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Immigration Daily


Chinese Immig. Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily August 18, 2009
Previous Issues
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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.


USCIS Adjudications On H-1B Petitions Beginning To Smell Like Day-Old Fish
Alan Lee, Esq. writes "USCIS now appears to be shortchanging its small customers in H-1B adjudications without just cause."

Iraqi Refugees In The US: In Dire Straits
Susan Dentzer et. al for The International Rescue Committee write "We conclude that the u.s. resettlement program, likely the only safe alternative for thousands of Iraqi refugees, faces major structural challenges in its organization and funding."

Bloggings On PERM Labor Certification
Joel Stewart writes "During a recent meeting, at issue was the method for determining Job Zones for particular SOC coded occupational classifications and the factors to be considered in determining what the Job Zone should be for an occupation."

To submit an Article for consideration, write to


USCIS Reminds Eligible Applicants under Ruiz-Diaz to File Adjustment of Status Application before End of August
USCIS reminded special immigrant religious workers, who have a pending or approved Petition for Amerasian, Widow(er), or Special Immigrant, (Form I-360), to file their Application to Register Permanent Residence or Adjust Status, (Form I-485), on or before Aug. 31, 2009.


Job Expo Australia
Sydney Australia (March 2010) and Melbourne Australia (October 2010) - Recruit using the E-3 Treaty Visa. Don't miss this opportunity to recruit in the "The Land of Wonder, the Land Down Under" It is good business to hire Australia's robust, educated and English-speaking job seekers. Some 5,000 job seekers are expected. Employers happily find that Australians do not have the cultural assimilation or English language challenges of workers from other countries. Can't make the Expo - utilize our Résumé Service. The Icon Group of Poulsbo, Washington USA is pleased to bring you Job Expo Australia, we have been producing world class international job expos for 12 years. Excellent, high profile, sponsorship opportunities available that will bring you to the immediate attention of job seekers before and during the Expo. Outstanding hotel + airline discounts welcome you. Now is the time to plan and reserve 2010 job fair participation. Job Expo Australia, "Another Wonder from the Land Down Under" "We'll slip another shrimp on the Barbie for ya". A portion of Expo proceeds will benefit The Steve Irwin Wildlife Reserve - Australia Zoo. Visit Contact us at Australia(at) with questions and requirements.

Help Wanted: Immigration Paralegal
Washington, DC - Fragomen, Del Rey, Bernsen & Loewy seeks an experienced Paralegal for its D.C. office. This is a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidates have 2+ years experience with all aspects of business immigration, including H-1B and L-1 visas, PERM, Immigrant Visa Petitions, and Applications to Adjust Status. The Paralegal will have the opportunity to manage caseloads with a large degree of independence; communicate with clients regarding procedural and case processing issues; update and maintain client status reports; prepare bills; and serve as a team resource. Very competitive salary and benefits for the right candidate. Please email your cover letter, resume, and writing sample (Word or Adobe formats only) to Robert F. McCafferty, Human Resources/Office Manager, at Or fax same to 202-371-2898. EOE.

Help Wanted: Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks experienced attorneys for its Refugee and Asylum Law Division in Washington, D.C. Responsibilities include, but are not limited to, advising the Division Chief, the Chief Counsel, and USCIS on issues relating to US immigration laws and international treaty obligations, and providing legal advice on domestic asylum law and practice, overseas refugee resettlement programs, temporary protected status, and the Convention Against Torture. J.D. degree, active bar membership, 1+ years of post-J.D. experience required. For full details enter COU-CIS-2009-0007 here. Applicants must submit (1) writing sample (5 pps. max) (2) resume (3) cover letter, to All submissions must be received by close of business on August 14, 2009. GS-13/15. Position open until filled. No relocation allowance offered.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney with experience in immigration law and training for the Training and Knowledge Management Division (TKMD). Responsibilities include, but are not limited to, the development of course materials and delivering of instruction, developing and managing content with the USCIS Knowledge Management Center, and serving as an advisor to the Chief of the TKMD, the Chief Counsel, and to USCIS on issues relating to immigration laws. J.D. degree, active bar membership, 3+ years of post-J.D. experience and experience in classroom instruction required. For full details enter COU-CIS-2009-0006 here. Applicants must submit (1) cover letter (2) resume , (3) two writing samples (10 pps. max) to OR Mail to: Janice Neetenbeek, Chief, Training and Knowledge Management Division, OCC, U.S. Citizenship and Immigration Services, 8801 N.W. 7th Ave., Suite 2012 Miami, Florida 33150. Applications faxed or submitted through USAJOBS will not be considered. All submissions must be received by close of business on August 14, 2009. GS-13/15. No relocation allowance offered.

Credential Evaluation And Translation
Why do the largest law firms, corporations and universities in the U.S. choose AETS for their foreign credential evaluations? Because as the nation's leader in foreign credential evaluations and translations, American Evaluation & Translation Service, Inc. (AETS) provides the most competitive rates in the industry - $75 educational evaluations, as well as $300 '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, see: Please contact AETS at anytime at (786) 276-8190, visit , or email:


Illegal Immigration Enters the Health-Care Debate
But in many ways, illegal immigration is at the nexus of two key health issues: the uninsured and ballooning costs.

Bollywood Star Detained By Immigration
Oddly enough, the incident mirrors the plot for Khan's latest movie with Fox Asia Studios, "My Name Is Khan," which focusing on the story of a "Muslim man's travails in the U.S." and comes on the heels of Continental Airlines frisking former president of India A.P.J. Abdul Kalam at the Delhi airport earlier this year.

Exhibit Deciphers Texas Coast's Role In Immigration
The City of Galveston was a busy port of entry for people coming to America from the mid-1800s until 1924.

Immigration Must Be Reformed
There are so many known illegal aliens in this country now and so many have been here for so long, we are in over our heads.


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

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Send your professional announcement to: Examples include: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. This is a free service.


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

Dear Editor:
I am interested in purchasing US Tax Compliance For Immigrants And Employers. However, before committing, I was wondering if you could e-mail me a complete table of contents to review.

Jeffrey Frey

Editor's note: Table of contents for all our books are available online. To view the Table of Contents for US Tax Compliance For Immigrants And Employers, see here.

Dear Editor:
This is my opinion in response to Lisa Mulzac's letter to the Editor (08/17/09 ID). When I read her letter I was shocked, that is so similar to my story. The only diffrence is that I was brought here when I was 6 years old. I am now 20 and still waiting to obtain legal status. I too believe that it is unfair for them to take away that first priority date.

May Cruz

Dear Editor:
Thank you, Charles W. Bennion, Esq., for your letter (08/17/09 ID); the letter stated very well what many of us feel. I hope that at least some of the "regulars" on ID will think about your message.

John H. Frecker

Dear Editor:
If ID is looking for a wish list: (1) Repeal the 3 and 10 year bars in 212(a)(9)(B) (2) Amend 212(a)(6)(C)(ii) to provide for a waiver for false claim to US citizenship ... equating this with dealing 100 kilos of drugs is absurd - and extend the 212(i) waiver to parents of US citizens (3) Repeal 212(a)(9)(C) (4) Repeal 240A(a)(3)- allow for discretionary waivers for aggravated felony convictions ... they don't have to be felonies and most are not "aggravated" offenses (5) Reinstate 245(i) as a permanent provision.

Mathew Millen
Los Angeles, CA

Dear Editor:
I liked the old law - if a person survived here for 7 years and didn't get into trouble, worked hard, and learned English, when the statute of limitations expired they could apply for citizenship (see 08/17/09 ID comment). I know that quotas are important, but they are also very discriminatory. Why don't they raise the quota for Mexico, since the Mexican people have contributed so much to our labor force and economy in CA and many other states? Why do we allow in all the well educated light skinned people and discriminate against the hardworking economic immigrants from Mexico?

Ruth Stadnik

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

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