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Immigration Daily


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Immigration Daily June 9, 2009
Previous Issues
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EVerify Delay Brings Relief reports "Employers are breathing yet another temporary sign of relief over the controversial E-verify rule, which mandates that federal contractors certify workers' immigration status through a government database." For the full story, see here.

We welcome readers to share their opinion and ideas with us by writing to


The H-1B Book

The pertinent part of the Table of Contents for The H-1B Book is as follows:


  • The Complete H-1B Process: Attorney Flowchart
  • The H-1B Process: Attorney's 10-Step System
  • Overview of H-1B Visas

First Step: Interview The Client

  • Qualifying the Position as a Specialty Occupation
  • Qualifying The Employee
  • Meeting Wage Requirements
  • Lawyer's H-1B Consultation Questionnaire Form
  • Lawyer's H-1B Task Checklist
Second Step: Send The Client Intake Forms And Related Information
  • Intakes Summary
  • H-1B Employer Intake/Questionnaire Form
  • H-1B Worker Intake/Questionnaire Form
  • The Complete H-1B Process: Company Flowchart
  • The H-1B Process: Company's Step-By-Step Explanation
  • Explanation and instructions for spouses and children
Third Step: Credentials: Verify That The Worker Has A US Bachelor's Degree Or Equivalent
  • Credentials Summary
  • If the worker has a U.S. degree - no evaluation is necessary
  • If the worker has a foreign degree - order credentials evaluation
  • If the H-1B petition is based on work experience or combination - order a work experience evaluation
  • List of credentials evaluation firms, web sites and phone numbers
Fourth Step: Determine The Prevailing Wage
  • Understanding the Prevailing Wage
  • Determining the Prevailing Wage
    • O*NET, SOC, Wage Levels, Job Zone and SVP
    • SESA or SWA Wage Determination
    • FLC Data Center Wage Determination
    • Wage Determination Through Other Wage Surveys
  • Practice Examples in Determination of the Prevailing Wage
Fifth Step: Prepare And File The Labor Condition Application (LCA)
  • Introduction to the Labor Condition Application (LCA)
  • Preparing and filing the Labor Condition Application (LCA)
    • Online LCA filing
    • Complete Online LCA and Receive LCA Approval Online
    • Completing the LCA: Step by Step
    • H-1B Dependent Employers Worksheet for the LCA
  • Detailed Description of Form ETA-9035E and its Obligations
  • Sample of completed LCA (form ETA-9035E)
  • Copy of form ETA9035CP (LCA cover pages)
Sixth Step: Prepare The I-129, Related Forms And Petition Letter
  • Form I-129
  • H supplement to Form I-129
  • Form I-129 H-1B Data Collection Supplement
  • Form G-28
  • Form I-907 if premium processing is applicable

  • If the H-1B worker has a spouse and/or children:
  • Form I-539
  • Form I-539 Supplement 1 (if necessary for other family members)
Seventh Step: Send All The Forms And Petition Letter To The Client For Review & Signature
  • Sample letter to client
  • LCA posting notice
  • Sample Letter to Employer Regarding Public Access File
  • Memorandum to employers on Labor Condition Application
  • Public Access File sample
Eighth Step: Assemble The H-1B Petition And Send To The USCIS Service Center
  • General Filing Instructions (including list of service centers and filing addresses)
  • Sample Cover Letter
  • H-1B Petition document checklist
  • Sample list of exhibits
Ninth Step: Troubleshooting
  • Introduction
  • Request for Additional Evidence
  • Dealing with the dreaded request for evidence
    • Sample Response to Request for Additional Evidence
    • Second Example of Response to Request for Additional Evidence
  • I-9 Compliance, Social Security Numbers and Driver's Licenses
  • Changes in H-1B Employment and Amendments
  • How Mergers, Acquisitions and other corporate Transactions Affect the H-1B
Tenth Step: Post-Approval Case Management
  • Summary of Post-Approval Issues
  • Sample H-1B Approval Letter to Employees that are in the U.S.
  • Sample H-1B Approval Letter to Company - Employee(s) Abroad
  • Sample H-1B Approval Letter to Employees Abroad
  • Non- Immigrant Visa Consular Processing Information Sheet
  • H-1B Degree Equivalency by Mikiel J. Davids
  • Reviewing The Path To Permanent Residency by Courtney Black and Karen Weinstock
  • Traveling On An H-1B Visa While Petition Or Application Is Pending by Ari J. Sauer
  • Dealing With Gaps In Employment by Rajeshri S. Patel and Karen Weinstock
  • Temporary Visa Alternatives To The H-1B by Courtney Black and Karen Weinstock
  • The History And Economic Impact Of The H-1B Visa by Elissa Taub, Melissa Downing and Karen Weinstock
  • When Are H-1B Visas Cap Exempt? by Karen Weinstock
For more information about the book and to order, see here. For the fax form, see here.


Immigration Policy And State And Local Law Enforcement
Jessica M. Vaughan for the Center for Immigration Studies shares a PowerPoint presentation on the topic.

Proving Lawful Source Of Funds For The EB-5 Immigrant Visa Program
Cora-Ann V. Pestaina writes "This article will focus on the requirement that often proves to be the most challenging for the investor documenting lawful source of funds."

Bloggings On PERM Labor Certification
Joel Stewart writes "The regulation contains vague references that will need to be more clearly defined, however, for the time being there is only one debarment on the DOL debarment list."

To submit an Article for consideration, write to


CBP Releases ESTA Advisory
CBP issued a release reminding individuals that ESTA is a free, automated system that determines the eligibility of visitors to travel to the U.S. under the Visa Waiver Program.


Help Wanted: Immigration Paralegal
New York, NY - Klasko, Rulon, Stock & Seltzer, LLP, a nationally-known immigration law firm, has an opening for a paralegal with 2-3 years of experience to handle a variety of employment based immigration matters for hospitals and research organizations from its New York City office. You will work with attorneys, have contact with scientists, managers, and other professionals to determine their skills and background, draft documents to establish their eligibility for immigration benefits, and help guide them through the immigration process. If you are interested in international/intercultural issues; are a good writer; are able to understand complicated rules and procedures; and have a Bachelor.s degree with excellent academic credentials along with 2-3 years of immigration experience, please email your resume and a brief writing sample to: Information about the firm can be found at

Help Wanted: Immigration Paralegals
Leading immigration law firm, Foster Quan, LLP, seeks experienced immigration legal assistants for its Houston and Austin, TX offices. Applicants must have two years of employment based immigration experience. A university degree is required, as well as strong writing and communication skills and proficiency with Microsoft Word, Outlook and Excel. Foreign language fluency is preferred. Must be detail oriented, able to multi-task and have strong analytical and organizational skills. Send resume and cover letter via e-mail to, referencing the position title in the subject line.

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: 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, or email:

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

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.


New Reason For Mexican Immigration To U.S.: Drug Violence
Now, however, as violence on the border continues to increase, a new kind of immigrant to the United States is appearing: people seeking asylum to escape the drug-fueled brutality in Mexico.

Illegal Immigration's Fallout: Families Split As Deportations Grow
Leaders of immigrant communities say the recent escalation by federal agencies in deporting illegal immigrants is unraveling the social fabric of these neighborhoods and could start affecting police blotters and government relief rolls in the next decade.

Wanted: A Smarter Immigration Policy
Of all the initiatives undertaken in the name of homeland security after 9/11, the visa screening requirements for foreign scientists and engineers have probably done the most lasting damage to America's economy -- particularly in the cutting-edge technology fields that are vital to our economic leadership and national security.

Facing Reelection Reid Calls For Immigration Reform This Year
These efforts will lead up to a meeting the White House will host on June 17 with lawmakers and activists to discuss immigration reform.


Readers can share professional announcements (up to 100-words at no charge), email: 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. ILW.COM is pleased to be an event media sponsor.


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

Dear Editor:
I enjoy Robert Yang's letters, even though I generally disagree with them, because he says what he means without pulling punches and his heart is in the right place. That said, it is generally considered bad form to lecture Christians and Jews on their own religion. While the forensic device of using one's own attachments against one can be used to good effect and has its place, statements like "true Christian and Jewish should and can never be a xenophobe, because he must understand how the life was living as refugees" are no less offensive than people on the other side of various immigration debates claiming God is on their side. Besides, God told me my immigration ideas are right and that we all need national ID cards printed on our foreheads. Since Thomas Jefferson wrote our living Constitution, we're a secular government and one way to prove it to all those gay-bashing "Christianists" that bother the letter writer so is to brand all upstanding citizens with the mark of the beast ... or was that Moloch? Or was that the mark of Cain?

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Here are a few more thoughts about the urgent need to pass immigration reform this year. It is a mistake to look at immigration as just one issue among many others. Just as civil rights was the great moral issue in America in the 1950's, 1960's and 1970's, immigrant rights is the overriding issue of our time. In that era, the South had its segregated schools, its chain gangs and its lynchings. Now, we have immigrant detention centers where, according to a Washington Post series last year, over sixty inmates have died from deliberate denial of medical attention. We also still have the threat of resuming terrifying mass workplace raids that break up families of thousands of Spanish-speaking American citizens, as well as mass assembly line deportations in which the right to counsel is too often a joke, not to mention heavy handed use of the criminal law against immigrants. Just as African-Americans were an underclass without any rights in the South fifty years ago, and were discriminated against everywhere in America, now we have a mainly Latino underclass of at least 12 million illegal immigrants, as well as millions more waiting endlessly for legal visas and green cards. Fifty years ago, the most despised word in the English language was ''busing", i.e. taking action to desegregate the schools. Now, the most hated word is ''amnesty". Everything that America stands for is at stake in the battle to pass immigration reform.

Roger Algase, Esq.
New York, NY

Dear Editor:
I just wanted to say thank you for putting out this news letter daily. I am not a lawyer, but have an extremely close friend in a very bad immigration situation and read this letter daily to look for possible solutions. FYI My friend has sought legal counsel and was told nothing can be done till something changes.

Jim Gibson

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X

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