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Immigration Daily January 12, 2009
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Comment

CIR Enactment Begins

The 111th session of Congress introduced S. 9 "Stronger Economy, Stronger Borders Act of 2009" (for full text, see news below). Sen. Leahy, chairman of the Judiciary committee made the following remarks on the Senate floor when introducing the legislation (Sen. Kennedy resigned as chairman of the immigration subcommittee, thereby shifting immigration matters within the purview of Sen.Leahy):

"Mr. President, as we begin the 111th Congress, we will try, once again, to enact comprehensive immigration reforms that have eluded us in the past several years. With an administration that understands the critical necessity of meaningful reform and that understands the policy failures of the last 8 years, I am hopeful that the new Congress can finally enact legislation consistent with our history as a nation of immigrants.

The majority leader has included immigration reform as among the legislative priorities for the new Congress. I look forward to working with him, Senator Kennedy, Senator McCain, and others interested in working toward the goal of immigration reform.

In 2006 and 2007, Congress attempted to pass practical and effective reforms to our immigration system. In 2006, the Senate did its part and passed legislation, only to be thwarted by those in the House of Representatives who opposed dealing with the issue in a meaningful way. In 2007, the House passed legislation only to have it blocked in the Senate by Republican Members opposed to effective reform.

If our immigration policies are to be effective and play a role in restoring America's image around the world, we must reject the failed policies of the last 8 years. We cannot continue to deny asylum seekers because they have been forced at the point of a gun to provide assistance to those engaged in terrorist acts. We cannot continue to label as terrorist organizations those who have stood by the United States in armed conflict. We must not tolerate the tragic and needless death of a person in our custody for lack of basic medical care. We must ensure that children are not needlessly separated from their parents and that family unity is respected.

We must move beyond the current policy that is focused on detaining and deporting those undocumented workers who have been abused and exploited by American employers but does nothing to change an environment that remains ripe for these abuses. We must protect the rights and opportunities of American workers and, at the same time, ensure that our Nation's farmers and employers have the help they need. We should improve the opportunities and make more efficient the processes for those who seek to come to America with the goal of becoming new Americans, whether to invest in our communities and create jobs, to be reunited with loved ones, or to seek freedom and opportunity and a better life. We must also live up to the goal of family reunification in our immigration policy and join at least 19 other nations that provide immigration equality to same-sex partners of different nationalities. And I believe we would be wise to reconsider the effectiveness and cost of a wall along our southern border, which has adversely affected the fragile environment and vibrant cross-border culture of an entire region. Such a wall stands as a symbol of fear and intolerance. This is not what America is about and we can do better.

Those who oppose a realistic solution to address the estimated millions of people currently living and working in the United States without proper documentation have offered no alternative solution other than harsh penalties and more enforcement. The policies of the last 8 years, which have served only to appease the most extreme ideologues, must be replaced with sensible solutions. I am confident that our country and our economy will be far more secure when those who are currently living in the shadows of our society are recognized and provided the means to become lawful residents, if not a path to citizenship.

As President-elect Obama's administration considers immigration issues, I look forward to working closely with them and with the Senate's leadership to find the best solutions. President-elect Obama's nominees to lead the Department of Homeland Security and the Department of Labor understand very well the importance of sensible border policies and the importance of workers' rights. The American people look to all of us to forge a consensus for immigration reform that rejects the extreme ideology that has attended this issue and prevented real progress."

This shows that Senate Democrats have made immigration a top ten priority. We remain convinced that CIR will move fairly quickly through the legislative process into an act. Stay tuned to Immigration Daily for the latest in CIR.

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

    Grading The Various Governmental Bodies For Their Work On Immigration In 2008
    Alan Lee writes "There was not a lot to cheer about in 2008 immigration-wise, and so we thought that we would recap some of the year's performances and hand out grades for the things we thought were good and not so good."

    Immigrants Of The Day: Yanni of Greece, Spruha Magodia of India, and Eileen Chang of China
    Kevin R. Johnson celebrates the achievements of these immigrants.

    Bloggings on Dysfunctional Government
    Angelo Paparelli writes "For several months, I've looked into the immigration tea leaves and seen the need to make a major career change."

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


    News

    DOJ Says No Right To Counsel For Aliens In Removal Proceedings
    In Matter of Compean et al., Interim Decision #3632, 24 I&N Dec. 710 (A.G. 2009), the Office of the Attorney General said that "aliens in removal proceedings have no right to counsel, including Government-appointed counsel, under the Sixth Amendment of the Constitution because the Sixth Amendment applies only to criminal proceedings and removal proceedings are civil in nature."

    USCIS Announces 100,000 Employers Use E-Verify
    USCIS announced that more than 100,000 employers have signed up to participate in E-Verify.

    First Immigration Reform Proposal Is Introduced In Congress
    We carry the text of S.9, introduced by Sen. Reid, Sen. Levin, Sen. Kerry, Sen. Kennedy, Sen. Begich, Sen. Durbin, Sen. Leahy, Sen. Boxer, Sen. Bingaman, Sen. Mccaskill, Sen. Lieberman, Sen. Klobuchar, Sen. Schumer, and Sen. Brown and entitled, "Stronger Economy, Stronger Borders Act of 2009".

    USCIS Announces New Filing Location For EB-5 Petitions
    USCIS published notice in the Federal Register announcing a change in filing location for EB-5-related petitions and applications and regional center proposals.


    Classifieds

    Translation Services
    Eurasia Translations, Inc. has been proud to serve immigration attorneys and individuals since 1993 with the translation of personal documents, academic credentials, criminal clearance letters, etc. Our customers can rest assured that all of our translations are prepared in accordance with USCIS requirements and are accompanied by a notarized certificate of accuracy. For more information, please call 888-887-1884 or visit our website. For a free quote, please complete http://eurasia-usa.com/turntime_rate/turntime_form.html or fax your document at 818-907-9763.

    Help Wanted: Immigration Paralegal
    Downtown Washington, DC firm seeks mature and responsible senior business immigration paralegal with 4+ years experience in business immigration cases, including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and EB-2) and PERM. Must be capable of independent work, including legal research, intensive client contact and drafting responses to complex RFEs and NOIDs. Bilingual Spanish/English speaker preferred. Must have bachelor's degree and excellent native-level English writing skills. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. Salary commensurate with experience. Please email resume, references and writing sample to pschwartz@paulhaarlaw.com. No calls please.

    Credential Evaluation
    Do not order a foreign credential evaluation until you read this. Career Consulting International, offers credential evaluation of your non-US degree. Fast service at low prices. Mention Immigration Daily to receive 3-day rush service at no extra cost (reg. price $70, rush service $70 = savings of $70). H1B and I-140 specialists. Evaluations of 4 year degrees (72hr. rush service) only $70.00. Also 3 year degrees combined with PGD, second degrees, or work experience. Pay online. Toll-free fax/phone numbers. Our clients say it better than we do: "I don't know what to say but you changed my life. In a place that others failed you came and with your evaluation... I just got approved to my I-140." "I'd like to thank you for your services in evaluating my educational documents. You helped me in a difficult situation and through extensive research you were able to get results that other, "bigger" agencies were unable to achieve". Click here to see more testimonials. Free consultation. Call today toll free: 1.800.771.4723


    Headlines

    Mitt Romney in the Amnesty Hotel
    People can say what they want about illegal immigration, but what they do says a lot, too.

    E-Verify Bill Puts Onus On Employers
    A written complaint would trigger a county or state investigation into whether an employer knowingly hired an illegal immigrant.

    Montebello Woman Pleads 'No Contest'
    A woman who bilked clients out of hundreds of thousands of dollars through a large-scale immigration fraud ring pleaded no contest Wednesday to eight grand theft charges.

    Immigration Firm to Merge With Seyfarth Shaw
    The immigration law specialty firm Paparelli & Partners is merging with Chicago-based Seyfarth Shaw, which will expand its labor and employment business immigration practice group with the new team of eight attorneys and nine staffers.


    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.

    Mergers And Acquisitions - Los Angeles, CA
    Seyfarth Shaw LLP is pleased to announce that the firm has significantly expanded its business immigration practice with the addition of a team consisting of eight business immigration lawyers and nine additional team members, including para-professionals and staff. Angelo A. Paparelli, formerly of Paparelli & Partners LLP, joins the firm as partner, along with attorneys Susan K. Wehrer, Debi S. Gloria, Kwang-Yi Ger Gale, Karen Gatbonton, Elise Tsai, Lily S. Hensel and Elizabeth Wheeler. All were with Paparelli & Partners LLP, an immigration specialty law firm established in 1997. www.seyfarth.com.


    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:
    Thank you for including Mark Krikorian's article in the January 8th issue of ID. While I do not share his Article's preference for reducing immigration, the Article's characterization of the four basic policy tendencies in the immigration debate are accurate, and indeed insightful. Not all those who want to lower immigration flows are anti-immigrant, and not everyone who does not is pro-immigrant. It seems to me that working with both pro-immigrant and pro--immigration lawmakers and other government officials is the way to go for our (pro-immigration, pro-immigrant) side, rather than alienating potential allies on some issues by lumping them all in with the maximalist caricature of antis.

    Honza Prchal, Esq.

    Dear Editor:
    In defining what is a "natural born Citizen" under Article II, we are attempting to define what the standard to be President of the United States is as envisioned by the Founders of our nation and the Framers of the Constitution who had just fought a revolutionary war against a foreign power. That standard has to be an exacting one. We are not talking about the requirements to hold any other political office, to be a judge, or to be an ordinary citizen. We are not talking about the requirements to hold any other political office, to be a judge, or to be an ordinary citizen. We are not referring to a citizen defined in the 14^th Amendment or by a Congressional Act. The Founders in their wisdom recognized the importance of the highest office in this country and for national security reasons singled it out in Article II, limiting it to individuals who have no conflicts in allegiance to our nation. The question of what is a "natural born Citizen" must be answered not only with the thought of what is "fair" and "politically correct" in our immigrant America, but also with what makes sense from a self-survival standpoint. Perception of how safe our world is today is not relevant in this analysis. When analyzing the national self-survival factor, we have to assume the most extreme examples, existing not only in today's world but also in that of the future. If there is any doubt on this issue, we must err on the side of national security and not on the side of a liberal philosophy espoused to please all people.

    Mario Apuzzo, Esq.
    Jamesburg, NJ

    Dear Editor:
    Two letters of January 9, one from Matt and one from AJO, represent opposite and equally flawed extremes on an issue that Mario Apuzzo's letters originally raised on the "case closed" question of whether President-elect Obama is a "natural born" US citizen. Despite all the irrelevant gossip and speculation about what an ambassador from Kenya may or may not have said about Barack Obama's birthplace, or a name that he may or may not have used in Indonesia as a child, and despite Mr. Apuzzo's letters' almost mystical and confused ramblings to the effect that someone born in the US might still somehow fail to be a "natural born" US citizen, this is indeed "case closed". If there is anyone who doesn't like the idea of a black US president, I respectfully suggest that he or she will have at least four years to get used to it. However, just because Matt's letter makes the silly comment that the presidency has been "outsourced", this doesn't excuse AJO's letter's equally mistaken comment that it doesn't matter where a US president is born, as long as he can do the job. A nice thought, but it is contradicted by a little piece of paper which we are all bound to follow, known as the United States Constitution. Can we now put this trivial and irrelevant issue behind us and talk about the serious problems facing immigrants, such as the new, disgraceful, ruling from outgoing Attorney-General Mukasey that respondents in deportation proceedings are not entitled to be represented by counsel? There is something terribly wrong in America today, and it is something that has nothing to do with Barack Obama's birth certificate.

    Roger Algase, Esq.
    New York, NY

    Dear Editor:
    I'm a bit surpised you have not mentioned in the Daily that there is an immigration reform bill on the Senate's agenda - S.9 sponsored by at least 13 senators, including Kennedy, Kerry, Boxer, Lieberman, McCaskill, Leahy.

    Daizie Seventy-three


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


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