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Immigration Daily


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Immigration Daily July 7, 2009
Previous Issues
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Top Links June 2009

We feature the most accessed links by our readers in June 2009 below:

Top five June Immigration Daily Articles

Top five June Immigration Daily Items

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.


CBP Open Forum: AILA Annual Conference 2009
Sheela Murthy et al., attorneys from the Murthy Law Firm write "Questions were asked regarding situations in which the CBP database has errors, resulting in delays in processing at the Ports of Entry (POE)."

Current Migration Trends from Mexico: What Are the Impacts of the Economic Crisis and U.S. Enforcement Strategy?
Wayne Cornelius et. al of the Mexican Migration Field Research and Training Program Center for Comparative Immigration Studies, UCSD write "Widespread media reports of return migration. But is this really happening? People are aware that the situation in Mexico is no better."

Bloggings On PERM Labor Certification
Joel Stewart writes "In other words, not only does the DOL audit Employers and their PERM applications as part of the PERM rule, but it also audits itself, i.e., its efficiency and honesty in giving services to the public."

To submit an Article for consideration, write to


USCIS Releases Immigration FAQs For Members Of Military
USCIS released immigration information for members of the US armed forces and their families.


Help Wanted: Immigration Paralegal
Las Vegas, NV - The Law Offices of Garcia-Mendoza & Snavely seeks an experienced paralegal to perform all types of business and family visa packages under supervision of attorney. Minimum 3-5 years experience required. Salary to be negotiated. Firm provides benefits including paid vacation and sick leave plus profit sharing plan. Located in a free standing building on ground level in downtown. Parking is free. Submit resume + cover letter to All replies remain in confidence.

Help Wanted: Immigration Attorneys
The Murthy Law Firm is seeking immigration attorneys with at least three years of experience in business immigration law, with or without litigation experience. Our practice is dynamic and fast-paced. We have high standards with regard to integrity, work ethic, and quality. Successful candidates will have the ability to work both as members of a team and as team leaders. They will join over a dozen high-caliber colleagues and have quality support in the way of legal and administrative staff, as well as technology. They will bring in-depth understanding and knowledge of the breadth of immigration procedures, and are expected to supervise paralegals and support staff. Good writing and analytical skills are required, as well as experience dealing with complex immigration law cases. Litigation experience a plus. Interested candidates may visit for details regarding the unique benefits of working at the Murthy Law Firm. Resume + cover letter should be forwarded to All communication will be treated in confidence. Salary and benefits are commensurate with experience and abilities. We are an equal opportunity employer. Final interviews of candidates are at our office in Owings Mills, MD, a few minutes from downtown Baltimore, Maryland.

Help Wanted: Immigration Attorney
Small immigration law firm in Northern Virginia seeks associate with 2+ years of experience in litigation before administrative tribunals. Good writing skills. Send resume to Must be fluent in Korean. Salary commensurate to experience. Good benefits.

Help Wanted: Immigration Paralegal
Small immigration law firm in Northern Virginia seeks immigration legal assistant with 2+ years of experience in business immigration law. Send resume to Must be fluent in Korean. Salary commensurate to experience. Good benefits.

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.

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:


Illegal Immigrants Pin Hopes On Reforms
Both feel an allegiance to this country and want to gain legal status, but are unable to do so because of an immigration bureaucracy that many, including the Obama administration in Washington, believe is dysfunctional and overwhelmed.

Piecing Together An Immigrant's Life The U.S. Refused To See
In March, more than three years after the death, federal immigration authorities acknowledged that they had overlooked it, and added a name, “Ahmad, Tanveer,” to their list of fatalities in custody.

Immigrant's American Dream Within Reach
After 12 years in this country, I recently filled out the Application for Naturalization N-400 Form for U.S. citizenship. I shall be the first one in my family.

President Obama Makes Serious Commitment To Immigration Reform
If there were any doubts about his commitment to immigration reform, President Obama dispelled them at a bipartisan White House meeting with members of Congress on June 25.


Readers can share professional announcements (up to 100-words at no charge), email: To announce your event, see here

Immigration Event - Washington DC
The Institute for the Study of International Migration invites you to attend 'The Challenge of Circular Migration: A Triple Win Solution?', 8:30-10:00 a.m., Friday, July 17, 2009, Georgetown University Law Center, McDonough Hall, Room 200. RSVP: For questions, please contact Alexander R Gee,


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

Dear Editor:
Can't we, as immigration attorneys, take a more proactive approach to ending the unnecessary - perhaps unlawful - detention of immigrants (see 07/06/09 ID comment)? Could we make public lists of detainees, so alerts and relatives could contact them? Could we not visit deletion centers and gather information?

Tom Harmon, Esq.
Minneapolis, MN

Dear Editor:
I believe anyone following my ID Letters to the Editor for the past five years or so understands that I am pro-immigration and pro-rule-of-law. I believe the present laws are inadequate and fail to address 21st century realities. They should be changed, before and separate and apart from the issue of CIR (buzzword for Amnesty). After legal immigration laws are redrafted, and adequate enforcement safeguards are installed, it will be time to consider some form of CIR, but combining the two is disaster, as evidenced by the last two failures during the Bush administration. I believe such concepts as "dual intent" and "advance parole" should be abolished. Spouses of both US Citizens and Permanent Residents should be able to obtain visas to come to the US to join their loved one on a walk-in basis, rather for languishing for a year, or awaiting a nonsensical quota. The Quota System for employment based immigration should be revised so as to realistically meet the needs of US employers, rather than continuing to be based on an archaic formula that has no basis in reality and serves nobody good. But being a rule-of-law guy, I am anti-illegal and anti-overstay and do not understand why illegals and overstays believe they have some sort of God given right to US permanent residence. I wonder, just what part of "you can’t do that" do they not understand? I agree with the ID Editorial "Detention is Un-American" (07/03/09 ID) and believe that the detention injustices could be remedied through good stand-alone legislation, if the politicians wanted to address the issue without politicizing it. While I may not believe illegals and overstays have the right to permanent residence, I do believe they have the right to swift justice, even if it results in their deportation under the law.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Responding to ID's 07/06/09 coment, of course this vestige of the Bush Administration is both Fascist and Un-American. I am disheartened that the Obama Administration has not gotten rid of it.

Phil Slaton
Poulsbo, WA

Dear Editor:
Responding to ID's 07/06/09 coment, what the comment fails to mention is, the people who died in detention, died as a result of pre-existing, untreatable, medical conditions and not the result of "inadequate medical care" or "deplorable conditions." It is a fact, that U.S. Government is bound by law to medically screen and medically treat everyone who enters a detention facility, at no cost to the detainee. In fact, the care and treatment is first class, extensive and unavailable to American citizens, yet we pay for it. In an interview by James Pinkerton of the Houston Chronicle dated July 6, 2008; Cmdr. John Gary of the U.S. Public Health Service states: "Inmates are screened for medical problems within 12 hours of arriving. The medical staff consists of 38 staff members. The staff includes a full-time medical doctor, 13 registered nurses, eight licensed vocational nurses, a dentist, pharmacist, a psychologist and a social worker. The clinic has an X-ray facility, which is used as part of a tuberculosis surveillance program for detainees. The detention centers are clean and well-lit. Each of the cellblocks contain bunk beds, a TV monitor, a microwave, a dining area and bathroom facilities.The facilities also have a small law library and a commissary. Like most jails and prisons, the detention facility allows for religious practices. Inmates are allowed an hour a day of recreation on outdoor basketball and soccer fields or in an exercise room inside."

James Johnson, Founder/President, North Carolinians For Immigration Reform and Enforcement

Dear Editor:
Remember, foreigners who find themselves in detention are there because their status in the US is less than fully defined under our legal immigration criteria. These folks are in detention because they have violated our immigration laws. Immigration Daily and your fellow travelers seem always to forget that immigration law is to be respected, honored and adhered to every much as we as citizens and residents of a "Nation of Laws" are expected to be respectful to our other bodies of laws, rules, regulations. As for those so-called "parents" who drag their kids along when they know that they are in the process of committing violations of law that may cause them to be placed in detention I say that those folks should not be granted any detention and should be immediately returned to whence they came. Groups such as MidwestHumanRights, as well as the alphabet soup of so-called "Hispanic" defense groups, as well as so-called "immigration attorneys" who continuously engage in hand-wringing about the dastardly mistreatment of foreigners by U. S. border enforcement agencies need to redirect your ire towards the entrants who insist on their right to be in a country that is not theirs. While Immigration Daily urges Congress to heed the wisdom of Martin Luther King regarding "...speaking for the voiceless...", you should also peruse a copy of a book by Clarence B. Jones, a top King aide, to learn that Dr. King's pronouncements were never intended to support illegal immigration, or unlawful behavior of any kind.

J. E. Smith
Brunswick, GA

Dear Editor:
I agree with Luis Colorado's letter (07/03/09 ID) and my case is similar in many ways. I have been in the US with an F1 visa for more than 14 years. Two companies tried to hire me and applied for my green card. I decided to enroll again as student to be able to remain in status in waiting for a decision. Also, all what happened was to waste time and money, without mentioning the stress caused by the wait. Before coming to the USA, I had been working in Europe for almost ten years. I speak three languages and have a broad range of experience in various Latin American countries working for an international consultancy company ranked among the 500 international top companies worldwide. In the meantime, I have gotten two master's degrees and presently I am PhD candidate. I probably have spent around $7,000 in lawyer fees, trying to do every according to the law. I have been the victim of not knowing sufficiently the immigration law and the inability to keep paying attorneys. As Luis's letter stated, a lot of Americans like to say that this is a country of laws, and that was actually one of the reasons I wanted to move from my country of origin to the USA, among other reasons because I always admired the system, the honesty of the vast majority of the public servants, the rule of law, and the civil behavior of the people in general. However, I don't feel welcome in this country anymore. My country of origin is a Latin American country. I feel we are being targeted as scapegoats. If things don't get better, I will have to move to Canada. I don't want that, but we may not have an alternative.

Luis Nevada

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

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