Drop The Labels
With the collapse of the Senate's last attempt at CIR (the Kennedy-Kyl bill
of Spring 2007), the immigration debate has become sharply polarized--the Republican party has moved to the right (which has been well noted) and
the Democratic party has moved to the left (which has been less noted). Smelling significant gains in
November, attitudes of Democrats have been hardening, especially among the
Hispanic Caucus. They are moving ever more
to the left on issues such as temporary workers both skilled and unskilled. This is
The Democrats will realistically need between 20 and 40 votes from the
Republicans to pass any significant immigration benefits legislation in the
next House. In the next Senate, the Democrats will also be dependant on
Republican votes to break an anti-immigration filibuster. These essential
Republican votes will come from the pro-business wing of the Republican party.
In other words, business will be at the table when immigration benefits are
negotiated. Moreover, these negotiations will be in the context of major
enforcement provisions against employers, giving the pro-business
Republicans even more leverage in asking for benefits for their
When one steps back and looks at the specific individuals both the pro-business Republicans and the Kennedy Democrats want here, over 85% of individuals they want here are the same. How can they both get almost all of what they want? The answer is to drop the current labels of "business" vs. "family" immigration and focus on increasing the numbers. This is the real lesson of Kennedy-Kyl. The bill's much derided point system
was a step in the right direction - not in the sense that it was a good idea
- but in the sense that we will need to get beyond the current terminology
of business immigration and family immigration - when Congress gets around
to increasing immigration benefits. That is the only way to get
pro-immigrant Hispanic Caucus and pro-business Republicans on the same
page. After all, if a bill delivers green cards to a large group of people,
whether those very people get green cards through an employment based
system, or a family based system, or a point system, is an academic point. Let's look at the individuals and drop the labels.
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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
Chapter Two: Send The Client Intake Forms And Related Information
- 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 Three: Credentials: Verify That The Worker Has A US Bachelor's Degree Or Equivalent
- 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
Chapter Four: Determine The Prevailing Wage
- Credentials Summary
- If the worker has a U.S. degree - no evaluation is
- If the worker has a foreign degree - order credentials
- 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
Chapter Five: Prepare And File The Labor Condition Application (LCA)
- 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
Chapter Six: Prepare The I-129, Related Forms And Petition Letter
- 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 Seven: Send All The Forms And Petition Letter To The Client For Review & Signature
- 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
Chapter Eight: Assemble The H-1B Petition And Send To The USCIS Service Center
- 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 Nine: Troubleshooting
- General Filing Instructions (including list of service centers and filing addresses)
- Sample Cover Letter
- H-1B Petition document checklist
- Sample list of exhibits
Chapter Ten: Post-Approval Case Management
- 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
For more information about the book and to order, see here. For the fax form, see here.
- 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
Forever Waiting: Optimizing The Adjustment
Christina LaBrie, et al. share recent citations from this recently concluded seminar series.
Bloggings On Immigration Law And Policy
Greg Siskind shares the latest entries as of July 24, 2008 on his immigration law and policy blog.
To submit an Article for consideration, write to firstname.lastname@example.org.
USCIS Updates H-2B Count
USCIS updated the count of H-2B petitions received and counted towards the H-2B cap.
EOIR Announces Latest Disciplinary Actions
The Executive Office for Immigration Review (EOIR) announced that disciplinary action was taken against 12 attorneys for violations of the Rules of Professional Conduct for immigration practitioners.
DHS Publishes 2007 Refugee and Asylee Statistics
DHS has published statistics on refugees and asylees for fiscal year 2007.
Help Wanted: Immigration Paralegals
Washington, DC - Maggio & Kattar, P.C. , a fast-paced nationally recognized immigration law firm seeks highly
motivated, detail-oriented individuals for entry-level paralegal positions.
organizational, writing & interpersonal skills a must. Great opportunity
for individual interested in challenging, exciting work with international
clientele; excellent career advancement possibilities and work environment.
Competitive salary and benefits. Send: resume,
writing sample, salary history and references to: email@example.com,
reference: Paralegal position.
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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: firstname.lastname@example.org.
New Group Aims To Protect Immigrant Workers
The group's main work would be to help immigrants navigate the system, and since a large portion of the immigrant workforce is in the country illegally, Low said his group will work with them.
Greed Is The Root Of Immigration Issues
Imprisoning Postville workers is dishonorable in light of what seems self-evident: Meat processing and other industries rely on undocumented laborers for adding profit and maintaining low prices for consumers.
Readers can share their professional announcements (100-words or fewer at no charge), email: email@example.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.
Immigration Film - Pasadena, CA
July 29 - Premier of the documentary "Beyond Borders: The Debate over Human Migration" followed by a panel discussion. For more info, see: http://www.beyondbordersfilm.com/splash_action_on_film.php
Readers are welcome to share their comments, email: firstname.lastname@example.org (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.
I am tired of David Utterback's letters' incessant rambling about God, doomsday illegal aliens, IRS consequences, leaving debt to our children, pontificating as though he were a scholar on the subject of political science, religion and immigration, serving no meaningful purpose in resolving America's immigration problems. I am tired of Robert Yang's letters' beating the same old tired drum about international competition and justifying illegals. I am tired of Jim Roberts' letters' scare tactics that the US is being invaded and taken over by our southern neighbors. It seems like all three, apparently none with any direct experience in the field of immigration law, are using ID as a bully pulpit to express personal opinions that have little relevance to resolving America's archaic and unworkable immigration system. The last couple of months of ID Letters to the Editor have degenerated into a shouting match of ill conceived and badly documented personal opinions, some of which are extreme and have little or no basis in fact or reality, just egotistical argument between the writers. Not once in the past several months have I seen the letters of these three frequent writers offer a reasonable suggestion as to how to draft immigration law and regulations that will compassionately and economically resolve the problematic issues of US immigration. Moaning and berating the system will not change it. Scare tactics akin to "the sky is falling" will not change it. I challenge the letters of Utterback, Roberts and Yang to each offer a reasonable suggestion as to how to streamline the US immigration system so that it will serve the needs of America and its citizens and permanent residents, American employers and aliens, both legal and illegal. Until then, stop the complaining, and if you don't have something constructive, humorous or intellectual to add to the debate, quiet your keyboard.
David D. Murray, Esq.
Newport Beach, CA
Regarding Robert Yang's letter (07/23/08 ID):Had Colin Powell a black general run for president he would have won the election by an overwhelming landslide. You will find no American black or white that would not have voted for Colin Powell. If Bill Cosby ran for governor of a state he too would win because he has the even understanding of race. We have no problem with a black man as president of the U.S. The founding fathers wrote the constitution for America for America. The U.S. constitution was an American document for America not the world.
Millions of Americans whose savings have been sucked up by caring for illegals when they're young and their savings are taken away.
It is not reckless Americans spending, but rather the high tax burden of illegals that rob them. They did save, they did have retirement funds, but due to necessity they've borrowing our their equity from their homes, and also they've borrowed back their government retirement programs due to the economy.
During the 1970's the 1980's federal courts used the power of the government to prevent labor unions striking the transpiration system of the country, which is NOT free market. Then they let in 20 million illegals and the federal courts did nothing. That is NOT free market. But when the oil speculators raised fuel costs by 30 to 40% that was called free market economy. However, when you tie the hands of all the workers in a country from exercising free market and permit an exclusive segment of the financial community to do as they please and call it a free market that's NOT a free market. Like it or not, the millions of people who did invest their home equity and investment schemes were forced to take these funds out to live on.
We must pay higher taxes and work harder not because of paying illegal immigrants' welfare, but to pay so many expensive and foolish wars that many conservatives support but not willing to chip in the cost by paying extra taxes but rather have tax cuts and blame illegal immigrants as easy convenient scape goats as usual. 40 millions foreigners coming or we have 40 million jobs moving overseas because of outsourcing it's all the same thing.
Mr. Utterback's letter (07/23/08 ID) expressed concerns on fear of competition but it's happening like it or not. That's how's the economic laws work. Don't we always shop for the best deals for our money, do we? Most of social security and medicare benefits are for aging American baby boomers not illegal Jose or Diego. And these illegals may contribute a lot of taxes when they work using bogus SSNs. I never teach my kids and future grandkids that being Americans are something to be taken for granted. I won't spoil them that the future will always be shiny without cloudy skies. What can I and others do now is to empower them to be ready to win global competition. Give them best education, teach them foreign languages, give them opportunities to learn new skills so they can survive and earn their decent living and bright future. It's wrong to take things for granted, and it's absolutely foolish to think that by adopting isolationism and protectionism, we can prosper , survive and win the global competition as Americans.
Regarding yesterday's letters (7/23/08 ID) I wonder why the letter of R.
Yang is so anxious to sacrifice itself and others on the corporate alter
of Globalism who care not for individuals, nations or their rights, but
only bottom line profits. While the letter and others may currently find
itself in a position to benefit, these will readily and callously be
discarded for cheaper alternatives when available. The letters claims
to be a fan of the Founding Fathers who did recognize the universality
of our rights and freedoms, but while allowing others to do the same,
restricted America's Constitution to the specific purpose to: "form a
more perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defence, promote the general Welfare, and secure
the blessings of Liberty to ourselves and our Posterity, do ordain and
establish this Constitution for the United States of America". The
letter is delusional if it presumes that the United Nations,
multinationals or a high U.S. entry level will preserve these things. On
the contrary, the letters prove a proclivity to dilute them with a
dogmatic, simplistic and cavalier attitude towards our laws and culture
which truly is "selfish" which hopefully will change with maturity. The
letters of D. Utterback are much more realistic in it's views including
the topic of unfair competition.
I hope that all is well with you. I just wanted to suggest that you update the heading on your web page, since you are now over 30,000 readers.
Editor's note: We will be updating the subscriber number on our homepage during a planned homepage upgrade in the next month or two.
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