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Immigration Daily May 22, 2009
Previous Issues
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Comment

Cuban Adjustment Act And HIV

The Southern Voice Online reports "But following a lengthy application and appeal process, Hernandez, 40, who lives in Arlington, Va., was turned down for admission under the Cuban Adjustment Act in 2005 because he's HIV positive." For the full story, see here.

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


Focus

The Consular Posts Book, 2009-2010 Edition Shipping Now

The Table of Contents for "The Consular Posts Book", 2009-2010 Edition, shipping now, is as follows:

PART I. MAJOR CONSULAR POSTS
Chapter 1: Argentina - Buenos Aires, By Christi Hufford
Chapter 2: Armenia - Yerevan, By Alice Yardum-Hunter
Chapter 3: Australia - Sydney, By Noah Klug
Chapter 4: Brazil - Sao Paulo, By Kristina Rost
Chapter 5: Canada -Toronto, By Dharamchand " Randy" Depoo
Chapter 6: China - Beijing, By Frederick W. Hong; Guangzhou, By Jakob Lipman and Adam Lee; Shanghai, By Christy Nguyen
Chapter 7: Colombia - Bogota, By Luis A. Pinilla
Chapter 8: France - Paris, By Curtis Pierce
Chapter 9: Germany - Frankfurt, By Steven A. Culbreath; Munich, By Magdale Labbe Henke
Chapter 10: Haiti - Port au Prince By Jose E. Latour
Chapter 11: India - Chennai, By Vic Goel; Kolkata, By Poorvi Chothani; Mumbai, By Priscilla Jones; New Delhi, By Poorvi Chothani
Chapter 12: Jamaica - Kingston, By Claire D. Nilson
Chapter 13: Nigeria - Lagos, By C. Valerie Ibe
Chapter 14: Philippines - Manila, By Emmanuel S. Tipon
Chapter 15: Taiwan - Taipei, By Lesa M. Lawrence and Jessica L. Rodriguez
Chapter 16: Trinidad and Tobago - Port of Spain, By Claire D. Nilson
Chapter 17: United Kingdom - London, By Edward S. Gudeon
Chapter 18: Vietnam - Ho Chi Minh City, By Marc Ellis

PART II. THEORY AND PRACTICE
Chapter 1: Introduction
Chapter 2: New Attorney Vulnerabilities in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks
Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: The Consular Role in L-1 Blanket Petitions
Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
Chapter 11: State Department Name-Checks and Security Advisory Opinions (SAOs)
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces
Chapter 13: What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions
Chapter 14: A Template for Attorney Risk-Assessment

PART III. THE CONSULAR POSTS RESOURCES ON CD-ROM
Selected excerpts and documents: Statutes, Regulations, Foreign Affairs Manual, Forms, Executive Orders, Department of Commerce, Department of Homeland Security, Department of Justice, Department of Labor, Department of State, Bureau of Labor Statistics, Customs and Border Patrol, Citizenship and Immigration Services, Government Accountability Office, Federal Bureau of Investigations, Immigration and Customs Enforcement, Internal Revenue Service, The White House, ILW.COM, Miscellaneous, Web Links

For contributor bios, more info, and to order, please see: http://www.ilw.com/books/ConsularPosts.shtm . Or for fax, please see: http://www.ilw.com/books/ConsularPosts.pdf


Articles

Chris Musillo on Nurse and Allied Health Immigration
Christopher T. Musillo writes " It also implies that the idea that the H-1B is used to lower wages and replace US workers is wildly overblown."

Bloggings on Updates in Immigration Law
Carl Shusterman writes "However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe."

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


News

CRS On Immigration In 110th Congress
The Congressional Research Service released a report on immigration legislation and related issues in the 110th Congress.


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.

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.

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.


Headlines

Napolitano's Remarks Ignore Evidence About Immigration's Economic Impact
Homeland Security Secretary Janet Napolitano's comments to reporters yesterday that the economic downturn could pose a substantial hurdle to passing immigration reform legislation this year suggests that the Obama administration (and Congress) may be more influenced by politics than economic reality.

Hispanic Voters Say Immigration's No. 1
They have enough problems already, but a poll released Monday is sure to give anti-immigration extremists and Republican leaders plenty more to fret about.

E Pluribus Unum: Not Just A Founding Ideal - A Bridge To The Future
With a new immigration debate brewing and ongoing concerns about both economic recovery and longer-term workforce competitiveness, it is time to dust off this historic ideal and put it to work in solving some of the thorny issues we face.

Cleveland Notes Philly's Immigration Success
The Cleveland Plain Dealer attributes Philadelphia's success in stemming population loss to its pro-immigration policy and recommends that Cleveland do the same.


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 - Arlington, VA
2009 ACIP Annual Symposium: June 15-18, 2009, Arlington, VA - For thirty-five years, the American Council on International Personnel's Symposium has been the most highly respected annual meeting devoted exclusively to employment-based immigration. We bring in-house immigration professionals from universities and research institutions, non-profits, and multinational corporations together with U.S. government representatives and legal experts. This year's Symposium "Changing Times, Changing Strategies" will help you: strategize and network in an uncertain economy, meet new leaders of Federal Agencies & Congress, develop airtight compliance measures, and refine your global mobility management models. http://www.acip.com/symposium. ILW.COM is pleased to be an event media sponsor.


Letters

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

Dear Editor:
As Mr. Mullin's letter stated (05/20/09 ID) "If people are undocumented they are here illegally. It's that simple." And for that reason, it's inaccurate to refer to the person as illegal. It is the action, not the person which grammatically and logically requires the adjective. According to the letter, the letter writer works with people who wait in line for papers before they enter. Is the wait as much as 20 years, which is not uncommon in the case of some applicants? I sincerely doubt that. What makes anyone imagine that someone would leave loved ones, friends, community, culture, all that is familiar and a part of them, to undertake a dangerous crossing by desert or water, unless the need were extreme?

John Sweeney

Dear Editor:
Interesting facts about Apu the "illegal immigrant" character in the Simpsons cartoon series (see 05/19/09 ID comment). Apu was from India, came into US using legal student visa, attended Springfield IT, got PhD then had no avenue to secure his greencard then turned to be "illegal" but he managed to own Kwik E-Mart store. Assuming he doesn't take welfare and he pays taxes and as a business owner who doesn't take any "Americans' job", doesn't it really make sense to deport this guy while many so called native Americans are sucking welfare and too lazy to do something and take personal responsibilities to improve their own situations except blaming illegal immigrants for all their laziness and attitudes? At the other side of story, Abe Simpons (Homer's dad) told them of how easy it was when he and his parents (Homer's grandparents) immigrated to US from Ireland as easy as buying a one way ticket on oceanliner from Hawaii to Mainland US, no visas, no much fuss and welcome to America. Those who brag themselves that their ancestors came in here "legally" actually being ignorant on the facts that there were no restrictionist laws were in place or the laws of the Native People existed both oral or written but the illegal invaders in the past in fact just ignored these laws and even made wars to genocide the Natives of the land and overpowered them. Apu is just an unlucky Indian guy who wish he came to this land much earlier and of Anglo Saxon descent to be quite welcomed here. That's about it.

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. 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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