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Immigration Daily April 8, 2009
Previous Issues
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Comment

CIR In 2009

There are surprising (and positive) developments to report on CIR. The House appears to be getting its act together on immigration, Immigration Daily has learnt that Rep. Conyers and Rep. Lofgren have made significant progress in writing a massive CIR bill. Furthermore, The Hill reports that "House Speaker Nancy Pelosi, who did not bring the issue up last Congress, appears to be throwing more support behind the initiative this time." A major immigration bill, backed by the full Democratic leadership of the House is likely to be ready for hearings and markup in a couple of months. This development is particularly heartening in that positive signs from the House were not visible earlier this year. However, on the flip side, despite repeated pro-immigration rhetoric from Sen. Reid, Majority Leader of the Senate, Immigration Daily has learnt that there are no plans this Spring for any major bill, hearings or markups in the Senate Judiciary Committee or the Senate Immigration Subcommittee. Thus the order of events on CIR (the economy permitting, of course) appears to be first the House, then the Senate, with the final vote likely to be in the Fall. As to the content of the bill, as we have reported before, the bill will likely have two legs - benefits (legalization and increased permanent quotas) and enforcement (mandatory employment verification and border enhancements). Missing is the "third leg" of McCain-Kennedy - guest workers will likely be postponed to a future Congress to handle. As the Los Angeles Times reports "The new proposal, as laid out by several participants in the behind-the-scenes negotiations, would also create an independent commission that would assess labor and industry data to decide how many foreign workers should be allowed into the country. The system, designed by Ray Marshall, a Labor secretary under President Carter, would replace a maze of special temporary worker visas that are granted each year to high-tech specialists, agriculture workers and other foreigners brought into the U.S. by foreign and domestic firms."

The key issue in obtaining benefits in the 111th Congress will likely be the Senate cloture vote. Getting to 60 votes will likely need as many as 10 Republican votes. The National Journal reports that Sen. McCain, the erstwhile Republican leader on immigration matters, is "angry and frustrated" by the 2-to-1 support of Obama by Hispanics. Mr. McCain's misgivings are emblematic of wider problems connected to immigration afflicting the Republican Party as seen in this report in the Washington Times: which read "The mood was distinctly downbeat at times at a recent Capitol Hill gathering sponsored by the Republican National Hispanic Assembly (RHNA) on the "Future of Hispanics in the GOP." For some, the basic question was whether there was any future to discuss."

Given that Republican Senate support for CIR will be absolutely pivotal to passage (since several Democratic Senators can reliably be expected to defect), Congressional passage of CIR is anything but certain. However, lesser immigration compromises in Congress are possible such as permanent E-Verify extension in exchange for DREAM and/or AgJOBS and/or 245i. Still another possibility, in the event that the deep recession makes Congressional action difficult, is that the Executive Branch will take some muscular steps to bring major benefits relief. Some of it could be along the lines suggested by Gary Endelman and Cyrus Mehta who showed that there is ample room in the INA, for the Executive Branch, acting alone and without Congress, to take decisive curative action (the key being to separate permanent residency from the two critical benefits that flow therefrom - legal work authorization and ability to travel; both of these benefits can be made available, by Executive fiat within the current statutory framework, to millions of immigrants - both present and future, immediately, without any act of Congress).

Regardless of the specific path taken, there appears to be reason to believe that 2009 is likely to have some good news for those long awaiting action on immigration benefits. This is more than wishful thinking on our part. As noted political analyst Jay Cost observes "President Obama has a unique opportunity. He cannot presume that it will last long, that it will assuredly yield significant changes in policy, or that he'll have another chance." Of particular interest is the graphic showing "Ideological Scores of Congress" in Jay Cost's article, showing how far and fast to the left Congress moved in 2006 (continuing in 2008). Such drastic political changes occur but seldom in American history, and most immigration advocates have not yet fully taken on board the opportunities inherent in the new political landscape (we hasten to add that the with the string of defeats suffered by immigration benefits since 9/11, this is understandable, but it is no longer in sync with political reality on the ground). Based on the huge swing shown on the graph, it's close to a sure bet that laws enshrining the liberal vision are much more than a possibility. It is not an accident that immigration has made it to the top half dozen issues in the news for this Congress and this administration (with EFCA, climate change, universal health care, investments in education, and reordering budget priorities). As spring buds blossom across America, immigration's moment in the sun will likely come before the first leaves fall. Stay tuned.

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


Focus

Today Is The Deadline For Health Care Visas For Beginners

Today is the deadline for the 3-part telephone seminar series “Health Care Visas For Beginners”, the curriculum is as follows:

FIRST Phone Session on April 8: Allied Healthcare Workers

  • Immigration Options:
    • What temporary visa options are available?
    • Which occupations qualify for EB-2 immigrant processing?
    • Is a PERM application required?
  • Healthcare Certificate:
    • Which occupations require a healthcare certificate?
    • Do the credentialing organizations differ in their standards for issuing healthcare certificates?
    • How does the healthcare certificate coincide with state licensing?
  • Cap Exempt:
    • What if you missed the H-1b cap?
    • Which employers are exempt from the H-1b cap?
    • What's the latest on USCIS interpretation of "affiliation agreements"?
  • License and Education Requirements:
    • Which occupations require a license?
    • What are the education requirements?
    • What's the latest USCIS interpretation of Master's degree requirement for O.T.'s and P.T.'s?
SECOND Phone Session on May 13: Nurses
  • Temporary Visas:
    • Is H-1b an option for nurses?
    • How does the H-1C visa work?
    • What licensing and credentialing requirements apply?
  • Immigrant Visas:
    • What's the criteria for Schedule A?
    • What proof must be submitted to USCIS?
    • How to handle split processing for family members abroad?
    • What's the latest on legislative relief for Schedule A occupations?
  • Potential Pitfalls:
    • What's the in-house media and union posting requirement?
    • How to show ability to pay for multiple applications?
    • What's the latest on "permanent" nature of the job?
    • Can the employee pay for some of the costs?
    • What problems arise due to retrogression?
THIRD Phone Session on June 3: Physicians
  • Temporary Visas:
    • What visa options are available?
    • Are there prevailing wage issues?
    • What licensing and credentialing requirements apply?
    • What's the latest on H-1b cap exemption for physicians?
  • Immigrant Visas:
    • When to use EB-1, PERM or NIW?
    • How to time a 212(e) waiver with immigrant processing?
    • What's the latest on MBBS/MD equivalency?
  • Waivers:
    • When does the foreign residence requirement apply?
    • What waivers are available for physicians?
    • What's the latest on the Conrad 30 program?
Don't wait to register, Tuesday, April 7th is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: http://www.ilw.com/seminars/200909.shtm. Fax form: http://www.ilw.com/seminars/200909.pdf.


Articles

The Sincerest Form Of Flattery - Highly-Skilled Workers At Our Nations Shores: A Comparison Of America's H-1B And Israel's B-1 Expert Work Visas
Amit Acco and Shannon Rosenstein write "Like America, Israel is a country of immigrants. Israelis originate from every corner of the globe - Africa, Asia, Europe, Australia, and North & South America."

A Plan To Influence And Convince: Strategic Advice For The Legislative Passage Of CIR In 2009
Robert Gittelson writes "[President Obama] has asked for advice, and I have advice, so here it goes."

Immigrants Of The Week: Miguel Blas-Matus, Chien-Ming Wang, and Martin "John" Atalla
Greg Siskind celebrates the achievements of these select immigrants.

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


News

EOIR Issues Latest Disciplinary Actions
The Executive Office for Immigration Review released its latest disciplinary actions: seven attorneys were immediately suspended; seven received final orders; one was reinstated.


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).

I9 Audit Services
Do your clients need substantive due diligence for the employment provisions of the INA? Omega Secure Solutions (OSS), Inc. offers a cost effective option to review your client's I9s which can help your law firm gain competitive advantage. OSS has a national workforce of retired immigration investigators. All our Associates have a minimum 25+ years as distinguished INS / ICE senior special agents. OSS provides a comprehensive plan to demonstrate to the satisfaction of ICE that your business clients are serious about complying with the INA so that devastating adversarial action does not become a reality. We understand the law and the bureaucracy that administers that law. Omega ... the last word in Homeland Security support. To learn more about our services including HR training, employer-worksite compliance programs, I-9 audits, all at competitive rates, contact Bob McGraw, President, Omega Secure Solutions at rmcgraw@omegasecuresolutions.com or 410-263-9500.

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: http://aetsinternational.com/applicationforevaluationservices.pdf. 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 http://www.aetsinternational.com, or email: info@aetsinternational.com.

Case Management Technology
Offering enterprise-level software and unparalleled US-based support, ImmigrationTracker is the most flexible and dependable immigration management solution on the market today. Designed by immigration attorneys and paralegals, ImmigrationTracker is often praised for its ease of use, intuitive features, and built-in immigration knowledge. As one of our customers noted, "If we had two years and unlimited funds to design our ideal immigration management system, Tracker would be it." Phil Curtis, Chin & Curtis. Find out for yourself why Tracker is the choice of: 83% of practicing Past Presidents of the AILA (American Immigration Lawyers Association, through June 2007); 86% of the 25 largest immigration law firms (IndUS Business Journal 2006); 75% of the AmLaw 200 (largest US law firms, American Lawyer Media, 2006); 3x as many globally ranked immigration attorneys as compared with other software vendors (Chambers Global and the International Who's Who of Business Immigration Lawyers, 2007). Schedule your private demo: Call 1-888-466-8757 ext. 278 or email sales@immigrationtracker.com.


Headlines

Immigration Appeals Court To Decide Within Days On John Demjanjuk's Deportation
If the appellate court rules against Demjanjuk, the 89-year-old could be deported as early as Wednesday to stand trial as an accessory to the deaths of 29,000 Jews at a Nazi death camp in 1943.

Advocates Want Halt on Immigration Raids to Ensure Accurate Census
U.S. Rep. William Clay says he'll ask the Obama administration to suspend immigration raids over the next year, so illegal immigrants don't worry that sharing accurate information with Census workers could somehow expose them to punishment.

U.S. Offers Refuge to Cubans, Even if They're Not From Cuba
Thanks to a recent twist on a relic of the Cold War, however, there is a welcome mat out for an expanding number of U.S.-bound migrants - so long as they can establish that they are citizens of Cuba, even if they have never set foot on the island.

Moments When You're Glad McCain Didn't Win
Immigration reform shouldn't be a "favor" to Hispanics - it should be good policy.


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 - New York, NY
Lightman Law Firm LLC is pleased to announce the location of its new offices: 345 Seventh Avenue, 21st FL, New York, NY 10001. Tel: (646) 833-1644, Fax: (646) 833-1674, Toll Free: (800) 673-1120, effective March 18, 2009. http://www.lightmanlawfirm.com.


Letters

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

Dear Editor:
ID already publishes an incredible number of foam-at-the-mouth nativists in your letters column, but the 4/5/09 ID hits a new low by liking to an article entitled "Catholic Church Encourages Illegal Immigration After Losses From Molestation Scandal," with this blurb apparently added by ID: "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." That's not a news article. It's a blog posting by some wingnut in Virginia, whose bio only says that he's employed "in the security industry." The post, of course, has no evidence at all, just a spew of anti-foreigner, anti-Hispanic, and anti-Catholic hate speech. There are hundreds of real articles and thoughtful blog postings on immigration published every day. ID should never publish rank garbage like that.

Bruce A. Hake, Esq.

Dear Editor:
Mr. Houghtaling's letter (04/07/09 ID) described what it called good police work ... let us not think all police are capable of doing it. Cheers for those who can and do.

Dave Anderson

Dear Editor:
The Catholic Church is made up of human beings who err and sin, but has always followed Jesus Christ's example for over 2000 years in assisting "the underdog" the poor and vulnerable in all countries of the world, regardless of religious beliefs. Mr. Gibson's letter and other letters show their ignorance and bigotry when they continue to bash both the Church and vulnerable people struggling to survive in a strange land. As Catholics we and our leaders believe that nations have a right to sovereignty, but not to maintain and defend unjust laws. This nation has way too many of those. If you are so patriotic (maybe Christian), why don’t you all work for our true American ideals?

Carrie Flores

Dear Editor:
Tim Houghtaling's letter (04/07/09 ID) tries to convince us that being a police state, is the same as "good police work". His letter refers to David Murray's letter on racial profiling (04/06/09 ID) talking about the increasingly prevalent rousting of anyone who is brown on Amtrak or Greyhound. Everyone on the bus is doing the same thing, traveling to another destination. There is no "good police work" involved in demanding paperwork from only those passengers who don't pass the WASP test. This is racial profiling and singling people out because they are not white is wrong. Many people who are not white and not criminals are riding on buses and trains. They should not be singled out because they are a different race. If you watch the news its become a new revenue source for small towns in hard times to pull over black families driving through Tehana TX, and threaten to incarcerate them in the middle of no-where unless they sign over cash and waive rights to due process. Hmmm, good police work? Or what about the professional ball player last week who was harrassed at the entrance to the hospital because he rolled through a red light? Good police work, or cowboy nonsense because the man was black the cop believed he had to be a bad guy. Police need to focus on what they are good at, detering street crime. Immigration law is way beyond the understanding of the average beat cop.

Sergi Sheplov


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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