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Immigration Daily December 11, 2009
Previous Issues
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Comment

Immigrant Economy

The New York Times reports that the percentage of foreign-born workers has risen to as high as 35% in California and 27% in New York. "Nearly one in six American workers is foreign-born, the highest proportion since the 1920s, according to a census analysis released Monday. Because of government barriers to immigration, the share of foreign-born workers dipped from a 20th-century high of 21 percent in 1910 to barely 5 percent in 1970, but has been rising since then, to the current 16 percent."

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


Focus

Immigration Compliance Book Only $99

ILW.COM is pleased to feature The Employer's Immigration Compliance Desk Reference by Gregory H. Siskind, co-published by ILW.COM and the Society for Human Resources Management (SHRM). The book features:

  • Part I: Complying With Immigration Laws: Form I-9 General Concepts; Completing the I-9 Form; Reverification; Recordkeeping; Electronic I-9 Systems; Knowledge of Unlawful Immigration Status; Unfair Immigration Practices; Penalties and Other Risks; IRCA Compliance Tips; Conducting an I-9 Self-Audit; E-Verify, IMAGE, and SSNVS; Social Security No-Match Letters; Mergers and Acquisitions; State Employer Immigration Laws Arizona, Arkansas, Colorado, Georgia, Idaho, Illinois, Iowa, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia
  • Part II: An Overview of the U.S. Immigration System: Nonimmigrant Visas, Immigrant Visas (the "Green Card"), Asylees and Refugees
  • Appendices: Notable ICE Worksite Enforcement Operations in 2006-2008, M-274, Handbook for Employers, Electronic I-9 and E-Verify Vendors
For more info on this book, see here (fax version, see here). This low-priced book is selling fast, order your copy today!


Articles

Bloggings on Updates in Immigration Law
Carl Shusterman writes "This means that the agency has received 700 more H-1B petitions than it can approve. Why then is the USCIS still accepting H-1B petitions?"

Bloggings On Nurse And Allied Health Immigration
Christopher T. Musillo writes "The US Department of Labor (DOL) is about to roll out a new Prevailing Wage Determination (PWD) system that centralizes the process. Unfortunately, the DOL is unable to process electronic forms or even faxes."

Immigrant Of The Day: Edward G. Robinson of Romania
Kevin R. Johnson writes "Although he has played a wide range of characters, he is best remembered for his roles as a gangster, most notably in the film Little Caesar (1931)."

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


News

CBP Responds To False H1N1 Rumor
U.S. Customs and Border Protection stated that travelers do not need to present proof that they received the H1N1 flu vaccine in order to enter the United States, addressing false rumors to the contrary.

USCIS Issues QAs On Temporary Acceptance Of H-1B Petitions Without LCAs
USCIS issued Questions and Answers on temporary acceptance of H-1B petitions filed without DOL's certified Labor Condition Applications (LCAs).


Classifieds

Help Wanted: Immigration Professional
Washington, DC - The American Council on International Personnel seeks a director of agency liaison. Work with ACIP members and federal immigration agencies to improve immigration policies/procedures for large multinational employers. Maintain relationships with policymakers and report on agency activities, organize and report on liaison meetings, identify emerging global mobility trends and explore best practices, draf Fed Register comments and amicus briefs as needed, analyze new policies and procedures, and communicate changes to members through weekly email bulletins, website updates, webcasts, and other venues. Involved in planning ACIP's Annual Symposium in June. Public speaking and travel required. Ideal candidate has law degree, detailed knowledge of business immigration laws + procedures, understanding of global mobility best practices, experience filing immigration applications on behalf of large employers, liaison experience, ability to juggle shifting priorities, excellent writing skills + ideas for improving immigration system. Send resume, cover letter, references + writing sample to lynn_shotwell@acip.com.

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.

Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.

Translation Services
Certified translations by Legal Language Services in 157 languages have helped immigration attorneys throughout the United States for more than 25 years. Legal Language translates birth and marriage certificates, academic degrees, health records, employment information and other documents needed for immigration proceedings. Legal Language meets all USCIS translation requirements. Legal Language also offers consecutive and simultaneous interpreting, as well as certified transcription, in support of immigration proceedings. Rush service, including same day service, is available for a slight additional fee. For a free consultation or for more info: call 1-800-788-0450 or email immigration@legallanguage.com or visit us at http://www.legallanguage.com/lp/immigrationtranslation/. In addition, Legal Language seeks experienced immigration attorneys to contribute to our blog and respond to questions from visitors to our site. Email us to discuss further.


Headlines

DHS Secretary Reiterates Commitment To Immigration Reform In 2010
Department of Homeland Security Janet Napolitano testified before the Senate Judiciary Committee Wednesday, and reiterated her comitment to work with Congress to push for comprehensive immigration reform in early 2010.

Simplifying Immigration To Benefit Nation
Congress must restructure the US immigration system from the ground up, eschewing traditional immigration priorities and formulating a simplified immigration framework, according to a report from an academic panel released Wednesday.

Immigration Camps Harmful For Children
The detention of hundreds of children in Britain's immigration camps is harmful and ministers should change the policy, medical experts will warn today.

Nebraska Court Rules On Illegal Immigration Issue
Illegal immigrants hurt on the job in Nebraska are eligible for workers' compensation benefits.


comingsNgoings

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

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: editor@ilw.com. comingsNgoings announcements is a free service.


Letters

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

Dear Editor:
Uncharacteristically, I agree with Mr. Algase's letter (12/10/09 ID) that Mr. Sheplov's letter's points are excellent. In contrast to Mr. Murray's letter's (12/10/09 ID) arguments about restrictive views of citizenship, and like most pro-lifers. I think rights ought to be person-centered and find some support for that view in America's founding documents and throughout her history. That said, I do not see what the origin of life has to do with the question of whether one is born on American soil. Birth seems pretty easy to determine - conception, not so much. I respect the emphasis Mr. Murray's letter puts on the enforcement of our laws, even harmful ones such as our illogical immigration system, and I recognize in a far less aggressive form his and Mr. Roberts' letter's legitimate concerns that part of what makes America special is her culture and worry that with our government run schools actively trying to retard assimilation perhaps as often as they work to foster it that even America's remarkable capacity for assimilation is threatened by so many illegals coming from one place and culture, and a rather poor one at that. Stripping our immigration system of its complexity is probably a necessary first step to rationalizing our immigration system. Unfortunately, despite all the generation X net savvy razzle dazzle of Obama's campaign, no streamlining seems apparent at any level of government these days. If anything, the new Administration and legislative leadership appears to be less inter-disciplinary, open and decisive than the bunch they replaced. I expect no significant progress reforming our immigration system until another election or three. I hope a serious shock to the legislative branch in the next election will get Congressmen focused on immigration, an issue they could actually do something about, but I doubt it will.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
In recent Congressional testimony, DHS Secretary Janet Napolitano said that immigration enforcement by itself was no solution to the problem of illegal immigration and that it needs to be combined with "tough and fair" legalization. Judging by her current policies, if the Obama administration ever actually puts its weight behind legalization, the emphasis is likely to be more on the "tough" part of her statement rather than the "fair" part. Some pro-immigration advocates are seizing on her statement as evidence that the administration will finally come out with a "fair and balanced" CIR proposal, to paraphrase Fox News. Immigration supporters should not hold their breath waiting. That will most likely come when Lou Dobbs moves to Mexico to seek high office South of the Border. Everything that Napolitano has done since becoming the head of DHS shows that her heart is in enforcement only, down to the last illegal immigrant child, or the last technical I-9 violator. As Richard Nixon's cynical henchmen used to boast, "Watch what we do, not what we say". President Obama, for example, has been promising to end the cruel and senseless policy of kicking gays out of the military ever since taking office. But they are still being kicked out. This may sound unkind, but if Obama had been president during the civil rights era, he probably would have said that the Voting Rights Act and the end of segregation needed to wait until America, or worse still, African-Americans, were "ready" for equal rights. So much for the prospects of immigration reform.

Roger Algase, Esq.
New York, NY

Dear Editor:
Since Jim Roberts' letter (12/10/09 ID) loves to quote the Bible, then I have some questions here, did immigration control exist in the Biblical time ? The ancient Israelis, Babylonians, Ethiopians, Egyptians, Moabians, Assyirians, Romans, Mesopotamians, Persians etc. could trade, live, work come and go as they wish in others' kingdoms and territories etc. without fuss. Never we heard about Patriarch Abraham needed a visitor visa with limited "legal" duration of stay from Pharaoh administration to enter Egypt with notation that he couldn't work or trade there without permit since he would take "Egyptians' jobs and business opportunities" and lowering the wage standard there, nor when Apostle Paul travelling in many Kingdoms and territories to spread the Gospel of Jesus while according to church tradition, he was working to support himself while preaching the Gospel to the Gentiles. USA was founded by egalitarian and humanism principles with many faiths in the mixture with their universal value of compassion, justice and equality not particularly from sectarian Christianity from Baptist, Mormonism or other sects. None can claim that our great nation is a Christian nation since there are no reference in our Declaration of Independence nor Constitution ever mention about Christian deities and saints at all. The reason of why our founding fathers embraced the separation of Church and State was because many religious fanatics and lunatics love to quote one Bible verse to justify their selfish and flawed agendas and reasonings while omitting the others at all, and our history shows enough evidence that when theocracies rules then dark age and ignorance prevail, science will go backward, superstition, human rights violation and hypocrisy flourish. Starting with our holier than thou hypocrite "family value and pro sanctity of marriage" conservative politicians first who have cheated on their spouses, anyone?

Robert Yang

Dear Editor:
A writer mentioned (12/08/09 ID) the Cuban exception with what seemed like a bit of disgust the other day. That signals to me that this person has no clue as to what Americans are at heart, more than any other nation on the planet Americans want to be entertained. The Cuban "wet feet doctrine" plays into our Wild West nature and our competitive sprit. "Want to come to America? How bad?, bad enough to risk drowning at sea or being eaten by a shark? If so dive in and swim or paddle your way across the ocean. Wet Feet Doctrine should have an Olympic event associated with it. If you ask the average Joe who he sides with the swimmer or the Coast Guard its almost 100% for the swimmer no matter what his/her view of Immgration reform.

Sergi Sheplov

Dear Editor:
Responding to (12/10/09 ID) Letters and Comment, of course, "human beings can be illegal" when they commit illegal acts which violating our entry laws does. For the SC or ID to subscribe to the fiction that illegals, "documentation status lies in Congress' hands, not their own", grants amnesty before the fact, kind of like "unpardoned criminals" which is not a correct term either. This deviation from reality only reveals the bias of the user in giving greater concern to the law-breaker that should be reserved for the law. Such liberal fantasies and amnesties are irresponsible and without concerns for citizens' desires or entry security and are a jihad against US. The R. Algase letter continues to miss the mark in blaming the recession on entry law enforcement rather than the unholy influence of business, special and ethnic interests has had upon US with budget problems and high taxes. I am at a loss with the letter of D. Murray and what the naturalization of his wife has to do with the anchor baby issue. The letter does join the thinking of those who oppose this abuse and then denies the obvious effect of cheapened and diluted citizenship which is then called racist. The factual letter of J. McTyier was a relief, but I wonder why proving ancestry for citizenship for citizens is problematic which is only a matter of providing birth certificates. It is CIR amnesty that would result in an overload. The S. Sheplov letter complains about my references which are to inform, not offend. The R. Yang letter needs to read the Preamble which reserves these rights for US citizens and now openly admits that todays entry invasion is similar to the nomad Indians being displaced by whites. None of us had anything to do with that.

Jim Roberts


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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