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Feb 3 - No Enforcement Without Benefits

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


February 3, 2009


Items:
1.  Comment: No Enforcement Without Benefits
2.  Focus: The H-1B Book Shipping Now
3.  Articles:
    (a) Back To School: Immigration Issues for Students and
    Universities by Alice Yardum-Hunter, et al.
    (b) The 1965 Immigration Reforms And The New York Times:
    Context, Coverage, And Long-Term Consequences by William
    McGowan for the Center for Immigration Studies
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) USCIS Delays Rule Changing Employment Eligibility
    Verification Document List
    (b) DHS Secretary Napolitano Issues Immigration And Border
    Security Directive
5.  Classifieds:
    (a) Help Wanted: Immigration Attorney
    (b) J-1 Visa Program
    (c) Credential Evaluation And Translation
6.  Headlines:
    (a) Immigration is Losing Urgency as Top Issue
    (b) Priorities Of Immigration Advocates Are Out Of Step
    (c) Gillibrand Meets With City Lawmakers On Immigration
    (d) RNC Chairman Michael Steele on 'FOX News Sunday'
7.  ComingsNGoings:
    (a) New Appointment - DHS Principal Deputy General Counsel
8.  Letters From:
    (a) Gladys C. Farris
    (b) Josephine Padama
    (c) Jim Roberts
    (d) Sergi Sheplov
    (e) Soloman S. Keita
    (f) Zeya


http://www.ilw.com/immigdaily/digest/2009,0203.shtm


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_________________________________________________________________
1.  COMMENT


No Enforcement Without Benefits


Congressional authorization for E-Verify expires on March 6th (as
it does for Religious worker visas and the EB-5 program), and
this has the anti-immigrationists worked up in a frenzy. In the
dying days of the last Congress, the House agreed to a 5-year
reauthorization of E-Verify. The Senate agreed to go along with
the proviso that half a million visas be "recaptured" giving
relief to legal immigrants waiting patiently in line for years,
and in some cases decades, for their turn. These visas had been
undercounted due to errors by the INS/USCIS, so there is no
increase in immigration involved. Sen. Menendez was responsible
for insisting on some benefits in exchange for the anti-
immigrationists' top enforcement priority. Due to the resulting
impasse between the two chambers, the matter was deferred to
March 6th.


Despite the overwhelming voice of the people in November, not
much appears to have changed in the House of Representatives. Two
Republicans on the House Appropriations Committee proposed
attaching E-Verify to the gigantic catch-all economic stimulus
bill currently the country's top priority, and the Democrats on
that committee meekly agreed to do so without any dissent (so
much for any show of support by the Democrats toward immigrants).
A senior member of the Democratic leadership in the House is
quoted as saying
http://www.ojornal.com/site/news.cfm?newsid=20252769&BRD=2677&PAG=461&dept_i
that "I think that they can make this one die in the Senate". We
can expect that the anti-immigrationists will flood the Senate
with thousands of calls and faxes on E-Verify during this week to
deny legal immigrants any relief from lengthy separations from
their families in the US. All this for a program that has been
repeatedly criticized as denying jobs to USCs and LPRs due to
database errors and which will delay Economic Stimulus relief
from getting to the hands of those who need it (since the House
bill conditions relief only to those employers enrolled in E-
Verify). As Arizona learnt the hard way, most employers are in no
hurry to enroll in E-Verify, the anti-immigrationists are asking
Congress to sacrifice any chance of economic recovery in order to
aid the antis in their racist goals of impeding legal
immigration.


We urge the United States Senate and Sen. Menendez in particular
to insist that any reauthorization of E-Verify include some
benefits, at a minimum the recapture provision, plus hopefully
some more benefits such as the nurse relief provisions which have
been pending for a long time. There is no point in enforcing
immigration law if there are no immigration benefits that law-
abiding immigrants and employers can avail themselves of, such
enforcement is racism in another guise. We urge our readers to
contact the US Senate (and the media) to reject the racists'
vision of America and to embrace instead a view of America
consistent with the best in our history - America as a nation of
immigrants.


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


The H-1B Book Shipping Now


THE H-1B BOOK 2008-2009 Edition, Editor Karen Weinstock, is
shipping now. The Table of Contents is as follows:


++Chapter One:   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


++Chapter Two: 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


++Chapter Three: 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


++Chapter Four: 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


++Chapter Five: 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)


++Chapter Six: 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)


++Chapter Seven: Send All The Forms And Petition Letter To The
Clien
t 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


Chapter Eight: 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


++Chapter Nine: 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


++Chapter Ten: 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


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) Back To School: Immigration Issues for Students and
Universities


Alice Yardum-Hunter, et al. share the citations for this recently
concluded seminar series.
http://www.ilw.com/articles/2009,0203-citations.shtm
http://www.ilw.com/seminars/julyb2008.shtm


(b) The 1965 Immigration Reforms And The New York Times: Context,
Coverage, And Long-Term Consequences


William McGowan for the Center for Immigration Studies writes
"Accusations of liberal bias at The New York Times date back
decades, and given the tide of PC coursing so strongly through
its pages on a daily basis now, it's tempting to think that bias
has always been part of its institutional DNA."
http://www.ilw.com/articles/2009,0203-mcgowan.shtm
http://www.cis.org/


(c) Bloggings On PERM Labor Certification


Joel Stewart writes "The DOL has announced training sessions on
the new 9089 form for PERM applications."
http://www.ilw.com/articles/2009,0203-stewart.shtm
http://blogs.ilw.com/joelstewart


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


(a) USCIS Delays Rule Changing Employment Eligibility
Verification Document List


USCIS announced it has delayed by 60 days, until April 3, 2009,
the implementation of an interim final rule entitled Documents
Acceptable for Employment Eligibility Verification published in
the Federal Register on Dec. 17, 2008.
http://www.ilw.com/immigdaily/news/2009,0203-EVerify.pdf


(b) DHS Secretary Napolitano Issues Immigration And Border
Security Directive


DHS Secretary Napolitano issued an action directive on
immigration and border security.
http://www.ilw.com/immigdaily/news/2009,0203-immigration.shtm
_________________________________________________________________
5.  CLASSIFIEDS


(a) 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.


(b) J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with
AIESEC United States. For 50 years, AIESEC U.S.
http://www.aiesecus.org
has offered foreign nationals the opportunity to grow both
personally and professionally by sponsoring exchange visitor
traineeships. Enjoy unparalleled customer service, including in-
depth guidance on J-1 Trainee visa regulations and the changes
effective July 2007. We also offer logistical and cultural
reception services in locations nationwide. Expect a 24-48 hr.
application processing time. The J-1 Trainee visa can be used for
individuals to participate in training programs in the following
fields: information media and communications, education, social
sciences, library science, counseling and social services,
management, business, commerce and finance, the sciences,
engineering, architecture, mathematics and industrial
occupations, public administration, and law. Attorneys interested
in learning more about AIESEC United States and the J-1 Trainee
visa, please email Melany Hamner: mailto:melanyh@aiesecus.org.


(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.
_________________________________________________________________
6.  Headlines


(a) Immigration is Losing Urgency as Top Issue


The punches keep coming from both sides, but the slugfest over
immigration may be losing some of its urgency.


(b) Priorities Of Immigration Advocates Are Out Of Step


Despite a Latino coalition's pitch to Obama, amnesty and higher
levels of immigration are not the top concerns of Latino voters.


(c) Gillibrand Meets With City Lawmakers On Immigration


Seeking to mollify Hispanic lawmakers wary of her stance on
immigration, Sen. Kirsten Gillibrand yesterday told a group of 16
New York City politicians that she will use the group as a
sounding board to help form her immigration policy, Assemb. Peter
Rivera said.


(d) RNC Chairman Michael Steele on 'FOX News Sunday'


I think the GOP's position on immigration is very much the
position of many, many Hispanics who are in this country.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0203.shtm#Headlines
_________________________________________________________________
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 Appointment - DHS Principal Deputy General Counsel
Secretary Janet Napolitano announced the appointment of David A.
Martin to the Principal Deputy General Counsel position. David A.
Martin was a former member of President Obama's DHS agency review
and transition team, Warner-Booker Distinguished Professor of
International Law at the University of Virginia School of Law,
and former General Counsel for the Immigration and Naturalization
Service, U.S. Department of Justice.
_________________________________________________________________
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:
Judd Gregg is a visionary and knows that to help this country
legally and economic Immigration bills must be activated in
Congress and Senate (02/03/09 ID comment). I can understand
President Obama wanted Judd Gregg in his Cabinet because our
population in general are not so knowledgeable how the US has
gotten in what we now stand economical and how much the
immigrants can help us out.
Gladys C. Farris


(b) Dear Editor:
Please inform all advocates of immigration reform to drumbeat
this strong point in favor of the recipients of CIR:   they can
help the economy going when they become legal by providing cash
to the government in the form of  fees and charges for their
appications, fines,back and current taxes. There will also be a
huge amount of money to be spent in the purchase of vehicles,
fees and charges with the DMV, insurance etc.  When they will be
legal they will be able to purchase life and health insurance...
get credit cards for retail purchases ...buy homes.. and go to
school... these  these recipients for CIR  can do so much for our
economy  if  given the chance .. and right now is the right time
for them to help the country that has been helping them.
Josephine Padama


(c) Dear Editor:
If there is any "twisted logic", it is found in the letter of R.
Algase (2/2/09 ID).  A "purely historical argument" is not moot
or precluded because of antiquity as human behavior does not
change.  The letter's bias against valid gun ownership by
citizens is as evident as that against placing reasonable
interpretations on the 14th Amd. to avoid the crass cheapening of
citizenship, particularly by illegals. To equate the 2nd Amd.
right to bear arms in the liberty of protecting self to the:
''liberty to be killed in a gun fight between rival gangs in a
modern American city" is a gross abuse of logic, un-American and
blatant anti-gun propaganda.  If the 2nd Amd. can be
regulated/interpreted for purposes of societal concerns, so can
the 14th which can be just as destructive to US.  The letter may
have ended comments on BO's birth question, but the public has
not with dozens of lawsuits seeking the truth on this critical
matter despite the obstruction of the media, the courts and BO
himself who refuses to provide an original birth certificate to
address this despite his promises of an open administration while
Obamatrons obliviously drink the KoolAid and celebrate America's
first illegal alien  "president" precedent.  Either the quotation
marks or what's between them needs to be removed to elevate the
small "p" to a respectful large one.  True Americans will not
tolerate a disrespect or abuse of our Constitution as do special
interests, power-mongers and Globalists.
Jim Roberts


(d) Dear Editor:
Murray's letter (02/01/09 ID) is right, this discussion on birth
right citizenship has run its course. I am ready for a discussion
of how to fix this broken immigration system as suggested.
Recently I have seen several novel and interesting ideas
articulated in much more detail than the CIR advocates. The
Canadian based points system as suggested doesn't really "fix"
our convoluted system and all the problems that have piled up
because of bad law on the books in the past. It might get us alot
of cab drivers with Masters Degree's but education doesn't
necessarily equal "life skills" or "successful" it often means
just the opposite, someone who stayed in school to avoid getting
a job or starting life. The points system also smacks of the cast
system. I personally don't believe as many have expressed in this
venue that some people have more "value" to us than others. The
discussion of putting an end to some categories of family based
Immigration because people are caring for elderly relatives seems
a bit harsh. I do agree there has to be balance in the system
because some countries and families have laid the ground work for
endless generations of immigrants and are marrying cousins
because its the social norm. The "parents" problem could be fixed
by charging a fairly large fee much like a bond for US Citizens
who want to bring parents here. How about putting an end to or
significant fee on "online or arranged" marriages? Thats a start
on ideas.
Sergi Sheplov


(e) Dear Editor:
I would like to said that we taking care for this great country
anyone of as we are responsable for U S A i am very glad you to
write me i saided that we together we will get result many
situations but i am worry about attack from enemies  comming in
the fell i dont know the day or the month exatly every good
autorities mush be carefull i need you to inform me all the times
now i am in lima peru i wish to go home in the fell days comming
with the new mix goverment we will be the best.
Soloman S. Keita


(f) Dear Editor:
What is one to do while stuck in Admin Processing que that is
seemingly without end. Some cases are more than two years old and
a few are 4 years old. One could continue to wait around for a
longer period without unpredicted time frame?  What could be done
to avoid the uncertainty & sloth movement of Admin processing
cases? It looks that Visa issuing authority of US Embassy is
helpless to provide any solution to those who have been long
suffering in Admin processing cases. A time frame must be
establish to complete the Admin processing and old cases must be
put on fast track to minimize the time loss for the sufferers.
Asian countries immigrant cases are badly effected  with this
Admin Processing after a visa interview.  Allotment of
immigration visa takes  10 -15 years  time frame after filing  a
case. After a  visa interview it takes another 2-5 years  waiting
time to stamp visa from a Counselor office of US.
Zeya
_________________________________________________________________
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