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Jan 15 - Business Immigration Law

Rating: 12 votes, 4.67 average.

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

January 15, 2009

1.* Comment: Business Immigration Law
2.* Focus: The Nurse Immigration Book
3.* Articles:
*** (a) The Difficulties Of US Asylum Claims Based On Sexual
*** Orientation by Swetha Sridharan for Migration Information
*** Source
*** (b) Underdeveloping Indiana by Manuel F. Ayau Cordon for the
*** Foundation For Economic Education
*** (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.* News:
*** (a) CIS Ombudsman On AC21 Immediate Denial Notice
5.* Classifieds:
*** (a) Help Wanted: Immigration Paralegal
*** (b) Help Wanted: Immigration Paralegal
*** (c) Case Management Technology
6.* Headlines:
*** (a) Democrats Face First Immigration Test
*** (b) Study: Female Immigrant Detainees Get Poor Care
*** (c) An Immigration Reform
*** (d) Lawmakers' Plans Help, Hinder Illegal Immigrants In
*** Arkansas
7.* ComingsNGoings:
*** (a) New Appointment - Founding Executive Director
8.* Letters From:
*** (a) Sid Lachter, Esq.
*** (b) John E. Shorkey, Esq.
*** (c) David D. Murray, Esq.
*** (d) Roger Algase, Esq.
*** (e) Robert Gittelson,0115.shtm

Books On Immigration Law:
Immigration Law Seminars:
Immigration Law Workshops:
To Get Clients:

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, Charles H. Kuck, 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.

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

The Nurse Immigration Book

The table of contents of this definitive work is as follows:

I.* FOREWORD: Why A Nurse Immigration Book? By William Stock

++H-1 Visas For Nurses By Greg Siskind and Esther Fridman
++TN Status For Nurses By Christopher Wendt
++Practice Pointers for Presenting TN Applications By Leslie
++An Outline Of A Typical Nurse Case, Including Consular
Processing By Joseph Curran
++Adjustment Of Status For Professional Nurses By Sylvia Boecker
++Building International Bridges By Commission On Graduates Of
Foreign Nursing Schools (CGFNS International)
++Tips For Staffing Companies In Planning Their Posting
Strategies By Ronald Nair
++Licensure: US State Licenses For International Nurses By
Patrick Curran
++Immigration Basics For Allied Professional Healthcare Workers
By Christopher Musillo
++Managing Or Achieving Expectations: The Key To Success By
Michael Hammond

++Global Issues In Nurse Recruitment By Joseph Curran
++The Nurse Shortage: Why It Matters By Carl Shusterman
++Deadly Consequences: The Hidden Impact Of America's Nursing
Shortage By Stuart Anderson
++Aiding And Abetting - Nursing Crises At Home And Abroad By
Sreekanth Chagaturu and Snigdha Vallabhaneni
++US Visa Policy Competition For International Scholars,
Scientists And Skilled Workers By Phyllis Farrell Norman
++Better Late Than Never: Workforce Supply Implications Of Later
Entry Into Nursing By David Auerbach, Peter Buerhaus and
Douglas Staiger

++The Business Of Nurse Immigration By Mireille Kingma
++Recruitment Of Workers In The Philippines: Playing Ball
With The POEA By Ronald Nair
++Successful International Nurse Recruiting By C. Philip Slaton
++Nurse Assimilation By Yvette Mooney
++Hospitals' Responses To Nurse Staffing Shortages By Jessica May,
Gloria Bazzoli and Anneliese Gerland
++Nurse Perspectives Of The Migration Experience By Mariah

V.* AFTERWORD: Musings After 2 Decades In Nurse Immigration
By James David Acoba

For more info, and to order, please see here.
For the fax order form, see here.

(a) The Difficulties Of US Asylum Claims Based On Sexual

Swetha Sridharan for Migration Information Source writes "Asylum
claims based on persecution related to a lesbian, gay, bisexual,
or transgender (LGBT) individual's sexual orientation are
particularly difficult to file, argue, and win - even with
substantial evidence of persecution and ill-treatment.",0115-sridharan.shtm

(b) Underdeveloping Indiana

Manuel F. Ayau Cordon for the Foundation For Economic Education
writes "Now let us imagine what it would mean to Indiana if it
adopted the trade policies common to most underdeveloped

(c) Bloggings On Immigration Law And Policy

Greg Siskind shares the latest entries as of January 8, 2009 on
his immigration law and policy blog.,0115-siskind.shtm

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

(a) CIS Ombudsman On AC21 Immediate Denial Notice

The CIS Ombudsman issued a notice entitled, "AC21 Issues: Did
USCIS Immediately Deny Your Adjustment of Status Application
Following a Change of Employment?",0115-AC21.shtm

(a) Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP
seeks an experienced paralegal to assist in case management and
preparation of a wide range of employment-based immigrant and
non-immigrant petitions, PERM applications and Adjustment of
Status applications. Stinson Morrison Hecker LLP is one of the
nation's largest law firms, with 335 attorneys in eight offices
with experience in more than 45 practice areas, and represents
clients in a full range of corporate, transaction and litigation
matters. Please send resume with salary requirement to Lisa K
Lange at:

(b) Help Wanted: Immigration Paralegal
Downtown Washington, DC firm
seeks mature and responsible senior business immigration
paralegal with 4+ years experience in business immigration cases,
including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and
EB-2) and PERM.* Must be capable of independent work, including
legal research, intensive client contact and drafting responses
to complex RFEs and NOIDs.* Bilingual Spanish/English speaker
preferred.* Must have bachelor's degree and excellent native-
level English writing skills.* We are a boutique immigration firm
with a fast-paced yet collegial atmosphere and no billable hours
requirements.* Salary commensurate with experience.* Please email
resume, references and writing sample to
No calls please.

(c) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, ImmigrationTracker
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
6.* Headlines

(a) Democrats Face First Immigration Test

After benefiting enormously from the Latino backlash against GOP
anti-immigrant race baiting Democratic legislators will have
their first reality test, albeit a modest one, on this hot button

(b) Study: Female Immigrant Detainees Get Poor Care

Women held in three immigration-detention facilities in Arizona
receive inadequate treatment, ranging from deficient medical care
to being mixed in with people serving criminal sentences,
University of Arizona researchers said Tuesday.

(c) An Immigration Reform

George W. Bush's presidency was a missed opportunity to update
immigration laws through comprehensive reform.

(d) Lawmakers' Plans Help, Hinder Illegal Immigrants In Arkansas

A legislator filed a bill Tuesday that would ban illegal
immigrants from receiving in-state tuition, state scholarships or
financial aid, while another legislator is considering a bill
that would have nearly the opposite effect.

For links to the above stories see here:,0115.shtm#Headlines
7.* ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here To feature your
newsletter in Immigration Daily, see here

(a) New Appointment - Founding Executive Director
Kids in Need of Defense (KIND), a Washington, D.C.-based non-
governmental organization whose mission is to ensure pro bono
legal counsel to unaccompanied immigrant children in the United
States, announced the appointment of its founding Executive
Director, Wendy Young. Ms. Young brings decades of immigration
and refugee policy experience to her role at KIND. Most recently,
she served as Chief Counsel on Immigration Policy in the Senate
Judiciary Subcommittee on Immigration, Border Security and
Refugees for Senator Edward M. Kennedy.

Readers are welcome to share their comments, email:* (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.

(a) Dear Editor:
The idea that the President-Elect has the burden of proof in
regard to his citizenship is ludicrous.* The burden is on the
people who claim that he is not a citizen.* Having nothing but
fantasy to support their claim, they say that the ball is in his
court because they want it to be, a position that is beyond
ridiculous.* In the real world, his birth certificate, his
passport, the background checks that he went through as a
senator, the fact that every court case on the subject has been
thrown out and the fact that none of the other presidential
candidates ever questioned his citizenship are more than adequate
proof that he is a natural-born citizen in all respects.* The
naysayers need professional help if they think that any, let
alone all of, the other candidates and the five conservative
Republicans in the Supreme Court would have given him a free pass
on being an ineligible, illegal candidate.
Sid Lachter, Esq.

(b) Dear Editor:
I've been an immigration lawyer in the US for more than a few
years now, representing immigrants and their families, and can
relate to Ms. Cogill's complaint about the Homeland Security
system's lack of courtesy. They don't call them "ICE" for
nothing. I personally know many agents, too, and can vouch for
their claim to be actual human beings. They are just people. It's
not their job to be welcoming; it's their job to protect our
borders from evils of many types. They are often confronted by
irate people who have been traveling uncomfortably for hours or
days, and often these people are not pleasant to them. So, there
is a give and take on both sides. The attitude of the ICE folks
is sometimes understandable, as are attitudes of admittees, and
there is also unreasonableness on both sides, but the government
side will win in these contests. The letter writer sounds
pompous, in that she wants more respect because she is "doing us
a favor" by providing us with her knowledge, and is here only
with the most egalitarian of motives, probably sacrificing her
life in her homeland in order to do us this favor, in spite of
the "constant persecution," she must endure in order to "get on
with" her life here in the US. If one feels unwelcome in one's
daily life in the US, ne really should take a look at one's
attitude. If someone has been mistreated by ICE, complain to
them. I don't know if it does any good, but give it a try. Also,
one may get more respect if one is naturalized. Dual citizenship
is accepted in the US, and a lot of things are easier for US
citizens than for legal residents.
John E. Shorkey, Esq.

(c) Dear Editor:
The Center for Immigration Studies, a conservative immigration
restrictionist group, recently issued a report concerning why
America needs secure driver licenses, touting Real ID as an
effective weapon with which to fight terrorism and illegal
immigration. But besides being a multi-million dollar fiasco in
this time of financial crisis, one problem with Real ID is that
it is inflexible and does not address real-world issues. For
instance, when lawful nonimmigrant status - like an L-1 or H-1B -
is expiring and USCIS is tardy in approving the extension, the
nonimmigrant's driver license expires because it is linked to the
I-94 expiration date. Although still legally in the US, the
lawful nonimmigrant then has no permission to drive a motor
vehicle. After approval of the extension of authorized stay by
USCIS, the nonimmigrant must then reapply for a driver license,
reissued at great expense to all. If DMV's across the nation
would issue driver licenses for lawful nonimmigrants for 90 days
past the expiration of an I-94, this would go a long way in
solving this problem. Driver licenses are not the way to combat
terrorism or illegal immigration. Under our current system, these
will exist with or without driver licenses, so Real ID is a waste
of precious money and only makes life frustrating for legal
nonimmigrants who get caught up in the bureacratic shuffle.
Nobody needs a driver license to commit acts of terror and nobody
needs a driver license to get behind the wheel of a car. Is it
even believable that an illegal alien scofflaw, while flaunting
America's immigration laws, entering without inspection, working
without authorization, perhaps commiting other crimes, will
refrain from driving a motor vehicle just because they don't have
a driver license? Ever wonder why there are so many hit and runs
in California? Welcome to the monkey house.
David D. Murray, Esq. Newport Beach, CA

(d) Dear Editor:
Article 2 of the US Constitution says that "No person except a
Natural Born Citizen" ... shall be eligible to be President of
the United States. The 14th Amendment to the Constitution says
that "all persons born in the United States...are citizens of the
United States." No matter how hard one tries to twist the English
language, both of these provisions, read together, can only mean
that anyone born in the US is a natural born citizen and
therefore eligible to be president, despite Mario Apuzzo's
letters' fixation with the notion that 'natural born citizen' has
a more restrictive meaning, something that has not been the case
ever since the Dred Scott decision, which held that black people
could not be US citizens, was overruled by the 14th Amendment.
There is nothing in either provision that makes an exception in
order to exclude an African-American man, born in the the
racially diverse state of Hawaii, with a Muslim name, who lived
as a child in Indonesia, who has a Eurasian half-sister, and
whose father was from Kenya, no matter how offensive Mario
Apuzzo's letters may find these ideas. Therefore, it is not the
Constitution that needs to be changed; what needs to be changed
is the narrow mindset of those who desperately try to read their
own prejudices into the Constitution.
Roger Algase, Esq.* New York, NY

(e) Dear Editor:
While I applaud Mort Kandracke for being the more moderate and
reasonable half of the Beltway Boys' team, I strongly feel that
his article, as highlighted in the ID of 1/14/08, fails to
address the true urgency and value, not to mention the political
realities, of a "comprehensive" approach to immigration reform
legislation. Don't get me wrong. On the whole, the article is
balanced and a fair representation of the state of affairs, vis a
vie the immigration debate. However, what the article fails to
address is that the so called, "Ag-Jobs plus" approach, which the
article details, as devised by Rick Swartz of the National
Immigration Forum, is a red herring that will indefinately derail
the legalization provisions of a true CIR, and thus will only
exacerbate the current problems of illegal entry, family
unification, and bringing all but a few of the 12,000,000
undocumented out of the shadows, and on a pathway towards making
them full fledged and productive members of society. Beware of
the easy fix. It is easy for a reason. The problems of the many
will not be solved through the helping of the few.
Robert Gittelson

Dear Editor:* Regarding the ID Letters of Jan l3th and l4th, M.
Apuzzo's well written and logical response to R. Algase's
letter's phony charge of "prejudice" regarding the matter of
Obama's citizenship is much too polite, it's only fault. What is
"plain and simple" in "pseudo" intellectual dress, is the
constant race baiting and mongering from the Algase letters and
others who shamelessly write such misleading nonsense, although
most see through such devious drivel. The R. Yang letter should
not consider the R. Algase letter of endorsement an accolade as
the latter has long hid his anti-white America agenda behind the
subterfuge of human rights, compassion and egalitarianism which
is the height of hyprocrisy. While the Yang letter correctly
calls for more selective entry, it errs in placing "humanitarian"
as the primary entry concern at the expense of our national
interest in which the "common sense" tools of enforcement and
deportation are needed. Most of the prima facie evidence that I
have seen, indicates an arrogance towards traditional America and
it's interests by entry enthusiasts and an agenda for changing
that, including it would appear, the Constitutional need to be a
natural born citizen to be President. Matt. 19:6 is about
marriage, not entry policies and it's violators. On the other
hand, Matt. 7:13-14 which admonishes: "Enter ye in at the strait
gate" would seem to have multiple applications from migrants to
Presidential aspirants.
Jim Roberts
The first daily in the field of immigration. Forward this to a

Publisher: Sam Udani** Legal Editor: Michele Kim** ISSN:1930-062X

An Important disclaimer! The information provided on this page is
not legal advice. Transmission of this information is not
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attorney. Copyright 1999-2008 American Immigration LLC, ILW.COM.
Send correspondence and articles to Letters and
articles may be edited and may be published and otherwise used in
any medium. The views expressed in letters and articles do not
necessarily represent the views of ILW.COM.
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