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Immigration Daily February 12, 2010
Previous Issues
The unmatched news resource for legal professionals. Free! Join 35,000+ readers


Comment

12,500+ Haitian TPS Received

The Washington Post reports "More than 12,000 Haitians have applied for the chance to stay and work legally in the US while their country struggles to recover from last month's earthquake." For the full story, see here.

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


Focus

Maintaining a Legal Workforce

Tuesday, February 16 is the deadline for the Thursday, February 18 phone session of "Employer Compliance For Experts" with speakers Patrick Shen, Ronald "Alan" Atkinson, Don Crocetti, Cynthia Lange, Priscilla H. Muhlenkamp, Michael Patrick, Shannon Slattery, Jennifer Sultan and Allen Vanscoy. The curriculum is as follows:

The speakers during this program will discuss recent Department of Labor enforcement, including enforcement and adjudication trends involving the labor condition application and PERM applications. The program also will include a segment on audits by the US Citizenship and Immigration Services' Office of Fraud Detection and National Security (FDNS) on H-1B petitions. Program highlights include:

  • Best practices on maintaining LCA and PERM files
  • Tips on how to prepare for an LCA or PERM audit
  • Better understanding of what to expect during the FDNS site visits and how best to prepare for such visits
Tuesday, February 16 is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: http://www.ilw.com/seminars/201002.shtm. Fax form: http://www.ilw.com/seminars/201002.pdf. Don't delay, sign up today.


Articles

Bloggings On The H-1B Visa
Anthony F. Siliato and Scott R. Malyk write "USCIS issued guidance on precisely the issue that the post raised; that is, "whether the companies who received TARP funds, but have since repaid them to the government, are still restricted by the H-1B dependent rules?"

Bloggings on Deportation And Removal
Matthew Kolken writes "After one-year in office I can tell you as an immigration practitioner that President Obama's government has actually gotten worse for immigrants, especially for those being held in immigration detention."

Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "My point is not that we emulate Scrooge McDuck to hoard the few remaining dollars in the public coffers, thereby giving up on enforcement of the immigration laws."

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


News

DOL Final Rule On H2A
The Employment and Training Administration of the Department of Labor published notice of a final rule, effective March 15, 2010, in the Federal Register amending its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers.


Classifieds

Help Wanted - Immigration Attorney
Detroit area, MI - Expanding employment immigration law firm seeks junior immigration attorney with 2+ years business immigration law experience in H, L, PERM cases. Candidate must enjoy working in fast-paced collegial environment, posesses excellent communication skills, is able to multi-task and work independently. Competitive salary + compensation package offered. Relocation package unavailable. All replies treated in strict confidence. Send resume + cover letter to: immlawattyMI@yahoo.com.

Help Wanted - Immigration Paralegals
Detroit area, MI - Expanding employment immigration law firm invites immigration paralegals with 5+ years business immigration law experience in H, L, PERM cases to consider joining our team. Candidates should be detail-oriented, able to work independently, be team players, and have solid writing and speaking ability. Competitive salary offered. Send resume + cover letter to: immlawparaMI@yahoo.com.

PERM Services
At Jon Byk Advertising, Inc., we provide a wide range of services that will help fulfill your PERM recruitment requirements quickly, cost-effectively, and efficiently. With 15+ years of experience working with one of the nation's largest immigration law firms, our customer service is unparalleled. We understand the importance of meeting DOL requirements with regards to ad content, media selection, ad documentation (tear-sheets), and deadlines. We will locate publications that meet DOL and EDD requirements by geographic region, provide upfront pricing, and timely deliver original tear-sheets for all ads (print, online or broadcast). Our experience in recruitment solutions means valuable time saved for you. For more info and a free quote, contact Mya Le at 310-476-3012 or myale@bykadvertising.com. Please visit our website www.bykadvertising.com for special offers and discounts.

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.

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.


Tweets

Arpaio ignores DC's effort to clip his powers: "If Washington doesn't like it, I recommend they change the laws" http://ow.ly/16sOW #fail

Arpaio landlord ready to deport him http://ow.ly/16tTy - racist Arpaio does not belong in USA, deport him

Interested in helping out the #immigration movt? 218 & 60 are the goal, help pass #dreamact through advocacy research at http://ow.ly/16rne

Antis react to #Obama SOTU: Pro #immigrants should have elected McCain instead http://ow.ly/16rkJ

Follow ILW.COM on Twitter.


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
'Do Migrants Improve Their Hometowns? Remittances and Access to Public Services' Edmund A. Walsh School of Foreign Service 4:00-6:00 p.m., February 12, 2010, Mortara Center, Georgetown University, https://www12.georgetown.edu/sfs/rsvp/index.cfm?Action=View&EventID=2728


Letters

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

Dear Editor:
Two of my recent letters have criticized USCIS Acting Associate Director Donald Neufeld's memos for unfairness to immigrants who try to follow the law and play by the rules. Mr. Neufeld's May 6, 2009 memo says that a green card applicant whose adjustment of status application (I-485) was properly filed, and who was in legal status at the time of filing, can still be considered as illegal and can be deported during what might be a very long wait for the green card to be approved, if she does not keep her temporary "non-immigrant" status current. The fact that this may be impossible to do as a matter of law, since "non-immigrant" status is often legally inconsistent with "immigrant (i.e. green card) intent", does not seem to bother Mr. Neufeld. The second Neufeld memo, dated November 5, 2009 (as modified on December 8, 2009), actually instructs USCIS adjudicators to deny H-1B petitions that were correctly and timely filed, even when it was entirely the government's fault that the supporting Labor Condition Applications (LCA's) were denied because of a defective US Department of Labor database. A third Neufeld memo, dated January 8, 2010, concludes that employment agencies (dismissively called "job shops" in the memo) cannot quality as H-1B employers. However, the memo appears to be irrelevant, because USCIS regulations still allow employment agencies to file H-1B petitions as "agents", even if they are not considered to be "employers". This may sound harsh, but whatever these Neufeld memos lack in thought is more than made up for in apparent anti-immigrant bias. The memos should be promptly rescinded. So should Mr. Neufeld's authority to issue them. Only Congress has the power to do a hatchet job on legal immigration, not just one official acting on his own, with no statute or regulation to back him up.

Roger Algase, Esq.
New York, NY

Dear Editor:
It would appear that my rare agreement with a R. Algase letter over the dim chances of CIR passage was short lived indeed. What is "curious and disturbing" is RA's letter of 2/11/10 ID on Tom Tancredo's well received speech at a recent Tea Party convention which is seen as an "illustration" of "anti-immigrant bigotry", "racism", an "outrage", a "rant", and "an attack on Hispanics". Tancredo made no mention of Hispanics and what, pray tell, is wrong with requiring a literacy test to vote? One takes a driving test to determine a minimum ability. It is this kind of inflammatory language, myopic views and politically "correct" nonsense that gives liberals the negative reputations they deserve. If the facts are that Hispanics do constitute the majority in this category, how is that Tancredo's fault and why should his free speech be hindered in referring to the problem. This is as phony as the feeble racial profiling complaint regarding illegals where the majority of violators are Hispanic. The real outrage is the migration invasion that such tactics try to minimize. Search: "Here in Aztlan, it's the people that make the Difference" by Lionel Waxman; "I'm Just Looking for a Better Life" by H. Millard; "Conquest of Atzlan" by Yeh Ling Ling; "Multiculturalism, Immigration and Aztlan" by Maria Chang. This clear comment and objective analysis will provide a more balanced view of the migration problem.

Jim Roberts

Dear Editor:
See ID below for some serious mistakes: On Headlines section, all of the links take your computer to a gamesite. I am sure ID did not mean for this, but ID should take quick action to correct it. Usually, your publication is an informative source of good information.

Martha Dixon

Editor's note: Thank you for taking the time to write us. We checked the links and they correspond to the correct news stories. Please note that when copying a link into a browser, the link is case sensitive and the use of a lower-case letter in the link results in an altogether different link and different news story.

Dear Editor:
I received this notice today. Please note that the "taxpayer" does not provide someone else's SSN - the undocumented makes up a number, which is not ID theft. I don't know if ID readers know, but all IRS taxpayer accounts are identified with the nine numbers of an SSN or ITIN and the first four letters of the Family Name (known as last name in this country). That's because the IRS and SSA reached a point where there were more people than available numbers. Here is the notice, entitled IRS May Disallow Withholding for Undocumented Workers which states "The IRS has issued a Chief Counsel Advice that addresses a social security number (SSN) and ITIN mismatch with specific facts. The taxpayer is an undocumented worker, not eligible for an SSN; however, the taxpayer provides someone else's SSN in order to obtain employment. The taxpayer receives wages from his employer, and the employer withholds federal income tax under that SSN. The taxpayer wishes to fulfill his tax return filing and payment responsibilities, so he obtains an ITIN and files a tax return using the ITIN. The W-2, however, attached to the return, contains the SSN the taxpayer provided to his employer. The IRS processes the return under the ITIN, even though it is accompanied by a W-2 containing an SSN. During an audit of the return, the mismatch between the SSN and ITIN causes the IRS to disallow the federal income tax withholding the taxpayer claimed on his return until the IRS can determine if the taxpayer truly earned the wages for which the withholding credit is being claimed. The IRS advises that in situations containing this fact pattern, refunds, if any, will be delayed until the IRS can verify the withholding as reported and paid to the U.S. Treasury (CCA 201005001)."

Angie Mercer, Immigrant Documents
Joliet, IL


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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