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Immigration Daily May 20, 2011
Previous Issues
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Comment: EB5s At USCIS - After a rough start during the nineties, the EB5 program came a long way during the zeroes. However, the program is still far short of the Congress's target of 10,000 annual visas. In a bid to ameliorate the situation, USCIS outlines some changes in two documents (see below). While we wish USCIS the best, and acknowledge that USCIS management's heart is in the right place on EB5s, something is getting lost in translation somewhere, here's why (credit goes to Ron Klasko for pointing these issues out, the opinions expressed herebelow, however, are our own). The fact is that a FOIA request made to USCIS for current training material used by adjudicators showed two things (1) the material appears to be two years old, many current issues which affect the program are nowhere to be found in the hundreds of pages of material released, pointing out that USCIS adjudicators may be ill-equipped on current trends affecting cases before them (unless USCIS has other techniques of training such as live instruction, which were not included in the FOIA request) and (2) hundreds of pages of material deal with reasons why an adjudicator can and should issue RFEs, NOIDs or outright denials, but there is nothing about Congressional intent behind the organic statute administered by the same adjudicators that of fostering job creation in the US vide foreign investment. If the training material used by USCIS for its adjudicators does not have as its central theme the Congressional intent behind the statute on which USCIS bases its regulations and adjudications, then something is very wrong somewhere in USCIS. We urge USCIS to take steps to ensure that its adjudicators are clearly aware of Congressional intent for EB5s, and indeed all immigration benefit programs (we strongly suspect training material used on the enforcement side, by ICE and CBP, for instance, emphasizes Congressional intent).

Article: Brown Around Town: Alice In PERM Land by Jan H. Brown

Article: The Most Effective Forms Of Legal Marketing by Larry Bodine

Bloggings: In Defense of the Lottery by Greg Siskind

Bloggings: How Safe Is The 14th Amendment's Guarantee Of Birthright US Citizenship From Attack By The Far Right? by Roger Algase

News: USCIS Proposes Enhancements To EB-5 Visa Processing

News: USCIS Publishes Proposed Changes To Processing Of EB-5 Cases

News: USCIS Update On 18-Month Extension And Re-designation Of Haitian TPS

News: USCIS Fact Sheet On 18-Month Extension And Re-designation Of Haitian TPS

Focus: Illuminating the Dark Ages: Disturbing Trends and Pleasing Solutions in Employment Based Immigration
ILW.COM is pleased to present "Illuminating the Dark Ages: Disturbing Trends and Pleasing Solutions in Employment Based Immigration" a new 3-part telephone seminar series with Angelo Paparelli (co-discussion leader), Batya Schwartz Ehrens (co-discussion leader), Nicole Kersey, Nathan Waxman, Karin Wolman and others. The curriculum is as follows:
The disconnect between lofty public pronouncements and the actual policies of the Executive branch immigration agencies these days has never been greater. Anyone tracking the real-world practices of the Department of Homeland Security knows that securing immigration benefits and avoiding the sting of overzealous enforcement have never been more difficult. The government seems constantly to devise ever more creative ways to limit or shut down existing legal channels to obtaining employment-based immigration benefits. Practitioners and their clients know that the current immigration system in the US is not for the faint of heart. This 3-part seminar helps identify and anticipate existing and new obstacles, and offers options and solutions for your clients as they navigate their individual paths to the American Dream.
FIRST Phone Session on May 26: Helping Cap-Exempt and Perm-Exempt High Achievers
Worldwide economic growth and outsourcing have redefined the most attractive destinations for the world's most desirable immigrants. However, these individuals also hold the keys to economic recovery and innovation in the US. In this session we will discuss strategies for "self-sponsored" employment-based immigrant petitions for talented achievers who have risen to the top in their field, health care professionals, and others who will enrich our nation of immigrants and stimulate the economy. We will also address the most recent trends in non immigrant employment-based visas for the best and brightest.

  1. EB-1: Extraordinary Ability and Outstanding Professors/Researchers
  2. EB-2: Schedule A Group II and National Interest Waiver
  3. Dealing with USCIS RFEs and the I-140 EB 1-1 RFE Template
  4. Nonimmigrant Visa Update
    1. Tackling the Interim Policy on H1B-Cap Exemption for Affiliates of Institutions of Higher Education
    2. Clarifying O-1 Agent and Itinerary Issues for Artists
  5. Update on Consular Trends in Visa Approvals, Refusals and Returns for USCIS Employment-Based Petition Revocations
SECOND Phone Session on June 23: I-9, E-Verify and Compliance
Mandatory E-Verify in designated states and within specific sectors such as federal contractors has adversely affected employers around the country. At the same time, ICE has mounted an aggressive campaign to audit employers' I-9 paperwork compliance nationwide. In this session, we will discuss how lawyers can help clients and gain more business by communicating the changes in employer compliance, trends in I-9 audits, and updates on E-Verify.
  • Supreme Court Update: Is the Arizona statute imposing sanctions on employers who hire undocumented workers preempted? (Chamber of Commerce of the United States v. Whiting)
  • I-9 compliance and E-verify update
  • Best practices in proactive compliance
  • Developing and implementing Standard Operating Procedures for new Social Security no-match notices
  • Scope of constructive knowledge and duty to investigate
  • Interfacing with unions in I-9 voluntary audits and government investigations
  • Mergers and acquisitions I-9 issues
  • Minimizing risk in use of vendors and consultants
  • Representing clients in I-9 audits
  • The role of the immigration attorney and I-9 housekeeping for clients
THIRD Phone Session on July 7: Visa Strategies for Entrepreneurs and Investors
Money makes the world go 'round, including on planet DHS. EB-5s and other investor visas offer unique options for individuals as a means of obtaining permanent (green card) or temporary (non immigrant visa) entry to the US. In this session, we will highlight some of the strategic concerns which foreign nationals and attorneys should understand as they explore investing in the US, either in an existing business, or as an entrepreneur starting a new business.
  • Understanding the EB-5 program
  • Problems and solutions for individual investors and regional centers
  • The role of the immigration attorney as an advisor
  • "H-E-L-L-O!" Problems and solutions using other nonimmigrant work categories as an EB-5 alternative

Tuesday, May 24 is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see:
Fax form:

Headline:Obama Administration Seeks Balance Between Labor and Immigration Law Enforcement
Headline:Immigration Court Backlog Likely to Get Worse Before It Gets Better
Headline:Foreign Worker Slots Remaining for FY 2012
Headline:To stem undocumented immigration, cut labor demand in U.S.
Headline:Gingrich soldiers on, suggests immigration plan: "some undocumented immigrants may earned the right to become legal"
Headline:Cracked Immigration scheme: ranging from computer equipment to forged passports
Headline:Arizona plans fence to stop immigration from Mexico - if Americans will pay for it
Headline:GA: Immigration crackdown worries Vidalia onion county
Headline:RT @ImmigrantAP Michigan Gov. Rick Snyder rejects Arizona style immigration law.
Headline:RT @progressivepush Gov. Snyder says Michigan doesn't need Arizona-style immigration law
Headline:RT @Crece el apoyo al "DreamAct" en Illinois
Headline:RT @luzchavezb DREAMAct Supporters Tell Obama To Quit Campaigning On DREAMAct
Headline:RT @ELSanPatricio Michael Hogan speaks out on immigration reform and DreamAct children
Headline:Don't be left out Get listed! Sign up for ILW.COM Attorney Yellow Pages at
Headline:Tax Compliance for Immigrants and Employers: The #Lawyer's Complete Guide. Don't wait! Get your copy today

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Help Wanted: Immigration Attorney
Downtown Washington, DC - Cutting-edge downtown Washington, DC boutique firm seeks a business immigration attorney. Must possess extensive experience with E, L, H-1B, O and EB-1, EB-2 and EB-3. Experience with EB-5 and H-2B a plus. Great national/international clients. No billable hours. Competitive salary and benefits. Warm collegial working environment. Client contact. Growth potential. Must possess excellent writing and client relationship skills. Spanish and/or Chinese language a plus. E-mail resume and references to

Help Wanted: Immigration Attorney
Atlanta, GA - Kuck Immigration Partners LLC, a fast-paced immigration law firm in Atlanta, GA, seeks an experienced Immigration Associate Attorney with approximately 2 years of experience in business immigration and immigration-related litigation. Must be fluent in Spanish. Must be an exceptional writer and motivated to do what it takes to get the job done. Send resume to

Help Wanted: Immigration Attorney
Cambridge, MA - Flynn & Clark, PC seeks an immigration associate with 3-5 years of employment-based nonimmigrant and immigrant experience, including H, L, O, and E visas and labor certification, EB-1, and national interest waiver experience. Individual must have excellent writing skills, demonstrated ability to work with paralegals and to manage caseload independently, and excellent client development and management skills. Experience with Immigration Tracker a plus. Position offers collegial working environment; convenient location to public transportation; senior attorneys willing to mentor; opportunity for participation in client development, firm management, and legal presentations; competitive salary and benefits including a matching 401(k), medical/dental, and short-term/long-term disability; and firm-sponsored continuing legal education opportunities. Please send resume and cover letter to V. Lau at No phone calls please.

Help Wanted: Immigration Attorney
Cleveland, OH - Margaret W. Wong & Associates Co., LPA seeks to hire an immigration attorney immediately. Candidate must be an excellent researcher, communicater, and writer. Must have graduated in the top 10 percent of class. Excellent advancement opportunities offered. Send resume and cover letter to: All resumes will be treated in confidence.

Help Wanted: Immigration Professional
Raleigh, NC - Ogletree Deakins, a prestigious national immigration practice, seeks a Support Specialist to work with vibrant, high volume national business immigration practice. Working with the firm's immigration team and the Client Services group, the candidate will develop and update substantive immigration practice group materials including: drafting and updating practice group brochures, research and writing articles for monthly newsletters, revising practice group descriptions, and regularly updating substantive website information content. Candidate will also work directly with immigration attorneys to assist with formulating and preparing responses to Request for Proposals for immigration services. Candidate will organize and prepare materials for local immigration seminars and speaking engagements. Must possess a Bachelor's degree with concentration in marketing, business, or closely related degree, or a JD. Minimum of 3 years experience in business immigration client services support role or prior experience practicing business immigration. Must be computer literate with word processing and electronic mail skills. Excellent spelling, grammar, punctuation and proofreading skills required. Send resume and cover letter to

Outsourcing Services For Attorneys
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Immigration Law Certificate
Classes offered both online and in-person. 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. For more information on class schedules, tuition and fees, course applications and to register, see here.

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ComingsNGoings: Immigration Reading
The Fence: National Security, Public Safety, and Illegal Immigration along the U.S.- Mexico Border - By Robert Lee Maril - Texas Tech University Press, 384 pp. - Hardcover, ISBN: 0896726800, $19.77 -

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Publisher:  Sam Udani    ISSN:   1930-062X
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