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Immigration Daily July 24, 2008
Previous Issues
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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 a mistake. 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 constituents.

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.

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


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 Client For Review & Signature

    • Sample letter to client
    • LCA posting notice
    • Sample Letter to Employer Regarding Public Access File
    • Memorandum to employers on Labor Condition Application
    • Public Access File sample
    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. For the fax form, see here.


    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


    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. Strong 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:, reference: Paralegal position.

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

    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: 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, or email:


    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: 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:


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

    Dear Editor:
    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

    Dear Editor:
    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.

    David Utterback

    Dear Editor:
    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.

    Robert Yang

    Dear Editor:
    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.

    Jim Roberts

    Dear Editor:
    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.

    Robert Gittelson

    Editor's note: We will be updating the subscriber number on our homepage during a planned homepage upgrade in the next month or two.

    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 1995- American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

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

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