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Immigration Daily April 6, 2009
Previous Issues
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We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

The H-1B Book

The partial Table of Contents for The H-1B Book is as follows:

II. INTRODUCTION

  • The Complete H-1B Process: Attorney Flowchart
  • The H-1B Process: Attorney's 10-Step System
  • Overview of H-1B Visas
III. H-1B STEP BY STEP

First Step: 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
Second Step: 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
Third Step: 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
Fourth Step: 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
Fifth Step: 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)
Sixth Step: 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)
Seventh Step: 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
Eighth Step: 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
Ninth Step: 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
Tenth Step: 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
IV. ADVANCED H-1B ISSUES
  • H-1B Degree Equivalency by Mikiel J. Davids
  • Reviewing The Path To Permanent Residency by Courtney Black and Karen Weinstock
  • Traveling On An H-1B Visa While Petition Or Application Is Pending by Ari J. Sauer
  • Dealing With Gaps In Employment by Rajeshri S. Patel and Karen Weinstock
  • Temporary Visa Alternatives To The H-1B by Courtney Black and Karen Weinstock
  • The History And Economic Impact Of The H-1B Visa by Elissa Taub, Melissa Downing and Karen Weinstock
  • When Are H-1B Visas Cap Exempt? by Karen Weinstock
For more information about the book and to order, see here. For the fax form, see here.


Articles

Bloggings on Dysfunctional Government
Angelo A. Paparelli writes "Alas, it's a sad week of waiting as April dawns and shoes are dropped or hurled in the battle for the H-1B."

Immigrants Of The Day: Alberto Gonzales of Cuba, Margaret H. Marshall of South Africa, and Heidi Klum of Germany
Kevin R. Johnson celebrates the achievements of these select immigrants.

Bloggings On The H-1B Visa
Anthony F. Siliato and Scott R. Malyk write "Some reports indicate that EAWA's stimulus-related restrictions will substantially impact the number of H-1B petitions filed under the 2010 quotas for H-1B visas."

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


News

USCIS Reminder On New I9 Form
USCIS issued a reminder that the revised I-9 Form goes into effect April 3, 2009 for all US employers.


Classifieds

Help Wanted: Immigration Professional
New Orleans, LA - Tulane University seeks a dynamic immigration professional for the position of Program Manager in the Office of International Students and Scholars (OISS). The Program Manager: ensures Tulane's compliance with US immigration regulations and procedures with regards to H-1B and TN visas; is principal contact for the hiring of Tulane int'l faculty and staff; ensures intl'l faculty/staff receive proper immigration documentation and understanding of US immigration procedures; assists with F-1 and J-1 visa processing; helps retain int'l students to successfully complete academic course of study through programming. Requirements include: bachelor's degree and 2+ years int'l education experience at college level or equivalent. Salary is $34,080-$43,000/yr, depending on experience. To view full job details (scroll down to Manager, Program) and to apply visit here (refer to job listing #102583).

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://www.eurasia-usa.com/quoteRequestForm.html or fax your document at 818-907-9763.


Headlines

Controversial Arizona Sheriff Snubbed by House Panel on Immigration
Maricopa County Sheriff Joe Arpaio couldn't defend himself because the House didn't invite him.

Obama Sets New Tone, But Immigration Action Far Off
President Barack Obama has begun refocusing some of the more controversial immigration practices of the Bush administration, delaying some worksite raids and shifting the focus of others from workers and onto business owners.

L.A. Detainees Sue Immigration Authorities Over Holding Conditions
The lawsuit claims that their rights are being violated by being held for too long in a short-term facility, denied access to counsel and subjected to 'disgusting' conditions.

Bennet On The Record: Supports DREAM Act For Immigration Reform
Higher education, military service could become reality for undocumented youths in Colorado.


comingsNgoings

Readers can share professional announcements (up to 100-words at no charge), email: editor@ilw.com. To announce your event, see here

New Offices - Houston, TX
James P. McCollom, Jr. Attorney at Law is pleased to announce the opening of his law offices, located at 8433 Katy Freeway, Suite 250 Houston, Texas 77024 (713) 457-0956, Fax: (713) 263-8760, james@mccollomlaw.com.


Letters

Readers can share comments, email: editor@ilw.com (up to 300-words). Past correspondence is available in our archives

Dear Editor:
Regarding Xavier Racine's comment that it was a little hard for him to follow my 03/27/09 ID letter, because I don't share his letter's expertise on the nuances of the relation between cows and bleached blondes. Iíll explain the difference, one gives milk and the other does not. And if anyone canít understand that analogy, reread my letter. And if anyone doubts my knowledge about the Fourteenth Amendment, I urge them to pay their dues through law school and thirty years of law practice and get off your high horses. I have worked both as a prosecutor and a defense lawyer and legal concepts are not beyond my grasp. Racial profiling may be unconstitutional in some circumstances, but whether or not something is racial profiling, or merely intuitive action by law enforcement, is a factual, case-by-case call. The questioning of Hispanics or Arabs cannot be prohibited because it is easy to distinguish them from whites. Although racial profiling merely because of the color of oneís skin, or the look of their race should not occur, when more facts exist to support a theory of guilt, law enforcement officers are allowed to question them. I donít think it is beneficial to the immigration debate to discuss racial profiling, or race at all. I believe what is important is to pass good immigration laws that address the concerns of US citizens and employers, and disallow race, one way or the other, in the drafting of those laws.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
The first article in ID's (04/01/09 ID issue) mentions the census' efforts to count immigrants, and also illegal aliens, in the country. This is an issue with a profound influence on the structure of our Republic. On the one hand, the census needs to count everyone. On the other hand, representation is of citizens, but assigning district boundaries is based simply on population. Further, many aliens become citizens between one census and the next and many will not. Of those two groups, many, probably most, will move from the area where they were first counted, to another. These movements can create what, with some justice, critics call "rotten boroughs". For example, when Robert "B-1 Bob" Dornan represented much of Orange County California in the House of representatives, Democrats complained that he represented very few actual voting citizens as most residents of his district were not citizens. When he was unseated by a Democrat in a hotly contested election with allegations of all sorts of voter fraud, above and beyond the normal component in famously gerrymandered California, Republicans complained. The low numbers of eligible voters in that district magnified the effect of a few questionable votes out of all proportion to what we have seen in similar fights in Minnesota, Florida, King's county Washington and other famous ballot fights that drew national attention. The issue of counting aliens in the census is fraught with real world problems that cut both ways, and that poses very real problems for constitutional precedents purporting to mandate equal representation. Thank you for running an article on the subject of the census. As fights over it inevitably heat up, knowing something about how it actually works will make ID readers better able to grasp the issues involved.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Old Bill Gates prefers foreign workers over Americans because once foreign workers are hired they are basically obligated to stay on the job then work for less money than U.S. ciizens (04/03/09 ID comment). Microsoft crushed Wordperfect, controls the Internet, and now wants to crush the US engineer.

Rogelio Quesada


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. 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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