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Immigration Daily March 19, 2012
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Comment: A Tale Of Two Memos - On March 12, 2012, USCIS issued a revised Q&A on Employee-Employer relationship in H-1B petitions. The publication of this revised guidance overwrote the file on the USCIS website containing the earlier guidance USCIS had issued on August 2, 2011, either intentionally or by mistake. We retrieved the August 2, 2011 version of the memo from Google Cache so that immigration professionals could compare the two memos side by side so that they could see the changes in the guidance for themselves. You can see the August 2, 2011 memo here and the March 12, 2012 memo here

In the article below, Gary Endelman and Cyrus Mehta point out that the key changes are in answers to Question 5 and Question 13, and provide an analysis of the changes in guidance between the two memos. Please let us know your thoughts on employee-employer relationship and the latest guidance on it from USCIS by writing to us at

Article: Will The Revised USCIS Q&A On Establishing The Employer-Employee Relationship In H-1B Petitions Save Staffing Companies? by Gary Endelman and Cyrus D. Mehta

Article: It's Hard to Get Someone With Tunnel-Vision to See the Big Picture by Joseph P. Whalen

Bloggings: Immigrant Doctors a Lifeline for Rural Communities by Greg Siskind

Bloggings: NY State Bar Protects Incompetent Lawyers, Not Immigrant Victims by Jason Dzubow

Bloggings: Pondering the Definition of Moral Turpitude by Danielle Beach-Oswald and Karen Smith

News: CRS Report On Visa Waiver Program

News: USCIS Guidance On Employee-Employer Relationship in H-1B Petitions Dated August 2, 2011

Focus: PERM For Experts
Tuesday, March 20 is the deadline to sign up for the Thursday, March 22 phone session of "PERM For Experts" with Joel Stewart, Nathan Waxman, and other speakers to be announced. The curriculum is as follows:

PERM for Experts will synchronize changes in the Regulations, FAQs, Stakeholder Meetings, Memos, and BALCA decisions to bring an up-to-date of difficult issues in PERM processing.

FIRST Phone Session on March 22: Substitutions and Modifications

  • Important Definitions
  • Attorneys, Agents and Preparers of Forms
  • Illegal payment of Fees and Costs
  • Schedule A: Physical Therapists, Professional Nurses, and Aliens of Exception Ability in the Sciences or Arts or in the Performing Arts.
  • Second and Third Preference Issues
  • Prevailing Wage & Scope of Validity
  • Alien Ownership or Family Relationships

SECOND Phone Session on April 12: PERM Update 212 - Form 9089 Preparation, DOL Standards Notice, and Recruitment

  • Special Problems with Form 9089
  • Notice of Filing
  • Professional v. Non-Professional
  • SVP, SOC and O*Net
  • Advertisements and Other Recruitment Efforts
  • Special Problems with SWA's
  • Recruitment: Resumes, interviews and Contacts with US Workers

THIRD Phone Session on May 3: PERM Update 212: Post Filing Issues

  • Calculating Time Periods
  • Audits and Requests for Documentation
  • Reconsideration : Government or Regular Queue
  • Supervised Recruitment
  • Preparing Requests for Review to BALCA
  • BALCA en banc and Leading Panel Decisions
  • Administrative Appeal v. Filing under the APA in District Court

Tuesday, March 20 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: Video Mitt Romneys Immigration Hypocrisy another hypocrisy by Mitt, do we really want...
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Headline: DHS Border Patrol Arrest Statistics Underestimate Undocumented Immigration
Headline: Arizona immigration hard guy ponders another run for office
Headline: Immigrant youth, adults gather for National Coming Out of The Shadows day
Headline: Immigrant Love Story: Separated Couple Awaits Immigration Law Change
Headline: Don't be left out...Get listed! Sign up for ILW.COM Attorney Yellow Pages at
Headline: Mar 15 - EB-5 Sunset
Headline: URGENT! Take Action for @NYDreamact -Call 866-452-1134 to urge Gov Cuomo to support education for immigrants
Headline: Immigration debate: Both sides use Bible
Headline: Whole ACT-INA, 20/22/28 CFR & Citations: the most respected reference immigration materials by PJ Patel available at

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Help Wanted: Immigration Attorney
New York, NY - Mid-size firm located in downtown Manhattan is seeking an experienced immigration attorney. The ideal candidate must be able to work independently, and handle PERM cases, H-1B & other NIVs, and have 1+ years of experience. Send your cover letter and resume at

Help Wanted: Immigration Attorney
New York, NY - The Law Offices of Merrill R. Cohen & Associates, PC is seeking an immigration attorney to handle own caseload of complex business immigration matters, including EB-1, EB-2, PERM, O-1, E-1, E-2, E-3, H-1B, L-1A and L-1B petitions and similar. Our new associate can expect to have significant responsibility for cases and enjoy much client contact. The ideal candidate is a self-starter with excellent organization, writing and interpersonal skills and has 3+years of relevant experience. Salary D.O.E. Part-time possible. Please email CV and writing sample to

Help Wanted: Immigration Paralegals
Boston, MA - Seyfarth Shaw LLP is seeking junior and senior level immigration paralegals. These positions will participate in all aspects of the firm's national Business Immigration and Global Mobility practice, including assisting in the management of client relationships, case review and analysis, preparing and filing employment-based nonimmigrant and immigrant petitions, including PERM processing, and serving as a primary contact to numerous prominent clients. Our clients include Fortune 500 corporations, major academic and medical institutions, and performing artists. The ideal candidates must be able to successfully multi-task, in a fast-paced, deadline driven enviroment, to communicate effectively in writing and verbally, to use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems, to manage one's own time of others. Junior level applicants must posses a Bachelor's degree and a strong desire to learn the fundamentals of immigration law (in practice and theory). Senior level applicants must posses a Bachelor's degree and 4+ years of progressively responsible business immigration experience. Salary is commensurate with experience. Please send resumes to

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

To place a classifieds ad in Immigration Daily, see here

Letters of the Week: Peter Allen

ComingsNGoings: Immigration Event
April 24, Washington, DC - The USCIS Asylum Division is pleased to host their quarterly stakeholder meeting on Tuesday, April 24, 2012 at 2:00 pm. The purpose of this engagement is for individual participants to ask questions and raise issues regarding asylum operations. If you wish to attend, please respond to

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 1995-2012 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, Margaret Wong