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Immigration Daily February 26, 2008
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Egg On Face In Michigan

Michigan enacted legislation on February 15, 2008 purporting to fix the snafu concerning the denial of driver's licenses to legal temporary non-immigrants. On the matter, a Traverse City Record-Eagle op-ed says, "But in the latest episode of "the government that couldn't shoot straight," Michigan's two highest-ranking Republican officials dealt the state a temporary blow which may prove a lasting setback to attracting jobs and foreign investment to Michigan." For the full editorial, see here. To the best of our knowledge, this is the first time that legal non-immigrants were denied as a matter of law, however temporarily, the privilege to obtain a driver's license in any state. Michigan's mistake is one that no other state should emulate.

We welcome readers to share their opinion and ideas with us by writing to


Deadline Is Tuesday, Feb 26th For Investors And Entrepreneurs: Immigration Options

ILW.COM is pleased to announce "Investors And Entrepreneurs: Immigration Options", with Lincoln Stone And Other Speakers To Be Announced. The curriculum for the 3-part phone seminar series is as follows:

FIRST Phone Session on February 28th: Solutions for Small Business

  • Overview of NIV Categories: L-1, E-2, E-1, H-1B and O
  • Recurring Problems with NIVs for Small Business: "Substantial" Investment, "At Risk", When is E-1 Preferred?, E and L Extensions and Consular Practice
  • Strategies for Transition to Permanent Residence: EB-1C, National Interest Waivers, Labor Certification and Anticipating EB-5 issues
SECOND Phone Session on March 29th: Overview of the EB-5 Category
  • Basic Requirements: Minimum Capital, "Invest", "Commercial Enterprise", Source of Capital and Job Creation
  • Practice Tips: Review of the Petition Forms, Service Center adjudication (I-526 and I-485), National Visa Center and Consular Processing
  • Regional Centers: Why are they relevant?, What does it mean to be "Approved" as a Regional Center and Recommended Due Diligence
  • Petition for Removal of Conditions: Required Procedure, Basic Eligibility and Practice Tips
THIRD Phone Session on April 3rd: Advanced EB-5 Practice
  • Recurring Problem Issues with the I-526 Petition: Proving the Required Capital is "At Risk", Identifying a TEA, Source of Capital and Job Creation
  • Designation of Regional Centers: Procedure and Timing, What is Required in the Proposal and USCIS Oversight and Compliance
  • Preparing for Problems with the Petition for Removal of Conditions: Shortfall of Capital, Shortfall of Employment, Required Proof in Regional Center Based Petitions, Alternative Immigration Solutions and Litigation
The deadline to sign up is Tuesday, February 26th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


EB1 For Multinational Executive / Manager Must Meet Burden Of Proof
Sheela Murthy, et al., attorneys from the Murthy Law Firm write "The Administrative Appeals Office, in a non-precedent case, upheld the denial of an I-140 petition for the multinational executive / manager of a restaurant, noting that a recitation of the beneficiary's vague and broadly-cast job responsibilities was insufficient to establish that she would be employed in a primarily managerial or executive capacity."

A Free-Market Case Against Open Immigration?
Donald J. Boudreaux for the Foundation for Economic Education writes "Whether or not immigrants increase or decrease measured GDP or per-capita income is an empirical question that can be answered only by sound empirical research."

To submit an Article for consideration, write to


BIA Cannot Deny Authority For Extraordinary Or Unique Determination
In Vasquez, et. al v. Mukasey, No. 07-3051 (6th Cir. Jan. 31, 2008), the court said that the "Board abused its discretion by denying its authority to consider whether the circumstances presented by [Petitioner] were "extraordinary or unique" as a basis for extending the deadline for [Petitioner's] notice of appeal."


Help Wanted: Immigration Paralegal
Chicago, IL - Baker & McKenzie, the world's leading global law firm seeks a business immigration paralegal. Duties include: Preparation of business immigration visa petitions, labor certification applications, and permanent residency applications. Knowledge and skills required: candidates must clearly understand the immigration process; must be detail-oriented; excellent verbal and written skills; must be able to work well in a document intensive and fast-paced environment; team player. Education and experience required: 2+ years employment based immigration experience and bachelor's degree. Paralegal certificate preferred. Qualfied applicants encouraged to apply online or send resume to: No phone calls or recruiters please. Baker & McKenzie LLP is an EOE and member of Baker & McKenzie International, a Swiss Verein.

Help Wanted: Immigration Attorney
Miami, FL - The Church World Service, a progressive non-profit social service organization established in 1960 seeks staff immigration attorney. Responsibilities include: ensure adequate representation for clients in all immigration matters; conduct intake interview with clients; prepare clients for court appearances and/or USCIS interviews; represent clients in removal proceedings, attend master calendar hearings and individual hearings, draft and file appropriate pleadings and motions to preserve interests of clients. Full job description at: Candidate should have knowledge of immigration law. JD degree and admission to a State Bar, FL preferred. Working knowledge of Spanish and/or Haitian Creole preferred. Send resume by fax: 574-266-0087 or

Case Management Technology
What do Robert Banta, Ron Gotcher, Angelo Paparelli, Wolfsdorf Law Group and dozens of others have in common? They tried our online competitors but switched to ImmigrationTracker. With easy screens, reliable immigration content, helpful US-based support teams -- Tracker has what you need, including the only proven choice of in-office or web-based product lines. Even our prices make us a better value. Contact us today to see why everyone is switching. Reserve your private demo: Call 1-888-466-8757 ext. 278 or email

J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with AIESEC United States. For 50 years, AIESEC U.S. has offered foreign nationals the opportunity to grow both personally and professionally by sponsoring exchange visitor traineeships. Enjoy unparalleled customer service, including in-depth guidance on J-1 Trainee visa regulations and the changes effective July 2007. We also offer logistical and cultural reception services in locations nationwide. Expect a 24-48 hr. application processing time. The J-1 Trainee visa can be used for individuals to participate in training programs in the following fields: information media and communications, education, social sciences, library science, counseling and social services, management, business, commerce and finance, the sciences, engineering, architecture, mathematics and industrial occupations, public administration, and law. Attorneys interested in learning more about AIESEC United States and the J-1 Trainee visa, please email Melany Hamner:


Readers can share their professional announcements (100-words or fewer at no charge), email: Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Event - Cambridge, MA
The Myron Weiner Seminar Series on International Migration is pleased to present, "Deshantori (The Migrant)", a documentary screening and discussion". 4:30-6pm, Tuesday, March 4, 2008. Massachusetts Institute of Technology, Building 66, Room 110, Cambridge, MA. Speaker: Mridul Chowdhury, John F. Kennedy School, Harvard University. Contact: MIT Center for International Studies, (617) 253-8093 or


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
Thanks to Immigration Daily for all of your hard work and efforts. We thought that it may be interesting to share news of the sixth victory for the Law Offices of Jamie B. Naini before the U.S. Court of Appeals for the Sixth Circuit (in a time frame of a little over 2 years). The latest victory is a published opinion and so finally we made law in the Sixth Circuit. The case is Vasquez v. Mukasey, and it was decided and filed on January 31, 2008. Particular credit should be given to Jeremy Scott Sykes of our firm who did a great deal of work and research in this case.

Jamie B. Naini, Esq.
Memphis, TN

Dear Editor:
AILA announced last week that the USCIS has withdrawn the Name Check FAQs that Immigration Daily just distributed today (see 02/25/08 ID).

Brian S. Green, Esq.

Dear Editor:
Regarding the following items in Immigration Daily (02/25/08 ID), USCIS FBI Name Check Q&A. The official link to this file from USCIS was removed shortly after it was made available. According to AILA, it will be revised and reposted within a few days. Does Immigration Daily have further insight into what is going on?


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- 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    Legal Editor:  Michele Kim                        ISSN:   1930-062X