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Immigration Daily April 7, 2009
Previous Issues
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Comment

Inventors Hall Of Fame

The Cleveland Plain Dealer reports "When it celebrates the spirit of invention next month, Akron's National Inventors Hall of Fame will quietly acknowledge a little-known facet of American innovation: Seven of the 16 people being honored as great American inventors are immigrants." For the full story, see here.

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


Focus

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: http://www.ilw.com/books/tax.shtm. For info/ordering by fax, please see: http://www.ilw.com/books/tax.pdf.


Articles

Signs Of Change In Immigration Enforcement Policies Emerging From DHS
Muzaffar Chishti and Claire Bergeron for the Migration Policy Institute write "The new guidelines, which will be issued within the next few months, are expected to direct state and local law enforcement agencies participating in the program to primarily target immigrants with criminal convictions rather than ordinary immigration-status violators."

California Supreme Court Unanimously Supports The Broadest View Of State And Local Government Authority To Enforce Immigration Law
Michael Hethmon writes "With almost no notice from the media or immigration bar, the California Supreme Court - the most influential state high court in the nation on immigration law - has issued an opinion that significantly expands the authority of state and local governments to enforce federal immigration law and of state courts to adjudicate violations of such laws."

Bloggings On PERM Labor Certification
Joel Stewart writes "As most jobs exceed the limit of two to four years of preparation time, the application for PERM will result in an audit."

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


News

DOS Cable On Website Changes
The Department of State released an action cable announcing that the Unitedstatesvisas.gov (Destination USA) portal website was decommissioned on March 16, 2009.

DHS Announces Mexican Repatriation Agreement
DHS Secretary Janet Napolitano and Mexican Foreign Secretary Patricia Espinosa announced following their meeting on Friday that Mexico and the US have reached agreement on formalized arrangements for the expedited and humane repatriation of Mexican nationals.

DHS Stops Sending All Asylum Applications To DOS
DHS published notice in the Federal Register, effective April 6, 2009, providing that USCIS will no longer forward all affirmative asylum applications to DOS. Instead, USCIS will send affirmative asylum applications to DOS only when USCIS believes DOS may have country conditions information relevant to the case.


Classifieds

Help Wanted: Immigration Paralegal
NYC - Established boutique law firm seeks experienced paralegal who desires to work from home, part-time. We specialize in O-1 and EB-1A in the arts and entertainment, with a selection of H-1, L-1 and family cases. The ideal candidate will: 1) have experience in our practice area, 2) have an interest and talent for organizing, excerpting and summarizing evidence in a lengthy submission letter (for O-1 and EB-1 cases), 3) be self-motivating, and will 4) work efficiently, timely and in an organized fashion. We communicate via emails and couriers. The candidate will augment our current team of telecommuting paralegals. We project 5-15 cases per month. The candidate must have necessary computer equipment, software and skills for this position. We pay by the hour or per case. Please forward detailed resume, writing sample for EB-1A case, and two references to: 777lawyernyc@Gmail.com.

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).

Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at www.inszoom.com/websites or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.


Headlines

Catholic Church Encourages Illegal Immigration After Losses From Molestation Scandal
The coffers of U.S. Catholic churches have been running on empty and the church sees the pocketbooks of illegal immigrants as its only hope.

State Officials Looking At Effects Of New Immigration Statutes
Preparations are moving forward on upcoming implementation of new Utah immigration statutes as state officials wait to see how pending federal policy changes could affect enforcement efforts.

National Journal Reported That Mccain "Buck[Ed] His Party On Immigration," But Ignored His Reversal
As Media Matters for America has noted, during the campaign, news outlets repeatedly touted McCain as a leader on immigration reform without noting his reversal.

Aunt's Case Indicative Of Immigration Non-Enforcement
An immigration reform activist says the recent decision by an immigration judge to allow President Obama's aunt, who is in the country illegally, to extend her stay in the U.S. is symptomatic of the problem with immigration enforcement in America.


comingsNgoings

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

Immigration Event
April 28, 2009, 2:00pm ET - ILW.COM is pleased to invite you to attend a 30 minute Webinar presentation entitled "How To Survive The Immigration Law Downturn" at no charge. Speakers include Greg Siskind, Boris Palanov, and Sam Udani. Discussion topics include how immigration law firms can effectively use technology to increase efficiency, a detailed analysis of the state of the immigration law field (by practice area and region), how web conferencing can save you money, including a feature web conferencing demo. The call will consist of 20 minutes of presentation, followed by a Q&A. Immigration attorneys are invited to register. Participation is limited and is first come, first served. To register, see here. This event is sponsored by Intercall, the world's largest audio, web and video conferencing provider.


Letters

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

Dear Editor:
I see much potential for those old-fashioned stories of government dysfunction to ratchet on up in the coming months (04/02/09 ID). (1) knowledgeable people complain that employees are still getting raided in violation of a speech by Janet Napolitano. Greg Siskind writes "Now it appears that some at ICE are reveling in taking on the boss of the agency and, by extension, the new President. (see 04/02/09 ID) (2) However, there appears to be a solution for the plight of illegals rounded up in said raids, see ICE Releases Workers Arrested In Washington Raid (see 04/02/09 ID). Then there is a reminder of stepped up employer enforcement coming. Kafka-land, here we come. Can an employer hire these people if illegal aliens are allowed to work after detention without civil liability? Can I bring a suit from legally present job applicants who had been rejected?

Honza Prchal, Esq.

Dear Editor:
I'm weary of the of hearing the same old tired tune sung by Rogelio Quesada's letter (04-06/09 ID), the lyrics proclaiming that H-1B's " ... are basically obligated to stay on the job then work for less money than U.S. citizens." That is simply not true for the most part. Of course there are always a few scofflaws who feel no qualms about cheating, lying on applications, and some even hiring illegal aliens they know or should know to be illegal. The H-1B regulations require an employer to pay the prevailing wage, as determined by the US Department of Labor, for the H-1B job in the geographical area where it is to be performed. The government has audit powers and both the State Department and USCIS insure the regulations are followed. If an H-1B changes status in the US and then, say a year or so later, goes home to India to visit parents, he must apply for an H-1B visa stamp, where the Visa Officer asks for payroll records and tax returns. If the H-1B does not leave after COS, or does initial consular processing for the H-1B, at time of the extension of the H-1B petition, USCIS will ask for payroll records and tax returns. It is sad that those with little knowledge about the immigration system feel no shame in parroting that which they have heard from anti-immigrationists. As to Mr. Quesada's letter's reference to "Old Bill Gates" - "Old Bill" did not become a billionaire by being stupid. I will venture to guess Microsoft pays prevailing wage and has their I-9's in order they can't afford not to - lest they end up like Wal-Mart, with a consent decree against them and little hoops they will need to jump through for years to come.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
An April 6 letter repeated the anti-H-1B visa myth that "once foreign workers are hired they are basically obligated to stay on the job then work for less money than U.S. citizens." Wrong. Getting a new visa for an H-1B employee who wants to change jobs is usually just a formality, and an H-1B employee cannot legally be paid less than the prevailing wage for his or her type of job in his or her geographic area. In fact, my experience in more than twenty-five years of H-1B work is that H-1B employees are typically paid much more than the prevailing wage. Of course, H-1B opponents will not let reality interfere with what they want to believe.

Sid Lachter, Esq.

Dear Editor:
Hurray to David D. Murray, Esq.'s letters. His letters provide a sane voice in the sea of blabbering fools when it comes to the issue of "racial profiling". At last some legal type to mention that the concept of "probable cause" frequently begins with the smallest observation followed by several or many more until answering the question: "Is this person doing what a normal law abiding individual would be doing in this location at this time of day/night?" A seasoned law enforcement officer can and does observe, access, and sort out the wheat from the chafe. She/ He does this rapidly and without need of some written record depending on if the person observed is up to no good or not. What is profiled is the look and actions of individuals afraid of authority because they are doing wrong. It is all part of a big puzzle that cannot be observed until the last piece is in place. That's called police work. I vividly recall years ago when a black New Orleans Officer observed what appeared to be a white male in a black neighborhood late at night. It was good police work to ask the question "Is there something amiss here?". That light skinned african american had just killed a Detroit police officer in a huge shootout. Thanks to the good police work of that inquisitive officer the lives of others were spared. Racial profiling? No, simply good police work. Accept the fact there is a difference. Fools at their own jeopardy seek to hamstring good police work. Some dark night they may need help from an officer all to victimized by onslaught of criticism to promptly provide that life saving effort.

Tim Houghtaling

Dear Editor:
I read Ms. Swanson's letter (04/06/09 ID), and it made me feel good that there is someone out there who can stand up to these low self esteemed men who abuse women. Thanks to Ms. Swanson's letter for responding to Jtanyu's letter (03/30/09 ID). Someone needs to remind people that before any arrest is made there has to be investigation and if there is physical evidence thats it.

Anita Atieno


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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