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Immigration Daily January 14, 2010
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Comment

Why Haiti Matters

America's response to the tragedy in Haiti has nothing to do with humanitarianism - or with help provided by a rich country to a suffering people with a per capita Gross Domestic Product of 2 dollars per day. America's response has nothing to do with the fact that the founder of Chicago was a Haitian immigrant (Jean Baptiste Point du Sable) or that renowned ornithologist and painter John James Audubon was also an immigrant from Haiti. Rather, the two factoids above illustrate how immigration ties neighbors together. The ties holding Haiti to America are deep, and as neighborly ties go, are both bitter and sweet. In 1779, 750 Haitian soldiers fought with us against the British in the Siege of Savannah during the American Revolution. The US Marines were the de facto rulers of Haiti from 1915 to 1934, an entire generation of Marine leaders learnt their trade in Haiti, and in the process built most of the tiny country's roads. The American military has had to intervene repeatedly in Haiti, most recently in the mid-1990s and in the mid-2000s, to provide police functions, among other things. The same neighborly ties apply to the Haiti's other neighbors: In 1815, Haiti provided the soldiers and the money to Simon de Bolivar for his campaign freeing the nations of Colombia, Venezuela, Ecuador, Panama and Peru. Continuing those ties into the present, the current Chief Executive of Canada, Governor General Michaelle Jean, is a refugee from Haiti.

The true tragedy in Haiti has only begun. With such a large percentage of fatalities (reportedly about 1% of the country's population), Haiti will not be able to bury its dead. Dead bodies will soon begin rotting in the streets and collapsed buildings, and tens of thousands of deaths from disease can be expected in the months to follow. Doubtless, America will lead the effort to rebuild the infrastructure in Haiti, infrastructure necessary to prevent further death and suffering - roads, electricity, hospitals. But it is going to be a very long effort, and we believe that America will need to provide a significant quantity not just of the dollars, but also the personnel.

There exists one organization in the US with significant experience in Haiti, and that organization has swung into action - the US military. News reports indicate that 3,500 soldiers of the 82nd Airborne were boarding planes to Haiti as of Thursday morning. The timing of the boarding leads us to the following reconstruction. We believe that the Pentagon dug up contingency plans within hours of the earthquake, as the outlines of the calamity became faintly visible. We believe that the President was briefed at his daily National Security Council meeting on Wednesday morning, and that he ordered the deployment of significant quantities of troops. America's primary strategic reserve, the President's personal 9-1-1 force, is the Division Ready Brigade of the 82nd Airborne, exactly the force which is deploying today, the Brigade usually deploys 24 hours after the initial order. If our reconstruction is correct, the US will be sending significant forces to the island over the coming weeks and months, forces large enough to affect the two wars currently under way. We believe that the President will either have to scale back the efforts in the wars under way or activate some reserves. In other words, the Haitian tragedy is an American one too - our options in Iraq and Afghanistan will be constrained by the earthquake.

The American military and the international community can only do so much to help put Haiti back on its feet. Many studies in recent years have shown that perhaps the best form of foreign aid is remittances sent by emigrant workers to family back home there is no corruption to worry about, and money is spent exactly where it is most needed. And that is why TPS (temporary protected status) is crucial, as is the role of the immigration bar. There may be between 50,000 and 100,000 potential TPS beneficiaries in the US. Practitioners serving the Haitian community in the US will surely rise to the occasion there is straight-forward financial incentive for them to do so. However, the size of the need will be more than the current supply. Immigration attorneys serving other communities will likely consider adding Haiti to their client-mix, after USCIS does the right thing and announces the TPS procedures, again this is a smart business move anyway. But the above two categories are small. There are many immigration attorneys who are moved by the plight of the victims in Haiti, and who are primarily in employment-based practice, who can and should help. We urge them to consider taking just one reduced-fee or no-fee Haitian TPS case after the expected USCIS announcement. This (and not just a donation to the Red Cross) is the real, long-term help that the immigration bar can offer to those suffering today in Haiti.

While the faces of the human tragedy fill our TV screens, we must not forget that the real ties between America and Haiti will be very much alive after those images on TV have faded. The immigration law community in the US will be in a unique position to help the Haitian people after the USCIS TPS announcement. We urge our readers to standby. Over to you, USCIS!

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


Focus

The Immigration Compliance Book

The Immigration Compliance Book, Editors Angelo A. Paparelli, L. Batya Schwartz Ehrens, and Dan Siciliano features the following:

  • Sections: Understanding I-9 Concepts, I-9 Advanced Topics, Employer E-Verify Considerations, E-Verify Advanced Topics, DHS Enforcement Through ICE Raids and Audits, Specialty Topics
  • Sample Proposed I-9 Policy and Procedures, Sample Form I-9 Verification Procedures Guideline for Employers, Sample Checklist for I-9 Audit and Correction Guidelines
  • Critical Resource Materials: Selected Statutory Provisions, USCIS Memos, Executive Orders, USCIS Publications on I-9s and E-Verify, USCIS Press Releases/Q&As/FAQs, etc
  • Resource Materials on CD-ROM: 100+ Relevant Cases from OCAHO, BIA, Federal District and Circuit Courts, Important Statutes, Regulations, Forms, Weblinks, etc.
  • 750+ pages, 850+ footnotes
  • 33 authors: Adam Ketcher, Angelo A. Paparelli, Bonnie K. Gibson, Cynthia Lange, Cyrus D. Mehta, Dan Siciliano, Douglas D. Hauer, Francis E. Chin, Greg Wald, Jason Burritt, Jay Jorgensen, John Fay, Johanna Marmon, Julie Pearl, Justin A. Rymer, Kevin Lashus, Kristin Major, L. Batya Schwartz Ehrens, Laura Danielson, Loan Huynh, Lynn O. Tarran, Maggie Murphy, Matthew Warren, Michael Patrick, Michael J. Wildes, Olivia M. Sanson, Philip C. Curtis, Richard Gump, Robert F. Loughran, Steve Trow, Susanne C. Heubel, Susan Kelly, Vinh C. Trieu
For more info on this book, see here (fax version, see here).


Articles

What the Bible Really Says about Immigration Policy: An Analysis of "A Biblical Perspective on Immigration Policy" and "And You Welcomed Me: Immigration and Catholic Social Teaching" (Copyright 2010 Bruce and Judy Hake. Reprint permission granted to Immigration Daily and ILW.COM).
Bruce and Judy Hake write "If you take away just one idea from this article, let it be this: Never trust anybody who claims that the Bible calls for harsh restrictions on immigrants. That is not true."

Perspective - And The Winner Is...
Sheldon Richman for the Foundation For Economic Education writes "Should immigration finally take its place beside free trade as a winning public issue? Dustin Kenall says it could happen."

Bloggings On Immigration Law And Policy
Greg Siskind writes "Several new research studies are adding fresh data to the long trail of evidence that comprehensive immigration reform benefits the U.S. economy and the American taxpayer."

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


News

USCIS Issues QAs On Neufeld Memo On H-1B Employee-Employer Relationship
USCIS issued question and answers on the updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B 'specialty occupation' classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.


Classifieds

Help Wanted - Immigration Paralegals
Reston, VA - Goel & Anderson, LLC, a prominent business immigration law firm, has challenging, rewarding, and stable career opportunities for immigration professionals. Due to the sustained growth of our practice, we currently have multiple openings for experienced corporate immigration paralegals. 3+ years of business immigration experience (NIV and IV) with top-tier immigration practice or in-house corporate immigration department desired. Experience with corporate immigration compliance and/or global immigration matters is a plus. Extensive client contact involved. Undergraduate degree, excellent organizational and communication skills (both written and oral), and the ability to work independently in fast paced environment required. Goel & Anderson offers highly competitive salaries + outstanding benefits. Qualified candidates invited to apply with resume + cover letter to careers@goellaw.com. All submissions kept strictly confidential. No phone calls please.

Help Wanted - Immigration Attorney
Los Angeles, CA - USCIS Office of the Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. J.D. degree, active bar membership, 2+ years of post-J.D. experience required. For full details enter COU-CIS-2009-0010 here. Applicants must submit (1) writing sample (10 pps. max) (2) resume (3) cover letter, to Kelli.Duehning@dhs.gov. All submissions must be received by close of business on January 15, 2010. GS-13/14/15. Position open until filled. No relocation allowance offered.

Co-Counseling Offered
Practitioners with challenging extraordinary ability cases or any other complex immigration cases including appeals, may wish to co-counsel with PJ Patel, an attorney experienced in O, EB-1, NIW, and any complex matters for many years. Mr. Patel is known for his compilation of the INA, 8 CFR & 20/22/28 CFR for the past 25+ years. For more information, see his website at www.immigrationbypatel.com. Mr. Patel can be reached at pjpatel@immigrationbypatel.com 212-279-3230. All cases will be kept in strict confidence.

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.

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: http://aetsinternational.com/applicationforevaluationservices.pdf. 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 http://www.aetsinternational.com, or email: info@aetsinternational.com.


Headlines

White House Pressed To OK Immigration Change For Haitians
Haitian-American activists, immigrant advocates and South Florida lawmakers from both sides of the aisle are intensely lobbying the Obama administration to keep undocumented Haitian immigrants from being deported to an island nation whose economy is in ruins following Tuesday's horrific earthquake.

Immigration Reform Advocates See Inspiration In Work Of MLK
"Dr. King invoked the truth, the truth being that all humans ought to be treated with a certain dignity," Clemons told The Associated Press. "It would be natural for us to look to him as an example for fighting for a just cause."

Mission Creep In Immigration Enforcement
Until then, communities across the country will continue to suffer the consequences of immigration enforcement programs gone awry.

Irish American Community Leaders Push For New Immigration Bill
The White House recently sent out invitations to Irish American community leaders nationwide to attend a special briefing on comprehensive immigration reform this week.


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 - Washington, DC
January 25 - Migration Policy Institute is pleased to present 'DHS Assistant Secretary Morton discusses his vision for ICE' Speakers include John T. Morton, Assistant Secretary for US Immigration and Customs Enforcement, US Department of Homeland Security and Doris Meissner, Senior Fellow and Director, US Immigration Policy Program, MPI. 11:30 am-1:00 pm. For more info and to rsvp see: http://my.migrationpolicy.org/p/salsa/event/common/public/?event_KEY=17890


Letters

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

Dear Editor:
Regarding Honza Prchal's letter (01/14/10 ID): I have to agree that other incentives for legal immigration must be in place to deter illegal immigration. Prchal's letter mentions the point system as one alternative. I have seen the Canadian point system up close and I know that it has its own set of problems. It lacks integrity and fails to offer a clear path to gainful emplyment for the many hopeful immigrants. A combination of systems would be a much better solution. This is a very complicated issue that neither side wishes to address in a fair and honest manner. Let's get on track and find a workable solution.

Lynne Feldman, Esq.
San Diego, CA


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. Copyright 1995-2010 American Immigration LLC, ILW.COM. 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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