shtm


(c) Bloggings On PERM Labor Certification


Joel Stewart writes "One mistake made by many employers and their
representatives is that they copy job descriptions for PERM cases
directly from the O*Net."
http://www.ilw.com/articles/2009,0210-stewart.shtm
http://blogs.ilw.com/joelstewart


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


(a) USCIS Responds To CIS Ombudsmans's Recommendations On USCIS
EAD Processing Delays


USCIS Acting Director Michael Aytes responded to CIS Ombudsman's
recommendations on USCIS processing delays for EADS.
http://www.ilw.com/immigdaily/news/2009,0210-ombudsman.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Attorney
Beverly Hills, CA - Busy immigration law firm has immediate
opening for experienced, hard-working and creative self-starter.
Candidate must be able to thrive in challenging, trial-oriented
environment where deadlines are critical, must be active bar
member (any jurisdiction), and have experience in handling
nonimmigrant business and/or NIV visas and consular practice,
PERM, family, removal proceedings, as well as BIA and Circuit
Court Appeals, and federal litigation. Must have following:
demonstrate quick analytical ability and facility to articulate
critical issues in case; have superior oral and writing skills,
strong research and interpersonal skills, and good judgment;
possess excellent courtroom skills and exhibit ability to work in
professional manner with others, demonstrate computer literacy
skills. Expected to do own legal research and writing and to be
substantially self-sufficient in preparing day-to-day
correspondence/pleadings. Occasional travel required; bilingual a
plus, but not essential (spanish or korean) No relocation
reimbursement. Send cover letter, resume, + writing sample (max.
10 pps. in MS Word or Adobe PDF format) to
mailto:sirennesanchez@asherson.net.


(b) Help Wanted: Immigration Attorney
Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
experienced attorney for Associate Regional Counsel position,
USCIS OCC, Western Region. Responsibilities include, but not
limited to, serving as attorney providing on-site legal advice to
local District Office USCIS personnel on issues involving
immigration related adjudications, inadmissibility and
deportability grounds, and national security. Applicants must
possess JD degree, be active bar member (any jurisdiction), and
have 2+ years of post-JD experience in immigration law. For more
info, key in Job Announcement Number: COU-CIS-2009-0002 at
http://www.usajobs.com
Preference is given to applicants with immigration law
experience, a background in federal litigation, an excellent
academic record, and strong writing skills. Submit a resume,
cover letter + writing sample (max. 10 pps.) to: Kelli J.
Duehning, Western Regional Counsel, USCIS Office of the Chief
Counsel at mailto:Kelli.Duehning@dhs.gov. Must be received by
close of business, Tuesday, February 10, 2009. Position is at the
GS-13/14/15 levels and is open until filled. No relocation
reimbursement available.


(c) 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.
_________________________________________________________________
6.  Headlines


(a) Bill Targets Immigrants With Fake IDs


With Mississippi being the site of the nation's largest workplace
raid on undocumented workers, lawmakers are trying to crack down
on illegal immigrants who obtain false identification for
employment.


(b) Obama Brings Change of Course On Immigration, Top Aide Says


According to Emanuel, the former Democratic whip in the U.S.
House of Representatives, the inclusion of benefits for
immigrants' kids in the face of opposition from some Republicans
indicates that in the debate over immigration, "the arrow has
begun to point in a different direction."


(c) UCLA Student And Illegal Immigration


In this case, nearly 300 readers commented on the Feb. 2 story of
18-year-old Karina De La Cruz, who was born in Mexico, lives in
San Pedro and is the first in her family to go to college.


(d) Immigration Debate Surfaces In Stimulus Bill


Groups opposed to illegal immigration are mobilizing to ensure
that the massive economic stimulus package under consideration in
Congress contains provisions to protect American workers.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0210.shtm#Headlines
s_________________________________________________________________
7.  ComingsNGoings


Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.


(a) New Offices - Alpharetta, GA and Jacksonville, FL
Benjamin Lowe is proud to announce the opening of his new full-
service immigration practice, with offices in metro Atlanta,
Georgia, and Jacksonville, Florida.  In Georgia: 4555 Mansell
Road, Suite 300, Alpharetta, Georgia 30022. Ph: (770) 587-9770.
In Florida: 9250 Baymeadows Road, Suite 440, Jacksonville,
Florida 32256. Ph: (904) 365-7421. Fax: 770-272-2269. For more
information, visit the website at http://www.immigratenow.us.
_________________________________________________________________
8.  LETTERS


Readers are welcome to share their comments, email:
mailto:editor@ilw.com  (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm


(a) Dear Editor:
How can we, immigration advocates and AILA members, make a
difference in the halls of Congress? There is a simple and
effective tool (which I have used to great effect in other
advocacy contexts.) That is, at each AILA chapter meeting,
seminar and regional and annual conference, to set aside five (5)
minutes for all in attendance to simultaneously use their cell
phone to call their House Representative and/or Senator for
immigration advocacy on a pending bill. It would create an
amazing sense of empowerment, collegiality, serve as a catalyst
for additional efforts, familiarize the membership with the
relevant legislation, and, hopefully, add greatly to the numbers
of pro-immigrant "votes" cast. This could also be applied to
meetings of every pro-immigrant organization. It would be simple,
inexpensive and effective.
Norine F. Krasnogor, Esq.


(b) Dear Editor:
I'm afraid Maura Freeman's letter's arguments (02/07/09 ID)
continue in the tradition of opinion based on emotion, rather
than on fact and an understanding of migration theories,
immigration law and the concept that a country has the right and
the ability to pass laws deemed in the best interest of the
country. Contrary to the letter's assertions, the US has no duty
to show "respect" for persons who violate its laws. In fact, it
has the right to punish them. Anchor babies can provide no
immigration benefit to their parents until they are 21. Even
then, they cannot provide permanent residence rights to parents
who entered the US without inspection - see INA 245(a). It
appears that either the letter writer does not understand this,
or simply wishes the law were otherwise. While US citizen anchor
babies have the lawful right to remain in the US, its parents do
not - no more than I have the right to enter Mexico without
proper immigration and demand to live and work there - I would be
jailed. Ms. Freeman's letter states, "Just because a law is on
the books does not make it fair, just or constitutional." While
this is true, until overturned by legislation or Supreme Court
decision, it is still the law and must be respected. Roger
Algase's recent letters have attempted to point this out. Rampant
disrespect and violation of law is anarchy. Twelve million
illegals, out of a nation of 303,824,640 (July 2008 Census Bureau
estimate), qualifies as borderline anarchy (no pun intended).
Immigration laws are not unconstitutional and fairness and
justice are in the eye of the beholder. The law does not "feed
anchor babies to the lions," but neither does it allow illegal
entrants to get a foothold in the US based on a dirty diaper.
David D. Murray, Esq. Newport Beach, CA


(c) Dear Editor:
I am pleased to tell ID that I am a beautiful Brazilian, very
well qualified, very well-balanced psichologically, and very
happy that I do not have to go back again to this terrible
country that US had became. Because I do have a job on my
national country that pays me much better ( and it is far away
form illegal activities), and that treats me like a great human
being and that uses my qualifications as it deserves. ID. Who
thinks is much superior, ID stinks. I do not want your kind to
come to my homecountry.  I hope your children have to go through
our Amazon River to get to enter into Brazil. Among piranhas and
anacondas and salvages. And I hope ID get robbed by the poors,
because in US I was robbed by the Government. Your descendents
are expected to face much more discrimination than you ever
dreamed against your enemies allies . And this hope will not fade
away among our christianity, because our Christian path is only
for the poors. I do not hate Americans. But I do hate your fully
ignorance. Since, my people has the reason to be violent, but you
had an opportunity to get educated (and spoiled it all).
RLM


(d) Dear Editor:
I attended the Obama Inauguration on January 20th.  This memoral
event represents a change in our country's desire for immigration
reform.  I look forward to attending Lobby Day in March so that
those less fortunate may be able to immigrate to this country.  I
also hope that this administration stops the random arrests of
Latino's in this country.
Rogelio Quesada   San Diego, CA
_________________________________________________________________
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