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Immigration Daily February 10, 2009
Previous Issues
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Comment

Immigration Downturn

The downturn in the economy leaves many immigration attorneys wondering how much of the suffering seen in their own practices is prevalent across the industry. Immigration Daily estimates that the overall field is down 8% in 2008, with another 8% decline anticipated for 2009. Business immigration has been hit the hardest with a 15% reduction in business for 2008 and about another 15% anticipated for 2009. On the bright side, compliance, including employer sanctions has been booming and is an area that will likely continue to grow at over 100% growth (as evidenced for example by DHS Secretary Napolitano who has stated that employer enforcement will increase). Removal work is another area that has been growing, however, this area is expected to slow down later in the year. Even AILA, the bar's organization is not immune to the economy's woes, forcing AILA to suspend publication of Immigration Law Today (formerly AILA Monthly Mailing). Unfortunately, the passing of any stimulus bill will likely not provide relief in immigration benefits. In fact, the Senate passed an amendment restricting H-1Bs and we expect that another bill being drafted now will propose for the first time instituting a labor certification process for H-1Bs. The silver lining to this dark cloud is the prospect of CIR and/or other immigration benefits relief. The ball is squarely in the House's and Senate's courts respectively. Immigration Daily will continue to keep you abreast of news in the field. Stay tuned.

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


Focus

Deadline For H-1B For Experts Is Tuesday, Feb 10th

Tuesday, Feb 10th is the deadline for the Feb 11th phone session of "H-1B For Experts" with discussion leader Karen Weinstock. The curriculum is as follows:

  • Analyzing Labor Condition Application in detail

  • Confirming that the H-1B employer meets the LCA attestations (single employer, required wage, benefits, public access file, posting, no-benching, recruitment and non-displacement)

  • Actual vs. prevailing wage analysis

  • Prevailing wage issues: can anything be done when the company cannot pay the required wage?

  • What about deducting attorney fees from the required wage?

  • Dependency issues that affect the dependent and non-dependent employer

  • What is a Public Access File and what documents are included in it?

  • What additions in Public Access File are required for dependent employer?

  • How to define exempt H-1B workers?

  • Roving employees: definition of place of employment/worksite; 30/60 day rule; recordkeeping and posting issues

  • Documentary requirements in case of an audit.

  • When does the company's requirement to pay end?

  • Liquidated damages vs. penalty issues

  • A current review of enforcement issues and DOL assessment of back wages and other penalties.
The deadline to sign up is Tuesday, Feb 10th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/200901.shtm. Fax version: http://www.ilw.com/seminars/200901.pdf.


Articles

Impact Of Satyam Scandal On H-1B Employees
Danielle Rizzo writes "The unfolding scandal surrounding Satyam founder, B. Ramalinga Raju, has far-reaching consequences for the IT industry in India and the United States, not least for H-1B workers employed by the company."

Terminology To Define The Terrorists: Recommendations From American Muslims
DHS's Office for Civil Rights and Civil Liberties writes "This memorandum outlines recommendations from a wide variety of American Muslim leaders regarding the difficult terrain of terminology."

Bloggings On PERM Labor Certification
Joel Stewart writes "One mistake made by many employers and their representatives is that they copy job descriptions for PERM cases directly from the O*Net."

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


News

USCIS Responds To CIS Ombudsmans's Recommendations On USCIS EAD Processing Delays
USCIS Acting Director Michael Aytes responded to CIS Ombudsman's recommendations on USCIS processing delays for EADS.


Classifieds

Help Wanted: Immigration Attorney
Beverly Hills, CA - Busy immigration law firm has immediate opening for experienced, hard-working and creative self-starter. Candidate must be able to thrive in challenging, trial-oriented environment where deadlines are critical, must be active bar member (any jurisdiction), and have experience in handling nonimmigrant business and/or NIV visas and consular practice, PERM, family, removal proceedings, as well as BIA and Circuit Court Appeals, and federal litigation. Must have following: demonstrate quick analytical ability and facility to articulate critical issues in case; have superior oral and writing skills, strong research and interpersonal skills, and good judgment; possess excellent courtroom skills and exhibit ability to work in professional manner with others, demonstrate computer literacy skills. Expected to do own legal research and writing and to be substantially self-sufficient in preparing day-to-day correspondence/pleadings. Occasional travel required; bilingual a plus, but not essential (spanish or korean) No relocation reimbursement. Send cover letter, resume, + writing sample (max. 10 pps. in MS Word or Adobe PDF format) to sirennesanchez@asherson.net.

Help Wanted: Immigration Attorney
Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks experienced attorney for Associate Regional Counsel position, USCIS OCC, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be active bar member (any jurisdiction), and have 2+ years of post-JD experience in immigration law. For more info, key in Job Announcement Number: COU-CIS-2009-0002 at USAJobs.com. Preference is given to applicants with immigration law experience, a background in federal litigation, an excellent academic record, and strong writing skills. Submit a resume, cover letter + writing sample (max. 10 pps.) to: Kelli J. Duehning, Western Regional Counsel, USCIS Office of the Chief Counsel at Kelli.Duehning@dhs.gov. Must be received by close of business, Tuesday, February 10, 2009. Position is at the GS-13/14/15 levels and is open until filled. 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 info@inszoom.com.


Headlines

Bill Targets Immigrants With Fake IDs
With Mississippi being the site of the nation’s largest workplace raid on undocumented workers, lawmakers are trying to crack down on illegal immigrants who obtain false identification for employment.

Obama Brings Change of Course On Immigration, Top Aide Says
According to Emanuel, the former Democratic whip in the U.S. House of Representatives, the inclusion of benefits for immigrants' kids in the face of opposition from some Republicans indicates that in the debate over immigration, "the arrow has begun to point in a different direction."

UCLA Student And Illegal Immigration
In this case, nearly 300 readers commented on the Feb. 2 story of 18-year-old Karina De La Cruz, who was born in Mexico, lives in San Pedro and is the first in her family to go to college.

Immigration Debate Surfaces In Stimulus Bill
Groups opposed to illegal immigration are mobilizing to ensure that the massive economic stimulus package under consideration in Congress contains provisions to protect American workers.


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.

New Offices - Alpharetta, GA and Jacksonville, FL
Benjamin Lowe is proud to announce the opening of his new full-service immigration practice, with offices in metro Atlanta, Georgia, and Jacksonville, Florida. In Georgia: 4555 Mansell Road, Suite 300, Alpharetta, Georgia 30022. Ph: (770) 587-9770. In Florida: 9250 Baymeadows Road, Suite 440, Jacksonville, Florida 32256. Ph: (904) 365-7421. Fax: 770-272-2269. For more information, visit the website at http://www.immigratenow.us.


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:
How can we, immigration advocates and AILA members, make a difference in the halls of Congress? There is a simple and effective tool (which I have used to great effect in other advocacy contexts.) That is, at each AILA chapter meeting, seminar and regional and annual conference, to set aside five (5) minutes for all in attendance to simultaneously use their cell phone to call their House Representative and/or Senator for immigration advocacy on a pending bill. It would create an amazing sense of empowerment, collegiality, serve as a catalyst for additional efforts, familiarize the membership with the relevant legislation, and, hopefully, add greatly to the numbers of pro-immigrant "votes" cast. This could also be applied to meetings of every pro-immigrant organization. It would be simple, inexpensive and effective.

Norine F. Krasnogor, Esq.

Dear Editor:
I'm afraid Maura Freeman's letter's arguments (02/07/09 ID) continue in the tradition of opinion based on emotion, rather than on fact and an understanding of migration theories, immigration law and the concept that a country has the right and the ability to pass laws deemed in the best interest of the country. Contrary to the letter's assertions, the US has no duty to show "respect" for persons who violate its laws. In fact, it has the right to punish them. Anchor babies can provide no immigration benefit to their parents until they are 21. Even then, they cannot provide permanent residence rights to parents who entered the US without inspection – see INA 245(a). It appears that either the letter writer does not understand this, or simply wishes the law were otherwise. While US citizen anchor babies have the lawful right to remain in the US, its parents do not - no more than I have the right to enter Mexico without proper immigration and demand to live and work there - I would be jailed. Ms. Freeman's letter states, "Just because a law is on the books does not make it fair, just or constitutional." While this is true, until overturned by legislation or Supreme Court decision, it is still the law and must be respected. Roger Algase's recent letters have attempted to point this out. Rampant disrespect and violation of law is anarchy. Twelve million illegals, out of a nation of 303,824,640 (July 2008 Census Bureau estimate), qualifies as borderline anarchy (no pun intended). Immigration laws are not unconstitutional and fairness and justice are in the eye of the beholder. The law does not "feed anchor babies to the lions," but neither does it allow illegal entrants to get a foothold in the US based on a dirty diaper.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I am pleased to tell ID that I am a beautiful Brazilian, very well qualified, very well-balanced psichologically, and very happy that I do not have to go back again to this terrible country that US had became. Because I do have a job on my national country that pays me much better ( and it is far away form illegal activities), and that treats me like a great human being and that uses my qualifications as it deserves. ID. Who thinks is much superior, ID stinks. I do not want your kind to come to my homecountry. I hope your children have to go through our Amazon River to get to enter into Brazil. Among piranhas and anacondas and salvages. And I hope ID get robbed by the poors, because in US I was robbed by the Government. Your descendents are expected to face much more discrimination than you ever dreamed against your enemies allies . And this hope will not fade away among our christianity, because our Christian path is only for the poors. I do not hate Americans. But I do hate your fully ignorance. Since, my people has the reason to be violent, but you had an opportunity to get educated (and spoiled it all).

RLM

Dear Editor:
I attended the Obama Inauguration on January 20th. This memoral event represents a change in our country's desire for immigration reform. I look forward to attending Lobby Day in March so that those less fortunate may be able to immigrate to this country. I also hope that this administration stops the random arrests of Latino's in this country.

Rogelio Quesada
San Diego, 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 1995-2008 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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