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Immigration Daily December 15, 2008
Previous Issues
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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: For info/ordering by fax, please see:


Bloggings on Dysfunctional Government
Angelo Paparelli shares the latest entries as of December 11, 2008 on his Dysfunctional Government blog.

Immigrants Of The Day: Heath Ledger of Australia, Monica Seles of Yugoslavia, and Bill Graham of Germany
Kevin R. Johnson celebrates the achievements of these immigrants.

To submit an Article for consideration, write to


Active EB-5 Regional Centers List
We provide a list of currently "active" regional centers, effective as of December 2008 (courtesy of the USCIS Service Center Operations, EB-5 program).

USCIS Finalizes Streamlining Procedures For H-2A Program
USCIS announced changes to the H-2A regulations that will streamline the hiring process of temporary and seasonal agricultural workers. For the H-2A fact sheet, see here. For the Q&A, see here.

DHS Says Expedited Removals Accounted For 33 Percent Of All 2007 Removals
The DHS Office of Immigration Statistics released its Annual Report presenting information on the apprehension, detention, return, and removal of foreign nationals during 2007.

USCIS Announces EAD Extension For Eligible El Salvador Nationals
USCIS announced an automatic extension of the validity of Employment Authorization Documents for eligible Salvadoran TPS beneficiaries for six months through Sept. 9, 2009.


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 Submit a resume, cover letter + (2) writing samples to: Claudia Salem, Acting Chief, Adjudications Law Division at 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.

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 for more information or contact a USA Global Development representative by e-mailing 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.

Website Services
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Judge Halts Immigration Cases
A Weld District Court judge is questioning the legality of search warrants issued in the cases against 1,300 suspected illegal immigrants using fake identification.

Gordon Urges More Funds For Border Security
Phoenix Mayor Phil Gordon told senior members of President-elect Barack Obama's transition team Thursday that the U.S. government should boost the number of federal agents on the border but also dedicate more money to law-enforcement operations targeting violent crime in urban cities.

Detainee Relocation Leaves Unanswered Questions
All immigrant detainees are being moved out of a Rhode Island detention facility where a Chinese man in custody for overstaying his visa died in August, the latest in a series of relocations of illegal immigrants.

Judge Dismisses Immigration Suit
A federal judge has dismissed a lawsuit aimed at compelling some Lexington [Kentucky] government agencies to curtail public benefits offered to residents who are undocumented immigrants.


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.

Appointment - Board Of Immigration Appeals Vice Chairman
Attorney General Michael B. Mukasey has announced the appointment of David L. Neal as Vice Chairman of the Board of Immigration Appeals (BIA), effective January 5, 2009. Neal was appointed as Chief Immigration Judge in March 2007 after serving as acting Chief Immigration Judge. He received a Bachelor of Arts degree in 1981 from Wabash College, a masterís degree in 1984 from Harvard Divinity School and a juris doctorate in 1989 from Columbia Law School. Prior to his serving in various capacities within the Executive Office for Immigration Review, Neal practiced immigration law in Los Angeles and also served as the director of policy analysis for the American Immigration Lawyers Association. In addition, Neal is a member of the New York and District of Columbia bars.


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:
For readers' ease, would ID consider hyperlinking the "items" at the top, to the corresponding articles in the body, below? I find that, scrolling down, I often over - or undershoot the article, since I have no way to gauge the length of the preceding articles. It's just a bit of extra effort in a busy day. Thanks for your consideration. I continue to be impressed by the quality, as well as the variety, of the content of Immigration Daily. Keep up the good work.

Allen Ladd, Esq.
Greenville, SC

Editor's note: Thanks for your comments. To accomplish the above, we would have to convert the email version of Immigration Daily into html format (it is currently in text format). We are aware that some readers prefer the html format, however, for many technological reasons, there are no plans at this time to offer an html version of Immigration Daily.

Dear Editor:
With regard to the letters of Victor Johnston and Roger Algase (12/12/08 ID), responding to Mario Apuzzo's, Esq. letter (12/11/08 ID) which attempts to slice and dice finer than a puree the semantics of "natural born citizen," and what the framers of the Constitution meant by that phrase. With just a smattering of legal research, coupled with a small dose of common sense, I believe it is clear to anyone with half a brain that a "natural born citizen" is one who gained citizenship by means other than naturalization; i.e., they aquired citizenship as a birth right, either through birth on US soil (or soil deemed American at the time), or through a US parent if foreign born. There simply is no Constitutional issue here and proof of the pudding is that both John McCain and Barack Obama were allowed to run for president, without Constitutional challenge by either party's legal beagles, who would have jumped on that issue like a cowboy on a bronc, had the issue been at all viable. Now Arnold Swartzenegger, that's another story, and an example of a politician who is not a natural born citizen. As Mr. Johnston's letter says, "Put it to rest," and as Mr. Algase's letter states, "Get over it." I hope this will be the last beating of the dead horse topic of what is, and is not, a "natural born citizen". Now the nation can get back to business as usual, mucking up the immigration system with CIR (code word for Amnesty).

David D. Murray, Esq.
Newport Beach, CA

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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