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Immigration Daily February 29, 2012
Previous Issues
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Comment: Who Owns Jobs - Who owns jobs? Do employers own jobs or employees own jobs? This is an age old question, the answer to which has shaped the nature of employment laws. Immigration laws governing employment are no exception. Our immigration laws are based on the view that employees own their jobs. They attempt to protect the jobs "belonging to American workers" by putting various restrictions on employers' ability to hire foreigners in America.

In 1800, it was almost impossible for someone in the Philippines to know of a job opportunity in Georgia, let alone be able to travel to Georgia to work there. Conversely, the Georgia employer did not know about the existence of a potential employee in the Philippines, and lacked the ability to set up shop in that country. With the age of jet engine travel and transmission of information through the internet, mobility of employees and employers has dramatically increased making employment a global marketplace. Employers operate in an increasingly intense competitive landscape, where being able to tap the entire global talent pool in a rapid and flexible manner to drive creation of new products and services, is now a matter of mere survival. It is not surprising that Intel is adding jobs at a fast pace in Malaysia, Microsoft in India, and Google in a variety of countries.

In attempting to protect existing jobs "belonging to American workers", our immigration laws are pushing job creation by our most dynamic companies out of America - resulting in the exact opposite of their intended effect. Further, the global economy is in the midst of a radical transformation where many older kinds of jobs are dying out, and many new kinds of jobs are being created. Many of the jobs in America that the laws are attempting to protect may not exist a decade from now, and many of the new jobs that will be created during the decade will not be in America thanks to the immigration laws. Please let us know your thoughts about this or any other issue by writing to us at

Article: Chart: Eligibility for Waiver in Removal Proceedings Under the Former INA 212(c), Pursuant to Judulang v. Holder by Katherine Brady for the Immigrant Legal Resource Center

Article: Top Ten Tips For Improving your Law Firm's Website by Larry Bodine

Bloggings: Romney squeaks by in Michigan: one step closer to doomsday for immigration as we know it? by Roger Algase

Bloggings:Grassley Blocking Startup Visa in Senate by Greg Siskind

News: ICE Publishes 2011 Detention Standards

Focus:The Nurse Immigration Book
The table of contents of this definitive work edited by Joseph Curran and Daniel Berger is as follows:

I. FOREWORD: Why A Nurse Immigration Book? By William Stock

II. PREPARING AN IMMIGRATION CASE: H-1 Visas For Nurses By Greg Siskind and Esther Fridman; TN Status For Nurses By Christopher Wendt; Practice Pointers for Presenting TN Applications By Leslie Holman; An Outline Of A Typical Nurse Case, Including Consular Processing By Joseph Curran; Adjustment Of Status For Professional Nurses By Sylvia Boecker; Building International Bridges By Commission On Graduates Of Foreign Nursing Schools (CGFNS International); Tips For Staffing Companies In Planning Their Posting Strategies By Ronald Nair; Licensure: US State Licenses For International Nurses By Patrick Curran; Immigration Basics For Allied Professional Healthcare Workers By Christopher Musillo; Managing Or Achieving Expectations: The Key To Success By Michael Hammond.

III. UNDERSTANDING THE NURSING CRISIS: Global Issues In Nurse Recruitment By Joseph Curran; The Nurse Shortage: Why It Matters By Carl Shusterman; Deadly Consequences: The Hidden Impact Of America?s Nursing Shortage By Stuart Anderson; Aiding And Abetting - Nursing Crises At Home And Abroad By Sreekanth Chagaturu and Snigdha Vallabhaneni; US Visa Policy Competition For International Scholars, Scientists And Skilled Workers By Phyllis Farrell Norman; Better Late Than Never: Workforce Supply Implications Of Later Entry Into Nursing By David Auerbach, Peter Buerhaus and Douglas Staiger

IV. RECRUITING AND RETAINING NURSES: The Business Of Nurse Immigration By Mireille Kingma; Recruitment Of Workers In The Philippines: Playing Ball With The POEA By Ronald Nair; Successful International Nurse Recruiting By C. Philip Slaton; Nurse Assimilation By Yvette Mooney; Hospitals' Responses To Nurse Staffing Shortages By Jessica May, Gloria Bazzoli and Anneliese Gerland; Nurse Perspectives Of The Migration Experience By Mariah Rutherford-Olds

V. AFTERWORD: Musings After 2 Decades In Nurse Immigration By James David Acoba

VI. ESSENTIAL REFERENCE MATERIAL: Includes relevant sections of INA, CFR, OI, AFM, FAM and critical USCIS & DoL Memoranda.
For more info, and to order, please see here. For the fax order form, see here.

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Help Wanted: Immigration Professionals
Boston, New Jersey, New York - Fragomen Del Rey Bernsen & Loewy LLP is seeking various levels of business immigration professionals with management and business immigration experience who will be responsible for managing the firm's global content, knowledge management (KM) systems and client-facing solutions. Responsibilities include partnering with the firm's leadership to manage our global content, be responsible for the continuous expansion of the firm's overall knowledge base, developing and implementing KM strategies, designing and launching innovative new clients solutions, conducting needs analyses and developing training programs for staff and clients, and coordinating with IT for new enhancement. The ideal candidate will have 4+ years of knowledge management/business immigration experience and is intelligent self-starter with excellent written and oral communication skills, familiar with KM concepts, technology solutions, informal architecture, possess research skills and project management experience, excellent presentation and intercultural communication skills. U.S. JD is strongly preferred for team leader roles. To apply for a GK position domestically, please click here. We are always looking for talented candidates to fill a wide array of roles in our various global offices. To create your own profile, upload application materials and express an interest in other practice areas and locations, you can send us your resume through our Careers web page.

Help Wanted: Immigration Paralegal
Washington, DC - Immigration Practice Group is seeking immigration paralegal to provide support in preparing and filing of petitions and applications with federal government agencies. Responsibilities include, but are not limited to, preparing and drafting routine correspondence and memoranda, researching immigration law and procedures and case management, gathering information from clients, preparing draft filings to relevant federal and state agencies, entering case information into web-based case management system, tracking the status of filings and inform the client of any follow up that may be necessary, training support staff on immigration practice and procedures. An ideal candidate will have 2+ years of immigration paralegal experience preparing non-immigrant (e.g., H-1B, L-1, E-2, O-1) and immigrant (PERM and EB-1) filings, excellent attention to detail and strong organizational and communication (oral and written) skills, ability to work efficiently in a fast-paced environment with an emphasis on ability to work with a team, strong skills in working on multiple projects, flexibility for overtime and willingness to travel. BS/BA degree required. Paralegal Certificate a plus. Some lifting required up to 20 lbs. Hours - 9:00 am to 5:30 pm Monday through Friday, with overtime as required. EEO M/F/V/D. Submit your resume and cover letter to

Case Management Technology
Use technology to leverage your immigration practice with INSZoom's powerful immigration case management products, which include 800+ forms updated within 24 hours of release with no patches or required downloads. This online tool - accessible from anywhere and anytime - provides e-filing of 20+ essential forms and gives you access to client relationship management and practice management tools, group calendaring, emails, notes, reports, billing and invoicing modules, automatic email alerts and reminders, document storage and assembly, and many other immigration management tools. The online library of customizable questionnaires, letters & email templates, ability for clients to check case status online. Compliancy modules: I9, LCA, AR 11, PERM, optional services: credit card processing, Outlook & QuickBooks integration. An ISO 27001:2005 and 9001:2008 certified company, INSZoom has been providing leading edge technology solutions for all sizes, from solo practitioners to large immigration law firms worldwide, corporations, universities and non-profit organizations since 1999. The world's largest immigration software company, INSZoom delivers robust and flexible solutions customized to your practice's needs. Schedule a complimentary online demonstration by calling (925) 244-0600 or emailing Learn more about why INSZoom has a 99% customer retention rate at

To place a classifieds ad in Immigration Daily, see here

Letters of the Week: Honza Prchal, Nina Mold, Alden Greene

ComingsNGoings: Merger And Acquisition
Fragomen is pleased to announce that a group of internationally renowned immigration lawyers of the Atlanta and Washington, D.C. offices of Berry, Appleman & Leiden will join Fragomen. In Atlanta, lawyers including Daryl Buffenstein, Deborah Marlowe and Kyle Sherman are joining the firm and will lead the opening of Fragomen's Atlanta office. In DC, BAL's Government Relations and Compliance practice group, led by lawyer Bo Cooper, will join forces with Fragomen's D.C. office

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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 1995-2012 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    ISSN:   1930-062X
Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Greg Siskind, Joel Stewart

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