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Immigration Daily November 26, 2008
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Comment

The Significance Of March 6th

It appears that the 111th Congress will turn the corner on immigration benefits legislation. The betting appears to be that the Republicans will pick their battles carefully after the recent drubbing at the polls, and perhaps they will hold their fire on immigration, and will oppose the expected health care initiative instead. In the Senate at least, things are clearer as to where to start the debate - while Kennedy-Kyl went down to a resounding defeat, McCain-Kennedy easily passed - so a benefit-heavy approach appears to be the winner over an enforcement-heavy one.

The opening salvos over immigration in the 111th Congress will be fired very early, before March 6th, which is when E-Verify runs out of authorization absent an act of Congress. Sen. Menendez (hopefully joined by like minded allies) will not permit re-authorization for E-Verify without establishing the principle that the 111th Congress is benefits-minded on immigration. This first battle will indicate how we should expect the rest of the 111th Congress to go on immigration, and the immigrant community will be watching every actor in this early fight closely. The Senate has a number of options on how to proceed (as below, together with our comments):

  • Enact E-Verify for 5 years without benefits - unlikely given the immigrant-friendly composition of the 111th.
  • Enact E-Verify for 5 years with benefits, such as recapture of 500,000 visas - this is the option that Sen. Menendez was pushing in the 110th Congress.
  • Enact E-Verify for a few months with benefits, such as recapture or the rebirth of 245i in the form that the Senate passed and which was before the House in the morning of 9/11 - this is the best option since it would ensure that the antis have a stake in CIR, and would re-establish 245i as national policy without benefiting too many folks prior to CIR (perhaps a few tens of thousands would benefit by the extension of 245i to the mid-August 2001 deadline of the old bill).
We strongly suspect that some variant of the third option is what Congress will ultimately end up doing. It is unlikely that the action will all be on the Senate side - the House has much to prove after the debacle of the Sensenbrenner bill in the 109th and the do-nothing 110th. House Democratic leaders may well be preparing the March 6th surprise, particularly since this would be an appropriations measure, which the Constitution requires the House to originate. No matter what happens, or does not happen, March 6th is the critical day to watch - the die for immigration benefits in the 111th Congress will be cast by then.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

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

ILW.COM is pleased to announce a new book on tax compliance for immigrants and employers authored by noted authority Paula Singer. The outline is as follows:

  • International Aspects of Individual U.S. Tax Returns
  • A Guide for Filing IRS Forms 1042 and 1042-S
  • L-1 Intracompany Transferees on U.S. Assignment
  • J-1 Nonstudent Exchange Visitors Performing U.S. Services
  • U.S. Taxation of H-1B Specialty Workers
  • U.S. Taxation of B-1 Business Visitors
  • U.S. Taxation of Foreign Students
  • Tax Treaty Benefits for Foreign Nationals Performing U.S. Services
  • What You Need to Know About Exchange Visitors
For more info, including how to place a pre-publication order, please see: http://www.ilw.com/books/tax.shtm. For info/ordering by fax, please see: http://www.ilw.com/books/tax.pdf.


Articles

Raising Your Rates: When And How to Do It
Edward Poll writes "An age-old question for lawyers--all businesses in fact--is: when and how can prices be raised."

Homeward Bound: Recent Immigration Enforcement And The Decline In The Illegal Alien Population
Steven A. Camarota and Karen Jensenius for the Center for Immigration Studies write "The evidence indicates that the illegal immigrant population may have declined by over one million in the last year."

Immigrants Of The Week: Padma Lakshmi, Oded "Max" Brenner, and Frank Gehry
Greg Siskind honors immigrants of the week.

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


News

USCIS QAs On Honduran And Nicaraguan TPS Re-registration Extension
USCIS issued questions and answers on the extension to the re-registration period for nationals of Nicaragua and Honduras who have been granted Temporary Protected Status.


Classifieds

Help Wanted: Immigration Attorney
Rockville, MD - Shulman, Rogers, Gandal, Pordy & Ecker, P.A., the largest suburban MD law firm, seeks a proactive, result-oriented immigration associate with 3+ years of attorney experience in immigration law including employment-Based IV (including EB-1, EB-2, EB-3), and NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1, TN), family-Based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. Position includes supervision of paralegal and administrative staff. If you have excellent academic credentials and strong drafting skills, you will find an exciting, diverse practice with opportunity for further career development. We offer an excellent salary/benefits package. Work with an experienced team of professionals who are passionate about the practice of immigration law in a fast paced, collegial setting with all the resources of a large law firm. Submit resume to: Ms. Maura Bowen, 11921 Rockville Pike, Third Floor, Rockville, MD 20852-2743, Fax (301) 230-2891, e-mail: mbowen@srgpe.com

Help Wanted: Immigration Attorney
Sherman Oaks, CA - The Law Offices of Jessica Dominguez has an immediate opportunity for an immigration attorney to work on a wide range of cases in a diverse, full-service immigration law practice. Attorney must be bilingual in English and Spanish. Attorney will represent clients before immigration officers and in immigration courts including employment-based IV, NIV, family-based IV, and naturalization. Excellent legal research/writing and outstanding communication skills needed. Ideal candidate has 2-4 years of experience - exceptional, motivated candidates with less experience also encouraged to apply. Right candidate shows initiative and works independently. Great office environment and wonderful clients. We are pleased to offer an alternative work-plan schedule that allows its employees to take one Friday off every 8 weeks. Send cover letter, resume, + writing sample to Jessica Dominguez: abogadalatina@aol.com. Replies will be treated in strictest confidence and references will not be contacted without prior approval.

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 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.

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 80+ engineers and 11 sales and support staff. INSZoom is 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 info@inszoom.com.

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


Headlines

Sen. Majority Leader Comment Marks Monumental Shift In Immigration Reform Prospects
Given this new political reality, all signs point to a monumental shift in how immigration reform may be taken up and tackled in the 111th Congress. Options Abound for Executive Action On Immigration
The new administration can use executive orders, departmental reviews, regulations and personnel appointments to affect policy without Congress having to weigh in.

Undercover Immigration Agent Charged With Taking Kickbacks
A federal undercover agent investigating an Ecuadorean-Chinese smuggling ring accepted cash kickbacks and other gifts from a paid U.S. government informant involved in the probe of the illegal migrant network, according to an indictment unsealed Monday.

Latinos Pin Hopes Of Immigration Reform On Obama
Although they initially leaned more toward Hillary Clinton, Latinos threw support to Obama by 67% nationwide, increasing their turnout, delivering several key states and gaining clout in the Democratic party.


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 - College Park, MD
December 11 - University of Maryland hosts a Conference on Immigration and Immigrants' Incorporation in United States Civil Society. Invited panelists and attendees will discuss timely topics on the issue of immigration, how the research and policy communities can inform national and local policymakers in the post-election season, and hear from immigrants living in Prince George's County share their personal histories and insights. Contact: Judith Freidenberg, at jfreiden@umd.edu or (301) 405-1420.


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.

Dear Editor:
I definitely agree with Kevin Dixler's letter (11/25/08 ID) on needing a DHS Secretary who has experience in densely populated major metropoolitan communities and isn't a politician who does not have a reputation of appeasing the opposition rather than informing it. Her strong stand against the border wall is unlikely to be carried into a DHS job.

Paul Good, Esq.

Dear Editor:
I entirely agree with Kevin Dixler's letter (11/25/08 ID) about Janet Napolitano. No one who signed the harshest anti-immigrant "enforcement" (read "persecution") law in the country or who wants to put National Guard soldiers on the Mexican border should be considered for DHS Secretary. The last thing we need is for a Democratic president to try to do a right wing end run around the Republicans on immigration.

Roger Algase, Esq.
New York, NY

Dear Editor:
What will the cost, to American taxpayers, to give cheap citizenship ("amnesty" to all by those paying for it) to all 12 to 20 million illegal immigrants? What is the cost for their then free health care? What is the cost to get them to learn and speak English? (Will taxpayers be required to buy each illegal a Rosette Stone "English" class?) What's the cost to administer these folks and their "path to citizenship"? How's it ever going to work, especially since our govenrment can't keep track of them now? How much corruption will be involved? Will drug dealers get special assistance? How will this nonexistant "back of the line" work? (When will be told the "back of the line" does not exist?) And, if the border is never secured, how many more illegals will be be importing? How can we American taxpayers possibly pay for this huge importation of poverty? How will our kids pay for this? They can't.

Jim Ihlenfeld
Aurora, IL

Dear Editor:
Regarding ID comment (11/25/08 ID), here we go again! Two so-called "Hispanic/Latino" lawmakers demanding "Comprehensive Immigration Reform" (CIR), which the vast majority of us in the real world understand to clearly be another bite at the apple of amnesty for immigration law violators. Let us be clear about one thing: these law violators are not in any "shadows" by design of the U. S. government. They are "in the shadows" by their own choice, by their own wanton, willful violation of our known immigration law and procedures. While lawbreaker appeasers like Menendez and Gutierrez seek to blame the U. S. government for the presence of all these illegals, and seek to demand that action be taken to apply procedures to them that do not include their rightful deportation because "the economy would not survive without them", there are several million beneficiaries of lawful petitions for immigration who are patiently awaiting their turn for legal entry outside of the US. Will Menendez and Gutierrez demand "special accelerated entry" status for those truly law-abiding foreigners who are just as capable of keeping our economy afloat as are all those who chose to enter illegally, or enter legally, then ignore the generous terms of their legal admission for temporary stay? Are these two willing to give up the current family-based chain migration that gives priority to blood relationships rather than the economic, academic needs of the country? Many of those whose approved petitions are currently in the USCIS/US State Department pipeline are qualified family members who, like the siblings of my spouse, are in fact persons who possess educational levels, work experience, and even language skills that are immediately applicable to our economic needs.

J. E. Smith
Brunswick, Georgia


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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