Immigration Daily Blog

Feb 05, 2010

Feb 5 - Creative Solution

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

February 5, 2010

http://www.ilw.com/immigrationdaily/digest/2010,0205.shtm

Items:
1. Comment: Creative Solution
2. Focus: The Immigration Compliance Book
3. Articles:
    (a) Bloggings on Deportation And Removal by Matthew Kolken
    (b) Bloggings On Dysfunctional Government by Angelo A.
    Paparelli
4. News:
    (a) NJ AILA Chapter Meeting Notes With CBP Officials
    (b) ORR Letter On Cuban And Haiti Entrants
    (c) 10th Circuit On Preemption
5. Classifieds:
    (a) Help Wanted - Immigration Attorney
    (b) Help Wanted - Immigration Paralegals
    (c) I-9 And E-Verify Compliance Technology
    (d) Immigration Law Certificate
6. Headlines:
    (a) 3 Tweets Today
7. ComingsNGoings:
    (a) Immigration Event - Chatham, MA
8. Letters From:
    (a) Roger Algase, Esq.
    (b) Jay McTyier, Esq.
    (c) M. Jacobs
    (d) Jim Roberts
    (e) John H. Frecker

http://www.ilw.com/immigrationdaily/digest/2010,0205.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Creative Solution

The ABA Journal reports "A sweeping report released this morning
by the ABA Commission on Immigration proposes the creation of an
independent structure for hearing cases involving immigrants
facing removal from the US to replace the system that currently
operates out of the Justice Department." For the full news story,
see here.
http://ow.ly/14lQ1

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

The Immigration Compliance Book

The Immigration Compliance Book, Editors Angelo A. Paparelli, L.
Batya Schwartz Ehrens, and Dan Siciliano features the following:
++Sections: Understanding I-9 Concepts, I-9 Advanced Topics,
Employer E-Verify Considerations, E-Verify Advanced Topics, DHS
Enforcement Through ICE Raids and Audits, Specialty Topics
++Sample Proposed I-9 Policy and Procedures, Sample Form I-9
Verification Procedures - Guideline for Employers, Sample
Checklist for I-9 Audit and Correction Guidelines
++Critical Resource Materials: Selected Statutory Provisions,
USCIS Memos, Executive Orders, USCIS Publications on I-9s and E-
Verify, USCIS Press Releases/Q&As/FAQs, etc
++Resource Materials on CD-ROM: 100+ Relevant Cases from OCAHO,
BIA, Federal District and Circuit Courts, Important Statutes,
Regulations, Forms, Weblinks, etc.
++750+ pages, 850+ footnotes
++33 authors: Adam Ketcher, Angelo A. Paparelli, Bonnie K.
Gibson, Cynthia Lange, Cyrus D. Mehta, Dan Siciliano, Douglas D.
Hauer, Francis E. Chin, Greg Wald, Jason Burritt, Jay Jorgensen,
John Fay, Johanna Marmon, Julie Pearl, Justin A. Rymer, Kevin
Lashus, Kristin Major, L. Batya Schwartz Ehrens, Laura Danielson,
Loan Huynh, Lynn O. Tarran, Maggie Murphy, Matthew Warren,
Michael Patrick, Michael J. Wildes, Olivia M. Sanson, Philip C.
Curtis, Richard Gump, Robert F. Loughran, Steve Trow, Susanne C.
Heubel, Susan Kelly, Vinh C. Trieu

For more info on this book, see here
http://www.ilw.com/books/TheImmigrationComplianceBook.shtm
For the fax version, see here.
http://www.ilw.com/books/TheImmigrationComplianceBook.pdf
_________________________________________________________________
3. ARTICLES

(a) Bloggings on Deportation And Removal

Matthew Kolken writes "The main purpose of this blog post is to
shed light on what is going on at our northern border and
illuminate the treatment that non US citizens and more
specifically what Citizens of Canada are subjected to at the
hands of U.S. Customs and Border Protection."
http://www.ilw.com/articles/2010,0205-kolken.shtm
http://www.kolkenandkolken.com/

(b) Bloggings On Dysfunctional Government

Angelo A. Paparelli writes "The assertion in the last quoted
sentence, pointing to "agency correspondence in individual cases"
as the grant of permission for attorneys to sign petitions and
applications on behalf of clients, is not, however, the full story."
http://www.ilw.com/articles/2010,0205-paparelli.shtm
http://www.seyfarth.com/

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

(a) NJ AILA Chapter Meeting Notes With CBP Officials

We provide notes from the January 26, 2010 NJ AILA Chapter
meeting with representatives from CBP (courtesy of Victoria
Donoghue, Esq. and David Nachman, Esq., Nachman & Associates, P.C).
http://www.ilw.com/immigrationdaily/news/2010,0205-NJAILA.pdf

(b) ORR Letter On Cuban And Haiti Entrants

The Office of Refugee Resettlement released a letter to state
refugee coordinators reviewing the definition of "Cuban and
Haitian entrant" as it applies to Haitian nationals and clarifies
the acceptable documentation these individuals may present when
they apply for ORR-funded benefits and services.
http://www.ilw.com/immigrationdaily/news/2010,0205-ORR.shtm

In Chamber of Commerce of the US, v. Drew Edmonson, Nos. 08-6127
and 08-6128 (10th Cir. Feb 2, 2010), the court "concluded that
the district court properly exercised jurisdiction over the
Chambers' challenge to Section 9 ... we further hold that the
Chambers are likely to succeed on the merits of their claims that
Section 7(C) is expressly preempted and that Section 9 is
impliedly preempted. Moreover, the remaining considerations favor
issuance of a preliminary injunction." The court also "concluded
that the district court erred in its determination that Section
7(B) is preempted, and thus the panel reverses the district
court's grant of a preliminary injunction against the enforcement
of Section 7(B)."
http://www.ilw.com/immigrationdaily/cases/2010,0205-edmonson.pdf
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted - Immigration Attorney
Detroit area, MI - Expanding employment immigration law firm
seeks junior immigration attorney with 2+ years business
immigration law experience in H, L, PERM cases. Candidate must
enjoy working in fast-paced collegial environment, posesses
excellent communication skills, is able to multi-task and work
independently. Competitive salary + compensation package offered.
Relocation package unavailable. All replies treated in strict
confidence. Send resume + cover letter to:
mailto:immlawattymi@yahoo.com.

(b) Help Wanted - Immigration Paralegals
Detroit area, MI - Expanding employment immigration law firm
invites immigration paralegals with 5+ years business immigration
law experience in H, L, PERM cases to consider joining our team.
Candidates should be detail-oriented, able to work independently,
be team players, and have solid writing and speaking ability.
Competitive salary offered. Send resume + cover letter to:
mailto:immlawparami@yahoo.com.

(c) I-9 And E-Verify Compliance Technology
What do top employment firms, leading I-9 experts, and 3,000+ US
worksites all have in common about their I-9 and E-Verify
compliance strategy? LawLogix's state-of-the-art integrated I-9
and E-Verify system that provides organizations with a platform
to create, store, and easily manage secure electronic and error
checked I-9's and E-Verify results. LawLogix boasts a 9-year
track record, successful migration of over half a million paper
I-9s, unmatched data security, and cutting edge features to
assist organizations with state and federal compliance (e.g., FAR
Executive Order 13465). We offer a systematic approach to the
reduction of compliance risks including the automated digitizing
and transcription of old I-9s, real-time error checking of new
electronic I-9s, and data integration with current HRIS systems.
Tangible results: time-saved, fewer paid fines, significant
reductions in compliance and reputation risks. Visit:
http://www.lawlogix.com
email mailto:i9sales@lawlogix.com or call today 602-357-4240 ext.
7150 to sign-up under our money back guarantee or to request your
private demo.

(d) Immigration Law Certificate
Classes offered both online and in-person. 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. For more information on
class schedules, tuition and fees, course applications and to
register, see here.
http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP
_________________________________________________________________
6. Headlines

(a) McCain Feeling Primary Heat From His Right Flank: McCain to
be challenged by anti-immigrant ex-congressman in primary
http://ow.ly/14jpR

(b) Tenth Circuit splits on injunction against Oklahoma
#immigration law http://ow.ly/14j0B

For links to the above stories see here:
http://www.ilw.com/immigrationdaily/digest/2010,0205.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) Immigration Event - Chatham, MA
Thursday, March 25, 2010 - 9:30-11:00 am, Successfully Maintaing
A J-1 Seasonal Workforce - The Benefits for Cape Cod at Chatham
Bars Inn, 297 Shore Road, Chatham, MA. Free and open to the
public, advance registration required by March 23, 2010.
hostprogram@verizon.net or 508-255-2792.
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigrationdaily/archives.shtm

(a) Dear Editor:
Jim Roberts' letter (2/03/10 ID) was kind enough actually to
agree, for once, with something that one of my letters said,
namely about the dismal chances for CIR. I will reciprocate. My
letters have always have been very critical of his letters'
claims about an alleged "Aztlan" plot by Latino immigrants to
turn the US Southwest over to Mexico. However, I recently saw an
article in the Village Voice (not exactly a mainstream
publication) by someone who claimed to be a spokesperson for the
Mexican community in the US. The article said, in brief, that it
was time to crack down on the violent narco gangs at the border
(with which, of course, everyone agrees) so that the
"recolonization" of "Aztlan" can proceed peacefully through the
influx of ordinary illegal immigrants. I do not know if this
stupid comment was meant humorously or not. But with "friends"
like that, Mexican immigrants certainly do not need any enemies.
Roger Algase, Esq. New York, NY

(b) Dear Editor:
Quite succinctly, Andrew Free's letter (ID 2/5/10) underscores
the disconnect in logic between the recent 10th Circuit decision
and impetus toward immigration legislative reform. Why indeed
would a declaration that states cannot properly act in this area
spur Congress to act more? Despite that disconnect however, hope
that the decision could spur some modification of the status quo
is not misplaced. If state laws, many of which were enacted to
mitigate the disproportionate impact of large numbers of
undocumented persons have on the resources of specific states or
specific counties within certain states, are declared
unconstitutional, those states will likely seek out other tools
to solve what is a legitimate state concern - including
pressuring the federal government to put up or shut up. Either
devote enough resources to properly secure the borders and
remove persons from our state who are in violation of current
laws; or change the legal landscape so that that the bulk of
those violators can become non-violators, and become fully
integrated into the communities in which they live and work.
Given that removal of the 12 million illegals currently in the US
at a rate which impacted states would find acceptable would take
an operation similar in scope, ruthlessness, and logistics as
that used by the Nazis, the remove-if-not-compliant option is not
tenable. Although there are clearly some pockets of vocal,
nativists who would cheer at the sight, I do not believe most
Americans would stand for box cars full of families being drawn
southward through their towns. Thus, if Supreme Court precedent
narrows these states' legal options, it will not be too long
before those states re-start pressuring the feds to act toward a
more lasting solution.
Jay McTyier, Esq. Louisville, KY

(c) Dear Editor:
In response to Mr. Murray's letter of (2/4/10 ID), concerning
Biblical input for the immigration debate, his letter references
an encounter with a female Seventh-day Adventist evangelist who
advocated killing those who do not believe Jesus is God. Since
Seventh-day Adventists do not ordain women ministers and heavily
support members choosing non-combatancy in times of draft, this
statement does not make sense. If his letter's recollection is
correct, those views are not in accordance with Seventh-day
Adventist beliefs.
M. Jacobs

(d) Dear Editor:
With reference to the (2/4/10 ID) and D. Murray Letters, perhaps
one reason the Bible is so down on lawyers is their frequent
characteristic of distorting or ignoring the obvious and
substantive in favor of the debating of minor, side or other
issues, thus obscuring and impeding any real progress. See all of
Matt. 23 which is summed up in verse 24: "Ye blind guides, which
strain at a gnat, and swallow a camel". While DM can write
letters, articles and quotes about the Bible (and others
apparently shouldn't), the right conclusions therefrom are
seriously lacking. It is seen often in ID and elsewhere where a
positive thought, truth or concern is stated only to be critiqued
by an entry enthusiast on some minor, irrelevant point that
minimizes the former in favor of the latter. Only a lawyer could
read Luke 11:45:54, ignore it's subject, say, "Woe. Shame on
Jesus." (my exclamation marks have always been edited) and
distort it to mean that the prophets and apostles would "slay and
persecute" others rather than being the recipients and that Jesus
would then "support ICE and CBP". While the (2/2/10 ID) Frosty
Wooldridge article addressed many substantial entry issues all of
which are apparently negated according to the next day letter of
R. Black as the "article is exaggerating" and other statistical
minutia that minimizes or precludes the real issues including too
many entrants. The letter also typically cites the needs of
business as if that is the only concern, ignoring the needs and
plight of US citizens. The Hake/Murray letters topic is less
urgent than the limiting of entry and deporting of illegals
which is present law. The major part of this that is "broken" is
the lack of serious enforcement and the wrongful array of
benefits available to non-citizens including cheapened birth
citizenship. Now addressing this would be real CIR and has
everything "to do with lawyers or the immigration debate".
Jim Roberts

(e) Dear Editor:
Responding to ID's Comment (2/3/10 ID) which discussed the recent
decision by the 10th Circuit Court regarding immigration
enforcement laws enacted in Oklahoma, according to the article on
the link which ID provided, the 3-judge panel of the court
overturned portions on the laws but let stand a "prohibition on
transporting or harboring an illegal immigrant", and let stand a
provision that the state (OK) "can now force businesses to cross-
check employee names against a government list of eligible
workers". (I.e, E-Verify, which the article referred to as "Basic
Pilot".) ID then went on to comment that "If the Supreme Court
sides with the 10th. Circuit, hundreds of state laws will be
unconstitutional, guaranteeing that Congress, even if it
Republican (sic) by then will have no choice but to enact CIR
(including full legalization)." I can understand ID's initial
euphoria over any failure of an attempt at immigration
enforcement. Still, the decision was hardly a "wipe out" for us
"restrictionists"; I think most of us would swap a lot of state
and local laws for mandatory and universal use of E-Verify.
John H. Frecker Baileyville, ME
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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
intended to create, and receipt by you does not constitute, an
attorney-client relationship. Readers must not act upon any
information without first seeking advice from a qualified
attorney. Copyright 1999-2009 American Immigration LLC, ILW.COM.
Send correspondence and articles to editor@ilw.com. 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.
_________________________________________________________________
ILW.COM - the leading immigration law publisher
ILW.COM, PO Box 1830, New York, NY 10156
Over 50,000 pages of free information!
http://www.ilw.com/

Posted at 02:11 PM | Permalink | Comments (1) | TrackBack (0)

Jan 26, 2010

Jan 26 - Haiti Is Not Humanitarian Crisis, It Is Our Crisis

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

January 26, 2010

http://www.ilw.com/immigrationdaily/digest/2010,0126.shtm

Items:
1. Comment: Haiti Is Not Humanitarian Crisis, It Is Our Crisis
2. Focus: Employer's Immigration Compliance Desk Reference Only $99
3. Articles:
    (a) The Double-Edged Sword Of Suing A Client by Ed Poll
    (b) American Union (AU) by Ruben Botello
    (c) Immigrants Of The Week: Rich Little and Emilio Estefan by
    Greg Siskind
4. News:
    (a) Neufeld Memo On Haitian TPS And NY Traffic Infractions
    (b) DHS Releases ESTA FAQs
    (c) USCIS Warns Of Haitian TPS Scams
5. Classifieds:
    (a) Website Services
    (b) J-1 Visa Program
6. Headlines:
    (a) Legal Haitian Immigrants Should Be Able To Bring Their
    Children To US Quickly
    (b) No Visa, No Show For Foreign Performers
    (c) US-Bound Fliers Required To Register
    (d) Blacksburg Couple's Adoption Caught In Haitian Limbo
7. ComingsNGoings:
    (a) Immigration Event
8. Letters From:
    (a) David D. Murray, Esq.

http://www.ilw.com/immigrationdaily/digest/2010,0126.shtm

Haiti Is Not Humanitarian Crisis, It Is Our Crisis

Despite our ever-shrinking, globalized world, neighborhoods still
matter. So when something terrible happens to one of our
neighbors, it rightly commands our attention and prompts us to
action. The tragedy in Haiti is, in this sense, not merely a
humanitarian one. It is not merely the crisis of a very poor
country whose capital-city-infrastructure has collapsed, and
where more than 1% of the population is dead of a series of
earthquakes. It is not merely a situation where American troops
will once again have to offer police services to Haiti for many
years to come, as we have done many times in Haiti's history.

As we have mentioned before,
http://www.ilw.com/immigrationdaily/digest/2010,0114.shtm
our ties with Haiti run deep, as indeed they do with all of our
neighbors. Illustrative of these ties are the factoids that the
founder of Chicago was a Haitian immigrant (Jean Baptiste Point
du Sable) and that renowned ornithologist and painter John James
Audubon was also an immigrant from Haiti. We are sorry to note
that one of the first reactions of our government to the Haitian
catastrophe was to ask our naval forces to patrol the coasts of
Haiti to prevent the desperate from seeking help in America (this
continues to be American policy and practice as of this writing).
Predictably, the anti-immigrationists are overjoyed at this turn
of events, and are loudly cheering Secretary Clinton
http://ow.ly/10l3f
on in following this inhuman policy, one counter to the usual
welcoming and humane record of our armed forces (as we had also
predicted, almost 1,000 reserves were activated). When reacting
to this national catastrophe that has befallen our poor neighbor
off the Florida coast, we must not forget that they sent 750
soldiers to fight with us during the American Revolution. Haiti
deserves better behavior from our sailors and marines than the
one that this administration has currently ordered.

ILW.COM's response to the Haitian calamity is different from
those, like the Red Cross, who are offering humanitarian
assistance. The difference is two-fold: (1) we are taking a more
long-term view of the situation than most, and (2) we strongly
believe that immigration relief is the one large-impact weapon
available to America in delivering help where it is most needed.

As to the long term, we believe that while humanitarian efforts
(such as search-and-rescue) are surely the humane thing to do,
saving 100 people from the rubble does not begin to address the
physical injuries of 100,000 nor the long-term relief efforts
that will be necessary for the nation of 10,000,000 long after
American heart-strings have been fatigued from repeated plucking,
and after other international and domestic events have captured
the ever-fickle media spotlight. We believe that as the weeks and
months ahead unfold, America will get more entangled in the
Haitian crisis, not less. Military involvement in Haiti will
constrict President Obama's options in Iraq and Afghanistan in
the months to come, and the final cost to the US budget in the
years to come will be in the range of 100 times the amount that
the President initially committed (the initial sum was $100
million). Relief for Haiti will be on our country's radar for
much longer than other calamities far away whose refugee
consequences we can easily stay away from due to the distances
involved. American institutions are reacting to the Haitian
crisis, and consistent with the reality of deep ties between the
two neighbors, we are seeing large-scale responses, in both
effort and time scale. For instance, the Florida Bar has
requested
http://www.law.com/jsp/article.jsp?id=1202439495574
that their entire membership of 88,000 lawyers to donate 1
billable hour of time to Haiti relief. As another instance,
ILW.COM's not-for-profit seminar on Haitian immigration relief
has 3 phone sessions over several months, it is not a quickie
feel-good effort. We have no doubt that more such actions will
follow and that Americans will rise to the occasion.

As to immigration's role in helping Haiti, we are fortunate as a
country that we have an effective counter to the destruction
wrought by the forces of nature. Much of the money and effort
devoted to humanitarian assistance is often both costly and
wasteful. Costly because government-to-government help is not
noted for efficiency, and wasteful because significant sums of
money in countries such as Haiti end up lining the pockets of
corrupt officials instead of helping those suffering. Both of
these downsides do not affect remittances sent home by Haitian
migrants in the US. Granting TPS to undocumented Haitians is the
first step in turbo-charging this armada of micro-relief efforts.
However, we believe that Congress will have to take a close look
at offering more immigration relief such as dramatically
expanding adoptions from Haiti, and providing other special
provisions for Haitians to immigrate to the US. Be the future as
it may, the current availability of TPS relief puts the
immigration bar in a position of real power to effect meaningful
change in the lives of the Haitian people. Every Haitian who gets
this relief will be helping out many suffering kin. We urge
members of the bar to consider doing one low-cost or no-cost TPS
case in the months to come. Our not-for-profit seminar
http://www.ilw.com/seminars/haiti.shtm
($99 for the entire 3-part series combined) will help those who are
unfamiliar with TPS procedures arm themselves with the knowledge
necessary to help those suffering in Haiti.

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

Employer's Immigration Compliance Desk Reference Only $99

ILW.COM is pleased to feature The Employer's Immigration
Compliance Desk Reference by Gregory H. Siskind, co-published by
ILW.COM and the Society for Human Resources Management (SHRM).
The book features:

++Part I: Complying With Immigration Laws: Form I-9 General
Concepts; Completing the I-9 Form; Reverification; Recordkeeping;
Electronic I-9 Systems; Knowledge of Unlawful Immigration Status;
Unfair Immigration Practices; Penalties and Other Risks; IRCA
Compliance Tips; Conducting an I-9 Self-Audit; E-Verify, IMAGE,
and SSNVS; Social Security No-Match Letters; Mergers and
Acquisitions; State Employer Immigration Laws - Arizona,
Arkansas, Colorado, Georgia, Idaho, Illinois, Iowa,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia,
West Virginia
++Part II: An Overview of the U.S. Immigration System:
Nonimmigrant Visas, Immigrant Visas (the "Green Card"), Asylees
and Refugees
++Appendices: Notable ICE Worksite Enforcement Operations in
2006-2008, M-274, Handbook for Employers, Electronic I-9 and E-
Verify Vendors

For more info on this book, see here (
http://www.ilw.com/books/TheEmployersImmigrationComplianceDeskReference.shtm
fax version, see here).
http://www.ilw.com/books/TheEmployersImmigrationComplianceDeskReference.pdf
This low-priced book is selling fast, order your copy today!
_________________________________________________________________
3. ARTICLES

(a) The Double-Edged Sword Of Suing A Client

Ed Poll writes "One of the most visible signs of how law firms
have been hit by the down economy is the increasing number of
news reports about firms suing their clients for nonpayment of
bills for legal services."
http://www.ilw.com/articles/2010,0126-poll.shtm
http://www.lawbiz.com/

(b) American Union (AU)

Ruben Botello writes "Since 9/11, the United States and other
American nations have been struggling with new economic and
political crises, while having to combat terrorism in and outside
our respective borders."
http://www.ilw.com/articles/2010,0126-botello.shtm
http://www.ilw.com/articles/2010,0126-botello.shtm#bio

Greg Siskind writes "Come to think of it, he's still one of the
only people most people can name in this niche area of comedy."
http://www.ilw.com/articles/2010,0126-siskind.shtm
http://www.visalaw.com/

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

(a) Neufeld Memo On Haitian TPS And NY Traffic Infractions

USCIS Associate Director Service Center Operations released a
memo providing guidance for adjudications of TPS applications and
administrative appeals in cases involving aliens convicted of
certain minor NY traffic violations.
http://www.ilw.com/immigrationdaily/news/2010,0126-neufeld.pdf

(b) DHS Releases ESTA FAQs

DHS released FAQs on ESTA, the Electronic System for Travel
Authorization.
http://www.ilw.com/immigrationdaily/news/2010,0126-estafaq.pdf

USCIS issued a fact sheet warning Haitians applying for temporary
protected status to be aware of immigration scams.
http://www.ilw.com/immigrationdaily/news/2010,0126-tps.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Website Services
Gain the competitive edge with your new website from INSZoom, the
world's largest immigration software company. Choose from a range
of template websites, complete with customized logos and images,
60-70 pps. of professionally written immigration law content
including news articles, processing dates, and priority times
posted directly on your site. Our search engine optimization
tools will increase your web traffic and prioritize your site in
the major search engines. Our content management tool lets you
update your site in real time. Customized intake sheets let you
integrate your case management software directly into your site.
Biweekly newsletters and email blast tools enable you to stay in
constant touch with current clients and strengthen your potential
client base. Build leads and maintain a professional presence at
a reasonable cost with websites from INSZoom. Learn more online
at http://www.inszoom.com/websites
or contact a sales representative at (925) 244-0600 to start the
process of launching your new website today.

(b) J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global
Current, a service of AIESEC U.S., a leader in international
exchange and professional training for over 50 years. Unlike
other visas, the J-1 does not require a lengthy petitioning
process, has few restrictions and can be processed at any time of
year to facilitate the quick and simple implementation of an
Exchange Visitor Program. Global Current has developed a
streamlined sponsorship process supported by J-1 experts that
allows us to maintain an unrivaled 48 hour turnaround time on
complete applications. Global Current provides J-1 Trainee and
Intern programs in a variety of occupational categories including
law, engineering, finance, architecture, graphic design,
marketing and fashion. For more information on eligibility
requirements and a complete list of occupational categories,
visit http://www.globalcurrentexchanges.org
or email Melany Hamner at
mailto:melanyh@globalcurrentexchanges.org.
_________________________________________________________________
6. Headlines

(a) Legal Haitian Immigrants Should Be Able To Bring Their
Children To US Quickly

On Friday, 34 U.S. senators, including New Jersey Democrats
Robert Menendez and Frank Lautenberg, urged the State Department
and DHS to go a step further and allow children who have lost
their families in Haiti but have close relatives in the United
States to move here.

(b) No Visa, No Show For Foreign Performers

When the Children's Theatre's latest show opened Friday in
Minneapolis, it featured Twin Cities actors, not the Australian
performers originally announced for the play.

Citizens from 35 countries could be barred from boarding US-bound
flights starting in March if they don't register online before
flying, according to the Homeland Security Department.

(d) Blacksburg Couple's Adoption Caught In Haitian Limbo

Elizabeth and Lily Moore wait together in Haiti for the U.S.
State Department to clear the child's immigration visa, one of
the last pieces of a three-year adoption process that was nearing
completion less than a week before the earthquake

For links to the above stories see here:
http://www.ilw.com/immigrationdaily/digest/2010,0126.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) Immigration Event
USCIS invites you to join a teleconference to discuss the process
of registering for Temporary Protected Status for Haitian
nationals. We will review the most frequently asked questions and
then take additional questions from participants. January 27th,
2010 at 2:00pm EST, to join the call - please dial: Number:
1-888-324-8190, passcode: 8174628. If you have any questions,
email Mary Herrmann, at mary.herrmann@dhs.gov or call
202.272.1213.
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigrationdaily/archives.shtm

(a) Dear Editor:
Scott T. Decker's letter (01/25/10 ID) hits the nail right on the
head and I totally agree. For the reasons mentioned in his
letter, and more, immigration reform must come and it must come
now. And I don't mean CIR (buzzword for Amnesty). Congress should
first reform our entire antiquated and disjointed immigration
laws. Once that is done, they can address "CIR" in separate
legislation. If we don't do it that way, it will never get done,
and that's for sure.
David D. Murray, Esq. Newport Beach, CA
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 01:38 PM | Permalink | Comments (0) | TrackBack (0)

Jan 25 - Paper Sons

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

January 25, 2010

http://www.ilw.com/immigrationdaily/digest/2010,0125.shtm

Items:
1. Comment: Paper Sons
2. Focus: Employer Compliance For Experts
3. Articles:
    (a) January 2010 Visa Bulletin: PD Predictions For FY10 by
    Sheela Murthy et al., attorneys from the Murthy Law Firm
    (b) Immigration-Related Provisions Of Senate And House Health
    Reform Bills by James R. Edwards Jr. for the Center for
    Immigration Studies
    (c) Enforcing Immigration Laws: Repairing our Broken
    Immigration System by Benjamin E. Johnson et. al. for the
    Immigration Policy Center
    (d) Bloggings On PERM Labor Certification by Joel Stewart
4. News:
    (a) USCIS Publishes QAs On Haiti Adoptions
5. Classifieds:
    (a) Credential Evaluation And Translation
    (b) I-9 And E-Verify Compliance Technology
6. Headlines:
    (a) Cecilia Munoz Tells It Like It Is On Immigration Reform
    Prospects?
    (b) SC Latinos Regroup For Immigration Reform
    (c) Don't Assume That Immigration Reform Is Dead
    (d) Irish immigration Center Takes Murphy To Task Over 'No
    amnesty For illegals'
7. ComingsNGoings:
    (a) Immigration Event - Chatham. MA
8. Letters From:
    (a) Scott T. Decker, Esq.
    (b) Roger Algase, Esq.

http://www.ilw.com/immigrationdaily/digest/2010,0125.shtm

Paper Sons

The Los Angeles Times
http://www.latimes.com/news/local/la-me-paper-son24-2010jan24,0,415204,full.story
reports on how some Chinese immigrants used the 1906 San
Francisco earthquake to get around the Chinese Exclusion Act of
1882. "By claiming to be citizens whose records had been lost in
the destruction, they became free to travel to China; once there,
they could either bring back blood relatives or sell their
paperwork to others who would claim to be family members -- paper
sons."

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

Employer Compliance For Experts

Wednesday, January 27th is the deadline for the Thursday, January
28th phone session of "Employer Compliance For Experts" with
speakers Patrick Shen, Brett Dreyer, Cynthia Lange, Priscilla H.
Muhlenkamp, Michael Patrick, Jennifer Sultan and Other Speakers
To Be Announced. The curriculum is as follows:

FIRST Phone Session on January 28: The Obama Administration's New
Enforcement Focus

This presentation is premised on DHS Worksite Enforcement
priorities as provided in the April 30, 2009 announcement by
Secretary Napolitano, and subsequent initiatives announced
throughout 2009. The presenters will discuss briefly the policy
of the Obama Administration, but the bulk of the presentation
will be practical tips and best practices on how to avoid
liabilities and prepare for federal and state audits. Program
highlights include:

++ Establishing an in-house I-9 compliance program to reduce your
clients' liabilities
++ Preparing for an ICE and state government I-9 audit
++ Avoiding pitfalls that may result in, and defending against,
employment discrimination claims

SECOND Phone Session on February 18: Maintaining a Legal
Workforce

The speakers during this program will discuss recent Department
of Labor enforcement, including enforcement and adjudication
trends involving the labor condition application and PERM
applications. The program also will include a segment on audits
by the US Citizenship and Immigration Services' Office of Fraud
Detection and National Security (FDNS) on H-1B petitions. Program
highlights include:

++ Best practices on maintaining LCA and PERM files
++ Tips on how to prepare for an LCA or PERM audit
++ Better understanding of what to expect during the FDNS site
visits and how best to prepare for such visits

THIRD Phone Session on March 11: Proliferation of E-Verify

In today's heightened enforcement environment, the federal
government and an increasing number of state governments are
requiring employers to participate in E-Verify, an electronic
employment eligibility program. Beginning September 8, 2009,
many federal contractors and their subcontractors are required to
begin using E-Verify. In addition, the government is utilizing
sophisticated data-mining techniques to monitor employer usage
and to scrutinize employers' compliance with the complex terms of
participation. Program highlights include:

++ Obama Administration's emphasis on E-Verify and impact on
federal contractors
++ Trends among state legislation requiring use of E-Verify and
complications for employers with multi-state presence
++ Liabilities that may result from enforcement of new monitoring
and compliance regulations

Wednesday, January 20th is the deadline to sign up. For more
info, including speaker bios, detailed curriculum, and
registration information, please see: Online:
http://www.ilw.com/seminars/201002.shtm. Fax form:
http://www.ilw.com/seminars/201002.pdf. Don't delay, sign up
today.
_________________________________________________________________
3. ARTICLES

(a) January 2010 Visa Bulletin: PD Predictions For FY10

Sheela Murthy et al., attorneys from the Murthy Law Firm write
"The Visa Bulletin for January 2010 provides some helpful
predictions for the future movement of cutoff dates in the EB
categories for the fiscal year 2010, which ends September 30,
2010."
http://www.ilw.com/articles/2010,0125-murthy.shtm
http://murthy.com/attorney.html

(b) Immigration-Related Provisions Of Senate And House Health
Reform Bills

James R. Edwards Jr. for the Center for Immigration Studies
writes "The Senate's Patient Protection and Affordable Care Act,
substituted into HR 3590, and the House-passed Affordable Health
Care for America Act, HR 3962, each contain provisions that
purport to bar illegal aliens from benefiting from certain health
programs."
http://www.ilw.com/articles/2010,0125-edwards.shtm
http://cis.org/taxonomy/term/48

Benjamin E. Johnson et. al. for the Immigration Policy Center
write "Comprehensive reform must recognize that strong employment
protections for all workers reduces the incentive for
unscrupulous employers to hire and mistreat unauthorized workers,
thereby improving wages and working conditions for all workers."
http://www.ilw.com/articles/2010,0125-johnson.pdf
http://www.immigrationpolicy.org/

(d) Bloggings On PERM Labor Certification

Joel Stewart writes "The lesson of this case is that materiality
is the important issue in PERM processing, not mere
technicalities. Although "harmless error" is specifically omitted
from the PERM rule, it is, nevertheless, alive and well."
http://www.ilw.com/articles/2010,0125-stewart.shtm
http://blogs.ilw.com/joelstewart/

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

(a) USCIS Publishes QAs On Haiti Adoptions

USCIS published a set of questions and answers providing
information for United States citizens in the process of adopting
a child from Haiti.
http://www.ilw.com/immigrationdaily/news/2010,0125-adoptions.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) 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.

(b) I-9 And E-Verify Compliance Technology
What do top employment firms, leading I-9 experts, and 3,000+ US
worksites all have in common about their I-9 and E-Verify
compliance strategy? LawLogix's state-of-the-art integrated I-9
and E-Verify system that provides organizations with a platform
to create, store, and easily manage secure electronic and error
checked I-9's and E-Verify results. LawLogix boasts a 9-year
track record, successful migration of over half a million paper
I-9s, unmatched data security, and cutting edge features to
assist organizations with state and federal compliance (e.g., FAR
Executive Order 13465). We offer a systematic approach to the
reduction of compliance risks including the automated digitizing
and transcription of old I-9s, real-time error checking of new
electronic I-9s, and data integration with current HRIS systems.
Tangible results: time-saved, fewer paid fines, significant
reductions in compliance and reputation risks. Visit:
http://www.lawlogix.com,
email mailto:i9sales@lawlogix.com or call today 602-357-4240 ext.
7150 to sign-up under our money back guarantee or to request your
private demo.
_________________________________________________________________
6. Headlines

(a) Cecilia Munoz Tells It Like It Is On Immigration Reform
Prospects?

It was clear that Obama, personally and his administration, while
deeply sympathetic aren't committed enough to immigration reform
to lead the way, to frame the issue, to spread the vision of an
immigration policy that would indeed fix the broken system.

(b) SC Latinos Regroup For Immigration Reform

In recent weeks, Latinos in South Carolina have gathered for food
and conversation to discuss a strategy for immigration reform.

All the more reason that the White House has to recommit itself
to comprehensive immigration reform, even without the support of
the soon-to-be junior senator from Massachusetts.

(d) Irish immigration Center Takes Murphy To Task Over 'No
amnesty For illegals'

The Irish Immigration Center in Philadelphia is urging those who
support the undocumented Irish to call their Congressman, Patrick
Murphy, to say they oppose his stance on comprehensive
immigration reform.

For links to the above stories see here:
http://www.ilw.com/immigrationdaily/digest/2010,0125.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) Immigration Event - Chatham. MA
March 25 - The Cape Cod Chamber of Commerce and the Lower Cape
J-1 Host Housing Program are pleased to present "Successfully
Maintaining A J-1 Seasonal Workforce - The Benefits For Cape Cod"
for more info see
http://www.capecodtoday.com/calendar-2010-03-25-event-14241.htm.
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigrationdaily/archives.shtm

(a) Dear Editor:
Robert Xiao's letter (01/22/2010 ID) mentions that, in
determining whether someone is in the US legally, we need answers
to dozens of questions about the person's history. This is
correct, but is this a feature of the system or a bug? There are
benefits to having a high bar to legally entering the country,
but in an era of increased global mobility we must have a system
that people of average intelligence can safely navigate without
needing to have immigration lawyers on retainer. Merely more
vigorously enforcing the current immigration laws is a fruitless
task because the laws are so complex, confusing, and
contradictory that in many seemingly straightforward situations
no one - government officials, immigration lawyers, or the aliens
themselves - can comfortably say that if you do X, Y, and Z that
you are in complete compliance with the immigration laws. There
is no way to legitimately and rationally enforce laws in such an
environment and that, among other reasons, is why enforcement
alone is insufficient and reform of the immigration laws is
necessary.
Scott T. Decker, Esq. Albany, NY

(b) Dear Editor:
After years of alleged cover-ups concerning the deaths of
immigrants in ICE detention facilities, that agency has just
released a list of 92 people who have died in its custody from
October 2003 to the present. The list is available on AILA's
website, which also mentions over a dozen articles in the New
York Times alone about the difficulties of getting information
about ICE detainees, despite many allegations of abuse and
medical neglect. These allegations appear to be borne out by the
fact that by far the most commonly given cause of death on ICE's
list is illness (other than AIDS). 14 deaths were listed as
suicides. This information appears to bear out the allegations
that ICE has been maintaining a network of "black hole" prisons
where detainees have no rights or protection against
mistreatment. However, in Guantanamo and the CIA secret prisons,
the detainees were at least suspected terrorists. In contrast,
28, or almost one third, of the deceased ICE detainees were
listed as "non-criminal", and there is no indication that any of
them were terrorists. Of the two thirds listed as "criminal", at
least some of the alleged crimes may have been "aggravated
felonies" such a stealing a tube of toothpaste. The purpose of
immigration detention is supposed to be enforcing the law. But
what law provides that so many immigrant detainees shall die in
custody? Why have there been no investigations or prosecutions of
those responsible for running this immigration gulag? It is time
for some long overdue law enforcement.
Roger Algase, Esq. New York, NY
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 01:37 PM | Permalink | Comments (0) | TrackBack (0)

Jan 22 - Capitalist Growth

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

January 22, 2010

http://www.ilw.com/immigrationdaily/digest/2010,0122.shtm

Items:
1. Comment: Capitalist Growth
2. Focus: The H-1B Book
3. Articles:
    (a) Bloggings on Deportation And Removal by Matthew Kolken
    (b) ILW.COM May 2009 Citations by Aron Finkelstein, Suzanne
    Seltzer, Sherry Neal, Scott Bratton, Rami Fakhoury, Rodney
    Malpert, and Greg Siskind
    (c) Bloggings On Dysfunctional Government by Angelo Paparelli
4. News:
    (a) USCIS Reminder That TPS For Eligible Haitian Nationals Is
    Effective January 21st
    (b) USCIS Releases I140 QA
    (c) DHS Publishes Streamlined Military Naturalization Final
    Rule
5. Classifieds:
    (a) Forensic Psychology Services
    (b) Co-Counseling Offered
    (c) J-1 Visa Program
6. Headlines:
    (a) Bipartisan Proposal Will Prevent Immigration Reform
    (b) Injured Haitian Children Win Humanitarian Visas To The US
    (c) New York's Haitian Americans Grieve, Worry And Wait
    (d) In Shift, US Lifts Visa Curbs on Professor
7. ComingsNGoings:
    (a) Immigration Event - Washington DC
8. Letters From:
    (a) Roger Algase, Esq.
    (b) Honza Prchal, Esq.
    (c) Robert Xiao

http://www.ilw.com/immigrationdaily/digest/2010,0122.shtm

Capitalist Growth

What would spur entrepreneurial growth in the U.S.? "We always
come back to immigration," says Stangler, who says loosening visa
restrictions would increase the number of small businesses and
boost the economy. For TheStreet.com story, see here.
http://www.thestreet.com/story/10663299/1/immigrants-key-to-new-business-growth.html?cm_ven=GOOGLEN

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

The H-1B Book

The pertinent part of the Table of Contents for The H-1B Book is
as follows:

II. INTRODUCTION
++The Complete H-1B Process: Attorney Flowchart
++The H-1B Process: Attorney's 10-Step System
++Overview of H-1B Visas

III. H-1B STEP BY STEP

First Step: 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

Second Step: 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

Third Step: 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

Fourth Step: 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</il>

Fifth Step: 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)

Sixth Step: 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)

Seventh Step: Send All The Forms And Petition Letter To The
Client 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

Eighth Step: 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

Ninth Step: 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

Tenth Step: 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

IV. ADVANCED H-1B ISSUES
++H-1B Degree Equivalency by Mikiel J. Davids
++Reviewing The Path To Permanent Residency by Courtney Black and
Karen Weinstock
++Traveling On An H-1B Visa While Petition Or Application Is
Pending by Ari J. Sauer
++Dealing With Gaps In Employment by Rajeshri S. Patel and Karen
Weinstock
++Temporary Visa Alternatives To The H-1B by Courtney Black and
Karen Weinstock
++The History And Economic Impact Of The H-1B Visa by Elissa
Taub, Melissa Downing and Karen Weinstock
++When Are H-1B Visas Cap Exempt? by Karen Weinstock

For more information about the book and to order, see here.
http://www.ilw.com/books/THEH-1BBOOK.shtm
For the fax form, see here.
http://www.ilw.com/books/THEH-1BBOOK.pdf
_________________________________________________________________
3. ARTICLES

(a) Bloggings on Deportation And Removal

Matthew Kolken writes "If you live in the State of New Jersey I
implore you to contact your representatives in Congress to make
an immediate inquiry into the Elizabeth Detention Center and
demand that the doors be permanently closed."
http://www.ilw.com/articles/2010,0122-kolken.shtm
http://www.kolkenandkolken.com/index

(b) ILW.COM May 2009 Citations

Aron Finkelstein, Suzanne Seltzer, Sherry Neal, Scott Bratton,
Rami Fakhoury, Rodney Malpert, and Greg Siskind write share the
citations from all May 2009 ILW.COM seminars.
http://www.ilw.com/articles/2010,0122-citations.shtm
http://www.ilw.com/articles/2010,0122-citations.shtm#bio

Angelo Paparelli writes "It's hard to maintain optimism, however,
as President Obama's pledge to move on CIR within his first year
in office reached its anniversary and expired."
http://www.ilw.com/articles/2010,0122-paparelli.shtm
http://www.seyfarth.com

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

(a) USCIS Reminder That TPS For Eligible Haitian Nationals Is
Effective January 21st

USCIS announced that the TPS designation for Haiti is effective
January 21, 2010 and will remain in effect through July 22, 2011.
http://www.ilw.com/immigrationdaily/news/2010,0122-TPS.shtm

(b) USCIS Releases I140 QA

USCIS released questions and related response for the petition
filing and processing procedures for Form I-140
http://www.ilw.com/immigrationdaily/news/2010,0122-I140.shtm

DHS published notice amending the DHS regulations by implementing
a statutory amendment, effective February 18, 2010, reducing from
three years to one year the length of time a member of the United
States Armed Forces has to serve to qualify for naturalization
through service in the Armed Forces.
http://www.ilw.com/immigrationdaily/news/2010,0122-military.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160.
The Forensic Psychology Group provides nationwide expert witness
services in all areas of immigration law. It is led by Stephen
Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
psychologists and attorneys, and also AILA members. The Group's
experts - all licensed psychologists or psychiatrists - have
extensive experience in working collaboratively with immigration
lawyers on a wide range of forensic psychological issues. We
offer nationwide service in the following areas: psychological
consultation, psychodiagnostic evaluation, psychological reports,
expert witness services, courtroom testimony, political asylum
evaluation, extreme and exceptional hardship evaluations, spousal
abuse, citizenship waivers. Dr. Stephen Reich, the Group's
founder and director, is a nationally known forensic psychologist
who holds a BA, JD, and MBA from Columbia University, and an MA
and PhD in Clinical Psychology from Fordham University. He has
been on the faculty of Weill Cornell Medical College and on the
Attending Staff of New York Presbyterian Hospital for 30+ years.
Visit The Forensic Psychology Group.
http://www.forensicpsychologyexperts.com
The right experts make a real difference.

(b) Co-Counseling Offered
Practitioners with challenging extraordinary ability cases or any
other complex immigration cases including appeals, may wish to
co-counsel with PJ Patel, an attorney experienced in O, EB-1,
NIW, and any complex matters for many years. Mr. Patel is known
for his compilation of the INA, 8 CFR & 20/22/28 CFR for the past
25+ years. For more information, see his website at
http://www.immigrationbypatel.com
Mr. Patel can be reached at mailto:pjpatel@immigrationbypatel.com
212-279-3230. All cases will be kept in strict confidence.

(c) J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global
Current, a service of AIESEC U.S., a leader in international
exchange and professional training for over 50 years. Unlike
other visas, the J-1 does not require a lengthy petitioning
process, has few restrictions and can be processed at any time of
year to facilitate the quick and simple implementation of an
Exchange Visitor Program. Global Current has developed a
streamlined sponsorship process supported by J-1 experts that
allows us to maintain an unrivaled 48 hour turnaround time on
complete applications. Global Current provides J-1 Trainee and
Intern programs in a variety of occupational categories including
law, engineering, finance, architecture, graphic design,
marketing and fashion. For more information on eligibility
requirements and a complete list of occupational categories,
visit http://www.globalcurrentexchanges.org
or email Melany Hamner at
mailto:melanyh@globalcurrentexchanges.org.
_________________________________________________________________
6. Headlines

(a) Bipartisan Proposal Will Prevent Immigration Reform

Rep. Jason Chaffetz (R-UT) joined several Republican and
Democratic Members of Congress (a mix of veterans opposed to
immigration reform and several freshmen like Chaffetz, see list
below) to introduce an immigration-related resolution Thursday.

(b) Injured Haitian Children Win Humanitarian Visas To The US

The youngest earthquake victims are being granted humanitarian
visas so long as a doctor in Haiti deems that the child will die
without advanced medical care.

Daily life continues as the immigrant community struggles to cope
with the overwhelming tragedy in the island nation.

(d) In Shift, US Lifts Visa Curbs on Professor

Six years after using the Patriot Act to revoke the visa of a
prominent Muslim academic, the US State Department reversed
itself and said Wednesday that it would no longer bar the scholar
from entering the US.

For links to the above stories see here:
http://www.ilw.com/immigrationdaily/digest/2010,0122.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) Immigration Event - Washington DC
Promoting success on both sides of the border: Binational
approaches to US immigrant integration A report release and
discussion with Ambassador Carlos García de Alba, Executive
Director, Institute for Mexicans Abroad (IME); and MPI's Laureen
Laglagaron, Kathleen Newland, Aaron Terrazas, and Michael Fix.
Thursday, January 28, 2010, 9:00-10:30 am MPI Conference Room,
1400 16th Street, NW, Suite 300, Washington, DC 20036. For more
info, including how to register:
http://my.migrationpolicy.org/p/salsa/event/common/public/?event_KEY=18049#RSVP
For questions, please email events@migrationpolicy.org or
call 202-266-1929.
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigrationdaily/archives.shtm

(a) Dear Editor:
Anyone who thinks that CIR has any chance of passage despite the
catastrophic election of a hard-right, anti-immigrant Republican
to fill Ted Kennedy's Senate seat is just whistling past the
graveyard. President Obama needs to take a long, hard look at
whether his administration's rigid, anti-immigrant, enforcement
only policy is alienating the Latino and other "New American"
immigrant communities who elected him. I predict that if Janet
Napolitano, who has become a symbol of draconian enforcement, is
still DHS Secretary by this fall's election, the Democrats will
be routed. Even if, by some miracle, there is any serious
consideration of CIR, it is likely to be the kind of elitist
measure recommended in Donald Miller's letter (01/21/ID) that
combines easing of restrictions against "educated, English
speaking" (i.e. white) immigrants, with hatred of most Latinos
and all Muslims, who would, in effect, be barred from America on
the basis of their race or religion. While I agree that
restrictions against educated immigrants should be eased, America
does not need "reform" based on prejudice against less educated
immigrants of color. As the economy gets worse, this kind of
scapegoating is likely to increase, despite the economic benefits
that America is gaining from Latino and Asian immigrant
communities, as shown in many Immigration Policy Center reports.
Hatred directed against minority immigrants may even become the
basis of an American fascist movement that would no longer be
limited to extremist far right fringe groups. It has happened
elsewhere. It can happen here.
Roger Algase, Esq. New York, NY

(b) Dear Editor:
Leo Van Randall, Jr.'s letter (see 01/20/10 ID) asking what is
wrong with immigration law leads me to propose his letter's
question as a great subject for an essay contest. That said, how
about this - our immigration law is more complex than our tax
code and involves government agencies like the Department of
Labor that wouldn't know how to expedite the movement of a
cigarette boat or corvette in addition to the State Department
and just about every other alphabet soup acronym in the book. The
inevitable result of such a contemptible mess is that large
numbers of people either ignore it or fall afoul of it without
ever understanding why, even when they have to leave the country
as a result.
Honza Prchal, Esq. Birmingham, AL

Dear Editor:
This is in response to Scott T. Decker's letter (01/20/2010 ID).
When was the I-485 filled, before or after the expiration of the
initial period of stay? Was this person arrested and or convicted
in their home country or during their time in the U.S., and have
these facts been disclosed to the government? Has this person
left the U.S. for any reason without first obtaining a document
authorizing his re-entry? This information is essential before
anyone can make any rational statements or decisions regarding
the effectiveness of the current immigration system, otherwise we
might as well begin all of our postings regarding immigration
matters with "Once upon a time ... " and finish with "..and they
lived happily ever after."
Robert Xiao WA
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 01:00 PM | Permalink | Comments (1) | TrackBack (0)

Jan 21 - Angel Is 100

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

January 21, 2010

http://www.ilw.com/immigrationdaily/digest/2010,0121.shtm

Items:
1. Comment: Angel Is 100
2. Focus: US Tax Compliance For Immigrants And Employers: The
    Lawyer's Complete Guide
3. Articles:
    (a) Bloggings On Updates In Immigration Law by Carl
    Shusterman
    (b) Immigrant Of The Day: Rich Little of Canada by Kevin R.
    Johnson
4. News:
    (a) DHS Publishes Haiti TPS Notice
5. Classifieds:
    (a) E-3 Treaty Visa
    (b) Case Management Technology
    (c) Credential Evaluation And Translation
6. Headlines:
    (a) Massachusetts Election: Death Knell For Immigration
    Reform?
    (b) Vows To Move Fast For Haitian Immigrants In US
    (c) Angel Island's History Offers Lessons On Immigration
    Policy
    (d) Lost In America
7. ComingsNGoings:
    (a) New Appointment
8. Letters From:
    (a) Scott T. Decker, Esq.
    (b) Donald Miller

http://www.ilw.com/immigrationdaily/digest/2010,0121.shtm

Angel Is 100

The San Francisco Chronicle
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2010/01/21/MN231BKGQH.DTL
paints a portrait of an immigration landmark. "Today is the 100th
anniversary of the U.S. immigration station on Angel Island - a
place of hope and despair, and a landmark symbolizing the rich
history of immigration in this country."

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

US Tax Compliance For Immigrants And Employers: The Lawyer's
Complete Guide

Our new book on tax compliance for immigrants and employers
authored by noted authority Paula Singer is shipping now. The
outline is as
follows:
++International Aspects of Individual U.S. Tax Returns
++A Guide for Filing IRS Forms 1042 and 1042-S
++U.S. Taxation of H-1B Specialty Workers
++U.S. Taxation of B-1 Business Visitors
++U.S. Taxation of Foreign Students
++L-1 Intracompany Transferees on U.S. Assignment
++What You Need to Know About Exchange Visitors
++J-1 Nonstudent Exchange Visitors Performing U.S. Services
++Tax Treaty Benefits for Foreign Nationals Performing U.S.
Services
++Appendix includes Treaties/Agreements and Sample Letters
++CD-ROM includes 50+ IRS Forms, 16 IRS Publications, useful web
links

For more info and to order, please see:
http://www.ilw.com/books/taxbook.shtm
For info/ordering by fax, please see:
http://www.ilw.com/books/taxbook.pdf.
_________________________________________________________________
3. ARTICLES

(a) Bloggings On Updates In Immigration Law

Carl Shusterman writes "I recommend that we consider piecemeal
reforms in 2010, and reassess the situation in 2011."
http://www.ilw.com/articles/2010,0121-shusterman.shtm
http://www.shusterman.com

(b) Immigrant Of The Day: Rich Little of Canada

Kevin R. Johnson celebrates the achievement of an impressive
impressionist.
http://www.ilw.com/articles/2010,0121-johnson.shtm
http://www.ilw.com/articles/2010,0108-johnson.shtm#bio

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

(a) DHS Publishes Haiti TPS Notice

DHS published a notice in the Federal Register announcing
designation of Haiti for temporary protected status (TPS) for a
period of 18 months.
http://www.ilw.com/immigrationdaily/news/2010,0121-haiti.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) E-3 Treaty Visa
Job Expo Australia - Sydney in March 2010 - Melbourne in October
2010. Hire Australians using the E-3 Treaty Visa. It is good
business to hire Australia's robust, educated and English-
speaking job seekers. Employers happily find that Australians do
not have the cultural assimilation or English language challenges
of many workers from other countries. Can't make the Expo -
utilize our Resume Service. The Icon Group of Poulsbo,
Washington USA produces Job Expo Australia. Icon has been
producing world class international job expos for 12-years.
Excellent, high profile, Sponsorship opportunities are available
that will bring you to the attention of job seekers before and
during the Expo! Outstanding hotel and airline discounts welcome
you. Visit our website at http://www.jobexpoaustralia.com
Contact us at mailto:Australia@iconnetwork.orgwith your questions
and requirements. Now is the time to plan and reserve your 2010
job fair participation. A portion of the Expo proceeds will
benefit The Steve Irwin Wildlife Reserve - Australia Zoo. Review
the National Press Release -
http://www.prweb.com/releases/2009/08/prweb2801544.htm.

(b) 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.

(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) Massachusetts Election: Death Knell For Immigration Reform?

Tuesday's historic election in Massachusetts could spell trouble
for Democrats, but advocates of immigration reform say it's not
over yet.

(b) Vows To Move Fast For Haitian Immigrants In US

Clutching their passports and well-thumbed documents, hundreds of
illegal Haitian immigrants crowded into a Roman Catholic church
here on Wednesday to seek help in applying for a program that
would allow them to stay and work legally in the United States
for 18 months.

The immigrant station's past underscores America's contradictory
approach to immigration: The U.S. welcomes the 'huddled masses
yearning to be free' even as it unfairly detains and deports
newcomers.

(d) Lost In America

A writer recalls a Las Vegas family ripped apart by the
immigration system - and, ultimately, violence

For links to the above stories see here:
http://www.ilw.com/immigrationdaily/digest/2010,0121.shtm#Headlin
es
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) New Appointment
Nikki Mehrpoo Jacobson has been appointed Chair of the Beverly
Hills Bar Association's Immigration Law Committee. Ms. Mehrpoo
Jacobson is a founding partner of the Los Angeles, California law
firm Jacobson and Han LLP www.GreenCard4You.com.
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigrationdaily/archives.shtm

(a) Dear Editor:
Regarding Leo Van Randall Jr.'s letter (01/20/10 ID) asking how
the immigration system is broken and why not just enforce the
laws we have, the immigration system is broken because the system
no longer provides reasonable results, so merely enforcing the
laws more strenuously does nothing but make the problem worse.
Our current system fails because the numbers of visas
significantly trail the demand, preventing people that we want to
have in this country from being able to legally come and stay
here. Is there any reason a physician from India or an engineer
from China should wait 8 -10 years to become a legal permanent
resident, with another 5+ years to become a citizen? Those who
entered via fraud or deceit, or have committed serious crimes
while here, should be removed. However, many otherwise law-
abiding people fall out of legal status because of mistake,
confusion, or bad advice. Unfortunately, the current law treats
everyone the same, with the only "remedy" of "leave the country."
Finally, the immigration system is broken because the laws are so
complex that even the government does not know the rules. For
example, is someone in the US with a pending I-485 but an expired
I-94 allowed to be here? USCIS says the person is here legally,
but CBP and ICE say the person is removable from the country. In
these kinds of situations, there is no way to follow the law
since no one can even agree to what the law is. Additional
piecemeal fixes to the immigration system are doomed to failure.
We must have an approach that makes it easier for beneficial
people to come and stay in the country, while at the same time
making the system more straightforward so that everyone can
understand and follow the rules.
Scott T. Decker, Esq. Albany, NY

(b) Dear Editor:
As usual, the American government can never seem to find a middle
way in the current immigration debate. We can of course use all
the educated, entrepreneurial, English-speaking immigrants we can
get. What we do not need are hordes of illiterate 3d World
"bottom feeders" who, especially in the case of the Mexicans,
make no attempt to learn English or become Americans, and indeed
come here with the intent of "Mexicanizing" as much of the
country as possible. No other immigrant group has done that nor
does any other immigrant group today intend that. The logical
solution? Do everything to encourage the educated and potential
contributors to immigrate and ease their entrance as much as
possible. Halt all immigration from Mexico and Latin America
except for those persons with the former qualifications and ban
completely all immigration of Muslims from whichever country on
grounds of national security. Simple. Of course the pro-
immigration crowd, who somehow have the belief that foreigners
have a "right" to come into the US and the PC "nazis", who are
obsessed with never offending anyone, would resist any such
logic.
Donald Miller
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 12:59 PM | Permalink | Comments (1) | TrackBack (0)

Jan 20 - Pass It On

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

January 20, 2010

http://www.ilw.com/immigrationdaily/digest/2010,0120.shtm

Items:
1. Comment: Pass It On
2. Focus: Today Is Deadline For USCIS On EB5
3. Articles:
    (a) The Trials And Tribulations Of Highly Educated Immigrants
    by Victoria Donoghue
    (b) In The Grip Of Madness by Lawrence Reed for the
    Foundation For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4. News:
    (a) Supreme Court Says DOJ Regulations Alone Cannot Shield
    Determinations From Judicial Review
    (b) DHS Releases Humanitarian Parole For Haitian Orphans Fact
    Sheet
    (c) DHS Notice On H-2A and H-2B Eligible Countries
    (d) ILW.COM Live Tweets On "abUSed: The Postville Raid" Sneak
    Preview
5. Classifieds:
    (a) Translation Services
    (b) Website Services
    (c) Immigration Law Certificate
6. Headlines:
    (a) US Official Will Visit Miami To Help Expedite TPS Filings
    (b) Immigration Law Complex, And Good Advice Out Of Reach For
    Many
    (c) Secrets Of The Immigration Jails
    (d) How Brown's Win Affects Democrats' Agenda
7. ComingsNGoings:
    (a) Share Your Professional News
8. Letters From:
    (a) Paul Good, Esq.
    (b) Honza Prchal, Esq.
    (c) Roger Algase, Esq.
    (d) Leo Van Randall Jr.
    (e) Jeremy E.

http://www.ilw.com/immigrationdaily/digest/2010,0120.shtm

Pass It On

If you find Immigration Daily a valuable resource, won't you
please share it with your friends and colleagues? We thank you
for it and they will too. To begin receiving your email version
of Immigration Daily, simply submit your email address in the
text box on our homepage. http://www.ilw.com

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

Today Is Deadline For USCIS On EB5

Wednesday, January 20th is the deadline for the Thursday, January
21st phone session of "Investors For Experts" with speakers
Lincoln Stone, K. David Andersson, Elsie Arias, Ed Carroll,
Alexandra (Sasha) Haskell (USCIS), Mark Ivener, Robert F. Kruszka
(USCIS), David Morris and Susan Pilcher. The curriculum is as
follows:

++Government Perspective On EB5 Program
++Follow up on Stakeholder Meeting and Dec 11 Memo

Wednesday, January 20th is the deadline to sign up. For more
info, including speaker bios, detailed curriculum, and
registration information, please see: Online:
http://www.ilw.com/seminars/200930.shtm. Fax form:
http://www.ilw.com/seminars/200930.pdf. Don't delay, sign up
today.
_________________________________________________________________
3. ARTICLES

(a) The Trials And Tribulations Of Highly Educated Immigrants

Victoria Donoghue writes "The influx of immigrants willing to
work for a better life, as well as share their talents, is
ingrained in our national identity and has made us the strong,
tolerant nation we are today."
http://www.ilw.com/articles/2010,0120-donoghue.shtm
http://www.visaserve.com/Bio/VictoriaDonoghue.asp

(b) In The Grip Of Madness

Lawrence Reed for the Foundation For Economic Education writes
"At well over $11 trillion, that debt amounts to $37,000 for
every living American."
http://www.ilw.com/articles/2010,0120-reed.shtm
http://www.fee.org/

Greg Siskind writes "That's like when antis claim in one breath
that immigrants steal jobs from Americans and then in the next
complain that they come here to mooch off the Welfare system."
http://www.ilw.com/articles/2010,0120-siskind.shtm
http://www.visalaw.com/

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

(a) Supreme Court Says DOJ Regulations Alone Cannot Shield
Determinations From Judicial Review

In Kucana v. Holder (No. 08-911, Supreme Court, January 20, 2010)
the court, in a per curiam opinion, held that 8 USC 1252(a)(2)
(B)'s "proscription of judicial review applies only to Attorney
General determinations made discretionary by statute, not to
determinations declared discretionary by the Attorney General
himself through regulation". The court also said that "The
[Circuit Court's] construction would free the Executive to
shelter its own decisions from abuse-of-discretion appellate
court review simply by issuing a regulation declaring those
decisions "discretionary". Such an extraordinary delegation of
authority cannot be extracted from the statute Congress enacted".
http://www.ilw.com/immigrationdaily/cases/2010,0120-kucana.pdf

(b) DHS Releases Humanitarian Parole For Haitian Orphans Fact
Sheet

DHS Secretary Janet Napolitano, in coordination with the U.S.
Department of State (DOS), announced a humanitarian parole policy
allowing orphaned children from Haiti to enter the United States
temporarily on an individual basis to ensure that they receive
the care they need-as part of the U.S. government's ongoing
support of international recovery efforts after last week's
earthquake.
http://www.ilw.com/immigrationdaily/news/2010,0120-orphans.shtm

DHS published a notice on identification of foreign countries
whose nationals are eligible
to participate in the H-2A and H-2B visa programs.
http://www.ilw.com/immigrationdaily/news/2010,0120-h2ah2b.shtm

(d) ILW.COM Live Tweets On "abUSed: The Postville Raid" Sneak
Preview

This transcript is the live Tweet feed of a special sneak preview
screening of "abUSed: The Postville Raid" on January 19, 2010,
presented by the Cultureproject and New York Immigraton
Coalition.
http://www.ilw.com/immigrationdaily/news/2010,0120-abused.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Translation Services
Certified translations by Legal Language Services in 157
languages have helped immigration attorneys throughout the United
States for more than 25 years. Legal Language translates birth
and marriage certificates, academic degrees, health records,
employment information and other documents needed for immigration
proceedings. Legal Language meets all USCIS translation
requirements. Legal Language also offers consecutive and
simultaneous interpreting, as well as certified transcription, in
support of immigration proceedings. Rush service, including same
day service, is available for a slight additional fee. For a free
consultation or for more info: call 1-800-788-0450 or email
mailto:immigration@legallanguage.com or visit us at
http://www.legallanguage.com/lp/immigrationtranslation/. In
addition, Legal Language seeks experienced immigration attorneys
to contribute to our blog and respond to questions from visitors
to our site. mailto:immigration@legallanguage.com to discuss
further.

(b) Website Services
Gain the competitive edge with your new website from INSZoom, the
world's largest immigration software company. Choose from a range
of template websites, complete with customized logos and images,
60-70 pps. of professionally written immigration law content
including news articles, processing dates, and priority times
posted directly on your site. Our search engine optimization
tools will increase your web traffic and prioritize your site in
the major search engines. Our content management tool lets you
update your site in real time. Customized intake sheets let you
integrate your case management software directly into your site.
Biweekly newsletters and email blast tools enable you to stay in
constant touch with current clients and strengthen your potential
client base. Build leads and maintain a professional presence at
a reasonable cost with websites from INSZoom. Learn more online
at http://www.inszoom.com/websites
or contact a sales representative at (925) 244-0600 to start the
process of launching your new website today.

(c) Immigration Law Certificate
Classes offered both online and in-person. 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. For more information on
class schedules, tuition and fees, course applications and to
register, see here.
http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP

_________________________________________________________________
6. Headlines

(a) US Official Will Visit Miami To Help Expedite TPS Filings

The head of the federal agency that will process thousands of
immigration applications from undocumented Haitian immigrants
will travel to Miami and meet with organizations assisting
Haitians.

(b) Immigration Law Complex, And Good Advice Out Of Reach For
Many

If any citizen had to live within the immigration code, we would
revolt en masse.

It took digging by The Times and the American Civil Liberties
Union to unearth the evidence.

(d) How Brown's Win Affects Democrats' Agenda

The Republican victory in Massachusetts imperils, but may not
derail, the Democratic agenda in 2010, analysts and congressional
aides said Tuesday.

For links to the above stories see here:
http://www.ilw.com/immigrationdaily/digest/2010,0120.shtm#Headlin
es
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) Share Your Professional News
Send your professional announcement to: mailto:editor@ilw.com.
Examples include: New Position, Honors And Awards, Mergers &
Acquisitions, New Office Address, New Appointment, New Associate,
New Attorney, New Partner. This is a free service.
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigrationdaily/archives.shtm

(a) Dear Editor:
A well-drafted CIRA is a worthy goal though I do not consider the
border security and employers' sanctions portions of the current
House bill truly relevant, certainly not worth over half of the
bill's text. However, if the CIS' substandard management system
is not equally improved, even a well-drafted CIRA will not erase
continuing immigration disappointment. I've just begun my 48th
year of experience with federal bureaucracy--35 as a State FSO--
and I consider CIS to be the least US competent bureaucracy I
have encountered--with ICE the least ethical. A visit to a CIS
district office last week produced proof that that office does
not recognize the two-year limit of a conditional green card
(where no I-751 is filed), that a 2nd preference family case was
misfiled with pending naturalization cases, that unlike the NVC
there is no trigger for approved the green card when a priority
date is reached, that the office is not reacting to the October
2009 widow(er) law. At the service center level, K-1 and K-3
approvals are taking over 10 times as long as two years ago. VSC
recently dumped thousands of unprocessed 4th preference family
petitions filed 6-9 years ago on NSC which is sending out RFEs
with 42 day limits to South Asians to obtain documents that can
take months to find. I have a One Step case that has been in
process for two years with VSC, NSC, NBC, and TSC all involved.
VSC has initiated a reminder to conditional GC spouses that an
I-751 is needed before the end of year 2 but with no reminder
that it cannot be filed earlier than the 90 days before that
point. Efforts to get VSC to add that point have proved
fruitless. Ad infinitum.
Paul Good, Esq.

(b) Dear Editor:
While I naturally disagree with Roger Algase's letter's aside
(01/19/10 ID) about "making Iraq secure for Western oil
companies" since the oil companies on the ground in Iraq are
mostly Chinese and the usual state owned outfits, I otherwise
broadly agree with his letter about Haiti. Unlike Mexican
immigrants, Haitians and their descendants are doing remarkably
well (see Reason Magazine, Wikipedia or the Wall Street Journal
for attestation of that) in this country. It would be interesting
to see if their accomplishments in schools every bit as lousy as
those the children of Mexican Americans attend are better for
those who come legally than for those who come illegally. If
there is not much difference in accomplishments between legal and
illegal Haitian immigrants, very few arguments consistent with
humanity and our national interest remain for keeping legal
Haitian immigration numbers at their present low levels. As
economists have noted for much of the last two decades,
remittances are better for a wretched nation like Haiti than most
humanitarian aid, as remittances are hard for local elites to
"divert", so the usual bellyaching about brain drain somehow
harming Haiti is besides the point. The Wall Street Journal ran
an article recently on "Smaller Towns Struggle As Help Is Slow to
Arrive" that features a Haitian family which managed to amass $2
million stateside that it used to build a hotel in Haiti that the
head of the family was vowing to rebuild even before aid agencies
reached his town at the epicenter of the quake. If one out of
every hundred Haitian immigrant families is as entrepreneurial,
we could use a lot more here. Haiti clearly is not putting them
to good use and, with its Byzantine and corrupt regulatory
climate, is doing everything it can to chase them away.
Honza Prchal, Esq. Birmingham, AL

(c) Dear Editor:
I need to make a correction in my letter of (01/19/10 ID) on
Haiti. My letter said that the inhuman policy of using the Coast
Guard to stop Haitian refugees from leaving their own country
dates from the Clinton era. It actually began with Ronald Reagan,
who signed an agreement to this effect with the Duvalier
dictatorship. An example, no doubt, of Reagan's "character,
charisma and wisdom", according to Robert Gittelson's article
(01/19/10 ID). As for the chances of CIR passing this year, ask
Senator Brown of Massachusetts. Even if the Democrats had held
their 60-vote majority, no CIR bill would ever make it out of
committee. There are too many anti-immigrant Democrats, even
among those who call themselves liberals. Reform needs to begin
at the regulatory level, where the DHS and the DOL, especially,
have great power. Right now, this formidable power is being used
to further an anti-immigrant "enforcement-only" agenda. Before
CIR, which will only be a pipe dream until the current economic
depression ends, we need CIRR, Comprehensive Immigration
Regulatory Reform. This may also require some AIAHTR (Anti-
Immigrant Agency Heads To Roll - figuratively speaking, of
course).
Roger Algase, Esq. New York, NY

(d) Dear Editor:
I've been reading for years about the fact that the US
Immigration laws are broken and wrong, but no one ever says what
the particulars are. What is specifically wrong? What needs to be
fixed? I read the US Immigration laws and find the only thing
that is wrong, is that our US Government is not enforcing the
immigration laws that the USA already has in place. Please tell
me and the American citizens, what is wrong and what needs to be
fixed, specifically, with the US Immigration laws?
Leo Van Randall Jr.

(e) Dear Editor:
Regarding ID comment (01/14/10 ID): I have never read something
of such garbage. When ID comment started off with "America's
response to the tragedy in Haiti has nothing to do with
humanitarianism - or with help provided by a rich country to a
suffering people with a per capita Gross Domestic Product of 2
dollars per day. America's response has nothing to do with the
fact that the founder of Chicago was a Haitian immigrant" I
expected a well written article, but instead I was given an
article that has no substance to it. The comment never does state
what the reason is beyond "we have ties" with them. Which country
don't we have ties with. I feel as if the article was very rushed
when written. And the comment "there is no corruption to worry
about, and money is spent exactly where it is most needed." And
appently one has not kept up to date in the past with Haiti. In
2006 Haiti was the most corrupted country. So obviously in 2010
theres no way there can be corruption, right?
Jeremy E.
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 12:58 PM | Permalink | Comments (0) | TrackBack (0)

Jan 19 - ILW.COM Tweets

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

January 19, 2010

http://www.ilw.com/immigrationdaily/digest/2010,0119.shtm

Items:
1. Comment: ILW.COM Tweets
2. Focus: Deadline For PERM For Experts Is Jan 19th
3. Articles:
    (a) CIR Advocates: We Are Here, We Are United, We Are
    Determined, And We Are Ready by Robert Gittelson
    (b) What's Your Tagline? by Michelle LaBrosse
    (c) Immigrant Of The Week: Andre Platzer by Greg Siskind
4. News:
    (a) ILW.COM Live Tweet on USCIS Director Haiti TPS Call
    (b) USCIS Director Mayorkas On Interim Field Guidance Memo On
    Initial Haiti Relief Efforts
    (c) USCIS Releases TPS For Haiti Nationals Questions And
    Answers
    (d) USCIS Releases Haitian Relief Measures Questions And
    Answers
    (e) DHS Secretary Napolitano On Haiti Earthquake Response
5. Classifieds:
    (a) PERM Services
    (b) I-9 And E-Verify Compliance Technology
    (c) BIA Delivery Service
6. Headlines:
    (a) Massachusetts And The 60-Vote Senate Fallacy
    (b) Why Haiti Matters
    (c) About 250 March To Support Immigration Bill
    (d) Wiser Than America: Neighboring Dominicans Refuse Haitian
    Influx
7. ComingsNGoings:
    (a) Share Your Professional News
8. Letters From:
    (a) Roger Algase, Esq.
    (b) Yosie Saint-Cyr
    (c) Lisa

http://www.ilw.com/immigrationdaily/digest/2010,0119.shtm

ILW.COM Tweets

ILW.COM is twittering on the latest development in CIR, changes
in immigration law, supporting pro-immigration campaigns, and
pointing out news and articles of general interest. As an example
of what Twitter can do for you, see the news item below on
ILW.COM's live tweets during USCIS Director's teleconference on
TPS for Haiti. For real-time news on CIR and immigration law,
Follow us on Twitter.
http://twitter.com/ilwcom

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

Deadline For PERM For Experts Is Jan 19th

Tuesday, January 19th is the deadline for the Wednesday, January
20th phone session of "PERM For Experts" with speakers Devang
Shah (discussion leader), Aron Finkelstein, Daniel C. Horne,
Allen Orr, Steve Springer and Other Speakers To Be Announced. The
curriculum is as follows:

FIRST Phone Session on January 20: Pre-filing Essentials
++Introduction of the National Prevailing Wage Determination, ETA
Form 9141.
++Advanced Issues in preparing an ETA 9089 for PERM and I-140
approval
++Foreign degree equivalences for EB2 and EB3.
++Alien's influence and control over the job opportunity.
++Use of qualifying experience gained with the sponsoring
employer or as a contractor.
++Preparing business necessity letters in anticipation of an
audit.
++Foreign Language Requirements
++Combination of Occupations
++Combinations of Education, Experience and Training
++Alternative Requirements
++Ensuring that the company has the ability to pay.

SECOND Phone Session on February 4: Ensuring a Successful
Recruitment Campaign
++Tips for advertising and other recruitment requirements for
professional occupations.
++Ensuring the employer's compliance for the review of resumes,
interviews and preparation of recruitment reports.
++Avoid sanctions; understanding the attorney's role in
recruitment process. What is and is not permissible.
++Filing PERM applications in economically challenging times.
++Layoffs in the company industry pre PERM filing and/or post
PERM filing.
++Effect of Employer's Bankruptcy.
++Is supervised recruitment in our future ?

THIRD Phone Session on March 4: Post Filing Issues
++Responding to an Audit.
++Preparation of recruitment reports at the pre-filing stage
necessary to withstand an audit.
++Use of Expert opinions
++Business Necessity Letters.
++Layoff Reports
++Strategies to re-file a PERM petition.
++Errors vs. Mistakes.
++When and how should you file a request for reconsideration ?
++Withdrawing a petition. When is it permitted and strategies
for appropriate timing of withdrawals.
++Refiling and Second PERM applications.
++Recent PERM BALCA case summaries.

Tuesday, January 19th is the deadline to sign up. For more info,
including speaker bios, detailed curriculum, and registration
information, please see: Online:
http://www.ilw.com/seminars/201001.shtm. Fax form:
http://www.ilw.com/seminars/201001.pdf. Don't delay, sign up today.
_________________________________________________________________
3. ARTICLES

(a) CIR Advocates: We Are Here, We Are United, We Are Determined,
And We Are Ready

Robert Gittelson writes "Some very competent people are working
for reform, and I am confident that we will be more than a match
for the nay-sayers, Nativists, and Restrictionists."
http://www.ilw.com/articles/2010,0119-gittelson.shtm
http://www.ilw.com/articles/2010,0119-gittelson.shtm#bio

(b) What's Your Tagline?

Michelle LaBrosse writes "Since it's the start of a new year,
let's turn those questions around. How do you want people to
think of you?"
http://www.ilw.com/articles/2010,0119-labrosse.shtm
http://www.cheetahlearning.com/

Greg Siskind writes "Another member of Popular Science's
Brilliant 10 list for this year is German-born Andre Platzer from
Carnegie Mellon University."
http://www.ilw.com/articles/2010,0119-siskind.shtm
http://www.visalaw.com/

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

(a) ILW.COM Live Tweet on USCIS Director Haiti TPS Call

The following transcript is the live Tweet feed of the USCIS
Director's teleconference for TPS for Haiti at 6PM on Friday,
January 15th.
http://www.ilw.com/immigrationdaily/news/2010,0119-haiti.shtm

(b) USCIS Director Mayorkas On Interim Field Guidance Memo On
Initial Haiti Relief Efforts

USCIS Director Mayorkas released interim field guidance for
aliens affected by the January 12, 2010 Haiti Earthquake.
http://www.ilw.com/immigrationdaily/news/2010,0119-mayorkas.pdf

USCIS released questions and answers related to the 18-month
designation of Temporary Protected Status (TPS) for Haiti
nationals.
http://www.ilw.com/immigrationdaily/news/2010,0119-QA.shtm

(d) USCIS Releases Haitian Relief Measures Questions And Answers

USCIS released questions and answers related to interim Haitian
relief measures.
http://www.ilw.com/immigrationdaily/news/2010,0119-relief.shtm

(e) DHS Secretary Napolitano On Haiti Earthquake Response

DHS Secretary Napolitano released several statements related to
the Haiti Earthquake including a toll free live number.
http://www.ilw.com/immigrationdaily/news/2010,0119-Napolitano.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) PERM Services
At Jon Byk Advertising, Inc.,
http://www.bykadvertising.com/
we provide a wide range of services that will help fulfill your
PERM recruitment requirements quickly, cost-effectively, and
efficiently. With 15+ years of experience working with one of the
nation's largest immigration law firms, our customer service is
unparalleled. We understand the importance of meeting DOL
requirements with regards to ad content, media selection, ad
documentation (tear-sheets), and deadlines. We will locate
publications that meet DOL and EDD requirements by geographic
region, provide upfront pricing, and timely deliver original
tear-sheets for all ads (print, online or broadcast). Our
experience in recruitment solutions means valuable time saved for
you. For more info and a free quote, contact Mya Le at
310-476-3012 or mailto:myale@bykadvertising.com. Please visit our
website http://www.bykadvertising.com
for special offers and discounts.

(b) I-9 And E-Verify Compliance Technology
What do top employment firms, leading I-9 experts, and 3,000+ US
worksites all have in common about their I-9 and E-Verify
compliance strategy? LawLogix's state-of-the-art integrated I-9
and E-Verify system that provides organizations with a platform
to create, store, and easily manage secure electronic and error
checked I-9's and E-Verify results. LawLogix boasts a 9-year
track record, successful migration of over half a million paper
I-9s, unmatched data security, and cutting edge features to
assist organizations with state and federal compliance (e.g., FAR
Executive Order 13465). We offer a systematic approach to the
reduction of compliance risks including the automated digitizing
and transcription of old I-9s, real-time error checking of new
electronic I-9s, and data integration with current HRIS systems.
Tangible results: time-saved, fewer paid fines, significant
reductions in compliance and reputation risks. Visit:
http://www.lawlogix.com
email mailto:i9sales@lawlogix.com or call today 602-357-4240 ext.
7150 to sign-up under our money back guarantee or to request your
private demo.

(c) BIA Delivery Service
Have you missed the deadline for overnight delivery to the Board
of Immigration Appeals? We offer same day service to the BIA. We
are conveniently located only a block away. Fax us your Notice to
Appeal or brief by 2pm ET on the due date to: (703) 845-5991 and
we will personally file it for you, obtain a stamped date copy
and mail/fax it back to you. We offer competitive rates and
unparallelled service. For information, contact us: Brief-X-
Press, Falls Church, VA Fax: (703) 845-5991.
_________________________________________________________________
6. Headlines

(a) Massachusetts And The 60-Vote Senate Fallacy

But would a Martha Coakley loss to State Sen. Scott Brown really
debilitate Obama's agenda in 2010? The answer to that is a lot
less clear than you think.

(b) Why Haiti Matters

But above all, we act for a very simple reason: in times of
tragedy, the United States of America steps forward and helps.

It was coordinated with nationwide rallies led by Reform
Immigration for America of Washington, D.C., a campaign supported
by the nonprofit Tides Advocacy Fund of San Francisco, a lobbying
group that supports liberal causes.

(d) Wiser Than America: Neighboring Dominicans Refuse Haitian Influx

"There's nothing more permanent than a temporary visa."

For links to the above stories see here:
http://www.ilw.com/immigrationdaily/digest/2010,0119.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigrationdaily/archives.shtm

(a) Dear Editor:
With regard to ID's comment about the catastrophe in Haiti
(01/14/10 ID), sending US military assistance to help the victims
is certainly more beneficial than propping up a government of
corrupt warlords and drug dealers in Afghanistan, or making Iraq
secure for Western oil companies. ID has done excellent research
on the long history of relations between Haiti and North America.
But the biggest symbols of the close ties between Haiti and the
US are Chrome Detention Center and the US Coast Guard. The
Department of Homeland Security, after making a humanitarian
gesture by granting Temporary Protected Status to Haitians in the
US, has now reverted to its usual immigration enforcement-only
mode. According to the Washington Post, DHS has announced that
Haitians trying to escape the horrors caused by the earthquake
will be prevented from coming to the US. The same report says
that expanded immigration detention facilities are already being
prepared to "welcome" anyone who manages to avoid being turned
back or drowning at sea. The inhuman policy of using the Coast
Guard to stop Haitian refugees on the high seas and force them
back to their country in violation of international law dates
from the Clinton era. But despite the Obama administration's
reassuring rhetoric about America's friendship for Haiti, it
seems that for Janet Napolitano's DHS, appeasing those who want
to keep people of color out of the US at all costs is the top
priority, even as Haiti turns into a vast tomb.
Roger Algase, Esq. New York, NY

(b) Dear Editor:
I really enjoyed ID's comment (01/14/10), agree with it in most
part, and am appreciative. However, I would like to make the
following correction: Haiti did not exist at that time ... Haiti
as we know it was created in 1804. The Haitian Revolution started
in 1791 and ended in 1804. Way after the American Revolution. The
people who helped the American Revolution were not Haitian per
say; they were free African slaves of Saint-Domingue, under the
command of Comte d'Estaing, for their participation in the siege
of Savannah. The proper name for the island currently shared by
the Dominican Republic and the Republic of Haiti, was "AYITI". A
land rightfully owned by an Arawak people who called themselves
Tainos. It is possible that they could have called these free
African slaves: Africans of Ayiti.
Yosie Saint-Cyr

(c) Dear Editor:
In August 2002 Mr Bush passed a law to protect children from
aging out due to backlogs and visa availability in certain
preference category, however immigration is yet to follow the
instruction of this law. Ina203(h)(d) and publication 107-208 of
the Child Status Protection act clearly states that if a child
age out ,meaning reach the age of 21, the child age will be
subtracted from the number of days the i130 was pending ,and when
a visa becomes available from the child age, so their age will be
locked in. The other part states that if after doing this
calculation the child age is said to be 21 or older, the child
must be converted to the appropriate category and retain the old
priority date upon receipt, again this bill clearly states that
the age out child will be converted to either the 2b or whatever
category they fall under to keep their old priority date.
Immigration is yet to do that instead they came up with their own
interpretation and deny giving these children the chance of
getting a green card, by giving them a new priority date when
their parent reapply for them, putting them back to the end of a
very long line for another 10years after they waited with their
parent for almost 15years already. This is a very serious issue
and congress and Mr Obama need to look into this This is such an
unfair situation it hurts me when i think about this. President
Obama must look into this, and if I have to walk from NY to
Washington to get this message out I will, because too many lives
are affected by this. This treatment is harsh and cruel, this is
not humane.
Lisa
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 12:57 PM | Permalink | Comments (0) | TrackBack (0)

Jan 15, 2010

Jan 15 - Varick Closing

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

January 15, 2010

http://www.ilw.com/immigrationdaily/digest/2010,0115.shtm

Items:
1. Comment: Varick Closing
2. Focus: PERM For Experts
3. Articles:
    (a) Bloggings On Nurse And Allied Health Immigration by
    Christopher T. Musillo
    (b) Bloggings on Deportation And Removal by Matthew Kolken
    (c) Bloggings On Updates In Immigration Law by Carl
    Shusterman
    (d) Bloggings On Dysfunctional Government by Angelo A.
    Paparelli
4. News:
    (a) CIS Ombudsman On Refugee Processing
    (b) DHS On Streamlined Military Citizenship Application
    Process
5. Classifieds:
    (a) I-9 And E-Verify Compliance Technology
    (b) Help Wanted - Immigration Paralegals
    (c) Help Wanted - Immigration Attorney
    (d) Forensic Psychology Services
6. Headlines:
    (a) California Economist Releases Immigration Study
    (b) Haiti Earthquake: Call To Let Haitians In US Illegally
    Stay
    (c) Canada Suspends Visa Requirement for Aid Workers and
    Evacuees From Haiti Transiting Through Canadian Airports
    (d) Children Pay High Price In Our Fight Over Immigration
7. ComingsNGoings:
    (a) New Event - San Diego, CA
8. Letters From:
    (a) Chad Van Cleave, Esq.
    (b) John Wheat Gibson, Esq.
    (c) Brandon Meyer, Esq.
    (d) Janis Peterson-Lord, Esq.
    (e) Eric
    (f) Jesus Duran

http://www.ilw.com/immigrationdaily/digest/2010,0115.shtm

Varick Closing

The New York Times reports "Immigration and Customs Enforcement
will close a controversial detention center in Greenwich Village
next month and transfer the center's roughly 300 detainees to a
county jail in New Jersey, federal officials announced on
Thursday." For the full story, see here.
http://www.nytimes.com/2010/01/15/nyregion/15ice.html?scp=2&sq=immigration&st=cse

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

PERM For Experts

(a) Bloggings On Nurse And Allied Health Immigration

Christopher T. Musillo writes "The USCIS has just released a
comprehensive Memo aimed specifically at H-1B users who place
employees at third-party job sites, such as many IT and
healthcare staffing companies."
http://www.ilw.com/articles/2010,0115-musillo.shtm
http://www.muimmigration.com/

(b) Bloggings on Deportation And Removal

Matthew Kolken writes "It is both shocking and disgusting that
this type of barbarism is allowed to continue and is covered up
by the very animals that hold the keys to the cages."
http://www.ilw.com/articles/2010,0115-kolken.shtm
http://www.kolkenandkolken.com/

Carl Shusterman latest posting discusses how "federal courts may
review I-751 hardship waiver denials."
http://www.ilw.com/articles/2010,0115-shusterman.shtm
http://www.shusterman.com

(d) Bloggings On Dysfunctional Government

Angelo A. Paparelli writes "The global mush is extra thick when
USCIS pours out new changes on its home page."
http://www.ilw.com/articles/2010,0115-paparelli.shtm
http://www.seyfarth.com/

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

(a) CIS Ombudsman On Refugee Processing

CIS Ombudsman's office released its responses to questions
received regarding refugee processing
http://www.ilw.com/immigrationdaily/news/2010,0115-refugee.shtm

(b) DHS On Streamlined Military Citizenship Application Process

DHS Secretary Janet Napolitano announced the publication of a
rule formalizing DHS' longstanding policy to expedite and
streamline the citizenship process for men and women bravely
serving in America's armed forces.
http://www.ilw.com/immigrationdaily/news/2010,0115-military.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) I-9 And E-Verify Compliance Technology
What do top employment firms, leading I-9 experts, and 3,000+ US
worksites all have in common about their I-9 and E-Verify
compliance strategy? LawLogix's state-of-the-art integrated I-9
and E-Verify system that provides organizations with a platform
to create, store, and easily manage secure electronic and error
checked I-9's and E-Verify results. LawLogix boasts a 9-year
track record, successful migration of over half a million paper
I-9s, unmatched data security, and cutting edge features to
assist organizations with state and federal compliance (e.g., FAR
Executive Order 13465). We offer a systematic approach to the
reduction of compliance risks including the automated digitizing
and transcription of old I-9s, real-time error checking of new
electronic I-9s, and data integration with current HRIS systems.
Tangible results: time-saved, fewer paid fines, significant
reductions in compliance and reputation risks. Visit:
http://www.lawlogix.com
email mailto:i9sales@lawlogix.com or call today 602-357-4240 ext.
7150 to sign-up under our money back guarantee or to request your
private demo.

(b) Help Wanted - Immigration Paralegals
Reston, VA - Goel & Anderson, LLC,
http://www.goellaw.com
a prominent business immigration law firm, has challenging,
rewarding, and stable career opportunities for immigration
professionals. Due to the sustained growth of our practice, we
currently have multiple openings for experienced corporate
immigration paralegals. 3+ years of business immigration
experience (NIV and IV) with top-tier immigration practice or in-
house corporate immigration department desired. Experience with
corporate immigration compliance and/or global immigration
matters is a plus. Extensive client contact involved.
Undergraduate degree, excellent organizational and communication
skills (both written and oral), and the ability to work
independently in fast paced environment required. Goel &
Anderson offers highly competitive salaries + outstanding
benefits. Qualified candidates invited to apply with resume +
cover letter to mailto:careers@goellaw.com. All submissions kept
strictly confidential. No phone calls please.

(c) Help Wanted - Immigration Attorney
Los Angeles, CA - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorney for the position of Associate Regional
Counsel, 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. J.D. degree, active
bar membership, 2+ years of post-J.D. experience required. For
full details enter COU-CIS-2009-0010 here.
http://www.usajobs.com/
Applicants must submit (1) writing sample (10 pps. max) (2)
resume (3) cover letter, to mailto:kelli.duehning@dhs.gov. All
submissions must be received by close of business on January 15,
2010. GS-13/14/15. Position open until filled. No relocation
allowance offered.

(d) Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160.
The Forensic Psychology Group provides nationwide expert witness
services in all areas of immigration law. It is led by Stephen
Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
psychologists and attorneys, and also AILA members. The Group's
experts - all licensed psychologists or psychiatrists - have
extensive experience in working collaboratively with immigration
lawyers on a wide range of forensic psychological issues. We
offer nationwide service in the following areas: psychological
consultation, psychodiagnostic evaluation, psychological reports,
expert witness services, courtroom testimony, political asylum
evaluation, extreme and exceptional hardship evaluations, spousal
abuse, citizenship waivers. Dr. Stephen Reich, the Group's
founder and director, is a nationally known forensic psychologist
who holds a BA, JD, and MBA from Columbia University, and an MA
and PhD in Clinical Psychology from Fordham University. He has
been on the faculty of Weill Cornell Medical College and on the
Attending Staff of New York Presbyterian Hospital for 30+ years.
Visit The Forensic Psychology Group.
http://www.forensicpsychologyexperts.com
The right experts make a real difference.
_________________________________________________________________
6. Headlines

(a) California Economist Releases Immigration Study

The study found comprehensive immigration reform, that includes
legalization and flexible future visa programs, will result in
$1.5 trillion in economic growth during a 10 year-period.

(b) Haiti Earthquake: Call To Let Haitians In US Illegally Stay

But some are pressing for some 30,000 Haitians in the US
illegally to be given 'temporary protection status'.

Passengers aboard non-commercial aircraft bringing aid to and
evacuating people from Haiti that are making a technical stop or
transiting through Canada's airports temporarily will not require
a visa, Citizenship, Immigration and Multiculturalism Minister
Jason Kenney announced today.

(d) Children Pay High Price In Our Fight Over Immigration

And no matter how we feel about undocumented immigrants, we need
to remember the innocent chidren whose lives are affected every
day by the lack of progress toward reforming immigration
regulations.

For links to the above stories see here:
http://www.ilw.com/immigrationdaily/digest/2010,0115.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) New Event - San Diego, CA
'Birth Rates and Border Crossings: The Demographic Push Behind
Emigration in the Americas', 2:00-5:00 p.m., Tuesday, February
10, 2010, Eleanor Roosevelt College Admin. Bldg., Conference Room
115, First Floor, University of California, San Diego
http://ccis.ucsd.edu/2010/02/gordon-hanson-birth-rates-and-border-crossings-the-demographic-push-behind-emigration-in-the-americas/.
Contact Ana Minvielle, aminvielle@ucsd.edu, (858)
822-4447 for more info.
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigrationdaily/archives.shtm

(a) Dear Editor:
I know of many non-immigration attorneys who would likely be
willing to take on one or two free TPS cases if they had a primer
on how to do it (see 01/14/10 ID comment). Would ILW.COM consider
publishing a simple "TPS Crash Course" in PDF format?
Chad Van Cleave, Esq. Cameron, TXEditor's note:
We think this is a wonderful suggestion and invite attorneys to
submit an Article for consideration on this topic for publication
in Immigration Daily.

(b) Dear Editor:
The American military has had to intervene repeatedly in Haiti,
most recently in the mid-1990s and in the mid-2000s, to provide
police functions, among other things (see 01/14/10 ID comment).
Why is Immigration Law Daily publishing fascist propaganda
uncritically, when it has a policy of censoring or altering
letters to the Editor that it does not agree with?
John Wheat Gibson, Esq. Dallas, TXEditor's note:
We edit letters to the Editor for length, barnyard language,
copyright, and libel issues. We have never censored or altered
letters for reasons other than the afore mentioned, while
reserving the right to edit letters for other reasons that may
come up in the future.

(c) Dear Editor:
Does anyone out there seriously believe President Obama's
"promises" on CIR anymore? After all, this a guy who publically
stated on at least six or seven occassions that final health-care
legislation negotiations would be televised on C-SPAN. This will
not be happening. President Obama also stated that the bank
bailout, through brilliance of design and flawlessness of
execution, would not only pay for itself, but would also result
in profits for the U.S. taxpayers. Now a special tax has proposed
to shake down banks (admittedly, not the most sympathetic
constituency) to pay for the bank bailout. And the "jobs created"
(or is it jobs saved? It's hard to keep track) by the "stimulus"
issue is just too comical to discuss. Was it Joseph Stalin who
once said that the greater the lie, the more likely people will
believe it? When noting this divergence between rhetoric and
reality, who is willing to bet the house on President Obama
moving political heaven and earth on CIR before 2011, a non-
election year?
Brandon Meyer, Esq. Solana Beach, CA

(d) Dear Editor:
Thank you for ID's comment (01/14/10) encouraging immigration
lawyers to offer reduced-fees or no-fee assistance to Haitian
applicants for TPS. As ID pointed out this can be our way of
contributing and I intend to do it when TPS for Haitians opens.
Janis Peterson-Lord, Esq. Long Beach, CA

(e) Dear Editor:
Responding to ID's 01/14/10 comment, "We believe that the
President will either have to scale back the efforts in the wars
under way or activate some reserves. In other words, the Haitian
tragedy is an American one too - our options in Iraq and
Afghanistan will be constrained by the earthquake." ... What ID
failed to notice or include what is even required by law in
engineering and commonly and known as a FS or "factor of safety"
and I expect the president has innumerable other resources you do
not yet comprehend.
Eric

(f) Dear Editor:
Haitian are really in the need of help in Haiti and in the US
ID's (01/14/10 comment). So Haitians can have jobs, drivers
licenses, and be able to support their families back home.
Jesus Duran
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 01:32 PM | Permalink | Comments (1) | TrackBack (0)

Jan 08, 2010

Jan 8 - Championing CIR

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

January 8, 2010

http://www.ilw.com/immigdaily/digest/2010,0108.shtm

Items:
1. Comment: Championing CIR
2. Focus: The Nurse Immigration Book
3. Articles:
    (a) Bloggings On Updates In Immigration Law by Carl
    Shusterman
    (b) Immigrant Of The Day: Jorge Sactic-Espana (Don Jorge) of
    Guatemala by Kevin R. Johnson
    (c) Bloggings On Nurse And Allied Health Immigration by
    Christopher T. Musillo
4. News:
    (a) CRS Report On Farm Labor Shortages And Immigration Policy
5. Classifieds:
    (a) Help Wanted - Immigration Paralegals
    (b) Help Wanted - Immigration Attorneys
    (c) Help Wanted - Immigration Attorney
    (d) Translation Services
    (e) Co-Counseling Offered
    (f) I-9 E-Verify Compliance
6. Headlines:
    (a) Immigration Reform Would Boost US Economy
    (b) An American Dream Gone To Pot
    (c) General Dynamics Adds New DHS Data Center
    (d) Bloomberg Vows To Fight For Immigration Reform
7. ComingsNGoings:
    (a) Share Your Professional News
8. Letters From:
    (a) David D. Murray, Esq.
    (b) Sergi Sheplov
    (c) Rockurob
    (d) Jim Roberts

http://www.ilw.com/immigdaily/digest/2010,0108.shtm

Championing CIR

Reuters
http://www.reuters.com/article/idUSTRE6000ZJ20100101
reports that, at the inauguration of his third term, New York
City Mayor Michael Bloomberg pledged to promote CIR. "We're
committing what I call national suicide, somehow or other, after
9/11 we went from reaching out and trying to get the best and the
brightest to come here, to trying to keep them out. In fact, we
do the stupidest thing, we give them educations and then don't
give them green cards."

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

The Nurse Immigration Book

The table of contents of this definitive work edited by Joseph
Curran and Daniel Berger is as follows:

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

II. PREPARING AN IMMIGRATION CASE:

++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
Holman
++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

III. UNDERSTANDING THE NURSING CRISIS:

++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

IV. RECRUITING AND RETAINING NURSES:

++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
Rutherford-Olds

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

For more info, and to order, please see here.
http://www.ilw.com/store/NurseImmigration.shtm
For the fax order form, see here.
http://www.ilw.com/store/NurseImmigration.pdf
_________________________________________________________________
3. ARTICLES

(a) Bloggings On Updates In Immigration Law

Carl Shusterman writes "I hope this will inspire the CBP to
better train its officers, to treat immigrants with respect and
to open the lines of communication with immigration attorneys."
http://www.ilw.com/articles/2010,0108-shusterman.shtm
http://shusterman.com/firm-bio.html

(b) Immigrant Of The Day: Jorge Sactic-Espana (Don Jorge) of
Guatemala

Kevin R. Johnson celebrates the achievement of an unusual baker.
http://www.ilw.com/articles/2010,0108-johnson.shtm
http://www.ilw.com/articles/2010,0108-johnson.shtm#bio

Christopher T. Musillo writes "Rep. Gutierrez, who introduced CIR
ASAP in December, heads the CHC. His CIR ASAP contains many
measures that are friendly to the immigration of healthcare
professionals."
http://www.ilw.com/articles/2010,0108-musillo.shtm
http://www.ilw.com/articles/2010,0108-musillo.shtm#bio

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

(a) CRS Report On Farm Labor Shortages And Immigration Policy

The Congressional Research Service released its report on "Farm
Labor Shortages And Immigration Policy".
http://www.ilw.com/immigdaily/news/2010,0108-crs.pdf
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted - Immigration Paralegals
Reston, VA - Goel & Anderson, LLC,
http://www.goellaw.com
a prominent business immigration law firm, has challenging,
rewarding, and stable career opportunities for immigration
professionals. Due to the sustained growth of our practice, we
currently have multiple openings for experienced corporate
immigration paralegals. 3+ years of business immigration
experience (NIV and IV) with top-tier immigration practice or in-
house corporate immigration department desired. Experience with
corporate immigration compliance and/or global immigration
matters is a plus. Extensive client contact involved.
Undergraduate degree, excellent organizational and communication
skills (both written and oral), and the ability to work
independently in fast paced environment required. Goel &
Anderson offers highly competitive salaries + outstanding
benefits. Qualified candidates invited to apply with resume +
cover letter to mailto:careers@goellaw.com. All submissions kept
strictly confidential. No phone calls please.

(b) Help Wanted - Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorneys with 3+ years demonstrated experience in
immigration law for the Transformation Division. Serve as advisor
to the Special Counsel for Transformation, Chief of the
Adjudications Law Division, the Chief Counsel, and to
Transformation Integrated Product Teams on issues relating to
U.S. immigration laws. J.D. degree, active bar membership, 3+
years of post-J.D. experience required. This job is being filled
by an alternative hiring process and is not in the competitive
civil service. For full details enter COU-CIS-2009-0011 here.
http://www.usajobs.com/
Applicants must submit (1) writing sample (10 pps. max) (2)
resume (3) cover letter, to mailto:Patrick.Kernan@dhs.gov. All
submissions must be received by 5pm EST January 8, 2010.
GS-13/14/15. Position open until filled. No relocation allowance
offered.

(d) Translation Services
Certified translations by Legal Language Services in 157
languages have helped immigration attorneys throughout the United
States for more than 25 years. Legal Language translates birth
and marriage certificates, academic degrees, health records,
employment information and other documents needed for immigration
proceedings. Legal Language meets all USCIS translation
requirements. Legal Language also offers consecutive and
simultaneous interpreting, as well as certified transcription, in
support of immigration proceedings. Rush service, including same
day service, is available for a slight additional fee. For a free
consultation or for more info: call 1-800-788-0450 or email
mailto:immigration@legallanguage.com or visit us at
http://www.legallanguage.com/lp/immigrationtranslation/. In
addition, Legal Language seeks experienced immigration attorneys
to contribute to our blog and respond to questions from visitors
to our site. mailto:immigration@legallanguage.com to discuss
further.

(e) Co-Counseling Offered
Practitioners with challenging extraordinary ability cases or any
other complex immigration cases including appeals, may wish to
co-counsel with PJ Patel, an attorney experienced in O, EB-1,
NIW, and any complex matters for many years. Mr. Patel is known
for his compilation of the INA, 8 CFR & 20/22/28 CFR for the past
25+ years. For more information, see his website at
http://www.immigrationbypatel.com
Mr. Patel can be reached at mailto:pjpatel@immigrationbypatel.com
212-279-3230. All cases will be kept in strict confidence.

(f) I-9 E-Verify Compliance
What do top labor & employment firms, leading I-9 experts, and
over 3,000 worksites across the U.S. all have in common about
their I-9 and E-Verify compliance strategy? They all selected
Guardian from LawLogix. Guardian is a state-of-the-art fully
integrated I-9 and E-Verify system that provides organizations
with a platform to create, store, and easily manage secure
electronic and error checked I-9's and E-Verify results. As one
of the first federally certified E-Verify web services designated
agents, LawLogix boasts a nine year track record, successful
migration of over half a million paper I-9s into Guardian,
unmatched data security, and cutting edge features to assist
organizations with state and federal compliance (e.g., FAR
Executive Order 13465). Guardian offers a systematic approach to
the reduction of compliance risks including the migration of pre-
existing I-9s using our SureConvert(sm) technology (the automated
digitizing and transcription of old I-9s), real-time error
checking of new electronic I-9s, and data integration with
current HRIS systems. The results are tangible: time-saved, fewer
fines paid, and significant reductions in compliance & reputation
risks. Visit us online at http://www.lawlogix.com
email mailto:i9sales@lawlogix.com or call today 602-357-4240 ext.
7150 to sign-up under our money back guarantee or to request your
Private VIP demo.
_________________________________________________________________
6. Headlines

(a) Immigration Reform Would Boost US Economy

Conducted by a U.C.L.A. economist and released by the Immigration
Policy Center and the Center for American Progress, a nonpartisan
research institute based in Washington, the study argues that if
comprehensive immigration reform were passed it would result in
higher wages, which would lead to a rise in consumption that, in
turn, would create more jobs and generate more tax revenue.

(b) An American Dream Gone To Pot

Should legal immigrants be deported for drug possession? The
Supreme Court will decide.

General Dynamics has opened a new data center in Colorado to
support its work for the Department of Homeland Security.

(d) Bloomberg Vows To Fight For Immigration Reform

Mayor Michael Bloomberg took his oath of office for his third
term Friday, and pledged to focus on immigration policy with the
same tenacity he had when he took on the campaign against illegal
guns during his second term.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2010,0108.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
My heart goes out to Mexicans, who have been victims of their own
country's corrupt government since the time Mexico became a
democracy. However, the trailer to the documentary film "The
Other Side of Immigration," does little, if anything to further
the cause of immigration for anyone. It does draw attention to
the reasons poor Mexicans come to the US. The end of the movie
trailer a woman says, "... nobody wants to be far away from their
family. but the necessity, the circumstances . . ." And a man
says, "It is a necessary evil, without this evil we can't
survive. Coming to the US an "evil"? Interesting slant. I think
this sums up several things, the most outstanding being, (1)
Mexicans come north for jobs, not for love of the US; (2) Many
illegal Mexican men have no intention of assimilating, intending
to return to Mexico one day to be with their families; (3) If US
employers would not hire undocumented aliens, they would stop
coming; (4) Any immigration reform needs heavy employer
sanctions, an employment authorization verification system, and
criminal penalties for both undocumented workers and employers.
As it is today, the system of illegal immigration is treated with
a wink and a nod. Employers know that there is little likelihood
of getting caught, and they are correct, unless they are a large
employer. Small businesses and households can get away, with
impunity - even landscape firms and janitorial services, who
routinely hire illegal Mexicans in Southern California - take the
ones who work cleaning my office for instance... and the office
of every other lawyer, doctor, corporate president, Indian and
chief. I will venture to guess even the janitors who clean the
Federal Buildings have illegals working for them.
David D. Murray, Esq. Newport Beach, CA

(b) Dear Editor:
I could not agree more with Roberts' letter's (01/06/10 ID)
statement "that citizens and US interests need to be considered
over those of migrants." This is what I have been saying all
along when I speak of Mixed Status Families that contain US
Citizens AND Foreign nationals who are currently separated by
draconian provisions of US Immigration Law. There can be no
benefit to having a US Citizen Spouse and children forced to live
in emotional turmoil and economic deprivation. Reforming our US
Immigration Laws to reflect the principals established by often
quoted forefathers such as Jefferson who said,"If [God] has made
it a law in the nature of man to pursue his own happiness, He has
left him free in the choice of place as well as mode, and we may
safely call on the whole body of English jurists to produce the
map on which nature has traced for each individual the
geographical line which she forbids him to cross in pursuit of
happiness." The laws which cause extended and unconscionable
separation for countless families who are natives of the US are
wrong headed and immoral. Jefferson also said ""Questions of
natural right are triable by their conformity with the moral
sense and reason of man." Everyone knows that it is natural and
right for a nuclear family to live in the same country. This
neither makes me an "open borders enthusiast nor an advocate of
lawlessness, but simply a compassionate pragmatist. I see no
benefit to our society in excerbating the misery of families in
such situations nor a moral basis for the draconian provisions I
continue to advocate against.
Sergi Sheplov

(c) Dear Editor:
Regarding ID comment Trillion Dollar Stimulus (01/07/2010 ID): I
am not sure this works. For California is in money trouble, about
to go broke and California probably had more immigrates
legalized than most states at that time.
Rockurob

(d) Dear Editor:
Responding to (01/07/10 ID) Comment and Letters, the "study" is
more of a wish list of mass entry enthusiasts than objective.
What would you expect from one named Raúl Hinojosa-Ojeda, an
associate professor with the radical UCLA Department of Chicana
and Chicano Studies? FAIR's Ira Mehlman was correct in saying:
"that even with legal status, many immigrants would continue to
work in low-wage jobs, meaning their tax revenue wouldn't make
much of a difference to the economy. Also, legalization would
flood the labor market and drive down wages rather than increase
them. They are trying to portray this as an economic shot in the
arm but I am not sure the American public is going to buy it."
The San Antonio News article on this "study" quoted Rep. Lamar
Smith, ranking Republican on the House Judiciary Committee, which
has jurisdiction over immigration laws, as saying: "illegal
immigrants take jobs from American workers, particularly poor and
disadvantaged citizens and legal immigrants. With 15 million
Americans out of work, it's hard to believe that anyone would
give amnesty to 12 million illegal immigrants and the research
actually bolstered the argument by conservatives who oppose
legalization for unauthorized immigrant as the jobs illegal
immigrants occupy belong to citizens and legal immigrants and
even the study admits that the best outcome for American low-
skilled workers is the removal of the illegal population." The
letter of L. Cogill (01/05/10 ID) describes the kind of family
that normally would be quickly welcomed with limited entry
policies but becomes lost in the chaos that results from present
mass entry and it's apologists. The Algase letter deceptively
diverts this deserved blame to anti-immigrant hate, bigots,
prejudice, xenophobes and hypocrisy.
Jim Roberts
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 02:28 PM | Permalink | Comments (0) | TrackBack (0)

Jan 7 - Trillion Dollar Stimulus

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

January 7, 2010

http://www.ilw.com/immigdaily/digest/2010,0107.shtm

Items:
1. Comment: Trillion Dollar Stimulus
2. Focus: THE PERM BOOK
3. Articles:
    (a) USCIS Grappling With The Right Of A Corporation To
    Petition For Its Owner For An H-1B Visa by Cora-Ann V.
    Pestaina
    (b) The Goal Is Freedom: Workers Of The World Unite For A
    Free Market by Sheldon Richman for the Foundation For
    Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4. News:
    (a) USCIS Issues QAs On Vaccination Requirements
    (b) USCIS Issues QAs On Removal Of HIV From CDC List
5. Classifieds:
    (a) Help Wanted - Immigration Paralegals
    (b) Help Wanted - Immigration Attorneys
    (c) Help Wanted - Immigration Attorney
    (d) Translation Services
    (e) Website Services
6. Headlines:
    (a) Reshaping Politics
    (b) Top Bishop Calls For Immigration Reform
    (c) 2010 Could Be Democrats' Last Chance For Change
    (d) Court Hears Immigration Law Case
7. ComingsNGoings:
    (a) New Partner
8. Letters From:
    (a) Roger Algase, Esq.
    (b) Roy Germano

http://www.ilw.com/immigdaily/digest/2010,0107.shtm

Trillion Dollar Stimulus

Los Angeles Times
http://www.latimes.com/news/local/la-me-immig7-2010jan07,0,5871672.story
reports on a study out of UCLA that estimates the economic impact
of CIR. "The report said that legalization, along with a program
that allows for future immigration based on the labor market,
would create jobs, increase wages and generate more tax revenue.
Comprehensive immigration reform would add an estimated $1.5
trillion to the U.S. gross domestic product over 10 years,
according to the report."

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

THE PERM BOOK

THE PERM BOOK, 2nd Edition is shipping now. The book outline is
as follows:

PART I. PERM RULE, ANALYSIS, AND COMMENTS

A.;PERM Regulation
B.;Articles by PERM Writers
++656.1 Preparing PERM for 2nd and 3rd Preference by David
Nachman and Ludmila Zimovcak
++656.3 SVP: Discrepancies between the O*Net and the DOT by Lori
S. Melton
++656.3 The Method By Which the Bureau of Labor Statistics
Converted
the DOT Occupations into the OES Occupational Units or "Here's
Another Nice Mess You've Got Us Into
by Barbara Brandes
++656.10(a)-(c) The Basics of Labor Certification Under PERM :
What
You Need to Know Before You Start
by Jeffrey Devore
++656.10(b) Rights and Obligations of Attorney and Agents Under
PERM by Nancy-Jo Merritt
++656.10(c) Dangers in the Attestation Process by Ramon Carrion
++656.10(c)(10) What is "Permanent" and "Full-Time" Employment by
Timothy Spridgeon
++656.10(d), (e) Deconstructing PERM Notice Requirements by Susan
J. Cohen
++656.10(f) Preparation of PERM Recruitment Report and Supporting
Documentation
by Carl Shusterman and Alison Walters
++656.11 Is Employer "Substitution" Under PERM Dead? by Christian
Allen
++656.12 Prohibition on Payment of Attorney's Fees by Paull
Hejinian
++656.15(a)-(c) Step-by-Step for Schedule-A Applications by
Sherry Neal
++656.15(d) Aliens of Exceptional Ability in the Performing Arts
by Howard Kushner
++656.17(a)-(d) Filing, Withdrawing, Refiling, and Tracking PERM
Cases by Katherine Lopez Ley and Davis Bae
++656.17(e)(1)(B)(1)(4) Professional and Trade Journals Under
PERM by Nathan Waxman
++656.17(e)(1)(I) Regular Recruitment by Nancy-Jo Merritt
++656.17(e)(ii) PERM Labor Certification Professional Recruitment
Steps by Edwin R. Rubin
++656.17(e)(l)(ii)(A) Note on Online Job Fairs by David Nachman
++656.17(g)(1) Regarding Recruitment Reports by Leon Wildes and
David Lazaar
++656.17(g)(2) Ethics: What Do you Do When A Qualified US
Worker Applies?
by Blake Chisam
++656.17(h)(1) Business Necessity: "Necessary Arguments" by Sofia
Zneimer
++656.17(h)(3) Combination of Occupations under PERM by Nathan
Waxman
++656.17(h)(4)(ii) The Impact of PERM On Experience Gained on the
Job and Alternative Experience
by Nathan A. Waxman
++656.17(h) Requiring a Foreign Language under PERM by Cyrus D.
Mehta
++656.17(i) Nuts & Bolts: Actual Minimum Requirements &
Experience Gained on the Job
by Rohit Turkhud
++656.17(i)(3) In-Job Experience: Why we Need it and How We Can
Still Get it
by Gary Endelman
++656.17(k) How Do Layoffs Affect PERM? by Margaret McCormick and
Patricia Luna
++656.17(l) As If You Owned the Place…Alien Influence and Control
Over the Labor Certification Process
by Robert E. Banta and Benjamin M. Lowe
++656.18 College and University Professors: A Hybrid Between
Special Handling and PERM
by Victoria Donoghue
++656.19 Domestic Workers: At Home and on the Range by Susan L.
Brady
++656.20 How PERM Cases are Selected for Audit by Christina B.
LaBrie
++656.20(c) Requesting Extensions of Time to Respond to Audit
Requests
by Jonathan Amdur and Susan Anderson
++656.24 The Who What When Where of Labor Certification
Determination
by Rebecca Sigmund
++656.24(b)(2)(i) What You Do After the Ads Have Been Run?
Resumes, Interviews, and Results
by Edwin R. Litwin
++656.26 Appeals/Requests For Review Under PERM by Joan Mathieu
++656.27 Preparing Requests for Review with BALCA by Mitchell L.
Wexler and J. Ira Burkemper
++656.30-31 Fraud, Misrepresentation, Validity, Invalidation and
Revocation
by Richard Tasoff
++656.32 Revocation of Labor Certification by Michael Piston
++656.40-41 Prevailing Wage Determinations Under PERM by Lawrence
Rudnick
C.;Editor's Comments to the PERM Rule

PART II. FAQ, STAKEHOLDER & LIAISON MEMORANDA

A.;Frequently Asked Questions (FAQ) by Lawrence Rudnick
B.;Summary of DOL PERM Stakeholders Meetings by Lorna Rogers
Burgess
C.;Frequently Asked Questions

PART III. ETA FORMS, OLD AND NEW

A.;The New 9089 PERM Form by Linda Rose
B.;What DOL told OMB about PERM by Jay Solomon
C.;New ETA Form 9089 and Instructions, Application for Permanent
   Employment Certification
D.;Old ETA Form 9089, Application for Permanent Employment
   Certification
E.;Old ETA Form 9089, Instructions
F.;Old ETA Form 9089 Electronic Filing Instructions
G.;ETA Form 750A
H.;ETA Form 750B
I.;ETA Form 750 A and B, Instructions
J.;ETA Form 9127, Foreign Labor Certification (FLC) Quarterly
   Activity Report

PART IV. ROADMAPS AND CHECKLISTS

A.;Overview of PERM Cases
B.;Overall PERM Flow Chart
C.;Employer Checklist
D.;Alien Checklist
E.;Job Offer Checklist
F.;Attorney/Agent Checklist
G.;Prevailing Wage Preparation Checklist
H.;Prevailing Wage Quick Guide
I.;;Recruitment Checklist
J.;Express SVP Checklist
K.;PERM Audit Checklist: 10 Important Points
L.;Real and Virtual PERM Addresses
M.;What do PERM and H-1B Visas Have in Common?
N.;Attorney Competency Self-Test
O.;Sample PERM Cases
++Job Zone Five, IT Director
++Job Zone Five, Economist
++Job Zone Four, Consultant, Foreign Law
++Job Zone Four, Accounting Coordinator
++Job Zone Three, Tile Installers Coordinator

PART V. BALCA HANDBOOK

A.;Introduction to BALCA by Joel Stewart
B.;BALCA PERM Quick Reference Guide by Joel Stewart
C.;BALCA En Banc Quick Reference Guide by Joel Stewart
D.;BALCA Hearing Procedures

PART VI. FEDERAL LITIGATION GUIDE

A.;Introduction to Federal Court Litigation by Sam Udani
B.;Exhaustion of Administrative Review by Michael E. Piston
C.;Federal Court Litigation-PERM by David B. Pakula
D.;Sample Pleading by Michael E. Piston

PART VII: PREVAILING WAGE REVIEW

A.;Prevailing Wage Survey & Overview by Jane Goldblum
B.;Wage Worksheet Simple Systems 1 by Jane Goldblum
C.;Wage Worksheet Simple Systems 2 by Jane Goldblum
D.;656.40 Perm Reg. Determination of PW
E.;656.41 Perm Reg. Certifying Officer Review of PW
F.;Prevailing Wage FAQ
G.;Appendix A By Alphabetical Order
H.;Appendix A By SOC Classification Order

PART VIII: SWA SUMMARY STATE BY STATE

All 50 states + 4 territories (Guam, District of Columbia, US
Virgin Islands, and Puerto Rico)

PART IX: PERM RESOURCES ON CD-ROM

A.;SOC Structure
B.;SOC Definitions
C.;SOC 2006 Changes
D.;Background On Development Of Appendix A
E.;Stratifying Occupational Units By SVP
F.;NAICS 2002 Codes And Titles
G.;NAICS Codes And Titles - 2007 Revisions
H.;Latest OES Wage Data - MDB file
I.;;2008 OES Wage Data Structure
J.;Latest OES Wage Data - Statistical Area Definitions
K.;Appendix A By Alphabetical Order
L.;Appendix A By SOC Classification Order
M.;Darby v. Cisneros
N.;Lawyers Guide To 212(a)(5)(A) By Gary Endelman
O.;BALCA Hearing Procedures
P.;BALCA En Banc Cases From 1987
Q.;Occupational Projections And Training Data
R.;Occupational Outlook Handbook
S.;Federal Register Notices On PERM
T.;Prevailing Wage Determination Policy Guidance
U.;What DOL Told OMB About PERM By Jay Solomon
V.;ETA Forms Old And New
++New ETA Form 9089 and Instructions, Application for Permanent
Employment Certification
++Old ETA Form 9089, Application for Permanent Employment
Certification
++Old ETA Form 9089, Instructions
++Old ETA Form 9089 Electronic Filing Instructions
++ETA Form 750A
++ETA Form 750B
++ETA Form 750 A and B, Instructions

For more info or to place your order, please see here.
http://www.ilw.com/store/thepermbook.shtm
For the fax document, see here.
http://www.ilw.com/store/thepermbook.pdf
_________________________________________________________________
3. ARTICLES

(a) USCIS Grappling With The Right Of A Corporation To Petition
For Its Owner For An H-1B Visa

Cora-Ann V. Pestaina writes "In order to make an accurate
assessment of these types of petitions, adjudicators ought to
examine the entire petitioner-beneficiary relationship on a case
by case basis, and to determine whether the beneficiary will
indeed be working in the H-1B specialty occupation."
http://www.ilw.com/articles/2010,0107-pestaina.shtm
http://www.cyrusmehta.com

(b) The Goal Is Freedom: Workers Of The World Unite For A Free
Market

Sheldon Richman for the Foundation For Economic Education writes
"Therefore the solution is not further government intervention,
as the progressives want, but repeal of privileges, subsidies,
licenses and the rest of the sources of political advantage that
protect the well-connected at the expense of the rest of us."
http://www.ilw.com/articles/2010,0107-richman.shtm
http://fee.org/

Greg Siskind writes "The movement embraces a lot of issues and
I'm pleased to see liberalizing immigration policies in the
technology sector among the issues on the movement agenda."
http://www.ilw.com/articles/2010,0107-siskind.shtm
http://www.visalaw.com/

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

(a) USCIS Issues QAs On Vaccination Requirements

USCIS issued questions and answers providing basic information
about the general vaccination requirements for immigrants
(including individuals seeking adjustment of status).
http://www.ilw.com/immigdaily/news/2010,0107-vaccination.pdf

(b) USCIS Issues QAs On Removal Of HIV From CDC List

USCIS issed questions and answers providing information about the
change in law made by the Department of Health and Human Services
(HHS), Centers for Disease Control and Prevention (CDC) that
removed HIV infection from the list of communicable diseases of
public health significance.
http://www.ilw.com/immigdaily/news/2010,0107-hiv.pdf
_________________________________________________________________
5. CLASSIFIEDS

(c) Help Wanted - Immigration Attorney
Los Angeles, CA - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorney for the position of Associate Regional
Counsel, 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. J.D. degree, active
bar membership, 2+ years of post-J.D. experience required. For
full details enter COU-CIS-2009-0010 here.
http://www.usajobs.com/
Applicants must submit (1) writing sample (10 pps. max) (2)
resume (3) cover letter, to mailto:kelli.duehning@dhs.gov. All
submissions must be received by close of business on January 8,
2010. GS-13/14/15. Position open until filled. No relocation
allowance offered.

(d) 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.
http://eurasia-usa.com
For a free quote, please complete
http://www.eurasia-usa.com/quoteRequestForm.html
or fax your document at 818-907-9763.

(e) Website Services
Gain the competitive edge with your new website from INSZoom, the
world's largest immigration software company. Choose from a range
of template websites, complete with customized logos and images,
60-70 pps. of professionally written immigration law content
including news articles, processing dates, and priority times
posted directly on your site. Our search engine optimization
tools will increase your web traffic and prioritize your site in
the major search engines. Our content management tool lets you
update your site in real time. Customized intake sheets let you
integrate your case management software directly into your site.
Biweekly newsletters and email blast tools enable you to stay in
constant touch with current clients and strengthen your potential
client base. Build leads and maintain a professional presence at
a reasonable cost with websites from INSZoom. Learn more online
at http://www.inszoom.com/websites
or contact a sales representative at (925) 244-0600 to start the
process of launching your new website today.
_________________________________________________________________
6. Headlines

(a) Reshaping Politics

We can confidently predict one finding. America's Hispanic
population, which is expected to come in at almost 16% of the
total, will have overtaken its black population, likely to be put
at around 2.5 percentage points less.

(b) Top Bishop Calls For Immigration Reform

Utah's top Roman Catholic leader joined a New York colleague
Wednesday in launching a nationwide campaign urging Catholics to
press for comprehensive immigration reform this year.

Though moderate Democrats are expected to be extra cautious in
supporting their party's agenda this year because of the
political peril they face at home, the likelihood that 2010 will
be the party's last best shot at passing the reforms President
Obama campaigned on could make this year a veritable derby of
"change" legislation.

(d) Court Hears Immigration Law Case

The City of Fremont on Thursday asked the Nebraska Supreme Court
to allow it to block an anti-illegal immigration ordinance before
it can go to voters for approval.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2010,0107.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) New Partner
Fragomen, Del Rey, Bernsen & Loewy, LLP is pleased to announce
the election of Patrick Shen to partner. Patrick Shen is
Fragomen's Director of Global Compliance and a senior member of
the firm's Corporate Compliance Committee. In this capacity, he
works with U.S. and multinational clients in maintaining
compliant immigration programs. www.fragomen.com
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
Back in the old days, anti-immigrant hate was crude, but at least
it was open. If you were an Irish immigrant, you were "planning
to turn America over to the Pope". Jewish? Then you must have
been part of the "international Jewish conspiracy to take over
the world", according to the infamous forgery, "Protocols of the
Learned Elders of Zion". Italian? Then of course you were an
"anarchist", Mafia member, or both. Mexican? Then "Manyana is
good enough for me", as the old song went. I won't even mention
the hate directed against Asian immigrants. All one has to do is
read certain US Supreme Court decisions from around the turn of
the last century. Now, in the 21st Century, anti-immigrant hate
has become more "polite", but for that reason more insidious. It
is now masked in the form of supposedly neutral "scholarly
papers", such as the article by David North of the Center for
Immigration Studies entitled in part: "The Stalled Progress of
Recent Immigrants' Children".(01/05 ID). According to this
allegedly "objective" study, immigrants' children have high rates
of failure at school, start sexual activity at a younger age
(horrors! teenage sex? Oh no!), are stuck in poverty, etc., etc.,
the list goes on. But wait! These grim statistics do not apply to
the children of all immigrants, according to the article. The
children of white and Asian immigrants do just fine. It is only
the children of - yes, you guessed it - Spanish-speaking
immigrants who under-perform. Similar thinly disguised racism
masquerading as "scholarship" can be found in the library of
anti-immigrant hate books recommended in Jim Roberts' latest
letter (01/06/ID). It is almost enough to make one nostalgic for
the time when bigots had more guts and the xenophobes were less
hypocritical about their prejudices.
Roger Algase, Esq. New York, NY

(b) Dear Editor:
I thought ID readers may be interested to learn about my new
documentary film, "The Other Side of Immigration." A clip and
more information about this project can be found using Google.
Please help me spread the word about this film so that more
Americans understand why so many people (particularly people from
the Mexican countryside) migrate to the US without documentation.
Roy Germano
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 02:27 PM | Permalink | Comments (0) | TrackBack (0)

Immigration Daily Blog

Brought to you by ILW.COM

Copyright Notice

Archives

Immigration Daily Signup

Feb 05, 2010

Feb 5 - Creative Solution

Jan 26, 2010

Jan 26 - Haiti Is Not Humanitarian Crisis, It Is Our Crisis

Jan 25 - Paper Sons

Jan 22 - Capitalist Growth

Jan 21 - Angel Is 100

Jan 20 - Pass It On

Jan 19 - ILW.COM Tweets

Jan 15, 2010

Jan 15 - Varick Closing

Jan 08, 2010

Jan 8 - Championing CIR

Jan 7 - Trillion Dollar Stimulus