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Immigration Daily May 13, 2009
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We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Today Is The Deadline For Nurses

Today is the deadline for the Wednesday, May 13th phone session of our 3-part telephone seminar series "Health Care Visas For Beginners", the curriculum is as follows:

  • 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?
Don't wait to register, Tuesday, May 12th 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

Striking The Perfect Balance: How Outsourcing Benefits Immigration Solos And Small Firms
Jan Krasny writes "Legal process outsourcing is a service that enables immigration lawyers and law firms to remain nimble and better control overhead expenses."

Push For Comprehensive Immigration Reform Grows, But Several Obstacles Remain
Muzaffar Chishti and Claire Bergeron for the Migration Information Source write "The Obama administration plans to address the nation's immigration policy in the coming months and may begin discussions for legislation to reform the US immigration system, according to a top aide to the president."

Immigrants Of The Week: The Kleiza Family, and Renu Khator
Greg Siskind writes "I can't say I remember a family that has had members who have achieved as much as the Kleiza family, originally from Lithuania."

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


News

USCIS Announces Extension of the J-1 Entry Date for International Medical Graduates to Qualify for Conrad 30 Waiver
USCIS reminds customers that the date by which international medical graduates have to have been granted J-1 nonimmigrant status in order to later qualify for the "Conrad 30" program has been extended to Sept. 30, 2009.


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.

Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160. The Forensic Psychology Group provides nationwide expert witness services in all areas of immigration law. It is led by Stephen Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical psychologists and attorneys, and also AILA members. The Group's experts - all licensed psychologists or psychiatrists - have extensive experience in working collaboratively with immigration lawyers on a wide range of forensic psychological issues. We offer nationwide service in the following areas: psychological consultation, psychodiagnostic evaluation, psychological reports, expert witness services, courtroom testimony, political asylum evaluation, extreme and exceptional hardship evaluations, spousal abuse, citizenship waivers. Dr. Stephen Reich, the Group's founder and director, is a nationally known forensic psychologist who holds a BA, JD, and MBA from Columbia University, and an MA and PhD in Clinical Psychology from Fordham University. He has been on the faculty of Weill Cornell Medical College and on the Attending Staff of New York Presbyterian Hospital for 30+ years. Visit The Forensic Psychology Group. The right experts make a real difference.

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.

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

Congratulations, Graduate. Now Leave The USA
No, the government tells thousands of them to hit the road and take their sought-after skills and brainpower to countries and companies that compete with the USA.

Stalled On Immigration
Democrats are in a tough spot on immigration reform.

Justice Napolitano?
One reason Obama may be considering Napolitano is that he knows and is comfortable with how she thinks about homeland and other national security issues.

Immigrants Urged Not To Participate In Census
Rivera hopes a boycott will pressure lawmakers to pass comprehensive immigration reform. But not everyone agrees.


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 - Garden City, NY
Thursday, May 14th, 8:30 am-12:30 p.m., The Adelphi University Center for Social Innovation hosts "Immigration on Long Island: New Directions and Opportunities for Civic Engagement" at the University Center on the Adelphi University Garden City campus. http://events.adelphi.edu/news/2009/20090408.php.


Letters

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

Dear Editor:
I entirely agree with David D. Murray's letters to the effect that instead of debating the grand scheme of immigration, it would be better to get down to the nuts and bolts of immigration reform. This includes not only Congressional action, but reversing many "under the radar" Bush administration anti-immigrant policies that can be done by regulation or administrative ruling. Here are a few suggestions: 1) Rein in the out-of-control CSC, which, apparently, has never seen a RFE or denial notice that it didn't like, no matter how meritorious the case, 2) Reverse former Attorney General Mukasey's politically motivated ruling that respondents in deportation proceedings have no right to counsel, one that strikes at the heart of the spirit, if not the letter, of the American justice system. (I know that deportation proceedings are "administrative", not "criminal" - but what kind of an excuse is that for denying basic rights?) 3) Eliminate the unfair and absurd US DOL rule requiring employers to pay all costs of labor certification applications, including attorneys fees, something that discourages countless employers from sponsoring their employees for green cards, as it was meant to do, 4) Eliminate the State Department rule limiting J-1 trainee/internship eligibility to applicants with overseas degrees/work experience. None of these policies was intended to make the immigration system fairer or more efficient. The only purpose was to reduce immigration, an issue which should be left to Congress. With regard to the debate over whether it is a crime to be an "'illegal immigrant"', the letters I have seen so far appear to be half right. It is a crime to enter the US illegally, but not, so far as I am aware, to overstay a visa. If I am mistaken about this, I would welcome referral to the appropriate citation.

Roger Algase, Esq.
New York, NY

Dear Editor:
Roger Algase's letter (05/13/09 ID) concludes that while it is a crime for an "illegal immigrant" to enter the US illegally, it is not a crime to overstay a visa. Mr. Algase's letter is correct on the law, but is semantically incorrect in his letter's use of the term "illegal immigrant". Legitimizing the term, the INA frequently uses the word "alien". People who enter uninspected enter illegally and are not "illegal immigrants," they are "illegal aliens" - if they were "immigrants," they would not be illegal. People who enter the US inspected, and then overstay lawful admission, are "overstays." There are important distinctions between these two terms. Although both categories are subject to removal under INA Sec. 237 [8 U.S.C. 1227] (an administrative, not a criminal proceeding, as Mr. Algase's letter points out), "Illegal aliens" have committed a crime, and in addition to administrative penalties, are subject to criminal prosecution under INA Sec. 275 [8 USC 1325]. Overstays are not. Also, "Illegal aliens" cannot, under any circumstances, including marriage to a US citizen, adjust status in the US, and are subject to the bars to admissibility. "Overstays" can, and are not if they marry a US citizen. INA Sec. 237 [8 U.S.C. 1227] provides that aliens who are inadmissible at time of entry or adjustment, or who violate status, are deportable. It also provides that any alien present in the US in violation of the INA is deportable, making both "illegals" and "overstays" subject to removal. I agree with Mr. Algase's letter that former AG Mukasey's ruling on the right to counsel is against the spirit of the law, and downright Un-American, and, except for semantics, violates INA Sec. 292 [8 U.S.C. 1362], which clearly grants a "privilege" (but not a "right") of representation in removal proceedings. Once again, semantics rears its ugly head.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Nations have laws, regions and communities may have their own local laws. Yes, I have no power to affect and fix those laws. Laws can be made, amended or annulled. Laws can serve for purpose of common good, sense, justice or evil, selfish interest, lack of common sense or injustice. In case of European Union, laws that barred poorer member nations citizens to immigrate to the wealthier ones have been amended, freedom of movement and to take up residency and employment is guaranteed inside the Union, just like here in the US between States. Yes, there are some whiners who complain loudly about more competition from "new immigrants". Britons complain about cheap Polish, Romanian, Latvian workers, so do the French and Germans etc. Taiwan is currently opening its border to wealthy Mainland Chinese visitors and even investors to boost its sluggish economy, and I strongly believe that when the Mainland economy and prosperity has reached at the par level with Taiwan, Hong Kong, and Macau SAR, the current immigration restriction among Chinese regions will be abolished for good. Regarding trade and immigration policies, yes hypocrisy exists and I call it as what it is. Every nations on this planet want unrestricted access to foreign markets for their export of products, services and even their immigrant workers but at the other way around trying to restrict foreigners to have the equal access on theirs. Mexico is a fine example of how they want us to open the border for their citizens and yet their own immigration laws are one of the most restricted and xenophobic on this planet.

Robert Yang


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 1995-2009 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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