Immigration Daily Blog: December 2008

Jan 5 - Happy New Year

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

January 5, 2009

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

http://www.ilw.com/immigdaily/digest/2009,0105.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Happy New Year

Immigration Daily wishes you a joyous New Year.

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

PERM For Beginners

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

FIRST Phone Session on January 21: Understanding the PERM Process

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

SECOND Phone Session on February 18: Preparation of the PERM
Application

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

THIRD Phone Session on March 18: PERM Sticky Issues

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

The deadline to sign up is Tuesday, January 20th. For more info,
including speaker bios, detailed curriculum, and registration
information, please see: http://www.ilw.com/seminars/200902.shtm.
Fax version: http://www.ilw.com/seminars/200902.pdf.
_________________________________________________________________
3. ARTICLES

(a) Seeing Green In US Immigration Policy

Cyrus D. Mehta writes "Yet, it is time now to recognize that one
of the ways for the U.S. to breakout from this economic meltdown
is to be the world's greatest innovator in green technology."
http://www.ilw.com/articles/2009,0105-mehta.shtm
http://www.cyrusmehta.com/

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

Kevin R. Johnson recounts the stories of notable immigrants.
http://www.ilw.com/articles/2009,0105-johnson.shtm
http://lawprofessors.typepad.com/

(c) Bloggings on Dysfunctional Government

Angelo Paparelli writes "Tossing cynicism to the wind, I hereby
offer a few New Year resolutions for immigration officials to
consider adopting ..."
http://www.ilw.com/articles/2009,0105-paparelli.shtm
http://www.nationofimmigrators.com/

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

(a) Presidential Determination On Humanitarian Funding To
Congolese Refugees

President Bush authorized the funding of up to $6 million for the
unexpected urgent humanitarian needs related to the Democratic
Republic of Congo, Rwanda, and Uganda nationals.
http://www.ilw.com/immigdaily/news/2009,0105-congo.shtm

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

The Data Privacy & Integrity Advisory Committee issued
recommendations to the Secretary and the Chief Privacy Officer of
the DHS on options for verifying the EIN or otherwise
authenticating the employer in the E-Verify program.
http://www.ilw.com/immigdaily/news/2009,0105-Everify.pdf
_________________________________________________________________
5. CLASSIFIEDS

(a) EB-5 Business For Sale
US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing
Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt
or inventory included. To view pictures and an appraisal report,
see here. http://eb5opportunity.com/
To discuss further, contact Thomas Barnes at:
mailto:barnestb@earthlink.net or call 434-955-0595 (after 10 am
EST). All inquiries will be kept confidential.

(b) Immigration Law Certificate
Master the complex and ever changing maze of immigration policies
and regulations with the Immigration Law Studies Certificate
Program offered by CUNY's School of Professional Studies. This
graduate-level certificate program, consisting of (3) three-
credit classes, offers students who complete it a comprehensive
understanding of the laws, regulations, and processes surrounding
the status of immigrants in the US, including family and
employment-based immigration and deportation defense. It is
designed for individuals working in law firms, companies,
government agencies and nonprofit organizations where they
interact with immigrants and immigrant legal concerns on a
regular basis and would therefore benefit from greater knowledge
of the laws and regulations surrounding immigration. Beginning
this spring, the program is also being offered online. For more
information on class schedules, tuition and fees, course
applications and to register, see here.
http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP
_________________________________________________________________
6. Headlines

(a) Employer Enters Agreement on Immigration Compliance

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

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

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

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

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

(d) Local, National News Intertwine

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

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0105.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

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

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

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

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

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

(c) Dear Editor:
ID carried an interesting news link article complaining about the
treatment of Poles by CBP and ICE. The major contention of this
piece was that Poland, as a close ally of the U.S. in the War on
Terror, should have its citizens treated differently from
citizens of those countries that do not support the War on
Terror. Is it the Article's contention then that citizens of
countries that oppose the War on Terror, like Mexico, be treated
worse than citizens of those countries that support the War on
Terror. Since Mexico does nothing to support the War on Terror,
refuses to send troops to either Iraq or Afghanistan, and refuses
to increase its production of oil, should we discriminate against
Mexican citizens? So, therefore one supports discrimination
based on nationality? Also, I always thought ID supported illegal
immgration by Mexican citizens and that Mexican citizens were
victims of American racism, but based on this news link article,
ID seems to be supporting Poles over Mexicans. Interestingly the
complaints of the Polish citizens, who are white, seems to show
that American law is enforced evenhandedly against all
nationalities.
John Henderson
_________________________________________________________________
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 1999-2008 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 immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 12:14 PM | Permalink | Comments (0) | TrackBack (0)

Dec 31 - Pass It On

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

December 31, 2008

Items:
1. Comment: Pass It On
2. Focus: H-1B For Experts
3. Articles:
    (a) New To America by New2Usa
    (b) A Child Alone And Without Papers by Amy Thompson et al.
    for the Center For Public Policy Priorities
    (c) Immigrants Of The Week: Tariq Farid, Anna Friel, and Dani
    Rodrick by Greg Siskind
4. News:
    (a) DHS Announces Malta Joins Visa Waiver Program
5. Classifieds:
    (a) J-1 Visa Program
    (b) EB-5 Business For Sale
    (c) Case Management Technology
    (d) Credential Evaluation
6. Headlines:
    (a) Time To Build Trust On Immigration
    (b) Tactics Will Change, But Goals Of Immigration Reform
    Advocates Remain The Same
    (c) Conservatives Look To Flake To Rescue The Republican
    Party
    (d) President Bush Offers Advice To The GOP On Immigration
7. ComingsNGoings:
    (a) New Attorney
8. Letters From:
    (a) David D. Murray, Esq.
    (b) Mario Apuzzo, Esq.
    (c) Dave Chapman
    (d) Gladys C. Farris
    (e) Robert Gittelson
    (f) Robert Yang

http://www.ilw.com/immigdaily/digest/2008,1231.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

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

H-1B For Experts

ILW.COM is pleased to announce a new 3-part telephone seminar
series "H-1B For Experts" with discussion leader Karen Weinstock.
The curriculum is as follows:

FIRST Phone Session on January 14:

++Strategic considerations when first considering an H-1B case;
Should you even bother filing with the cap issues?
++When can we use multiple filings to get two bites at the cap?
++Discussion of advanced cap exempt strategies (previously
counted, employed AT a qualifying facility, higher education,
affiliated with, government or non-profit research, physicians,
concurrent employment).
++New cutting edge occupations and combination of occupations -
will they qualify for H-1B?
++Consulting companies H-1B and issues surrounding them: who is
really the employer?
++Self-employment on H-1B?!
++Strategic considerations for existing H-1Bs changing jobs or
employers
++Complex portability issues and change in job duties
++Strategic considerations beyond the H-1B towards green card
options and why it is important to plan in advance and consider
both

SECOND Phone Session on February 11:

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

THIRD Phone Session on March 4:

++Complex educational and work equivalency evaluations, degree
mismatch issues
++Problematic Occupations: Marketing Analyst, IT consultants,
specialty nurses, etc.
++Representing the H-1B employer in financial difficulty
++The impact of corporate reorganizations on H-1B statu
++How to deal with gaps in employment, including lay-offs, downsizing,
leaves of absence, resignations?
++Overview of options from H-1Bs to green cards; What to do when EB-3
visas are unavailable?
++Extending H-1B status beyond the normal six-year limit
including new rules and new policy interpretations
++Maintaining H-1B status vs. AOS portability with an EAD
++Complex travel problems on H-1B and AOS

The deadline to sign up is Wednesday, January 13th.
For more info, including speaker bios, detailed
curriculum, and registration information, please see:
http://www.ilw.com/seminars/200901.shtm. Fax version:
http://www.ilw.com/seminars/200901.pdf.
_________________________________________________________________
3. ARTICLES

(a) New To America

New2Usa provides information to immigrants on issues commonly
faced when adjusting to life in the US.
http://www.ilw.com/articles/2008,1231-new2usa.shtm
http://www.new2usa.com/

(b) A Child Alone And Without Papers

Amy Thompson et al. for the Center For Public Policy Priorities
write "What really happens to the estimated 43,0001 unaccompanied
undocumented children who are
removed from the United States?"
http://www.ilw.com/articles/2008,1231-thompson.pdf
http://www.cppp.org

(c) Immigrants Of The Week: Tariq Farid, Anna Friel, and Dani
Rodrick

Greg Siskind honors immigrants of the week.
http://www.ilw.com/articles/2008,1231-siskind.shtm
http://blogs.ilw.com/gregsiskind/

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

(a) DHS Announces Malta Joins Visa Waiver Program

DHS published notice in the Federal Register that Malta has been
added to the list of countries authorized to participate in the
Visa Waiver Program, effective December 30, 2008.
http://www.ilw.com/immigdaily/news/2008,1231-malta.shtm
_________________________________________________________________
5. CLASSIFIEDS

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

(b) EB-5 Business For Sale
US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing
Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt
or inventory included. To view pictures and an appraisal report,
see here. http://eb5opportunity.com/
To discuss further, contact Thomas Barnes at:
mailto:barnestb@earthlink.net or call 434-955-0595 (after 10 am
EST). All inquiries will be kept confidential.

(c) Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom
has a 99% customer retention rate. Use our forms with peace of
mind - 800+ updated within 24 hours of any new release, no
patches or downloads. E-File 20+ forms. Access your firm's online
database anywhere you have internet access. Client relationship
management tools, practice management tools, group calendaring,
emails, notes, reports, invoices, auto email alerts and
reminders, document storage and assembly. A library of
customizable questionnaires, letters and email templates
included. Online access for clients to check case status
included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
services: credit card processing, Outlook & QuickBooks
integration. One-time data entry and auto population into all
documents will save you time and reduce errors. Customizable to
support solo practitioners, mid-large law firms & corporations.
We teach you how to customize the software to fit your processes
and communication needs. Founded in 1999, INSZoom is a
profitable, financially sound company, employing 100+ engineers,
sales, and support staff. INSZoom is ISO 27001:2005 certified and
the "world's largest immigration software company", built with
flexible modules that allow you to manage and control technology.
To schedule a complimentary online demo, call 925-244-0600 or
email mailto:info@inszoom.com.

(d) Credential Evaluation
Do not order a foreign credential evaluation until you read this.
http://www.thedegreepeople.com
Career Consulting International offers credential evaluation of
your non-US degree. Fast service at low prices. Mention Immigration
Daily to receive 3-day rush service at no extra cost (reg. price $70,
rush service $70 = savings of $70). H1B and I-140 specialists.
Evaluations of 4 year degrees (72hr. rush service) only $70.00.
Also 3 year degrees combined with PGD, second degrees, or work
experience. Pay online. Toll-free fax/phone numbers. Our clients
say it better than we do: "I don't know what to say but you
changed my life. In a place that others failed you came and with
your evaluation... I just got approved to my I-140." "I'd like to
thank you for your services in evaluating my educational
documents. You helped me in a difficult situation and through
extensive research you were able to get results that other,
"bigger" agencies were unable to achieve".
http://www.thedegreepeople.com/testimonials.html
to see more testimonials. Free consultation. Call today toll free:
1.800.771.4723
_________________________________________________________________
6. Headlines

(a) Time To Build Trust On Immigration

If Janet Napolitano had her way, the nominee to head Homeland
Security would take a two-track approach to solving America's
illegal immigration problem.

(b) Tactics Will Change, But Goals Of Immigration Reform
Advocates Remain The Same

Rep. Lance Kinzer, the Olathe Republican who sponsored a
comprehensive immigration reform bill that failed to make it
through the 2008 Legislature, said lessons learned during that
campaign will guide his latest effort to crack down on illegal
immigration.

(c) Conservatives Look To Flake To Rescue The Republican Party

Jeff Flake is positioning himself as Arizona's Republican
maverick for the future.

(d) President Bush Offers Advice To The GOP On Immigration

During a speech to the American Enterprise Institute, President
Bush gave advice to the Republican Party: "Tone down the "anti"
rhetoric in the immigration debate, which soured many Hispanics
toward the GOP".

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2008,1231.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

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

(a) New Attorney
Reina & Bates Immigration Law Group is pleased to announce that
Robert D. Kershaw has joined the firm. Mr. Kershaw continues his
H-2B/H-2A visa practice. www.reinalaw.com.
_________________________________________________________________
8. LETTERS

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

(a) Dear Editor:
In response to Jim Robert's letter (12/29/08 ID), I agree that
focusing on the empathetic approach to illegal immigration serves
no real purpose. As a nation of laws, all present with our
borders must respect the law, including illegal immigrants. That
they have flaunted the law for the more than twenty years since
the Amnesty of 1986, continually asking, "When will the next
Amnesty be?," should not be rewarded with a blanket Amnesty as in
1986 and the answer should be, "Never, and don't flaunt our
laws." That being said, our laws, in the venacular of youth,
"Suck." It is time to change them to adapt to the needs of US
employers who need both temporary and permanent labor "to do the
jobs American will not do". As to California, mentioned in Mr.
Roberts's letter, whose Gross Domestic Product is within the top
six in the world, with no army to support, I, as a California
resident for 38 years, can only say to the California
legislature, shame, shame. Shame for letting the budget get away
from you for decades; but, as Mr. Robert's letter infers, don't
blame illegal immigrants, blame wreckless and irresponsible
spending, administration after administration, Republican and
Democrat, with legislators sucking of the teat of the government
to such excess as to be unfathomable. It is time to stop
wasteful porkbarrel governmental spending, pandering to lobbiests
and their perks. The financial crisis in which the world today
finds itself is a monument to greed and incompetence. What can we
expect now that goverments have been found impotent and corporate
leaders found corrupt? Is doomsday around the corner? If so,
the debate over immigration seems moot. Happy New Year.
David D. Murray, Esq. Newport Beach, CA

(b) Dear Editor:
Regarding David D. Murray, Esq.'s (12/15/08) response to my
(12/11/08 ID) letter concerning what is a "natural born Citizen,"
I was shocked that a member of a bar would comment on another
attorney's opinion in such a self-righteous manner. I have simply
expressed my personal opinion and raised questions but his letter
seems to have the definitive answers on such a complex subject
which has never been addressed by our U.S. Supreme Court. For
example, why did the Framers write in Article II: "No person
except a natural born Citizen, or a Citizen of the United States,
at the time of the Adoption of this Constitution shall be
eligible to the Office of President ..." Why are there two types
of citizens in this clause: "natural born Citizens" and "Citizens
. . . at the time of the Adoption of this Constitution." Who are
the Founders placed in this latter group and why they deemed it
necessary to distinguish between the two types. Further, I would
like an explanation why so many of the same Founding Fathers in
the Naturalization Act of 1790 (1 Stat.103,104) said: "And the
children of citizens of the United States that may be born beyond
the sea, or out of the limits of the United States, shall be
considered as natural born citizens." But then in 1795 amended
that Act by removing the words "natural born" from the term
"natural born citizen" and just leaving it "citizens." I realize
this is not the proper forum for such complex legal arguments. I
also note that Mr. Murray's letter avoids the other main issue:
has Obama provided the American people with credible and
sufficient proof that he was born on U.S. soil?
Mario Apuzzo, Esq. Jamesburg, NJ

(c) Dear Editor:
ID is correct in saying that there is a large amount of hostility
towards H1-B (12/29/08 ID comment). This program is the largest
immigration fraud in American history, and the voters have
figured out that the purpose of the H1-B visa program is to
prvent their children from living in the middle class by
importing cheap foreign workers to take all of the good jobs. Any
politician who accepts money from the Indian government's front
groups in exchange for supporting H1-B is guilty of treason. Yes,
there's a lot of hostility out here.
Dave Chapman

(d) Dear Editor:
Now we shall see how the Democrats in both Houses will work to
make Immigration accessible to those that needs it (12/29/08 ID
comment). The Dream Act is absolutely a good bill however, those
immigrant without status should get some benefit if they have
integrated in the mainline paying their taxes in all respect and
complying with what each of us want to be free. In the next 100
days something should happen if it will.
Gladys C. Farris

(e) Dear Editor:
In response to the fact that Restrictionists have recently
decided to play the "unemployment card," in a last ditch effort
to postpone the inevitable, (CIR), I would like to point out
fundamental facts that the Restrictionists would have us
overlook. Every business that I know has downsized to their bare
minimum to ride out this storm. They have kept only their most
experienced, cost effective, and productive workforce. Most of
the jobs in our country are created by small to medium sized
businesses, and in a down economy, most jobs are lost in these
sectors as well. It is not coincidental that most undocumented
immigrants work in these sectors. Unemployment is higher among
the undocumented then the documented, but still, several million
undocumented are still employed in these sectors. Restrictionists
now advocate that we fire and/or deport all of these people, and
give these jobs to unemployed legal workers, and I can understand
the underlying yet overly simplistic logic inherent in that
emotional decision. Unfortunately, they are suggesting that we
force our most important business sectors to lose millions of
their experienced and productive workers, arguably the "last
ditch" lifeblood of their struggling businesses, and instead hire
millions of trainees. It usually takes at least 6 months of
training to bring an employee up to speed, (and that assumes that
the new employee works out - a huge assumption). The
Restrictionists are advocating that we do this at the worst
possible time, just as these companies are fighting for their
lives, and are barely keeping their heads at the waterline, much
less above it. Simple solutions sound good because they're easy
to understand. Unfortunately, in this economy, we need advanced
solutions, not simple ones. We need far reaching solutions, not
archaic ones. We need informed solutions, not misguided or
misinformed ones.
Robert Gittelson

(f) Dear Editor:
Mr. Guzzardi's Article (12/30/08 ID) may predict there will be no
"amnesty" in 2009, but ones may also say there will and should be
immigration amnesty again in 2009 because it's a common sense
thing to do. Legalize the illegals so they can pay taxes and
contribute to they system and make them as full member of our
society. I am really sad and regret that there are still many
fellow Americans feel the sense of entitlements just because
they're holding US passports in the competitive and globalized
world economy not because they deserve and earn them by merits
and working harder and smarter. Be it in the past or present,
restrictionists and nativists are the same loser folks who reject
the reality of life that they must compete with others and win it
by merits. When we celebrate Christmas and Thanksgiving, we must
thank God that the natives at that time didn't have selfish and
racist "immigration laws" as we have today otherwise they would
handcuffed Joseph, Mary, baby Jesus or Israelis' patriarch Jacob
and deported them as "illegal immigrants", or the Native American
Indians would deport the Pilgrims and all white European
colonialists as invaders and unwelcomed illegal immigrants as
well.
Robert Yang
_________________________________________________________________
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 1999-2008 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 immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 12:30 PM | Permalink | Comments (1) | TrackBack (0)

Dec 30 - AV Rating

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

December 30, 2008

Items:
1. Comment: AV Rating
2. Focus: Best Price Ever - Special Offer Valid While Supplies Last
3. Articles:
    (a) Consular Corner: December 2008 by Liam Schwartz
    (b) Joe Predicts: Zero Percent Chance Of Amnesty In 2009 by
    Joe Guzzardi
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4. News:
    (a) USCIS Revises Direct Mail Program For N-400
5. Classifieds:
    (a) EB-5 Investor Program
    (b) Credential Evaluation And Translation
    (c) Case Management Technology
6. Headlines:
    (a) Immigrant Assimilation Critical, Report Finds
    (b) Immigration Officials Curtail Sedation Of Deportees After
    Criticism, Lawsuits
    (c) The Year Of The Latino Vote, The Giant That Finally Awoke
    (d) El Norte - Criterion Collection Review
7. ComingsNGoings:
    (a) Immigration Event - Washington, DC
8. Letters From:

http://www.ilw.com/immigdaily/digest/2008,1230.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

AV Rating

Law.com reports "LexisNexis Group's Martindale-Hubbell has no
plans to abandon its lawyer ratings, the company insisted in
response to blog postings about its layoff of attorney rating
specialists." For the full story, see here.
http://www.law.com/jsp/article.jsp?id=1202427033909

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

Best Price Ever - Special Offer Valid While Supplies Last

ILW.COM is pleased to offer the completely revised editions of
Patel's Immigration Law Library, the 2008-2009 Edition (Shipping
Now). This collection includes the essential reference resource
"The WHOLE Act, The INA (Annotated), 2008-2009 Edition",
http://www.ilw.com/store/thewholeact-ina.shtm
used by DHS officials, federal court libraries, and many veteran
immigration practitioners. Once you have used this version of the
INA, you will wonder why you ever used any other! This collection
also features the fully indexed 8 CFR, 2008-2009 Edition
http://www.ilw.com/store/8cfrplus.shtm
and fully indexed 20/22/28 CFR, 2008-2009 Edition.
http://www.ilw.com/store/20-22-28cfrplus.shtm
While supplies last, the best quality immigration law reference
books are now available at the cheapest price on the market -
$189 for all three books (shipping and handling included!).
http://www.ilw.com/store/thewholeact-ina.shtm#buynow
_________________________________________________________________
3. ARTICLES

(a) Consular Corner: December 2008

Liam Schwartz presents the latest news from Consuls the world over.
http://www.ilw.com/articles/2008,1230-schwartz.shtm
http://www.lsa-law.com/

(b) Joe Predicts: Zero Percent Chance Of Amnesty In 2009

Joe Guzzardi writes "If Bush couldn't get it past either a
Republican or Democratic controlled Congress, why should we
assume either of them will?"
http://www.ilw.com/articles/2008,1230-guzzardi.shtm
http://www.vdare.com/

(c) Bloggings On PERM Labor Certification

Joel Stewart shares the latest entries as of December 29, 2008 on
his PERM Labor Certification blog.
http://www.ilw.com/articles/2008,1230-stewart.shtm
http://blogs.ilw.com/joelstewart

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

(a) USCIS Revises Direct Mail Program For N400

USCIS announced that effective Jan. 22, 2009, applicants must
submit Form N-400 and related supplements to one of two new USCIS
Lockbox facilities for initial processing.
http://www.ilw.com/immigdaily/news/2008,1230-N400.pdf
_________________________________________________________________
5. CLASSIFIEDS

(a) EB-5 Investor Program
There is no need to wait for the Regional Center program to be
extended before it sunsets on September 30, 2008. This is a 300
acre project in Southern California near San Juan Capistrano. The
Project will create at least 300 new full-time jobs through the
development of a resort hotel/spa & corporate retreat, an upscale
equestrian centre with 1000 stalls, arena, training and boarding
facilities and, along with a vineyard, an olive orchard, and 30
estate view lots. The developers and general partners have
extensive experience in high profile developments. The Project
qualifies under the EB-5 Investor Visa program for an immigrant
investor in need of a permanent residence in the US "Green Card".
The project is a Targeted Employment Area (TEA) requiring
investments at the reduced $500,000 level. Visit
http://www.usagdc.com/landing.html for more information or
contact a USA Global Development representative by e-mailing
mailto:info@usagdc.com or calling (949) 296-3078 or complete
contact us section of our website. Not an offer to purchase or
sell securities. Only qualified investors can offer to subscribe
after reviewing the full program and submitting a signed
subscription agreement for consideration.

(b) 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.

(c) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, ImmigrationTracker
http://www.immigrationtracker.com
is the most flexible and dependable immigration management
solution on the market today. Designed by immigration attorneys
and paralegals, ImmigrationTracker is often praised for its ease
of use, intuitive features, and built-in immigration knowledge.
As one of our customers noted, "If we had two years and unlimited
funds to design our ideal immigration management system, Tracker
would be it." Phil Curtis, Chin & Curtis. Find out for yourself
why Tracker is the choice of: 83% of practicing Past Presidents
of the AILA (American Immigration Lawyers Association, through
June 2007); 86% of the 25 largest immigration law firms (IndUS
Business Journal 2006); 75% of the AmLaw 200 (largest US law
firms, American Lawyer Media, 2006); 3x as many globally ranked
immigration attorneys as compared with other software vendors
(Chambers Global and the International Who's Who of Business
Immigration Lawyers, 2007). Schedule your private demo: Call
1-888-466-8757 ext. 278 or email
mailto:sales@immigrationtracker.com.
_________________________________________________________________
6. Headlines

(a) Immigrant Assimilation Critical, Report Finds

As the United States becomes more diverse, a greater effort must
be made to integrate immigrants into American society, according
to a new report by a federal task force.

(b) Immigration Officials Curtail Sedation Of Deportees After
Criticism, Lawsuits

Federal immigration officials, over the past year, have
dramatically curtailed the controversial practice of sedating
deportees with powerful anti-psychotic medication.

(c) The Year Of The Latino Vote, The Giant That Finally Awoke

While polls and pundits denied that immigration was a priority
for Latino voters, it seems clear that the issue did play a role,
if not in the embracing of Barack Obama, at least in the
rejection of the Republican party.

(d) El Norte - Criterion Collection Review

Intoxicatingly poetic and disturbingly realistic, the film
dissects illegal immigration without glorifying or condemning
those who choose to gamble their lives with it. Courtesy of the
Criterion Collection.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2008,1230.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

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

(a) Immigration Event - Washington, DC
The Migration Policy Institute is pleased to announce the
briefing of its newest released report entitled "Immigration and
the Current Economic Crisis", 9:00-10:30 a.m., Wednesday, January
14, 2009. 1400 16th Street, NW, Suite 300, Washington, DC.
Contact: events@migrationpolicy.org or (202) 266-1929. RSVP:
http://contact.migrationpolicy.org/site/Calendar/1985906237.
_________________________________________________________________
8. LETTERS

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

None today.
_________________________________________________________________
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 1999-2008 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 immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 11:17 AM | Permalink | Comments (0) | TrackBack (0)

Dec 22 - Become A Consular Processing Author

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

December 22, 2008

Items:
1. Comment: Become A Consular Processing Author
2. Focus: The H-1B Book Shipping Now
3. Articles:
    (a) Bloggings on Dysfunctional Government by Angelo Paparelli
    (b) Immigrants Of The Day: Mary Paik Lee of Korea, Mona Rico
    of Mexico, and Meryle Secrest of United Kingdom by Kevin R.
    Johnson
4. News:
    (a) EOIR Announces BIA To Begin Providing Decision
    (b) DHS Publishes H2B Final Rule
    (c) DHS Publishes US VISIT Final Rule
    (d) CBP Says Temporary Visa Pilot Program Will Expand To
    Include H2Bs
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Case Management Technology
    (c) J-1 Visa Program
    (d) Credential Evaluation And Translation
6. Headlines:
    (a) Immigration-Overhaul Supporters Hope Their Hour Has Come
    (b) Senator Majority Leader Harry Reid Renews Hopes For
    Immigration Reform
    (c) Hispanic Retired ICE agent Is Candidate For Assistant
    Secretary, US Immigration and Customs Enforcement
    (d) US Immigration Anchors $20M Development
7. ComingsNGoings:
    (a) New Appointment - Immigration Judge
8. Letters From:
    (a) KO

http://www.ilw.com/immigdaily/digest/2008,1222.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Become A Consular Processing Author

Immigration Daily is pleased to announce that 20+ contributing
authors have been selected by The Consular Posts Book Editor Rami
Fakoury. Thanks to those who have agreed to share their consular
expertise for this publication. In order to provide full global
coverage of consular issues, we invite immigration attorneys with
consular processsing expertise, especially in South America, the
Carribean islands, and East Asia to reply.

The consulate posts section of the book aims to provide attorneys
and compliance officers with a detailed, nuanced picture of
factors that may lead to visa denials and delays, and to provide
an inside guide about ways counsel can improve due diligence to
proactively avoid such problems. Contributors will receive a
gratis copy of The Consular Posts Book. Qualified candidates,
correspond directly with mailto:rami@employmentimmigration.com.
Please be sure to include your qualifications and indicate the
specific posts(s) that you wish to write on (see chapter 9
updated outline). For information about the book, including a
detailed book outline,
http://www.ilw.com/store/consularposts.shtm.

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

The H-1B Book Shipping Now

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

++Chapter One: Interview The Client

++Qualifying the Position as a Specialty Occupation
++Qualifying The Employee
++Meeting Wage Requirements
++Lawyer's H-1B Consultation Questionnaire Form
++Lawyer's H-1B Task Checklist

++Chapter Two: Send The Client Intake Forms And Related
Information

++Intakes Summary
++H-1B Employer Intake/Questionnaire Form
++H-1B Worker Intake/Questionnaire Form
++The Complete H-1B Process: Company Flowchart
++The H-1B Process: Company's Step-By-Step Explanation
++Explanation and instructions for spouses and children

++Chapter Three: Credentials: Verify That The Worker Has A US
Bachelor's Degree Or Equivalent

++Credentials Summary
++If the worker has a U.S. degree - no evaluation is necessary
++If the worker has a foreign degree - order credentials
evaluation
++If the H-1B petition is based on work experience or combination
- order a work experience evaluation
++List of credentials evaluation firms, web sites and phone
numbers

++Chapter Four: Determine The Prevailing Wage ++Understanding the
Prevailing Wage

++Determining the Prevailing Wage
+++O*NET, SOC, Wage Levels, Job Zone and SVP
+++SESA or SWA Wage Determination
+++FLC Data Center Wage Determination
+++Wage Determination Through Other Wage Surveys
++Practice Examples in Determination of the Prevailing Wage

++Chapter Five: Prepare And File The Labor Condition Application
(LCA)

++Introduction to the Labor Condition Application (LCA)
++Preparing and filing the Labor Condition Application (LCA)
+++Online LCA filing
+++Complete Online LCA and Receive LCA Approval Online
+++Completing the LCA: Step by Step
+++H-1B Dependent Employers Worksheet for the LCA
++ Detailed Description of Form ETA-9035E and its Obligations
++Sample of completed LCA (form ETA-9035E)
++Copy of form ETA9035CP (LCA cover pages)

++Chapter Six: Prepare The I-129, Related Forms And
Petition Letter

++Form I-129
++H supplement to Form I-129
++Form I-129 H-1B Data Collection Supplement
++Form G-28
++Form I-907 if premium processing is applicable

If the H-1B worker has a spouse and/or children:
++Form I-539
++Form I-539 Supplement 1 (if necessary for other family members)

++Chapter Seven: Send All The Forms And Petition Letter To The
Clien
t For Review & Signature

++Sample letter to client
++LCA posting notice
++Sample Letter to Employer Regarding Public Access File
++Memorandum to employers on Labor Condition Application
++Public Access File sample

Chapter Eight: Assemble The H-1B Petition And Send To The USCIS
Service Center

++General Filing Instructions (including list of service centers
and filing addresses)
++Sample Cover Letter
++H-1B Petition document checklist
++Sample list of exhibits

++Chapter Nine: Troubleshooting

++Introduction
++Request for Additional Evidence
++Dealing with the dreaded request for evidence
+++Sample Response to Request for Additional Evidence
+++Second Example of Response to Request for Additional Evidence
++I-9 Compliance, Social Security Numbers and Driver's Licenses
++Changes in H-1B Employment and Amendments
++How Mergers, Acquisitions and other corporate Transactions
Affect
the H-1B

++Chapter Ten: Post-Approval Case Management

++Summary of Post-Approval Issues
++ Sample H-1B Approval Letter to Employees that are in the U.S.
++ Sample H-1B Approval Letter to Company - Employee(s) Abroad
++ Sample H-1B Approval Letter to Employees Abroad
++ Non- Immigrant Visa Consular Processing Information Sheet

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

(a) Bloggings on Dysfunctional Government

Angelo Paparelli shares the latest entries as of December 19,
2008 on his Dysfunctional Government blog.
http://www.ilw.com/articles/2008,1222-paparelli.shtm
http://blogs.ilw.com/angelopaparelli/

(b) Immigrants Of The Day: Mary Paik Lee of Korea, Mona Rico of
Mexico, and Meryle Secrest of United Kingdom

Kevin R. Johnson celebrates the achievements of these notable
immigrants.
http://www.ilw.com/articles/2008,1222-johnson.shtm
http://lawprofessors.typepad.com/

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

(a) EOIR Announces BIA To Begin Providing Decision

The Executive Office for Immigration Review announced that as
part of an ongoing effort to enhance its service to the
immigration community, the Board of Immigration Appeals announced
that by March 1, 2009, it will begin to provide a copy of its
final decision to all aliens in proceedings, regardless of
whether the alien is represented by counsel.
http://www.ilw.com/immigdaily/news/2008,1222-BIA.pdf

(b) DHS Publishes H2B Final Rule

DHS published notice in the Federal Register effective January
18, 2009, on changes to requirements affecting H-2B nonimmigrants
and their employers.
http://www.ilw.com/immigdaily/news/2008,1222-H2B.shtm

(c) DHS Publishes US VISIT Final Rule

DHS published notice in the Federal Register effective January
18, 2009, finalizing an interim final rule that expanded the US-
VISIT program to include aliens seeking admission under the Visa
Waiver Program and travelers arriving at
designated land border ports of entry.
http://www.ilw.com/immigdaily/news/2008,1222-USVISIT.shtm

(d) CBP Says Temporary Visa Pilot Program Will Expand To Include
H2Bs

U.S. Customs and Border Protection published a general notice,
effective August 9, 2009, on the expansion of temporary worker
visa exit program pilot to include H-2b temporary workers.
http://www.ilw.com/immigdaily/news/2008,1222-CBP.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Attorneys
Washington, DC- USCIS Office of Chief Counsel (OCC) seeks
experienced attorneys with 3+ years demonstrated experience in
immigration law for the Adjudications Law Division (ALD). The
attorneys will serve as advisors to the Chief of the ALD, the
Chief Counsel, and to USCIS and other Departmental components on
issues relating to U.S. immigration laws. Applicants must
possess a JD degree, be an active member of the bar (any
jurisdiction), and have 3+ years of post-J.D. experience in
immigration law. For more info, key in Job Announcement Number:
COU-CIS-2008-0013 at USAJobs.com.
http://www.usajobs.com
Submit a resume, cover letter + (2) writing samples to: Claudia
Salem, Acting Chief, Adjudications Law Division at
mailto:ALD.ALD@dhs.gov. Please make sure to note in email subject
header that you are applying for the Experienced Attorney
Position, ALD, at USCIS. Must be received by 5pm, ET, Friday,
December 19, 2008. Position is at the GS-13-GS-15 levels. This
job is being filled by an alternative hiring process and is not
in the competitive civil service. No relocation reimbursement
available.

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

(d) Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and
translations, American Evaluation and Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $50
educational evaluations, as well as $200 'expert opinion' work
experience and position evaluations completed by PhD university
professors who have the "authority to grant college level credit
for work experience and/or training." AETS offers a variety of
turn-around times, including same-day service for educational,
work experience, and position evaluations. For list of rates and
times, see:
http://aetsinternational.com/applicationforevaluationservices.pdf
AETS also provides certified translations in 100+ languages,
with translators that are specialists in 80+ fields. For a copy
of the Application for Credential Evaluation and Translation
Services, please contact AETS at (786) 276-8190, visit
http://www.aetsinternational.com, or email:
mailto:info@aetsinternational.com.
_________________________________________________________________
6. Headlines

(a) Immigration-Overhaul Supporters Hope Their Hour Has Come

With Obama in office, a sympathetic Cabinet and more Democrats in
Congress, supporters hope to revive a reform package next year.
But the economic downturn sparks worry about protecting U.S.
workers.

(b) Senator Majority Leader Harry Reid Renews Hopes For
Immigration Reform

In a little noticed interview last week, Senate Majority Leader
Harry Reid (D-NV) renewed pro-immigrant advocates' hopes for
comprehensive refrom of the nations' immigration laws under the
next administration.

(c) Hispanic Retired ICE agent Is Candidate For Assistant
Secretary, US Immigration and Customs Enforcement

Miguel Angel Contreras is proud to announce that he is a
candidate for the position of Assistant Secretary, U.S.
Immigration and Customs Enforcement.

(d) US Immigration Anchors $20M Development

The United States Citizen and Immigration Services has become the
first major tenant to take space in Yourland, a mixed-use
redevelopment near Sky Harbor International Airport.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2008,1222.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

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

(a) New Appointment - Immigration Judge
Executive Office for Immigration Review (EOIR) Director Kevin A.
Ohlson announced that announced that an immigration judge was
sworn in today during an investiture ceremony at EOIR
Headquarters in Falls Church, Va. Chief Immigration Judge David
L. Neal administered the oath of office to Jack L. Anderson, who
is serving at the Omaha Immigration Court.
_________________________________________________________________
8. LETTERS

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

(a) Dear Editor:
Tis the season for all of us to be grateful for what has been
bestowed upon us. I would like to share some of my reasons for
what has been a joyous 2008. I am grateful for increased border
security, increased deportations, increased raids on employers
who hire illegal aliens and most of all I am grateful for no
grants of amnesty. I can only wish for more of the same for an
even more joyous and prosperous 2009.
KO
_________________________________________________________________
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 1999-2008 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 immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 12:40 PM | Permalink | Comments (0) | TrackBack (0)

Dec 19 - Enforcement Milestones

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

December 19, 2008

Items:
1. Comment: Enforcement Milestones
2. Focus: Deadline Is Friday, Dec 19th For Latest In Adjustment
    Of Status
3. Articles:
    (a) Bloggings on Nurse Immigration by Christopher T. Musillo
    of the Hammond Law Group
    (b) Immigrants Of The Day: Samuel Gompers of England, Joe
    Cook of Cambodia, and Safaa Wadi of Iraq by Kevin R. Johnson
4. News:
    (a)USCIS, CBP Final Rule On Changes To Requirements Affecting
    H2A Nonimmigrants
    (b) CBP Publishes Notice On H2A Visa Exit Program Pilot
    (c)USCIS, CBP, ICE Notice On H2A Petitioner's Employment-
    Related Or Fee-Related Notification
    (d) DHS Notice On Countries Eligible For H2A Program
    Participation
    (e) DOL Publishes Final Rule On Modernizing the Labor
    Certification Process And Enforcement For H2A Aliens
    (f) EOIR Publishes Final Rule On Professional Conduct For
    Practitioners
    (g) EOIR Publishes Final Rule On Voluntary Departure
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Case Management Technology
6. Headlines:
    (a) Immigration And The Economy: A Changing Debate
    (b) Maryland ACLU Is Probing Anti-Immigrant Policies
    (c) Obama Tasks Napolitano With Homeland Security Overhaul
    (d) Immigration Report Finds Citizenship Oaths Delayed
7. ComingsNGoings:
    (a) Appointment - Arlington, VA
8. Letters From: None today.

http://www.ilw.com/immigdaily/digest/2008,1219.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Enforcement Milestones

The Austin American-Statesman
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/immigration/entries/2008/12/18/homeland_security_touts_record.html
reports that the Department of Homeland Security released a fact
sheet touting its end of the year accomplisments. The
accomplishments listed include doubling the size of the Border
Patrol from about 9,000 in 2001 to more than 18,000,
constructing about 93 miles of border fence this year, removing
more than 323,000 undocumented immigrants from the US, and
dramatically increasing penalties against employers whose hiring
processes violate the law.

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

Deadline Is Friday, Dec 19th For Latest In Adjustment Of Status

ILW.COM is pleased to announce a new 3-part telephone seminar
series "Latest In Adjustment Of Status" with discussion leader
Christina LaBrie and featuring distinguished practitioners as
speakers - Nadeen Aljijakli, Daniel Horne, Barbara Wong, and
Other Speakers To Be Announced. The curriculum is as follows:

FIRST Phone Session on December 22: I-485 RFEs and Adjudication
- Hot Topics

++Medical exams
++Maintenance of status - why theG-325A is so important
++Bona fide marriage for employment-based applicants
++AC21 portability ++Proving lawful entry
++NSEERS issues
++Renewing I-485s in immigration court

SECOND Phone Session on January 15: Adjustment of Status
Interviews - Be Prepared!

++Documents to bring
++How to prepare your clients
++How to prepare for employment-based AOS interviews
++How to deal with a difficult officer
++Protecting your clients' rights
++Dealing with criminal issues
++Special cases - VAWA, SIJ, HIV waivers

THIRD Phone Session on February 5: Lawful Permanent Residence
- Rules and Responsibilities

++Responsibilities and possible penalties
++Reentry permits ++Abandonment of LPR status
++Tax issues
++Responsibilities of I-864 sponsors
++Special cases - Asylee/Refugee LPRs
++Looking forward to naturalization

The deadline to sign up is Friday, December 19th. For more info,
including speaker bios, detailed curriculum, and registration
information, please see:
http://www.ilw.com/seminars/december2008.shtm
Fax version: http://www.ilw.com/seminars/december2008.pdf
_________________________________________________________________
3. ARTICLES

(a) Bloggings on Nurse Immigration

Christopher T. Musillo of the Hammond Law Group shares the latest
entries as of December 16, 2008 on his nurse immigration blog.
http://www.ilw.com/articles/2008,1219-hammond.shtm
http://www.hammondlawfirm.com/

(b) Immigrants Of The Day: Samuel Gompers of England, Joe Cook of
Cambodia, and Safaa Wadi of Iraq

Kevin R. Johnson celebrates the achievements of these immigrants.
http://www.ilw.com/articles/2008,1219-johnson.shtm
http://lawprofessors.typepad.com/

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

(a) USCIS, CBP Final Rule On Changes To Requirements Affecting
H2A Nonimmigrants

USCIS, CBP published a final rule amending DHS regulations
regarding temporary and seasonal agricultural workers, and
their US employers, within the H-2A nonimmigrant classification.
http://www.ilw.com/immigdaily/news/2008,1219-h2achanges.shtm

(b) CBP Publishes Notice On H2A Visa Exit Program Pilot

CBP published a notice in the Federal Register announcing that it
is establishing a new land-border exit system for certain
temporary agricultural workers, starting on a pilot basis, at
certain
designated ports of entry.
http://www.ilw.com/immigdaily/news/2008,1219-exit.shtm

(c) USCIS, CBP, ICE Notice On H2A Petitioner's Employment-Related
Or Fee-Related Notification

USCIS, CBP, ICE published a notice in the Fedederal Register
announcing the manner in which petitioners must notify U.S.
Citizenship and Immigration Services regarding their employment
of agricultural workers in H-2A nonimmigrant status or job
placement fee information.
http://www.ilw.com/immigdaily/news/2008,1219-notification.shtm

(d) DHS Notice On Countries Eligible For H2A Program
Participation

DHS published a notice in the Federal Register identifying the
foreign countries whose nationals are eligible to participate
in the H-2A visa program.
http://www.ilw.com/immigdaily/news/2008,1219-h2acountries.shtm

(e) DOL Publishes Final Rule On Modernizing the Labor
Certification Process And Enforcement For H2A Aliens

The Department of Labor published a final rule amending its
regulations regarding the certification for the temporary
employment of nonimmigrant workers in agricultural
occupations on a temporary or seasonal basis, and the
enforcement of the contractual obligations applicable to
employers of such nonimmigrant workers.
http://www.ilw.com/immigdaily/news/2008,1219-dol.shtm

(f) EOIR Publishes Final Rule On Professional Conduct For
Practitioners

The EOIR published a final rule that adopts, in part, the
proposed changes to the rules and procedures concerning the
standards of representation and professional conduct for
practitioners who appear before the EOIR, which includes the
immigration judges and the BIA.
http://www.ilw.com/immigdaily/news/2008,1219-conduct.shtm

(g) EOIR Publishes Final Rule On Voluntary Departure

The Department of Justice is publishing this final rule to
amend the regulations regarding voluntary departure. This rule
adopts, without substantial change, the proposed rule under which
a grant of voluntary departure is automatically withdrawn upon
the filing of a motion to reopen or reconsider with the
immigration judge or the Board of Immigration Appeals (Board) or
a petition for review in a federal court of appeals.
http://www.ilw.com/immigdaily/news/2008,1219-departure.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Attorneys
Washington, DC- USCIS Office of Chief Counsel (OCC) seeks
experienced attorneys with 3+ years demonstrated experience in
immigration law for the Adjudications Law Division (ALD). The
attorneys will serve as advisors to the Chief of the ALD, the
Chief Counsel, and to USCIS and other Departmental components on
issues relating to U.S. immigration laws. Applicants must
possess a JD degree, be an active member of the bar (any
jurisdiction), and have 3+ years of post-J.D. experience in
immigration law. For more info, key in Job Announcement Number:
COU-CIS-2008-0013 at USAJobs.com.
http://www.usajobs.com
Submit a resume, cover letter + (2) writing samples to: Claudia
Salem, Acting Chief, Adjudications Law Division at
mailto:ALD.ALD@dhs.gov. Please make sure to note in email subject
header that you are applying for the Experienced Attorney
Position, ALD, at USCIS. Must be received by 5pm, ET, Friday,
December 19, 2008. Position is at the GS-13-GS-15 levels. This
job is being filled by an alternative hiring process and is not
in the competitive civil service. No relocation reimbursement
available.

(b) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, ImmigrationTracker
http://www.immigrationtracker.com
is the most flexible and dependable immigration management
solution on the market today. Designed by immigration attorneys
and paralegals, ImmigrationTracker is often praised for its ease
of use, intuitive features, and built-in immigration knowledge.
As one of our customers noted, "If we had two years and unlimited
funds to design our ideal immigration management system, Tracker
would be it." Phil Curtis, Chin & Curtis. Find out for yourself
why Tracker is the choice of: 83% of practicing Past Presidents
of the AILA (American Immigration Lawyers Association, through
June 2007); 86% of the 25 largest immigration law firms (IndUS
Business Journal 2006); 75% of the AmLaw 200 (largest US law
firms, American Lawyer Media, 2006); 3x as many globally ranked
immigration attorneys as compared with other software vendors
(Chambers Global and the International Who's Who of Business
Immigration Lawyers, 2007). Schedule your private demo: Call
1-888-466-8757 ext. 278 or email
mailto:sales@immigrationtracker.com.
_________________________________________________________________
6. Headlines

(a) Immigration And The Economy: A Changing Debate

There's a consensus among economists and policy analysts that
immigrant labor benefits the economy on whole -- and dramatically
so.

(b) Maryland ACLU Is Probing Anti-Immigrant Policies

The American Civil Liberties Union of Maryland has launched a
review of local efforts to crack down on undocumented immigrants,
saying a patchwork of increasingly harsh policies might be
violating some residents' rights.

(c) Obama Tasks Napolitano With Homeland Security Overhaul

Arizona Gov. Janet Napolitano, a border-state governor with a
background in law enforcement, will inherit what her new boss on
Monday called a "sprawling" department in need of reform if she
is confirmed as the nation's third Homeland Security secretary.

(d) Immigration Report Finds Citizenship Oaths Delayed

A court prevented nearly 2,000 people from taking the oath of
U.S. citizenship in time to register to vote in the November
elections, a new report released Wednesday said.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2008,1219.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

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

(a) Appointment - Arlington, VA
Bean, Kinney & Korman is pleased to announce that firm
shareholder Philip M. Keating has been selected as Chair-Elect of
the Arlington Chamber of Commerce, and Bean Kinney received the
Chamber's annual "Chair's Award" for Outstanding Contributions of
Resources to the Chamber and the Arlington Business Community.
www.beankinney.com.
_________________________________________________________________
8. LETTERS

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

(a) None today.
_________________________________________________________________
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 1999-2008 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 immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 07:48 AM | Permalink | Comments (0) | TrackBack (0)

Dec 18 - Unconventional Wisdom

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

December 18, 2008

Items:
1. Comment: Unconventional Wisdom
2. Focus: Consular Posts Book Ed. Rami Fakhoury
3. Articles:
    (a) Adjusting To The New World Of Portability Recruiting:
    Career-Flexibility For Long-Delayed Immigration Cases by
    Angelo A. Paparelli and Kwang-yi Ger Gale
    (b) The Nation Is Not A House by Donald J. Boudreaux for the
    Foundation For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4. News:
    (a) CIS Ombudsman Study Recommends Digitized Photograph To
    Accompany New N-550 Form
    (b) DHS Publishes Interim Rule Amending I-9 Regulations
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Immigration Law Certificate
    (c) Credential Evaluation
6. Headlines:
    (a) Minnesota Catholics To Observe 'Immigration Sunday'
    (b) Oregon DMV To Begin Verifying Immigration In 2009
    (c) U.S. Seeks To Wipe Out Immigration Fraud
    (d) Obama To Inherit Legal Battle Over DHS's No-Match Rule
7. ComingsNGoings:
    (a) Honors And Awards - Maryland Super Lawyers
8. Letters From:
    (a) Robert Gittelson

http://www.ilw.com/immigdaily/digest/2008,1218.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Unconventional Wisdom

The conventional wisdom on a number of issues may no longer be
true:

++Conventional Wisdom: The incoming Obama administration's
priorities will guide Congress as it goes about making laws in
2009 and 2010. Fact: Congress has its own ideas for legislation.
While Congress will pay close attention to the incoming Obama
administration's priorities, especially in the first 100 days,
ultimately it is Congress that makes law, not the President. And
Congress's ideas of good policy may well diverge from the
administration's. We are seeing some signs that Congress may well
be more aggressive in the near term on immigration than the
Administration (this is not an issue of intention, merely an
issue of implementation, since the incoming team is
understandably tied up in personnel issues).

++Conventional Wisdom: Rahm Emmanuel's appointment as Chief of
Staff at the White House portends trouble for immigration given
the fact that he was the key person responsible for the failure
to get CIR off the ground in the House in the 110th Congress.
Fact: Rahm Emmanuel at the White House may well be immigration's
best friend. As chairman of the Democratic Congressional Campaign
Committee, Mr. Emmanuel's goal was to help elect as many House
Democrats as possible which, by the lay of the political land,
were largely in purple, moderate districts where immigration
could have proven a weapon for the Republicans. Mr. Emmanuel's
new job, by contrast, is to help elect just one Democrat - Mr.
Obama in 2012. Immigration here could well be a weapon against
the Republicans, in helping sway critical states in the Southwest
and Southeast.

++Conventional Wisdom: Republican votes and Blue Dog votes will
be necessary to win any broad immigration legislation, like CIR.
Fact: Democrats will control a 58% majority in the new Senate,
and a 59% majority in the new House. No more than a very small
handful (5 or so) Republican votes will be needed or available to
pass CIR. This is in marked contrast to the entire period from
the 1980s to now, where all the major immigration acts were
passed with either significant or crucial Republican support (the
same general analysis as above also goes for the Blue Dogs). One
of the consequences of the composition of the new Congress is
that employment based immigration has significantly fewer friends
than before, a fact that may prove fatal to more than one major
employment based immigration program (in particular, we would not
be too surprised to see proposals to temporarily eliminate the
H1B visa in light of the economic downturn).

++Conventional Wisdom: CIR must include three legs -
legalization, massive new enforcement, massive guest worker
programs. Fact: The composition of the new Democratic caucus,
especially in the House, argues strongly against the old ideas of
what CIR should look like. This is the most liberal (or leftist)
Democratic caucus since the 1970s, it's leanings on many matters,
including immigration, will likely surprise many in the
immigration community who have gotten accustomed to centrist
approaches to benefits and enforcement. In particular, we believe
that the guest worker component of CIR is either completely gone,
or close to gone (the House immigration sub-committee chair, Ms.
Lofgren, is out-of-sync with the new Democratic caucus on
employment based immigration). What we may be seeing is a replay
of the 1980s, when Congress first confronted the past -
legalization and enforcement in IRCA in 1986, and only four years
later, in 1990, came around to the future - expanded immigration
flows, both temporary and permanent. The new CIR may be nothing
more than a giant new IRCA. Expanded immigration flows may well
have to wait for a future Congress, just like two decades ago
(the difference this time is that expanded immigration flows will
likely focus on low-skilled workers and high-skilled workers
equally, whereas in IMMACT'90 Congress forgot about low-skilled
workers). All the above point to three conclusions: (1) there
will be an aggressive move, quite early in the new year, for
significant immigration benefits legislation, which, for the lack
of a better term, we are calling CIR; (2) the signs point to this
move being led by Congress, and not the Administration; (3) the
bills to be marked up may omit new guest worker programs, and
perhaps even significantly restrict existing guest worker
programs, such as the H1B program. There appears to be plenty of
excitement ahead, fasten your seat belts.

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

Consular Posts Book Ed. Rami Fakhoury

ILW.COM is pleased to announce a new book on IV and NIV visa
processing at consular posts around the world edited by Rami
Fakhoury. For more info, including how to place a pre-publication
order, please see: http://www.ilw.com/store/ConsularPosts.shtm.
http://www.ilw.com/store/ConsularPosts.shtm
For info/ordering by fax, please see:
http://www.ilw.com/store/ConsularPosts.pdf
_________________________________________________________________
3. ARTICLES

(a) Adjusting To The New World Of Portability Recruiting: Career-
Flexibility For Long-Delayed Immigration Cases

Angelo A. Paparelli and Kwang-yi Ger Gale write " Employers
seeking foreign workers with coveted degrees and skill-sets now
must surmount ever higher hurdles crafted by immigration
bureaucrats who never had to make a payroll."
http://www.ilw.com/articles/2008,1218-paparelli.shtm
http://www.entertheusa.com/

(b) The Nation Is Not A House

Donald J. Boudreaux for the Foundation For Economic Education
writes " Opponents of the freedom to move frequently analogize a
nation to a house. "You lock your house, don't you?" these anti-
immigrationists ask - implying that what makes sense for a home
makes equally good sense for a nation."
http://www.ilw.com/articles/2008,1218-boudreaux.shtm
http://www.fee.org/

(c) Bloggings On Immigration Law And Policy

Greg Siskind shares the latest entries as of December 9, 2008 on
his immigration law and policy blog.
http://www.ilw.com/articles/2008,1218-siskind.shtm
http://www.visalaw.com/

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

(a) CIS Ombudsman Study Recommends Digitized Photograph To
Accompany New N-550 Form

The CIS Ombudsman released its study and corrresponding
recommendations on naturalization oath ceremonies, which included
the suggestion to implement plans to digitally produce the
photograph on the Certificates Of Naturalization (Form N-550).
http://www.ilw.com/immigdaily/news/2008,1218-naturalization.pdf

(b) DHS Publishes Interim Rule Amending I-9 Regulations

DHS published notice in the Federal Register amending its
regulations governing the types of acceptable identity and
employment authorization documents and receipts that employees
may present to their employers for completion of the Form I-9,
Employment Eligibility Verification.
http://www.ilw.com/immigdaily/news/2008,1218-employment.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Attorneys
Washington, DC- USCIS Office of Chief Counsel (OCC) seeks
experienced attorneys with 3+ years demonstrated experience in
immigration law for the Adjudications Law Division (ALD). The
attorneys will serve as advisors to the Chief of the ALD, the
Chief Counsel, and to USCIS and other Departmental components on
issues relating to U.S. immigration laws. Applicants must
possess a JD degree, be an active member of the bar (any
jurisdiction), and have 3+ years of post-J.D. experience in
immigration law. For more info, key in Job Announcement Number:
COU-CIS-2008-0013 at http://www.usajobs.com
Submit a resume, cover letter + (2) writing samples to: Claudia
Salem, Acting Chief, Adjudications Law Division at
mailto:ALD.ALD@dhs.gov. Please make sure to note in email subject
header that you are applying for the Experienced Attorney
Position, ALD, at USCIS. Must be received by 5pm, ET, Friday,
December 19, 2008. Position is at the GS-13-GS-15 levels. This
job is being filled by an alternative hiring process and is not
in the competitive civil service. No relocation reimbursement
available.

(b) Immigration Law Certificate
Master the complex and ever changing maze of immigration policies
and regulations with the Immigration Law Studies Certificate
Program offered by CUNY's School of Professional Studies. This
graduate-level certificate program, consisting of (3) three-
credit classes, offers students who complete it a comprehensive
understanding of the laws, regulations, and processes surrounding
the status of immigrants in the US, including family and
employment-based immigration and deportation defense. It is
designed for individuals working in law firms, companies,
government agencies and nonprofit organizations where they
interact with immigrants and immigrant legal concerns on a
regular basis and would therefore benefit from greater knowledge
of the laws and regulations surrounding immigration. Beginning
this spring, the program is also being offered online. For more
information on class schedules, tuition and fees, course
applications and to register, see here.
http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP

(c) Credential Evaluation
Do not order a foreign credential evaluation until you read this.
http://www.thedegreepeople.com
Career Consulting International, offers credential evaluation of
your non-US degree. Fast service at low prices. Mention Immigration
Daily to receive 3-day rush service at no extra cost (reg. price $70,
rush service $70 = savings of $70). H1B and I-140 specialists.
Evaluations of 4 year degrees (72hr. rush service) only $70.00.
Also 3 year degrees combined with PGD, second degrees, or work
experience. Pay online. Toll-free fax/phone numbers. Our clients
say it better than we do: "I don't know what to say but you
changed my life. In a place that others failed you came and with
your evaluation... I just got approved to my I-140." "I'd like to
thank you for your services in evaluating my educational
documents. You helped me in a difficult situation and through
extensive research you were able to get results that other,
"bigger" agencies were unable to achieve".
http://www.thedegreepeople.com/testimonials.html
to see more testimonials. Free consultation. Call today toll free:
1.800.771.4723
_________________________________________________________________
6. Headlines

(a) Minnesota Catholics To Observe 'Immigration Sunday'

Calling for "compassionate dialogue" on immigration reform, the
Minnesota Catholic Conference announced that Jan. 4 will be
"Immigration Sunday" in the state's parishes.

(b) Oregon DMV To Begin Verifying Immigration In 2009

The Oregon Department of Transportation said its DMV offices will
begin verifying immigration status for driver's license
applications or identification cards on Jan. 1 at its offices
around the state.

(c) U.S. Seeks To Wipe Out Immigration Fraud

Iturregui said that only two groups - attorneys in good standing
with the State Bar Association and accredited representatives
authorized by the Board of Immigration Appeals - may provide
legal advice and represent people before the agency.

(d) Obama To Inherit Legal Battle Over DHS's No-Match Rule

Media reports indicate that in making his decision, Breyer
observed that the incoming Obama Administration might want to
take another look at the rule.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2008,1218.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

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

(a) Honors And Awards - Maryland Super Lawyers
Edward Neufville, III, Esq. has been named by Maryland Super
Lawyers magazine as one of the top up and coming immigration
attorneys in Maryland for 2009. The magazine's Rising Stars list
features only 2.5% of the outstanding lawyers in the State of
Maryland who are under 40 years of age and have practiced law for
less than 10 years.
_________________________________________________________________
8. LETTERS

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

(a) Dear Editor:
I must take extreme exception to the ideas that are expressed
(12/17/08 ID comment). Specifically, I refer to both the "Santa
Arrives Late" comment, and the "Moderation and Immigration
Reform" article. Both propose that after everything that we have
been through in the struggle to achieve a full and complete CIR,
that we settle for a piecemeal approach in the name of
expediency. This is the wrong idea at precisely the wrong time.
We now have the momentum and political will to achieve almost
everything that a true CIR would encompass. The ideas expressed
above would snatch a considerable defeat from the jaws of
victory. Frank Sharry, among others, has suggested that most of
CIR is achievable within the first year of Obama's first term. He
advocates the possible exception of increasing immigration
numbers, but insists on everything else in our last CIR bill, and
he is 100% correct. Sen. Martinez, (Dem. NJ), stood his ground
and voted against partial CIR last year, because he understood
that if we achieved a few of the CIR crumbs, the full coalition
for reform would crumble, and CIR would be "back burnered" for
years, if at all. Sure, it would be easy to get the crumbs
described in these comments, but we should have the backbone to
get what this country deserves. This piecemeal approach is the
cowards victory. I say that we should get what we really need,
because we can, and we should. Do not be mislead. The easy
partial approach is easy for a reason. It is insufficient, and it
is a trap. We would be foolish to walk into this trap. Let us
show resolve and get a full CIR. It can be done. We just have to
have the will to make it happen.
Robert Gittelson
_________________________________________________________________
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 1999-2008 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 immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 01:22 PM | Permalink | Comments (0) | TrackBack (0)

Dec 17 - Santa Arrives Late

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

December 17, 2008

Items:
1. Comment: Santa Arrives Late
2. Focus: THE PERM BOOK, 2008-2009 Edition, Shipping Now
3. Articles:
    (a) Moderation And Immigration Reform by Harry DeMell
    (b) Law Library Of Congress Global Legal Monitor: Immigration
    And Nationality Law by Rubens Medina, Law Librarian of
    Congress
    (c) Immigrants Of The Week: Eric Ripert, Frank Oz, and Hugh
    Laurie by Greg Siskind
4. News:
    (a) Congress Passes Trafficking Victims Protection Act, HR
    7311
    (b) DOS Presidential Permit On Otay Mesa East Border
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) J-1 Visa Program
    (c) Credential Evaluation And Translation
6. Headlines:
    (a) Democrats Risk Losing Hispanics
    (b) Tomorrow's Opinions Today - A Patchwork Approach To
    Immigration
    (c) Former MO Lawmaker To Halfway House
    (d) Progress At Homeland
7. ComingsNGoings:
    (a) New Associate - Houston, TX
8. Letters From:
    (a) Honza Prchal, Esq.
    (b) Gladys C. Farris

http://www.ilw.com/immigdaily/digest/2008,1217.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Santa Arrives Late

A recession coupled with scandal after scandal leading the front
page news leaves many feeling glum during this holiday season.
There may be relief just around the corner, here's why. We
believe that immigration advocates on the Hill are feverishly
working on several variations around the CIR theme. Bills
expected to be introduced early in the 111th session of Congress
include: DREAM, 245(i) with an August 2001 cut-off (this was the
bill before the House on 9/11/01), healthcare immigration relief,
re-authorization of the EB-5 program, religious workers, and E-
Verify. So far, so good, you say? Not so fast. One looming
obstacle appears to stand in the way of the immigration benefits
wishlist. Anti-immigrationists argue that immigration should not
be increased during a period of high unemployment. The anti-
immigrationists are partly correct and for this reason, we
suspect that guest worker programs of any kind will not be passed
because Congress does not want to encourage new immigration
competing with the labor pool during a severe recession. However,
the immigration benefits being considered above will not take
away jobs but instead will strengthen labor and the economy. We
expect that there is a 50-50 chance that some immigration
benefits will be enacted as soon as February 2009 perhaps even as
part of the economic stimulus package. Stay tuned.

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

THE PERM BOOK, 2008-2009 Edition, Shipping Now

ILW.COM is pleased to announce THE PERM BOOK, 2008-2009 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) Moderation And Immigration Reform

Harry DeMell writes "Both sides in the current immigration debate
have taken unrealistic positions that pander to different
audiences. Neither position is viable. There is a third
approach."
http://www.ilw.com/articles/2008,1217-demell.shtm
http://www.demell-visas.com/

(b) Law Library Of Congress Global Legal Monitor: Immigration And
Nationality Law

Rubens Medina, Law Librarian of Congress tracks recent
immigration-related legal developments around the world.
http://www.ilw.com/articles/2008,1217-medina.pdf
http://www.loc.gov/law/public/law.html/

(c) Immigrants Of The Week: Eric Ripert, Frank Oz, and Hugh
Laurie

Greg Siskind honors immigrants of the week.
http://www.ilw.com/articles/2008,1217-siskind.shtm
http://blogs.ilw.com/gregsiskind/

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

(a) Congress Passes Trafficking Victims Protection Act, HR 7311

We carry the text of H.R. 7311 passed by both the House and
Senate which authorizes appropriations for fiscal years 2008
through 2011 for the Trafficking Victims Protection Act of 2000,
to enhance measures to combat trafficking in persons, and for
other purposes.
http://www.ilw.com/immigdaily/news/2008,1217-hr7311.pdf

(b) DOS Presidential Permit On Otay Mesa East Border

The Department of State published notice in the Federal Register
announcing a Presidential permit, effective December 8, 2008,
authorizing the General Services Administration to construct,
operate, and maintain a vehicular and pedestrian border crossing
called ``Otay Mesa East'' near San Diego, California, at the
international boundary between the United States and Mexico.
http://www.ilw.com/immigdaily/news/2008,1217-otay.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Attorneys
Washington, DC- USCIS Office of Chief Counsel (OCC) seeks
experienced attorneys with 3+ years demonstrated experience in
immigration law for the Adjudications Law Division (ALD). The
attorneys will serve as advisors to the Chief of the ALD, the
Chief Counsel, and to USCIS and other Departmental components on
issues relating to U.S. immigration laws. Applicants must
possess a JD degree, be an active member of the bar (any
jurisdiction), and have 3+ years of post-J.D. experience in
immigration law. For more info, key in Job Announcement Number:
COU-CIS-2008-0013 at http://www.usajobs.com
Submit a resume, cover letter + (2) writing samples to: Claudia
Salem, Acting Chief, Adjudications Law Division at
mailto:ALD.ALD@dhs.gov. Please make sure to note in email subject
header that you are applying for the Experienced Attorney
Position, ALD, at USCIS. Must be received by 5pm, ET, Friday,
December 19, 2008. Position is at the GS-13-GS-15 levels. This
job is being filled by an alternative hiring process and is not
in the competitive civil service. No relocation reimbursement
available.

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

(c) Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and
translations, American Evaluation and Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $50
educational evaluations, as well as $200 'expert opinion' work
experience and position evaluations completed by PhD university
professors who have the "authority to grant college level credit
for work experience and/or training." AETS offers a variety of
turn-around times, including same-day service for educational,
work experience, and position evaluations. For list of rates and
times, see:
http://aetsinternational.com/applicationforevaluationservices.pdf
AETS also provides certified translations in 100+ languages,
with translators that are specialists in 80+ fields. For a copy
of the Application for Credential Evaluation and Translation
Services, please contact AETS at (786) 276-8190, visit
http://www.aetsinternational.com, or email:
mailto:info@aetsinternational.com.
_________________________________________________________________
6. Headlines

(a) Democrats Risk Losing Hispanics

Now, one of the biggest questions Democrats face is whether
hardening attitudes toward immigration, aggravated by hard
economic times and rising unemployment, will push the party down
paths that could undercut that Hispanic support, much as
hardening rhetoric undermined Hispanic support for Republicans in
the past two years.

(b) Tomorrow's Opinions Today - A Patchwork Approach To
Immigration

Unfortunately, two North Idaho legislators seem determined to
recycle an ill-conceived anti-immigration bill, a fatally patch-
and-scratch approach to a problem that needs to be solved at the
federal level.

(c) Former MO Lawmaker To Halfway House

A former Missouri lawmaker convicted in an immigration fraud
scheme has been transferred to a halfway house.

(d) Progress At Homeland

There can't be a serious debate in the months ahead on
immigration reform without the recognition that the Department of
Homeland Security has made a large down payment on public
credibility when it comes to enforcement.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2008,1217.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

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

(a) New Associate - Houston, TX
Houston, TX - Tindall Foster, PC is pleased to announce that
Nadeen H. Agour has joined the firm as an associate. She received
her Bachelor's Degree in English from Duke University in 2002,
graduating summa cum laude and Phi Beta Kappa. She received her
law degree with Honors from Columbia University School of Law in
2005 and served as the Development Editor for the Columbia
Business Law Review. Ms. Agour is licensed to practice in Texas,
and she is a member of the ABA, the Texas Young Lawyers
Association, the Houston Bar Association, the Houston Young
Lawyers Association and AILA. www.tindallfoster.com.
_________________________________________________________________
8. LETTERS

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

(a) Dear Editor:
Mr. Kuslan's letter's suggestions about urls being included in
the table of contents would also be helpful for the news articles
section of your excellent publication (12/16/08 ID). It would be
more convenient, especially for those of us occasionally on slow
and old computers, than opening one window in order to open
another.
Honza Prchal, Esq. Birmingham, AL

(b) Dear Editor:
Yes, Obama was born in Hawaii which was then a territory of USA
and therefore born in American soil however this questions of his
birth is circumstantial because the reason is "race". When will
be more American?
Gladys C. Farris
_________________________________________________________________
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 1999-2008 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 immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 01:09 PM | Permalink | Comments (0) | TrackBack (0)

Dec 16 - Caveat Emptor

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

December 16, 2008

Items:
1. Comment: Caveat Emptor
2. Focus: Latest In Adjustment Of Status
3. Articles:
    (a) Court Grants Important Interim Relief To Religious
    Workers by Patricia S. Mann
    (b) The New American Electorate: The Growing Political Power
    Of Immigrants And Their Children by Rob Paral And Associates
    For The Immigration Policy Center
4. News:
    (a) Neufeld Memo On Taiwan As Country Of Former Nationality
    (b) USCIS On I9 Employment Eligibility Verification Form
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Case Management Technology
    (c) EB-5 Business For Sale
6. Headlines:
    (a) Settlement Opens Up Amnesty For Tens Of Thousands Of
    Immigrants
    (b) Feds Do Right By Easing Rules On Temp Visas
    (c) Consider Conservative Policies
    (d) Minority GOP Still Holds Some Cards In Congress
7. ComingsNGoings:
    (a) New Partners - Washington, DC
8. Letters From:
    (a) Richard Kuslan, Esq.
    (b) Gladys C. Farris

http://www.ilw.com/immigdaily/digest/2008,1216.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Caveat Emptor

The Washington Post reports "The leader of a group that claims to
be an American Indian tribe was sentenced Friday to five years in
prison in an immigration fraud case that ensnared about 12,000
people who believed tribal membership gave them U.S. citizenship
(for the full story, see here.)
http://www.washingtonpost.com/wp-dyn/content/article/2008/12/12/AR2008121203550.html

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

Latest In Adjustment Of Status