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Immigration Daily November 14, 2008
Previous Issues
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We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


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 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.


    Articles

    Bloggings on Nurse Immigration
    Christopher T. Musillo of the Hammond Law Group shares the latest entries as of November 6, 2008 on his nurse immigration blog.

    Immigrants Of The Day: Peter Löwenbräu Griffin of Mexico, Caitlín Rebekah Kiernan of Ireland, and Guarione M. Diaz of Cuba
    Kevin R. Johnson celebrates the achievements of these immigrants.

    To submit an Article for consideration, write to editor@ilw.com.


    News

    CBP Publishes ESTA Travel Notice
    CBP published notice that, beginning January 12, 2009, all nonimmigrant aliens traveling to the US under the Visa Waiver Program must obtain an approved travel authorization from the Department's Electronic System for Travel Authorization (ESTA).

    USCIS On E-Verify
    USCIS released information about the E-Verify process. For the E-Verify press release, see here. For the FAQs, see here.


    Classifieds

    Help Wanted: Immigration Paralegal
    Experienced immigration paralegal to work remotely drafting mostly non-immigrant visa petitions (O, L, E, H) and some EB-1, PERM & AOS status applications for small firm. Excellent references essential. Email resume to lawyersinternational@gmail.com.

    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: info@aetsinternational.com.

    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 www.inszoom.com/websites or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.


    Headlines

    Obama's Ability to Help Illegal Immigrant Aunt May be Limited
    President-elect Barack Obama has promised to use his executive power to help struggling Americans with a variety of issues, but his hands may be tied when it comes to helping an illegal immigrant -- his own aunt -- stay in the country.

    Immigrants' Rights Organizations Sue Department of Homeland Security for Public Accountability about Deportation Program that Sidesteps Legal Process for Immigrants
    Advocates have expressed concerns that immigrants signing these orders do not realize they are giving up their rights to challenge their deportation.

    War In The GOP & John McCain's Blame Game
    The top brass in the Republican Party that the public blames the most for perpetual wars, the next Great Depression, and trying to give Amnesty to millions of illegal aliens that they let into the country in the first place are circling the wheel of the GOP ship with their rapiers out.

    ICE Won't Say Whether It'll Reveal Who Leaked Immigration Status Of Obama's Aunt
    Immigration and Customs Enforcement won't say whether findings from its investigation into the source of an election-eve leak about the immigration status of Barack Obama's aunt will be made public.


    comingsNgoings

    Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.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 Event - Chicago, IL
    Chicago, IL - Workplace Enforcement & Immigration, November 17, 2007, Loyola Law School. The Federal Bar Association is pleased to sponsor this event which will provide practical guidance on issues arising from DHS enforcement measures. Keep abreast of the most pressing issues and initiatives undertaken by the government and the best practices associated with them. For details, including how to register, see here. Additional questions can be directed to program chair Peggy McCormick: mmccormick@mmhpc.com or (tel) 312-267-4610. ILW.COM is pleased to be an event media sponsor.


    Letters

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

    None today.


    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 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.

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


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