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Immigration Daily May 12, 2009
Previous Issues
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Comment

Case By Case

The Charleston Gazette reports "Brent Renison of Surviving Spouses Against Deportation said his nonprofit organization is not advocating for the US to grant residency to every widow or widower who continues to seek it after a spouse's death, but that the government should look at the cases more closely." For the full story, see here.

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


Focus

Business Immigration Law

The curriculum for our new 3-part telephone seminar series "Business Immigration Law" is as follows:

FIRST Phone Session on May 14: Solutions for Short-term Needs

  1. Permissible B-1 activities and compensation
  2. B-1 Activities under NAFTA vs. Regular B-1 vs B-1 in Lieu of H-1B
  3. B-1 Extension/Change of Status Issues
  4. When should you use B-1 in lieu of H-3 as opposed to a simple B-1?
  5. B-1 in lieu of H-3 vs. H-3 vs. J-1 intern/trainee: are they interchangeable? Pros & cons of each.
  6. Other J-1 options: research scholar, specialist, short-term scholar.
SECOND Phone Session on June 4: The Intersection of Immigration and Export Control
  1. Deemed Export Elements: Release, Technology, Foreign National, Home Country.
  2. Deemed Export Compliance Programs: What warnings and processes for foreign nationals and managers should companies implement?
  3. Why eliciting export control information from applicants during the pre-hire process is critical.
  4. Pre-hire questions to elicit necessary information for immigration and export control while balancing discrimination concerns.
  5. Visas Mantis and the Technology Alert List and how it can result in lengthy background checks (Security Advisory Opinions) for visa applicants.
    • What triggers an SAO and are there strategies for avoiding them?
    • What are current SAO processing times?
THIRD Phone Session on July 9: Challenging Adjudication Standards for L Intracompany Transfers
  1. Recent restrictive interpretation of L-1B specialized knowledge: strategies for presenting the case
  2. Recent evidentiary standards for L-1A
  3. Subtle differences in adjudication standards for L-1A and EB1 Multinational Managers
  4. Adjudication standards for extensions
  5. Adjudication standards for blanket Ls
  6. Issues arising from corporate reorganizations
Don't wait to register, Wednesday, May 13th is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: http://www.ilw.com/seminars/200912.shtm. Fax form: http://www.ilw.com/seminars/200912.pdf.


Articles

Students And Immigrant Intent
Cyrus D. Mehta writes "Generally, an individual applying for a nonimmigrant visa is presumed to be an intending immigrant under Section 214(b) of the Immigration and Nationality Act unless s/he establishes to the satisfaction of the consular officer that s/he is entitled to the appropriate nonimmigrant status."

The Centrists Against The Ideologues: What Are The Falsehoods That Divide Americans On The Issue Of Comprehensive Immigration Reform?
Robert Gittelson writes "At first glance, many people with moderate interest in the ongoing debate over Comprehensive Immigration Reform (CIR) assume the divisiveness inherent in this issue to be one of right versus left."

Bloggings On PERM Labor Certification
Joel Stewart writes "although the PERM Rule does not permit substitutions of any kind, substitution of employers is sometimes possible at the DHS during the I-140 petition Process, and, of course, under AC-21 during the adjustment of status process." To submit an Article for consideration, write to editor@ilw.com.


News

USCIS Ombudsman Releases "Motions To Reopen: How Are They Working For You?" QAs
The following are questions and corresponding answers discussed during the January 28, 2009 teleconference.

Recent State Bar Of Texas Minutes
These are updated April 24, 2009 meeting notes that have been edited by USCIS and U.S. consular officials in Juarez (courtesy of Paul Parsons, Esq.)

CBP Releases Automatic Revalidation Fact Sheet
USCBP released a fact sheet stating that nationals of Iran, Syria, Sudan and Cuba are not eligible for automatic revalidation of expired visas.


Classifieds

Help Wanted: Immigration Attorney
Atlanta, GA - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Southeast Region. Responsibilities include, but are not limited to, providing legal advice to the Atlanta, GA and other field offices within the District on immigration benefits and related matters including adjudications involving issues of national security. Applicants must possess JD degree, be an active member of the bar and have 1+ years of post JD experience. For more info, key in Job Announcement Number: COU-CIS-2009-0004 at USAJobs.com. Submit cover letter demonstrating specific skills, experience, and interests qualifying candidate for position. Applicant should list references but recommendation letters not necessary. Applicants must also submit a resume + writing sample (max. 10 pps) to: Michael P. Conricode, Regional Counsel, USCIS, Southeast Region: SER-COU@dhs.gov. Must be received by close of business Friday, May 22, 2009. Position is at the GS-13-GS-15 levels. No relocation reimbursement expenses available.

Help Wanted: Immigration Paralegal
Reston, VA - Goel & Anderson, LLC has an immediate opening for an experienced business immigration paralegal. Ideal candidates will have 5+ years experience as an immigration paralegal handling employment-based NIV and IV cases. Prior experience should include demonstrated ability to manage large caseload, while effectively/accurately preparing wide range of employment-based immigrant and nonimmigrant petitions, with strong emphasis on H-1B and L-1B matters. Experience with PERM, I-140, adjustment of status, and complex RFE responses essential. Successful applicants will possess thorough knowledge of immigration law and procedure, excellent writing, communication, organizational, and computer skills, and ability to conduct legal research, analyze issues, and effectively interact with corporate petitioners, beneficiaries, and law firm staff. Five years of prior experience, a four-year college degree, and solid references required. Goel & Anderson is a nationally recognized business immigration firm that offers an outstanding compensation and benefits package. Apply with resume, cover letter, + salary req. to careers@goellaw.com. Principals only. No phone calls.

Expert Witness Services
Muslim World Expert Dr. Shaul M. Gabbay is pleased to offer expert testimony on immigrants from Muslim countries/societies, including the former Soviet Union (USSR). I have testified in 150+ Immigration Court cases nationwide (asylum, cancellation of removal) and to USCIS (asylum interviews, hardship waivers) with very high success rates. For more info, including detailed biography + testimonials from lawyers who have worked with me in the past, see: www.muslimworldexpert.com. Please contact me with any additional questions: Dr. Shaul M. Gabbay, Muslim World Expert, Josef Korbel School of International Studies, University of Denver, Denver, Colorado, sgabbay@du.edu, (303) 871-2560. For countries outside of my expertise, I may be able to recommend an expert in that area.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global Current, a service of AIESEC U.S., a leader in international exchange and professional training for over 50 years. Unlike other visas, the J-1 does not require a lengthy petitioning process, has few restrictions and can be processed at any time of year to facilitate the quick and simple implementation of an Exchange Visitor Program. Global Current has developed a streamlined sponsorship process supported by J-1 experts that allows us to maintain an unrivaled 48 hour turnaround time on complete applications. Global Current provides J-1 Trainee and Intern programs in a variety of occupational categories including law, engineering, finance, architecture, graphic design, marketing and fashion. For more information on eligibility requirements and a complete list of occupational categories, visit www.globalcurrentexchanges.org or email Melany Hamner at melanyh@globalcurrentexchanges.org.


Headlines

Israel Tells Colleagues He’ll Take On Gillibrand
Rep. Steve Israel has told fellow members of New York's congressional delegation that he will challenge Sen. Kirsten Gillibrand in a Democratic primary in 2010, congressional aides said Monday.

The Jilted Latino Voter
Immigration reform activists like to say that Latinos rejected the GOP because of the Republicans' anti-immigrant stance, but the truth is even simpler than that.

Naturalized Citizens Are Poised To Reshape California's Political Landscape
Leading the wave, California's 300,000 new citizens accounted for nearly one-third of the nation's total and represented a near-doubling over 2006, according to a recent report by the U.S. Office of Immigration Statistics.

Immigration Officials May Have Let International Fugitive Into U.S.
An international fugitive may have entered the US last month after promising immigration officials he would show up for a closer screening a few weeks later.


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 - San Diego, CA
Tuesday, May 12, 3:00 p.m. Migrant advocacy and the securitization of migration in Australia, Spain, and the US. Maria Lorena Cook Associate Professor of International and Comparative Labor, Cornell University, mlc13@cornell.edu. All seminars will meet in Conference Room 115 on the first floor of the Eleanor Roosevelt College Provost's Building, UCSD campus. http://www.ccis-ucsd.org/Programs/seminar.htm.


Letters

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

Dear Editor:
Over the past year Robert Yang's letters (05/11/2009 ID) have repeated the theory of "one global world"; a world with open borders, free trade and free movement of people. Unfortunately, that is not the law of most nations. Unless affected by a Treaty, each nation has the soverign right to control its borders, trade and immigration, and to control people within its borders according to its laws. Apparently, Mr. Yang's letter disagrees with this concept and would like the world to change. I doubt the idea of a new world order will come in this century, but who knows. I only know that it is not here now and it will not be here when immigration reform is next proposed in the US legislature. So we just have to work with the system we have and make the best of it, while hoping for future peace and prosperity. In the meantime, there is no "blatant hypocrisy" in a free enterprise world, and it is not "absurd," when countries trade their goods and services on the open market as they now do. One hand washes the other. Absent a Treaty, there is no required quid pro quo where in exchange for one country's fair market goods, another country must provide immigration benefits. What Mr. Yang's letters seem to suggest is that free enterprise means no laws whatsoever. That's anarchy. Racism and apartheid have nothing to do with it. The semantics of "first world" and "third world" are economic terms, not racial terms. Perhaps, if we are to solve the problems at hand, it is time to get off our politically correct high horses and take a ride in the real world of today as it is, rather than indulging in the fantasies of the world as we would like it to be.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Thank you for providing letters to the Editor. The most recent exchange between Messrs. Frecker and Murray is an exercise in what letters to the Editor can be at their best. Despite "losing" the argument, Mr. Murray's response admitting that illegal aliens are indeed criminals is one of the best written, clearest, most informative and downright gentlemanly things I've read all day, and I shuffle papers for much of my living. Immediately following Mr. Murray's letter's admission of and expansion upon the scope of his letter's error, Mr. Yang wrote a letter about the injustice of a world without open borders and open trade. Mr. Yang's letters always have something interesting to say, but his letter is off base in claiming that the terms First World and Third World are somehow racially loaded. The First World was the anti-Communist West during the Cold War. The Second World was the Marxist alternative. The Third World was the part of the world fought over by the first two worlds before during and after de-colonization. The terms are Marxist. They have no racial component, especially as Second World "Red Chinese" and First World Republican Chinese started the post-WII era significantly poorer than sub-Saharan Africans and Finns and Irishmen were technically Third Worlders while racially mixed Anglo-North Americans were First Worlders. While certainly controlling who gets to come and go in one's country based on nationality is discriminatory, in that Americans have more rights than non-Americans in America, neither it nor the division of the world into First, Second and Third is racist.

Honza Prchal, Esq.
Birmingham, AL


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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