ILW.COM - the immigration portal Immigration Daily

Immigration Daily June 26, 2012
Previous Issues
The unmatched news resource for legal professionals. Free! Join 35,000+ readers

Comment: Grassley Makes Deal With Schumer - In news potentially bigger in impact than Mr. Obama's momentous announcement of Deferred Action for DREAMers, Sen. Grassley, Republican of Iowa (Ranking Member of the Judiciary committee), has after many years of holding up employment immigration matters in the Senate, finally made a deal with Sen. Schumer, Democrat of New York (Chairman of the Immigration Sub-committee). The compromise mandates periodic DOL audits for H1B-dependent employers with over 100 employees, and gives DOL sweeping new powers over all employers in H1B matters. In return, the per-country limits are swept-aside, with immediate positive benefits to Indian and Chinese nationals waiting for employment immigration quotas for many years. For the original amendment by Mr. Grassley, which had many provisions affecting L visas, which have been dropped from the compromise, see here. For the compromise language on H visas see here (this document, for AILA members only, is an amendment to the amendment, so it has the proposed sweeping DOL powers, but not the per-country cap elimination language).

The political significance of this compromise is considerable: Mr. Grassley and Mr. Schumer have often led their parties on immigration matters in the Senate, especially in this, the 112th Congress. Unsurprisingly, they have always disagreed, part and parcel of the grid-lock that has stymied action on immigration for several Congresses now. And that is why this compromise is significant. We believe this compromise presages many more to come, in this Congress and the next, especially on employment-immigration matters. Bits and pieces of CIR will likely come into effect, partly through the executive branch and partly through the legislative branch. Given the compromise between these antagonists, it would be a fair guess that votes exist on the Senate floor for passage, perhaps even expeditiously by unanimous consent. However, even should the Senate adopt H.R. 3012, the underlying bill, together with the compromise amendment by voice vote, it will have to return to the House, where the votes for passage are likely good.
The moving force behind the underlying bill, is a group of those affected by the enormous backlogs - a group of primarily Indian beneficiaries, Immigration Voice (this was the group that was the prime mover behind Visagate of several summers ago, when all Employment-based categories were temporarily made "current"). In their email broadcast to the world this morning advocating for H.R. 3012, as amended by the compromise, Immigration Voice attacks the immigration bar:

Unfortunately, some immigration lawyers and their advocacy groups in DC are against this amendment. We believe that this fringe group has always advocated a system where immigrants are taken advantage of. Immigration Lawyers have chosen to be on the wrong side of history. They want to protect companies that are abusing the system. This set of Immigration lawyers want to side with companies that are under-cutting US workers and committing fraud. It's time for us to standup to speak for ourselves and tell everyone that immigration lawyers don't represent immigrants. When it comes to advocacy, immigration lawyers and their groups only represent their own special interest to design the system to keep more people in limbo for longer so that they can pocket more money through renewals and extension of applications for visas and work-permits while immigrants wait forever in their green card process. A large percentage of these immigration lawyers have a vested interest in keeping the immigration process slow and confusing. They will oppose streamlining or simplifying the process that would help employers and employees. Housing market is not about realtors; housing market is about living the American Dream and home ownership. Likewise, the purpose of immigration system is not to help immigration lawyers line their pockets with more cash. Immigration system is about America, US Employers and immigrants. It's time for us to raise our voice and say it loud, that immigration lawyers or their group doesn't represent Immigrants.

We don't know what the Immigration Voice folks have been smoking, but whatever it is, it must be rather strong. H. R. 3012, as amended, would lead to increased business for the immigration bar, since the companies that DOL would target would need the assistance of the bar in complying with DOL's new requirements under DOL's new sweeping powers, so the bar cannot reasonably be viewed as having a self-serving reason were it to oppose this bill. However, to the extent that AILA has gradually morphed from being a member association into a publishing powerhouse (2/3rd of AILA's revenues come from publishing activities, not member dues), AILA has naturally distanced itself from immigrants, evidenced by the sentiment in the statement from Immigration Voice above.

To the best of our understanding, the immigration bar is divided in its view on H.R. 3012 together with the Grassley compromise. There is a faction supporting the bill since the bill would eliminate per-country quotas, the last remaining vestige of the racism of the National Origin quotas. There is another faction opposing the bill since granting DOL sweeping powers in immigration has never proven good, historically. In contrast to this disagreement, Immigration Daily emphasizes the political significance of the Grassley-Schumer compromise, in the belief that many immigration benefits locked up for years in grid-lock will now begin to flow. Stay tuned to Immigration Daily for the latest on Capitol Hill immigration action.

Please let us know your thoughts by writing to us at

Article: Construction Jobs Count in EB-5 Projects: Can we Count the Jobs with Confidence? by Mona Shah, Esq. and Yi Song, Esq.

Article: Dreaming In Arizona: Can Prosecturial Discretion Co-Exist With Show Me Your Papers? by Gary Endelman and Cyrus D. Mehta

Article: On Deferred Action by Merrill J. Clark, Esq.

Bloggings: Our Guide to Arizona v. United States by Greg Siskind

Bloggings: EB-2 For The Physical Therapist by Chris Musillo

Bloggings: The Supremes Let Only One Of Arizona's Destructive Winds Of Hate Out Of Their Underground Prison; They Keep The Others Locked Up. Will One Wind Be Enough To throw America's Immigration Ship Off Course? by Roger Algase

News: SDOS Issues Cable With Guidance On B-1 In Lieu Of H1-B And H3 Visas

Focus: The EB-5 Book
We are pleased to announce a new comprehensive book on EB5 matters. Editors: Paul Ruby and Phil Cohen. Articles by Laura Danielson, Robert Gaffney, Jennifer Hermansky, David Hirson, Jose LaTour, Dan Lundy, Brandon Meyer, Elizabeth Peng, John Roth and more to be announced.
The outline is as follows:

I. For Attorneys

  • For the Immigration practitioner representing employment-creating investors
  • Legal Ethics
  • Securities Law
  • Tax Law
II. For Regional Centers and Foreign Investors
  • Program Overview
  • Key Logistical Issues
  • Groundwork Before Getting Started
  • Building Your I-924 Submission Package
  • Positioning and Marketing to Foreign Investors
  • Financial Overview
  • The Direct/Individual EB-5 Option
  • Keeping Up to Date
III. Resource Materials
  • Comprehensive Resource Materials

For more info and to order, please see: For info/ordering by fax, please see:

Headline: Arizona Immigration Law: Local Police Face Questions After SB 1070 Court Ruling
Headline: Arizona Immigration Law Ruling May Mean Boon For Private Prison Business
Headline: Arizona Democrats see today's immigration decision as big victory
Headline: Obama administration will enforce its priorities, not Arizona's
Headline: States face uphill climb on immigration enforcement after court ruling, DHS shift
Headline: AILA American Immigration Lawyers Association reacts to SCOTUS ruling
Headline: What arizona Brewer from sb1070 said today even though most of the law got struck down.
Headline: Fueled by immigration, Asians are fastest-growing U.S. group
Headline: Supreme Court strikes down key parts of Arizona immigration law
Headline: Decision Day - U.S. v. Arizona To submit an article or a news item to Immigration Daily, write to Follow ILW.COM on Twitter.

Help Wanted: Immigration Attorneys
Toronto, Canada - Greenberg Turner, a Canadian Corporate Immigration law firm, is seeking an immigration attorney with global file management experience. An ideal candidate must demonstrate complex problem-solving capabilities, attention to details, superior communication skills, and be comfortable managing a reasonable caseload in a fast-paced and collegial team. Fluency in multiple languages is an asset. Please submit your resume via email to or by fax to 416-943-0289

Case Management Technology
Leading immigration case management and compliance solutions from INSZoom. INSZoom delivers an immediate return on investment by giving immigration professionals the ability to automate immigration case management and compliance. Use INSZoom to establish systematic ways to improve your firm's effectiveness in managing client cases, from initiation to compliance and beyond. Access 800+ immigration forms, all updated automatically within 24 hours of release. e-File all major USCIS forms from any location. Use client relationship and practice management portals to give clients and stakeholders access to parts of the case process. Access powerful group calendaring and alert tools, email and note management, billing and invoicing modules and much more. See why law firms of all sizes have chosen INSZoom as their technology partner for nearly 12 years at Call (925) 244-0600 or email to schedule your free online demonstration. Watch for INSZoom representatives at events across the US & online webinars. Learn more about our 2012 events at

To place a classifieds ad in Immigration Daily, see here

Letters of the Week: R. Yang, Joe Whalen(2), Margot Champagne, Kalpna, Icdg, Don Crocetti, Nolan

ComingsNGoings: Immigration Event
Webinar - June 28, 2012 - 11.00 AM EST - USCIS is pleased to invite all interested individuals to participate in "E-Verify for Existing Users" webinar. Participants will get a general overview of the E-Verify Program specifically for existing users. Topics include Form I-9, user roles, case alerts, how to handle a TNC, and common user mistakes. For more information about how to participate, please visit and click on Take a Free Webinar.

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