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Jan 5 - Happy New Year

Rating: 5 votes, 5.00 average.

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

January 5, 2009

1.  Comment: Happy New Year
2.  Focus: PERM For Beginners
3.  Articles:
    (a) Seeing Green In US Immigration Policy by Cyrus D. Mehta
    (b) Immigrants Of The Day: Fernando Espuelas of Uruguay,
    Rumeal Robinson of Jamaica, and Arjinderpal Singh Sekhon of
    India by Kevin R. Johnson
    (c) Bloggings on Dysfunctional Government by Angelo Paparelli
4.  News:
    (a) Presidential Determination On Humanitarian Funding To
    Congolese Refugees
    (b) Data Privacy Committee Shares Recommendations On Employer
    Verification In E-Verify Program
5.  Classifieds:
    (a) EB-5 Business For Sale
    (b) Immigration Law Certificate
6.  Headlines:
    (a) Employer Enters Agreement on Immigration Compliance
    (b) Sessions Scheduled On State's New Immigration Law
    (c) Immigration Law Makes Deportations Easy - But Life Hard
    (d) Local, National News Intertwine
7.  ComingsNGoings:
    (a) Appointment - Austin, TX
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) David D. Murray, Esq.
    (c) John Henderson,0105.shtm

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

Happy New Year

Immigration Daily wishes you a joyous New Year.

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

PERM For Beginners

ILW.COM is pleased to announce a new 3-part telephone seminar
series "PERM For Beginners" with discussion leader Sofia Zneimer
and speaker Ellen Freeman, with other speakers to be announced.
The curriculum is as follows:

FIRST Phone Session on January 21: Understanding the PERM Process

++ Statutory background and agencies involved
++ Who is the client and payment of fees
++ Purpose of the PERM  process - willing, able, qualified, and
++ Timing of the process - counting the days and periods
++ Considerations - alien ownership and control, ability to pay,
layoffs, internal and external consistency, job zones, SVP,
combination of duties, educational requirements, restrictive
requirements, job requirements for current status of alien,
internal and external consistency
++ SVP, Job Zones, and what is normal
++ Business necessity issues
++ Job description and minimal requirements
++ Filing options for form ETA 9089
++ Document Retention requirements

SECOND Phone Session on February 18: Preparation of the PERM

++ Employer registration and attorney sub-account
++ Prevailing Wage
++ Recruitment Plan
++ Job Order
++ Mandatory Printed Ads - elements, placement, considerations
++ Additional steps for professional jobs - what is a professional
job anyway?
++ Recruitment Report - elements and considerations
++ Qualified US workers
++ Audit preparedness
++ Discussion of best practices to manage the process
++ Schedule A and Special Handling

THIRD Phone Session on March 18: PERM Sticky Issues

++ Prevailing Wage issues - private wage survey, wrong
classification, wrong salary, and other wrongs
++ Notice issues
++ Roving employees and layoffs
++ Occupation, Job Zones, and SVP, and OES changes
++ Business Necessity and Normal Requirements - Magic Language
++ On the job training
++ Typos and other errors in submitted and approved labor
++ Attorney-Client relationship in PERM applications
++ Attorney consideration of applicants - do's and don'ts
++ Reconsideration and Appeal
++ Summary of best practices   

The deadline to sign up is Tuesday, January 20th. For more info,
including speaker bios, detailed curriculum, and registration
information, please see:
Fax version:

(a) Seeing Green In US Immigration Policy

Cyrus D. Mehta writes "Yet, it is time now to recognize that one
of the ways for the U.S. to breakout from this economic meltdown
is to be the world's greatest innovator in green technology.",0105-mehta.shtm

(b) Immigrants Of The Day: Fernando Espuelas of Uruguay, Rumeal
Robinson of Jamaica, and Arjinderpal Singh Sekhon of India

Kevin R. Johnson recounts the stories of notable immigrants.,0105-johnson.shtm

(c) Bloggings on Dysfunctional Government

Angelo Paparelli writes "Tossing cynicism to the wind, I hereby
offer a few New Year resolutions for immigration officials to
consider adopting ...",0105-paparelli.shtm

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

(a) Presidential Determination On Humanitarian Funding To
Congolese Refugees

President Bush authorized the funding of up to $6 million for the
unexpected urgent humanitarian needs related to the Democratic
Republic of Congo, Rwanda, and Uganda nationals.,0105-congo.shtm

(b) Data Privacy Committee Shares Recommendations On Employer
Verification In E-Verify Program

The Data Privacy & Integrity Advisory Committee issued
recommendations to the Secretary and the Chief Privacy Officer of
the DHS on options for verifying the EIN or otherwise
authenticating the employer in the E-Verify program.,0105-Everify.pdf

(a) EB-5 Business For Sale
US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing
Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt
or inventory included. To view pictures and an appraisal report,
see here.
To discuss further, contact Thomas Barnes at: or call  434-955-0595 (after 10 am
EST). All inquiries will be kept confidential.

(b) 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) Employer Enters Agreement on Immigration Compliance

Republic Services, Inc., a Texas waste management and collection
firm, has agreed to cooperate with the federal government in its
ongoing criminal investigation of immigration violations at the
company's Wilson Road facility in Houston.

(b) Sessions Scheduled On State's New Immigration Law

Steps to curb illegal immigration are among South Carolina's new
laws going into effect Thursday.

(c) Immigration Law Makes Deportations Easy - But Life Hard

It has hit hard in the Cambodian-American community in Long Beach
since 2002, when Cambodia began accepting deportees.

(d) Local, National News Intertwine

The immigration raid at Howard Industries made state and
national headlines, while all of us in the Pine Belt were
impacted by the struggling national economy and witnessed a
historic Presidential election.

For links to the above stories see here:,0105.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

(a) Appointment - Austin, TX
Thomas Esparza, Board Certified Immigration Specialist is please
to announce his reappointment to the Austin Commission on
Immigrant Affair. At the December meeting of this city commission
he was elected vice chair.  The ACIA recently sponsored a seminar
on Immigration Law and Crimes for all Travis County Magistrates.
Thomas Esparza, Jr. Attorney at Law, 512-441-0062,

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:
Mario Apuzzo's latest letter (12/31/08 ID) criticizes David D
Murray's letter (12/15/08 ID) for allegedly not showing respect
for the argument that Barack Obama may not be a "natural born"
citizen of the US. But in order to demand respect, one must have
an argument worthy of respect. The argument that there is no
proof that Barack Obama was born in the US is not worthy of
respect. The President-elect has produced a Hawaiian birth
certificate which no one has shown any reason to doubt. The last
time I checked, Hawaii was just a much a state as Mr. Apuzzo's
own presumed state of New Jersey. Moreover, Mr. Apuzzo's
constitutional arguments are so vague and confused that it is
hard to tell what they are, let alone accord them any respect.
What is at issue here is not whether there is a distinction
between a US citizen and a citizen by birth in the US, as Mr.
Apuzzo's letter argues. Everybody agree that there is such a
distinction. But scratching our heads over the status of citizens
born outside the US is not relevant to Mr. Obama's case, because,
Mr. Apuzzo's letters notwithstanding, President-elect Obama was
indeed born right here in the US.  The real issue is whether
there is a distinction between a citizen by birth in the US and a
"natural born" US citizen. To argue that there is any such
distinction is the height of absurdity. Is there a difference
between the number of US citizens by birth and the number of
"natural born" US citizens who can stand on the head of a pin?
Perhaps a future letter from Mr. Apuzzo will provide an answer.
Roger Algase, Esq.   New York, NY

(b) Dear Editor:
In response to Dave Chapman's letter (12/31/08 ID), I don't know
where this information about politicians accepting bribes from
India comes from, but I and every other immigration attorney who
handle non-Indian H-1Bs can testify that without H-1Bs, many of
their employer clients could not survive. The vast majority of
H-1B visas are legitimate and are required by American employers.
Until America trains more engineers and scientists, there will
continue to be a shortage in these occupations, no matter how
high unemployment rates go in the general employment population.
Likewise as to nurses, which nobody will deny are in short
supply, yet we can't get them what were formerly H-1A's.  Go
figure.  These are just small examples of why America needs to
immediately reform its legal immigration system, separate and
apart from what is commonly referred to as "CIR". We all know the
system is broken and we need to fix each break one at a time, not
in a "comprehensive" package designed to appease all. Let's stop
complaining about how terrible it is to have illegals, or that we
should just let them in, because we need them and love them.
Let's fix the present system first and concentrate on what to do
with the illegals after we have a workable system that addresses
employer's needs.  If we do it that way, I believe the plight of
the millions of illegals will be resolved - perhaps not totally
to the liking of those who view immigration as an emotional
issue, but by pure and simple economics.  Let's see, pi squared
equals one half the circumference of corporate jet, as reflected
in fraudulent corporate balance sheet that provides a golden
parachute . . . oh well, I give up! But this ain't rocket
David D. Murray, Esq.  Newport Beach, CA

(c) Dear Editor:
ID carried an interesting news link article complaining about the
treatment of Poles by CBP and ICE. The major contention of this
piece was that Poland, as a close ally of the U.S. in the War on
Terror, should have its citizens treated differently from
citizens of those countries that do not support the War on
Terror. Is it the Article's contention then that citizens of
countries that oppose the War on Terror, like Mexico, be treated
worse than citizens of those countries that support the War on
Terror.  Since Mexico does nothing to support the War on Terror,
refuses to send troops to either Iraq or Afghanistan, and refuses
to increase its production of oil, should we discriminate against
Mexican citizens?  So, therefore one supports discrimination
based on nationality? Also, I always thought ID supported illegal
immgration by Mexican citizens and that Mexican citizens were
victims of American racism, but based on this news link article,
ID seems to be supporting Poles over Mexicans. Interestingly the
complaints of the Polish citizens, who are white, seems to show
that American law is enforced evenhandedly against all
John Henderson
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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