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Immigration Daily November 24, 2010
Previous Issues
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Comment: Chamber, Vehicle And Vote - There are three questions standing between DREAM and its enactment: Which chamber votes first? What vehicle will be used for the bill? Are there enough votes to pass the bill? We comment on these below, along with why this is important to all those affected by immigration benefits, particularly employment-based immigration benefits.

First, lets look at the order of the votes in the chambers: If it is the intention of the Democratic leadership to merely make a statement, the Senate can go first. If it is the intention of the Democratic leadership to actually enact legislation, the House may have to go first. The record demonstrates this - when the leadership was serious about passing the health care and climate change bills, the House took the lead, since the Democrats enjoyed a near-super-majority in that chamber, and a mere majority is sufficient for passage. However, tough votes are always on a razor's edge in the Senate, where a super-majority is always needed for cloture. Moreover, the passage of a bill by the House creates momentum for it to be passed in the Senate.

Next, lets look at the possible vehicles for DREAM: In the House, the Republican minority will try to defeat DREAM with the limited options offered to them through House rules. It is advantageous to DREAM proponents to choose a vehicle for the DREAM Act which can ensure quick passage, instead of having to deal with amendments and other parliamentary maneuvers the would be in order should DREAM be offered as a stand-alone bill on the House floor. The House Democratic leadership could bring the Haitian Orphan bill to the floor and offer DREAM as an amendment to that bill. This would would forestall Republican options and make possible swift passage. As the Senate has already passed the Haitian Orphan bill, it could take the amended bill the House passes and vote on it directly. The other option for the Senate would be to offer DREAM as an amendment to the military appropriations bill. This is not a likely option because "Don't Ask Don't Tell" is already an organic part of the military appropriations bill, and the combined defections due to DADT and DREAM will likely sink both provisions. The Senate's work on both DADT and DREAM, both priorities of the President and the Congressional majority, will be complicated should DREAM be taken up through the military appropriations bill. While the Senate could, as Majority Leader Reid has stated, take up DREAM as a stand-alone on the Senate floor, House passage of the Haitian Orphan bill would simplify the Senate's work.

Next, lets look at the votes, and begin with the votes in the House: With House Democrats still enjoying a large majority and with Speaker Pelosi's proven and superb whipping ability, Democrats have the power to pass virtually any bill in the House. They may have to compromise to ensure passage, and perhaps compromise a lot, but the the House Democratic leadership possesses the wherewithal to ensure passage of DREAM. Failure to ensure passage can only be interpreted as a deliberate decision by the House Democratic leadership to abandon immigrants. If the House does not pass DREAM now, Democrats will cede the immigration issue entirely to the Republicans in the next Congress, who will cast it as one of internal enforcement and border security. To retain credibility on immigration, House Democrats need to show some results, or at least an attempt to obtain results. So far the historic House majority in the 111th Congress has produced nothing on immigration - not even hot air. If Democrats expect this to be a winning strategy, they are conceding the immigrant vote to the Republicans, as witnessed by the 7 new Hispanic Republicans who will join the 112th Congress.

Finally, lets look at the big issue (and in some sense the only issue): Are there 60 votes in the Senate to pass DREAM? Even though Republican Sen. Lugar is DREAM's co-sponsor and steadfast supporter, there are likely to be several Democratic defections in the Senate and votes of at least five Republican Senators will be needed to pass this bill. The best place to see the list of crucial Senators for the DREAM vote is from the anti-immigrationists' whip count, here they are:

Olympia Snowe (R-Maine), Byron Dorgan (D-North Dakota), Lisa Murkowski (R-Alaska), Sam Brownback (R-Kansas), Mary Landrieu (D-Louisiana), Susan Collins (R-Maine), Debbie Stabenow (D-Michigan), Claire McCaskill (D-Missouri), Max Baucus (D-Montana), Ben Nelson (D-Nebraska), Kay Hagan (R-North Carolina), Kent Conrad (D-North Dakota), Lindsay Graham (R-South Carolina), and Joe Manchin (D-West Virginia)

The battle for DREAM will set the tone for all immigration battles over the next Congress and perhaps beyond. If DREAM is enacted now, there will be a chance to get modest immigration benefits acceptable to some Republicans in the 112th Congress such as more EB numbers, nurse relief, more H1B numbers, etc. Failure to pass DREAM now removes any incentive for the Republicans to co-operate with the Democrats on passing any immigration benefits, since the steps of a million immigrant students marching towards citizenship would be silenced by failure. Not only would the incoming House Republican majority be emboldened to jettison any immigration benefits by DREAM's failure, the bogeyman of no immigration benefits post 9/11 will not have been exorcised. We urge you to email and fax and call the Senators in the list above and get as many other people as you can to do the same.

Article: The Dust Begins To Settle On The Republican Win Of Control Of The House And Its Deep Cut Into the Democratic Majority In The Senate by Micheal E. Hill

Article: The Fight Book: Chapter I-H1B: Part G, H, I by Rami Fakhoury

Article: Dispelling DREAM Act Myths by Mary Giovagnoli et. al for the Immigration Policy Center

News: USCIS Issues Memo On Response To Ombudsman's 2010 Annual Report

News: DHS Reports On Estimates Of Legal Permanent Resident Population In 2009

Focus: The Consular Posts Book
The Table of Contents for "The Consular Posts Book" is as follows:
PART I. MAJOR CONSULAR POSTS
A chapter each on - Argentina - Buenos Aires; Armenia - Yerevan; Australia - Sydney; Brazil - Sao Paulo; Canada -Toronto; China - Beijing, Guangzhou, and Shanghai; Colombia - Bogota; France - Paris; Germany - Frankfurt, and Munich; Haiti - Port au Prince; India - Chennai, Kolkata, Mumbai, and New Delhi; Jamaica - Kingston; Nigeria - Lagos; Philippines - Manila; Taiwan - Taipei; Trinidad and Tobago - Port of Spain; United Kingdom - London; Vietnam - Ho Chi Minh City.
PART II. THEORY AND PRACTICE
Chapter 1: Introduction
Chapter 2: New Attorney Vulnerabilities in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks
Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: The Consular Role in L-1 Blanket Petitions
Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
Chapter 11: State Department Name-Checks and Security Advisory Opinions (SAOs)
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces
Chapter 13: What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions
Chapter 14: A Template for Attorney Risk-Assessment
PART III. THE CONSULAR POSTS RESOURCES ON CD-ROM
For contributor bios, more info, and to order, please see: http://www.ilw.com/books/ConsularPosts.shtm. Or for fax, please see: http://www.ilw.com/books/ConsularPosts.pdf

Headline: Sen. Sessions authored DREAM Act opposition alert http://ow.ly/3f4xV
Headline: Lambert to introduce Arizona-style immigration legislation for Colorado http://ow.ly/3f3zA
Headline: Marine's mom appeals to Senate on immigration fix http://ow.ly/3f2qh
Headline: Putting a Human Face on the Immigration Debate http://ow.ly/3f2lx
Headline: Get your ad in ten thousand pages! Improve search engine ranking, increased name recognition and referrals. Sign up at http://ow.ly/31GA2
Headline: CHC Divided on Immigration Reform Strategy http://ow.ly/3eVNN
Headline: Push in Iowa and California For Arizona-Style Immigration Laws http://ow.ly/3eToU
Headline: Steve King Lays Out Plan To Abolish Birthright Citizenship http://ow.ly/3eT8i
Headline: Collin Powell and the Pentagon support the DREAMAct. Now it's Congress' turn! http://ow.ly/3exzJ
Headline: FL immigration advocates staged protest for dreamact at the entrance of the Krome detention center http://ow.ly/3evx9 @george_lemieux
Headline: H-1B Book includes H-1B Step By Step, Advanced H-1B Issues and essential memoranda. Get your copy at http://ow.ly/31FD5
Headline: Group of UTPA students to stage hunger strike in support of 'Dream Act' http://ow.ly/3evsa @kaybaileyhutch

To submit an article or a news item to Immigration Daily, write to editor@ilw.com. Follow ILW.COM on Twitter.

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. Candidates should have 3 to 10+ years of business immigration experience (NIV and IV) with a top-tier immigration practice or in-house corporate immigration department and be able to work in a high-volume case-processing environment. Experience with corporate immigration compliance and/or global immigration matters is a plus. All positions involve extensive client contact and applicants should have excellent verbal and written communication skills, outstanding organizational and time management skills, and be able to perform multiple tasks in a fast-paced environment. An undergraduate degree is required. Goel & Anderson offers highly competitive salaries, outstanding benefits (including fully paid PPO Health, Dental, and generous 401(k) match), and opportunities for sustained career growth. Qualified candidates are invited to apply with resume and cover letter to careers@goellaw.com. All submissions will be kept strictly confidential. No phone calls please.

Help Wanted: Immigration Attorney
Seattle, WA - The Office of the Chief Counsel seeks experienced attorney of Associate Counsel, USCIS OCC, Western Law Division. Responsibilities include serving as an attorney providing on-site legal advice to the local Field/District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security; and providing litigation support to U.S. Attorneys' Offices on cases related to local District adjudications. Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and 2+ years of post J.D. experience. Preference is given to applicants with immigration law experience, a background in federal litigation, an excellent academic record, and strong writing skills. For more info, key in Job Announcement Number: COU-CIS-2010-0009 at USAJobs.com. Submit cover letter, resume, and writing sample (max. 10 pps.) to: westernlawdivision@dhs.gov. Must be received by close of business, Friday, December 3, 2010. Position is at the GS-13/14/15 level.

Help Wanted: Immigration Attorney
New York, NY - The Office of the Chief Counsel seeks experienced attorney for the position of Associate Counsel, USCIS OCC, Northeast Law Division. Responsibilities include serving as an attorney providing on-site legal advice to the local Field/District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security; and providing litigation support to U.S. Attorneys' Offices on cases related to local District adjudications. Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and 2+ years of post J.D. experience. Preference is given to applicants with immigration law experience, a background in federal litigation, an excellent academic record, and strong writing skills. For more info, key in Job Announcement Number: COU-CIS-2010-0008 at USAJobs.com. Submit cover letter, resume, and writing sample (max. 10 pps.) to: Nercouvacancy@dhs.gov. Must be received by close of business, Friday, December 10, 2010. Position is at the GS-13/14/15 level.

Help Wanted: Immigration Attorney
New York, NY - Long-established, mid-sized, immigration practice has an immediate opening for an experienced employment-based immigration associate. Location is downtown Manhattan, close to all public transportation. Firm is well-known for providing excellent customer service, and also has a thriving real-estate practice group and a respected appellate practice group. This position in the immigration practice group requires the ability to manage a heavy NIV and PERM workload with minimal supervision. Send resumes to: gmhewitt@ppid.com.

Help Wanted: Immigration Attorney
Cincinnati, OH - Boutique immigration law firm with an established IT practice is bullish on business immigration and seeks lateral attorney. Must have an entrepreneurial attitude and a proven track record of attracting and retaining IT clients. Position will be based in Cincinnati, Ohio. If interested, send resume and cover letter to rita@hammondlawfirm.com. Hammond Law Group is a Cincinnati based immigration law firm with a national practice. The firm focuses its practice on the Information Technology and Healthcare sectors. The firm's clients range from Fortune 100 companies to progressive start-ups with a specific focus on staffing companies. The firm's attorneys are all members of the American Immigration Lawyer's Association (AILA) and regularly publish and speak on topics related to business immigration.

Case Management Technology
Which company do Fortune 500 Companies, top immigration firms, non-profits, one of the world's largest retailers and 2.4 million+ foreign nationals choose for their comprehensive immigration management needs? They choose EDGE, by LawLogix. LawLogix boasts unparalleled immigration experienced customer support to ensure we not only answer your call, but we answer your question! Offering a full range of options for transferring your current client files, LawLogix enables your firm to easily adopt EDGE with no downtime. LawLogix EDGE is the #1 integrated immigration forms, billing and case management system with online access for clients. EDGE provides around the clock access for your clients to check the status of their case, fill out intake questionnaires, review and print forms, and communicate with you securely. The online client access reduces the number of case status inquiry calls, and allows you and your staff to work more effectively. EDGE provides exceptional reporting capabilities. Quickly and easily configure any reminder, case status, consultations, milestone report with 1 click while making your job easier and more enjoyable. Visit us at www.lawlogix.com, email sales@lawlogix.com, or call today 877-725-4355 ext. 2 to request your Private VIP demo.

Expert Witness Services
Muslim World Expert Professor Shaul M. Gabbay, Phd, offers expert testimony in immigration cases from Muslim countries/societies, including the former USSR. Dr. Gabbay prepared reports and testified in 250+ Immigration cases nationwide (asylum, cancellation of removal, asylum interviews, hardship waivers) with a 93% success rate. Examples of what Immigration lawyers say: ... "He is a consummate scholar and passionate about his subject ... He makes a wonderful witness... He is riveting on the witness stand, helping us win nearly unwinnable cases with aplomb. He has won the praise of numerous Immigration Judges." (Svetlana Schreiber, Esq.) ... "He provided the testimony we needed in numerous asylum cases ... in virtually all of those cases, but for the expert witness testimony, I doubt the cases would have been approved, I recommend Professor Gabbay to anyone with issues involving Islamic society and culture." (Stephen Berman, Esq.) ... "His testimonies, whether written or oral, are credible, persuasive, and non-refutable. I have never lost a single case which had Dr. Gabbay on as an expert witness." (Ally Bolour, Esq.). Contact Professor Gabbay with any questions. He can also recomend country experts outside his specialty. Professor Shaul M. Gabbay, Phd, Korbel School of International Studies, University of Denver, sgabbay@du.edu, (303) 871-2560. www.Muslimworldexpert.com.

Translation Services
Are you in need of a certified translation of a legal document, visa, citizenship application or any other supporting documentation? If so, From A to Si Translations is your solution. From A to Si Translations has over 25 years of legal translation experience working with an array of different clients, including Fortune 100 companies and all small to large size law firms. We have a team of experience translators that specialize in over 50 different languages. Same day service and overnight turnaround is available. For a free quote please email jfuller@atosi.com or call Jason Fuller at 248-504-7011. Visit us at www.atosi.com.

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ReadersWrite: Yesterday's Discussion

ReadersWrite: Today's Discussion

ComingsNGoings: Immigration Event
November 30, Washington, DC - The Migration Policy Institute is pleased to present "Diasporas: New Partners in Global Development Policy." Speakers include Thomas Debass, Kathleen Newland, Pradeep Ramamurthy, and Karen Turner. For more information, see http://my.migrationpolicy.org/p/salsa/event/common/public/?event_KEY=28905.

Readers can share professional announcements (up to 100-words at no charge), email: editor@ilw.com.


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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