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Immigration Daily March 29, 2012
Previous Issues
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Comment: Supremes On Fleuti - Yesterday, the Supreme Court declined to allow for the retroactive application of a federal law that permits the government to remove Green Card holders with some types or classes of criminal convictions if they leave the United States. Years ago, the white collar crime of which the petitioner was convicted was not cause for deportation; people in the petitioner's shoes could travel abroad for brief periods without jeopardizing their legal status. Two years after his conviction, a change in the law meant Green Card holders convicted of crimes involving moral turpitude, like the petitioner, would be in greater jeopardy of being deported and the law allowed for the denial of re-entry to lawful permanent residents who had such convictions and traveled abroad, even if briefly. Yesterday, the Supreme Court held that the law should not be retroactively applied to people like the petitioner. "Guided by the deeply rooted presumption against retroactive legislation, we hold that 1101(a)(13)(C)(v) does not apply to Vartelas' conviction," wrote Ruth Bader Ginsburg in the majority opinion, "The impact of Vartelas' brief travel abroad on his per-manent resident status is therefore determined not by IIRIRA, but by the legal regime in force at the time of his conviction." The Fleuti Doctrine is not retroactively removed by IIRIRA. Scroll to see the case below.

Article: Consular Corner: March 2012 by Liam Schwartz

Article: Two Companies Ordered to Pay Penalties for Missing I-9s by John Fay

Article: Discrediting "Self Deportation" As Immigration Policy By Michele Waslin for the Immigration Policy Center

Bloggings: Guest Post: Immigration-Reform Duplicity: The Obama Administration's New Temporary Worker Rules by Leon Sequeira

Bloggings: House Hearing Doubles Down on GOP Anti-Immigration Message by Greg Siskind

Bloggings: In the Presidential Election the Lesser of Two Evils is Still Evil by Matthew Kolken

Bloggings: New Handbook on Best Asylum Practices in the US and UK by Jason Dzubow

Bloggings: What does President Obama's position on health care reform have to do with immigration? Perhaps more than meets the eye. By Roger Algase

News: Vartelas V. Holder (Supreme Court, March 28, 2012)

News: DOL Releases FAQs On H-1B, H-1B1 And E-3 Programs

News:DOS Publishes Notice On Schedule Of Fees For Consular Services

News: DHS Publishes Notice On Syrian TPS

News: DOJ Settles Document Abuse Claim Against Ross Stores

News: DOJ Resolves Allegations Of Discrimination With Onward Healthcare

Focus: The Physician Immigration Book - Shipping Now
ILW.COM is pleased to announce The Physician Immigration Book edited by Robert Aronson. Contributors are: Mary Amundson, Robert Aronson, Lisa Atkins, Therese Bart, Janice Bianco, Ingrid Brey, Brian Bruner, Elise Bruner, Jacqueline Bucar, Lisa Claypool, Kristi Crawford, Karen Dean, Alex Dgebuadze, Robert Divine, Goldie Domingue, Maria Fritzinger Elias, Eleanor Fitzpatrick, Roberta Freedman, Kristen Harris, Wendy Hess, Dayna Kelly, Khorzad Mehta, Jennifer Minear, Bruce Morrison, George Newman, Elizabeth Neuwirth, Ana Pottratz Acosta, Karen Pollins, Jennell Prentice, Elizabeth Quinn, Michelle Scimecca, Suzanne Seltzer, Carl Shusterman, Greg Siskind, Rita Sostrin, Tim Skinner, Sarah Peterson Strensrud, Margaret Stock, Hamel Vyas, Tracy Wallowicz, David Ware, Nathan Waxman, Andrew Wizner and Robert Whitehill
The book outline is as follows:

  • Healthigration: Immigration Meets Healthcare Reform by Robert Aronson
  • U.S. Physician Workforce Policy And The Role Of International Medical Graduates: Modest Proposals For A New Era by Kristen Harris
  • Immigration Attorneys And In-House Recruiters: The Essential Connection by Tim Skinner and Jennell Prentice
  • Rural Healthcare & Conrad 30 J-1 Waivers by Mary Amundson, and Therese Bart
  • The Evolution Of The J-1 Exchange Visitor Program And The Foreign Residence Obligation: How They Developed To Control Employment In Graduate Medical Education By International Medical Graduates by Ingrid K. Brey
  • ECFMG Role in Administering the J-1 Physician Program by Eleanor Fitzpatrick & Tracy Wallowicz
  • J-1 Clinical Training For Physicians: Institutional Consideration & Concepts by Lisa E. Claypool and Hamel Vyas
  • International Medical Graduates And The J-1 Exchange Visitor Program: Institutional Roles And Responsibilities by Janice Bianco
  • Physician Intake And Issue Spotting by Robert S. Whitehill
  • 50 Ways To 30 Waivers: The Conrad State 30 Program by Suzanne Seltzer
  • Fundamentals And Relevance Of Underserved Designations by Robert D. Aronson
  • Interested Government Agency (IGA) Clinical Waiver Programs by Goldie C. Domingue
  • The New Veterans Health Administration - Again? by Michelle M. Eaton Scimecca
  • J-1 Waivers Through the U.S. Department Of Health And Human Services (HHS) - Promoting Excellence And Impact In Biomedical Research by Elizabeth Quinn
  • Brief Overview Of Physician's Use Of H-1B Visa Category by George S. Newman
  • H-1B Visas For Physicians-In-Training: A Marathon Or An Obstacle Course? by Alexander Dgebuadze and Rita Sostrin
  • Tracking The Intractable: H-1B Fulfillment Issues For International Medical Graduates by Khorzad Mehta
  • A Look At Selected Cutting Edge Issues For H1-B International Medical Graduates by Andrew L. Wizner
  • CSpouses Should Derive More H-1B Time Along With The Green Card Process by Robert Divine
  • Who Calls The Shots: The Corporate Practice Of Medicine And Defining The Employer In H-1B Physician Cases by Jacqueline D. Bucar and Elizabeth M. Neuwirth
  • Alternative Non-Immigrant Visa Options For International Medical Graduates by Roberta Freedman and Lisa Atkins
  • Canadian Physicians - Separate And Unequal by Carl Shusterman
  • Threading The Needle: Counseling The International Medical Graduate On Options For Lawful Permanent Residence by Jennifer A. Minear
  • Traversing The Permanent Residence Landscape For International Medical Graduates: A Comparative Analysis by Brian T. Bruner
  • Take One Aspirin And A Zantac Before Proceeding: The Alien Labor Certification Process For Physicians by Wendy Castor Hess, Karen M. Pollins and Maria P. Fritzinger Elias
  • "Establishing Business Necessity In Physician Labor Certification: Is It Ever A Necessity? by Dayna Kelly
  • "The Special Handling Labor Certification In The Context Of Medical Schools by David Ware
  • Obtaining The NIW Attestation Letter Of Support: Practical Guidance And Considerations by Elise Bruner
  • Searching For The Five-Year Cure: Eligibility Issues Following Completion Of The Employment Obligation In NIW Cases by Robert Aronson and Ana Pottratz Acosta
  • Twelve Years After: Six Post - NYSDOT Physician NIWs: 2010 Update by Nathan Waxman and Karen L. Dean
  • Military Service As An Option For Foreign Health Care Professionals by Margaret D. Stock
  • The Legacy Of Kutty: Does Kutty Change Who Is Responsible For Paying H-1B Attorney Fees? by Sarah Peterson Stensrud
  • The Legislative Horizon For Physician Immigration by Greg Siskind
  • A Simpler Future For FMGs - The MD Visa by Bruce A. Morrison
For more info on The Physician Immigration Book and to order:
By Fax:

Headline: College ban struck from immigration bill in House
Headline: The Phyisician Immigration Book - The Physician Immigration Book is coming soon. Until then, order your copy today
Headline: Governor Phil Bryant still pushing Mississippi immigration-enforcement bill: Mississippi Gov. Phil...
Headline: Seattle joins effort to fight Arizona immigration law
Headline: Union Chief Says New U.S. Rules for Immigration Detention Are Flawed
Headline: H1-B visa fee hiked, applications open April 2, says US immigration agency
Headline: Commentary: In battle against Bank of America, undocumented immigrant loses.
Headline: Immigration reform attempts hurt ag industry, executive says.
Headline: Audio: I'm dreaming for so long - a song by Bruna, an undocumented songwriter
Headline: Mar 28 - Fictitious Problems Fictitious Solutions
Headline: Groups oppose Mississippi immigration bill.
Headline: Business Immigration Law - Business Immigration Law Strategies for Employing Foreign Nationals guide. get it now!
Headline: Undocumented Immigration Law Targeting Renters Costs Texas Town $5 Million

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Help Wanted: Miscellaneous
New York, NY - Alpina Digital is seeking an on-site graphic artist for design, DTP, and prepress. The skills required for this position include working knowledge of graphic designing software in a MAC environment. The artist is required to have skills and abilities in the following areas: Quark 8, Adobe CS 5.0 Photoshop, Illustrator, In Design, desk-top publishing, knowledge of prepress imposition of print form, strong attention to detail, excellent organization skills, and must be able to multi-task. Alpina Digital is primarily an on-demand digital quick print company offering full service digital copy, design, print & mailing communications. The graphic designer is paid bi-weekly plus benefits. Interested applicants should send a brief cover letter and resume to

Help Wanted: Immigration Attorney
New York, NY - NYC midtown boutique immigration law firm is seeking an Associate with 3+ years of experience in business immigration including full range of NIV, IV, PERM cases (as well as some family-based and related immigration matters). The ideal candidate has excellent writing, analytical, communication and case management skills to handle a large, diverse case load in a fast-paced firm. Email resume and cover letter to Marcia N. Needleman at .

Help Wanted: Immigration Attorney
New York, NY - Well-reputed, 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

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Letters of the Week: R. Yang, Don Miller (2), Honza Prchal

ComingsNGoings: Immigration Event
March 29,Teleconference - Secretary Napolitano announced that Temporary Protected Status (TPS) will be extended to eligible Syrian nationals as of March 29, 2012. Please join USCIS officials in a discussion about TPS and other relief measures available to Syrian nationals in the United States on Thursday, March 29 from 4:00-5:00 pm (Eastern). If you plan to join the teleconference, please email at

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Publisher:  Sam Udani    ISSN:   1930-062X
Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Greg Siskind, Joel Stewart, Margaret Wong