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Immigration Daily


Chinese Immig. Daily

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Immigration Daily December 22, 2008
Previous Issues
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Become A Consular Processing Author

Immigration Daily is pleased to announce that 20+ contributing authors have been selected by The Consular Posts Book Editor Rami Fakoury. Thanks to those who have agreed to share their consular expertise for this publication. In order to provide full global coverage of consular issues, we invite immigration attorneys with consular processsing expertise, especially in South America, the Carribean islands, and East Asia to reply.

The consulate posts section of the book aims to provide attorneys and compliance officers with a detailed, nuanced picture of factors that may lead to visa denials and delays, and to provide an inside guide about ways counsel can improve due diligence to proactively avoid such problems. Contributors will receive a gratis copy of The Consular Posts Book. Qualified candidates, correspond directly with Editor Rami Fakoury. Please be sure to include your qualifications and indicate the specific posts(s) that you wish to write on (see chapter 9 updated outline). For information about the book, including a detailed book outline,

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.


    Bloggings on Dysfunctional Government
    Angelo Paparelli shares the latest entries as of December 19, 2008 on his Dysfunctional Government blog.

    Immigrants Of The Day: Mary Paik Lee of Korea, Mona Rico of Mexico, and Meryle Secrest of United Kingdom
    Kevin R. Johnson celebrates the achievements of these notable immigrants.

    To submit an Article for consideration, write to


    EOIR Announces BIA To Begin Providing Decision
    The Executive Office for Immigration Review announced that as part of an ongoing effort to enhance its service to the immigration community, the Board of Immigration Appeals announced that by March 1, 2009, it will begin to provide a copy of its final decision to all aliens in proceedings, regardless of whether the alien is represented by counsel.

    DHS Publishes H2B Final Rule
    DHS published notice in the Federal Register effective January 18, 2009, on changes to requirements affecting H-2B nonimmigrants and their employers.

    DHS Publishes US VISIT Final Rule
    DHS published notice in the Federal Register effective January 18, 2009, finalizing an interim final rule that expanded the US-VISIT program to include aliens seeking admission under the Visa Waiver Program and travelers arriving at designated land border ports of entry.

    CBP Says Temporary Visa Pilot Program Will Expand To Include H2Bs
    U.S. Customs and Border Protection published a general notice, effective August 9, 2009, on the expansion of temporary worker visa exit program pilot to include H-2b temporary workers.


    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.

    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 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and 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

    J-1 Visa Program
    Discover the ease and flexibility of the J-1 Trainee visa with AIESEC United States. For 50 years, AIESEC U.S. has offered foreign nationals the opportunity to grow both personally and professionally by sponsoring exchange visitor traineeships. Enjoy unparalleled customer service, including in-depth guidance on J-1 Trainee visa regulations and the changes effective July 2007. We also offer logistical and cultural reception services in locations nationwide. Expect a 24-48 hr. application processing time. The J-1 Trainee visa can be used for individuals to participate in training programs in the following fields: information media and communications, education, social sciences, library science, counseling and social services, management, business, commerce and finance, the sciences, engineering, architecture, mathematics and industrial occupations, public administration, and law. Attorneys interested in learning more about AIESEC United States and the J-1 Trainee visa, please email Melany Hamner:

    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:


    Immigration-Overhaul Supporters Hope Their Hour Has Come
    With Obama in office, a sympathetic Cabinet and more Democrats in Congress, supporters hope to revive a reform package next year. But the economic downturn sparks worry about protecting U.S. workers.

    Senator Majority Leader Harry Reid Renews Hopes For Immigration Reform
    In a little noticed interview last week, Senate Majority Leader Harry Reid (D-NV) renewed pro-immigrant advocates' hopes for comprehensive refrom of the nations' immigration laws under the next administration.

    Hispanic Retired ICE agent Is Candidate For Assistant Secretary, US Immigration and Customs Enforcement
    Miguel Angel Contreras is proud to announce that he is a candidate for the position of Assistant Secretary, U.S. Immigration and Customs Enforcement.

    US Immigration Anchors $20M Development
    The United States Citizen and Immigration Services has become the first major tenant to take space in Yourland, a mixed-use redevelopment near Sky Harbor International Airport.


    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.

    New Appointment - Immigration Judge
    Executive Office for Immigration Review (EOIR) Director Kevin A. Ohlson announced that announced that an immigration judge was sworn in today during an investiture ceremony at EOIR Headquarters in Falls Church, Va. Chief Immigration Judge David L. Neal administered the oath of office to Jack L. Anderson, who is serving at the Omaha Immigration Court.


    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:
    Tis the season for all of us to be grateful for what has been bestowed upon us. I would like to share some of my reasons for what has been a joyous 2008. I am grateful for increased border security, increased deportations, increased raids on employers who hire illegal aliens and most of all I am grateful for no grants of amnesty. I can only wish for more of the same for an even more joyous and prosperous 2009.


    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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