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Immigration Daily February 8, 2011
Previous Issues
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Comment: EVerify And I9s For Experts - ILW.COM is pleased to present "EVerify And I9s For Experts" with Robert F. Loughran, Karen Katz Feldman, Charles Kuck, Avalyn Langemeier, Angelo Paparelli, Eileen Scofield and other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on February 9:
Real World Advice from Those that Have "Been there/Done that": Preparing for Enhanced Worksite Enforcement of the Form I-9 and Challenges to the Employment Eligibility Verification Process

  1. How to prepare clients proactively
    • Evaluate existing policies and practices
    • Audit existing Forms and determine Deficiencies
    • Identify possible remediation and weigh options
    • Prepare client for what to do in the event the Government Subpoenas, Audits or Raids
  2. Reacting to the government and protecting your clients interests during an enforcement action
  3. Working with or against the government following an enforcement action: Cooperation or preserving objections?
SECOND Phone Session on February 17:
Going Electronic is not Just Logging on and Getting Started
  1. Form I-9 Electronic Software
    • Benefits
    • DHS Final Rule on electronic signatures and storage
    • How to choose an electronic software provider
    • What is a compliant versus non-compliant software, and sez who?
    • What if the Government Challenges an Employer's choice of Electronic Software?
    • Litigation and Remedies
  2. Managing E-Verify (this could be moved to the third session)
    • Tentative non-confirmations & final non-confirmations
    • E-Verify "dos" and "don'ts"
    • Weaknesses in E-Verify
    • Recent E-Verify improvements and potential future changes
    • Results of Customer Satisfaction Survey (10/15/2010)
    • GAO Report (12/2010) and USCIS response
THIRD Phone Session on March 3:
The Whirlwind of New Guidance on What the Government Thinks is Acceptable
  1. Form I-9 Updates
    • Recently revised M-274
    • Changes relating to acceptance of documents
    • Substantive vs. technical errors
    • Most Recent Government Interpretations and declaration of what Mitigation ICE believe is acceptable versus unacceptable
  2. Updates on E-Verify Implementation around the US
Wednesday, February 9 (10 a.m. ET) is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.

Article: HB 87 Analysis -- The Emperor has No Clothes; Increased Taxes, Unfunded Mandates and Economy Destroying Litigation by Charles Kuck

Bloggings: Next Verse, Same As The First? by Chris Musillo

Bloggings: Immigration Judges Repudiate Asylum Officers by Jason Dzubow

News: USCIS Issues Interim Memo For Comment On Adjudication Of Application For Individuals In Removal Proceedings

News: USCIS Updates H-2B Cap Count

Focus: PERM For Experts: Recruitment Issues
Wednesday, February 9 is the deadline for the Thursday, February 10 phone session of PERM For Experts, with Sofia Zneimer (discussion leader), Judy Bordeau, Catherine Haight, Douglas Hauer, Loan Huynh, Kimberley Best Robidoux and Roger Tsai. The curriculum is as follows:

  • Professional or not (what to do in borderline cases; is Schedule A determinative?)
  • Advertising media - Internal consistency - NOF, PERM, PW, Recruitment (Letter to publisher asking for ad to be placed and proof suggesting payment for ad, insufficient, Matter of Natural Nature, Inc.; BALCA Affirms Denial Finding Requirement in Ad Less Favorable Than ETA 9089; Ads listing requirement of background check not in notice or PERM form, less favorable, Matter of Noll Pallet & Lumber Co.; All additional advertisements must comply with 20 CFR 656.17(f) content requirements, Matter of Credit Suisse Securities
  • Documenting recruitment (Job Order; Matter of Mandy Donuts; Screenshot of the SWA job posting, Matter of American Airlines; Internal Recruitment Program, Matter of Sanmina-Sci; Website posting (dated copies); Matter of Hawthorne Suites; Matter of EZChip; Signed recruitment report insufficient as proof that employer placed ads on its website or job search websites. Screenshots are required, Matter of Transatlantic Systems, Inc.; Professional journals; The ten options)
  • Notice of Filing ("Offered wage" Matter of O'Brien & Van Stiphout; Matter of Alum-A-Lift; Timing - Ten business days, document that company is open during holidays/weekends. "Business days" for purposes of the notice requirement under 20 CFR 656.10(d)(1)(ii), Matter of Il Cortile Restaurant; Name of business - fatal to application in Matter of Robert Venuti Landscaping
  • Job applicants (Documentation; Contacting; Interviews; Results of Recruitment)
  • Recruitment Report (Content and backup documents)
Wednesday, February 9 is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.

Headline: RT @P1Lal: Illegal immigration Influx of immigrants from India baffles border officials in Texas (LOL)
Headline: RT @Colorlines Drop the I-Word: I Am Determined
Headline: RT @Colorlines Birthright Citizenship Bills Stalled in Arizona Senate
Headline: what are your thoughts on birthright Citizenship? immigration undocumented
Headline: Students in Legal Limbo After Immigration Fight.
Headline: Sens. Graham, Schumer go at it again! immigration
Headline: Fate of High School Basketball Team Uncertain Over Star Player's Immigration Status
Headline: Chipotle under fire for hiring undocumented immigrants; chain fires hundreds after customs crackdown
Headline: CLE Seminar:EVerify And I9s For Experts. Sign up today!
Headline: Smuggle Truck: Tasteless Satire on Immigration Issue
Headline: TRAC's Immigration Court Caseload Tool: to obtain case backlogs n waiting times in each state, court n hearing location
Headline: TRAC's latest report on the Immigration Courts
Headline: New Mexico: More Liberal on Immigration than - San Francisco?
Headline: H-1B Book includes H-1B Step By Step, Advanced H-1B Issues and essential memoranda. Get your copy at

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Help Wanted: Immigration Paralegal
San Francisco, CA - The Morgan Lewis Resources Immigration Group seeks an Immigration Senior Paralegal to assist with a wide variety of immigration matters. This position works under the direct supervision of the Attorney, Case Manager, Senior Case Manager and Regional Paralegal Manager; possesses substantive knowledge and exhibits basic strategic thinking and initiative with respect to case and project management; demonstrates increased confidence and expertise; communicates to supervisors fully and in a timely manner status of task completion and new developments; applies good skills of legal research, writing and analysis; and generally manages the caseload and status expirations for clients. Specifically, the responsibilities include providing high level client support as well as the preparation of H-1B, TN, L-1, E-1/E-2, petitions and applications, labor certification applications and Adjustment of Status/Consular Processing applications. A minimum of 2 years business immigration experience and a Bachelor's degree from an accredited college or university is required. Morgan Lewis values collegiality and diversity among our employees. We offer a professional work environment and a compensation package that includes a competitive salary and benefits. We are not accepting applications from agencies. Please apply online by clicking

Help Wanted: Immigration Paralegal
New York, NY - Boutique immigration law firm seeks experienced immigration paralegal to work from own home or office. 5+ years experience in all business and family immigrant and nonimmigrant petitions required. Required to work remotely. Resumes, refs and writing samples to

Help Wanted: Immigration Attorneys
Lees Summit, MO - U.S. Citizenship and Immigration Services (USCIS) Office of the Chief Counsel, Department of Homeland Security (DHS), seeks an experienced attorney with demonstrated experience in the Freedom of Information Act, Privacy Act, and other laws related to federal records. The selectee will work at USCIS. National Records Center (NRC) located in Lees Summit, MO. The selectee for this vacancy will serve as a senior attorney providing advice to the Chief of the Commercial and Administrative Law Division, the Chief Counsel, and USCIS officials located at the NRC on issues related to federal disclosure laws and other forms of general administrative law in support of USCIS. mission. The attorney would report to the Deputy Chief of the Commercial and Administrative Law Division in Washington, D.C. The attorney must have five or more years of professional legal experience, acquired after being admitted to the bar. For more info, key in Job Announcement Number: COU-CIS-2011-0001 at Submit cover letter, resume, and writing sample (max. 10 pps.) to: Must be received by close of business, Tuesday, February 15, 2011. Position is at the GS-12/GS-13/14/15 level.

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 Credential Evaluation Application. 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: AETS Translation Application. Please contact AETS at anytime at (786) 276-8190, visit , or email:

Immigrant Tax Services
Are you worried that your clients' tax returns might hurt their adjustment, cancellation or consular processing case? Did you know that clients making less than $46,000 qualify to obtain retroactive refunds after they obtain Social Security Numbers via any immigration process? Did you know that taxpayers can claim an exemption for dependents residing in Mexico or Canada? Sam Rock, principal of the Rock Law Group, specializes in taxes for immigrants. He is an immigration lawyer, national speaker and has published several AILA articles on the intersection of immigration and income tax law. Contributor to tax section, Kurzban's Immigration Law Sourcebook, 2010-11. With 10 years experience preparing tax returns for immigrants, we can help you understand your client's eligibility to file as head of household and make dependent claims. Get your legal fees paid from your clients' unclaimed tax refunds. Rush service in 48 hours. Educating Haitian nationals about retroactive tax credits available to Haitian recipients of TPS. Services: original 1040s, amended returns, expert letters, testimony, resolution of IRS tax debt, audits/exam from all states and U.S. taxpayers living abroad. Competitive fees. Get tax knowledge on your side. Contact:, 866-243-8178, This is an advertisement by an attorney.

To place a classifieds ad in Immigration Daily, see here

ReadersWrite: Yesterday's Discussion

ReadersWrite: Today's Discussion

ComingsNGoings: Immigration Event
February 9, Teleconference - The National Immigration Forum is pleased to present a Telephonic Press Conference on the impact of E-Verify on the business sector. The speakers will include State Senator Leticia Van de Putte, (D-Texas), David Cox, David Weber, Grisella Martinez, and Craig J. Regelbrugge with Ali Noorani as the moderator. For more information, please contact Katherine Vargas at

Readers can share professional announcements (up to 100-words at no charge), email:

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 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