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Immigration Daily

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Immigration Daily May 5, 2008
Previous Issues
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The H-1B Book

ILW.COM is pleased to announce its latest book, "THE H-1B BOOK 2008-2009 Edition", Editor Karen Weinstock. The Table of Contents is as follows:

  • Chapter One: Interview The Client

    • Qualifying the Position as a Specialty Occupation
    • Qualifying The Employee
    • Meeting Wage Requirements
    • Lawyer's H-1B Consultation Questionnaire Form
    • Lawyer's H-1B Task Checklist
  • Chapter Two: Send The Client Intake Forms And Related Information

    • Intakes Summary
    • H-1B Employer Intake/Questionnaire Form
    • H-1B Worker Intake/Questionnaire Form
    • The Complete H-1B Process: Company Flowchart
    • The H-1B Process: Company's Step-By-Step Explanation
    • Explanation and instructions for spouses and children
  • Chapter Three: Credentials: Verify That The Worker Has A US Bachelor's Degree Or Equivalent

    • Credentials Summary
    • If the worker has a U.S. degree - no evaluation is necessary
    • If the worker has a foreign degree - order credentials evaluation
    • If the H-1B petition is based on work experience or combination - order a work experience evaluation
    • List of credentials evaluation firms, web sites and phone numbers
  • Chapter Four: Determine The Prevailing Wage

    • Understanding the Prevailing Wage
    • Determining the Prevailing Wage
      • O*NET, SOC, Wage Levels, Job Zone and SVP
      • SESA or SWA Wage Determination
      • FLC Data Center Wage Determination
      • Wage Determination Through Other Wage Surveys
    • Practice Examples in Determination of the Prevailing Wage
  • Chapter Five: Prepare And File The Labor Condition Application (LCA)

    • Introduction to the Labor Condition Application (LCA)
    • Preparing and filing the Labor Condition Application (LCA)
      • Online LCA filing
      • Complete Online LCA and Receive LCA Approval Online
      • Completing the LCA: Step by Step
      • H-1B Dependent Employers Worksheet for the LCA
    • Detailed Description of Form ETA-9035E and its Obligations
    • Sample of completed LCA (form ETA-9035E)
    • Copy of form ETA9035CP (LCA cover pages)
  • Chapter Six: Prepare The I-129, Related Forms And Petition Letter

    • Form I-129
    • H supplement to Form I-129
    • Form I-129 H-1B Data Collection Supplement
    • Form G-28
    • Form I-907 if premium processing is applicable

    • If the H-1B worker has a spouse and/or children:
    • Form I-539
    • Form I-539 Supplement 1 (if necessary for other family members)
  • Chapter Seven: Send All The Forms And Petition Letter To The Client For Review & Signature

    • Sample letter to client
    • LCA posting notice
    • Sample Letter to Employer Regarding Public Access File
    • Memorandum to employers on Labor Condition Application
    • Public Access File sample
    Chapter Eight: Assemble The H-1B Petition And Send To The USCIS Service Center
    • General Filing Instructions (including list of service centers and filing addresses)
    • Sample Cover Letter
    • H-1B Petition document checklist
    • Sample list of exhibits
  • Chapter Nine: Troubleshooting

    • Introduction
    • Request for Additional Evidence
    • Dealing with the dreaded request for evidence
      • Sample Response to Request for Additional Evidence
      • Second Example of Response to Request for Additional Evidence
    • I-9 Compliance, Social Security Numbers and Driver's Licenses
    • Changes in H-1B Employment and Amendments
    • How Mergers, Acquisitions and other corporate Transactions Affect the H-1B
  • Chapter Ten: Post-Approval Case Management

    • Summary of Post-Approval Issues
    • Sample H-1B Approval Letter to Employees that are in the U.S.
    • Sample H-1B Approval Letter to Company - Employee(s) Abroad
    • Sample H-1B Approval Letter to Employees Abroad
    • Non- Immigrant Visa Consular Processing Information Sheet
    For more information about the book and to order, see here. For the fax form, see here.


    Spotlight On Temporary Admissions Of Nonimmigrants To The US
    Jeanne Batalova for the Migration Information Source takes a detailed look at the statistics on admissions of foreign nationals who come to the US on a temporary visa.

    Immigrants Of The Week: Jun Gao, Ranjan Duara, MD and Guillermo Del Torro
    Greg Siskind celebrates contributions of these outstanding immigrants to America.

    To submit an Article for consideration, write to


    USCIS Approves New EB-5 Regional Center
    USCIS announced the approval of the Los Angeles Film Regional Center as an EB-5 Regional Center.


    Help Wanted: Immigration Attorney
    Philadelphia, PA - Established immigration firm seeks attorney with minimum 3-5 years of corporate business immigration experience. Experience should include full range of employment based immigrant and nonimmigrant categories. Experience supervising paralegal staff and managing corporate immigration accounts strongly preferred. Excellent legal writing, organizational and case management skills required. Please submit resume, cover letter and relevant, substantive legal writing samples (i.e.: RFE responses, explanatory letters to clients, analytical case planning memos, etc.) to Lawrence Rudnick:

    Help Wanted: Immigration Attorney
    Detroit, MI - Clark Hill PLC seeks experienced immigration associate. Qualified candidate will have 2+ two years business immigration law experience with filings for H Visas, L Visas, E Visas, PERM cases and green cards. Working knowledge of immigration case management system is preferred. Excellent written communication and strong interpersonal skills required. Email resume, cover letter, writing sample, + law school transcript to Martha Mackinnon: EOE.

    Help Wanted: Immigration Attorney
    Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks an attorney for the position of Associate Counsel in the National Security & Records Verification Law Division (NSRVLD). Responsibilities include, but are not limited to, providing legal advice and consultation in discussions with the heads of USCIS units, working with USCIS managers in a continuing effort to improve the security check and fraud detection processes, assisting in the coordination of legal issues involving national security, criminal and fraud matters with other law enforcement and intelligence agencies and providing litigation support in cases before the Federal courts. Experience in immigration-related criminal and national security legal issues preferred. Must be able to hold and maintain a Top Secret clearance. For full details enter COU-CIS-2008-0006 here. Applicants must submit (1) resume, (2) writing sample (5 pps. max), (3) references, (4) cover letter to All submissions must be received by close of business Wednesday, April 30, 2008. GS-13-15, position open until filled. No reimbursement expenses offered.

    Website Services
    Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.

    Immigration Law Certificate
    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. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.


    DOJ Settles H-1B Job Ad Case For $45,000

    Fewer Latino Migrants Send Money Home, Poll Says


    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.

    Merger And Acquisition - Dallas, TX
    On May 1, 2008, Elise A. Healy moved her business immigration practice to the majority women-owned firm, Spencer Crain Cubbage Healy & McNamara, PLLC in Dallas, TX. Spencer Crain Cubbage Healy & McNamara, PLLC, 1201 Elm Street, Suite 4100, LB 50, Dallas, TX 75270. Main: 214.290.0000; Direct: 214.290.0004; Fax: 214.290.0099.


    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:
    Congratulations on ID's anniversary (see 05/02/08 ID comment). I read your email every chance I get.

    Peter S. Kollory, Esq.

    Dear Editor:
    Pirates, invaders and thiefs and their heirs have no right and morality to sell their stolen lands and gold, that exactly what Spanish and Anglo Saxon European colonialists were doing and trading their occupied territories in the Americas. Since the beginning of human civilization, it's never be illegal to trade ones' labor, services and goods by mutual consents and until some other powers and sovereignities try to impose restrictions on others' right and establish monopolies to enrich themselves while depriving others to seek the best compensation for their labor, goods and services while jacking up prices to the consumers. Companies can't hire the best talents from other side of the globe and a lot of people who got better talents, skills and smarter brains can't get the best opportunities beyond their born countries because of absurd, unfair, restrictionist, protectionist immigration and trade laws just because politicians in many countries want to satisfy their loser whining citizens. It's exactly the purpose of The Chinese Exclusion Act 1882, it's exactly all the rants against immigration today for and its names calling. Only ignorants will deny that USA and Mexico were founded by invaders and colonialists and those who deny that the can close the border and expect no competition from foreigners whatsoever are daydreamers.

    Robert Yang

    Dear Editor:
    Responding to Jim Roberts's letter (05/02/08 ID), I've seen this claim in bogus emails for years, and know that there has been research done which debunks it utterly. His letter cites some PEW Research Center population statistics for the notion that the study's projected population of the US doesn't include aliens who may benefit from an "amnesty." Where does one think they are? His letter also states that an "amnesty" would increase US population dramatically. Amnesty will only affect those who are already here, and already included in population projections. Aliens, legal and illegal have been proven by several recent studies to pay far more in various taxes than they consume in government services, and it is an undeniable fact that the economies of the states which are passing laws against illegal employment are already experiencing problems affecting businesses in their states. By the way, Chula Vista, CA, a city just 5 miles north of the Mexican border, and populated by about 70% Hispanics, many of whom are undocumented, has seen its police effectuating an unofficial policy of stopping Brown people for "traffic" stops and calling the border patrol if they can't prove they are documented. Of course, no one can really complain if undocumented persons get detained, but Americas most Mexican city doing it is a curious phenomenon.

    John E. Shorkey

    Dear Editor:
    Interesting how the posting rhetoric is leaning more and more into a familiar theme. Remember Orville's 1984? The object was complete government control. Especially the "undesirables." They had a telescreen received and transmitted thought messages to and from the Party enabling the thought police to tune in to any individual; the Ministry of Truth dealt with news, entertainment, education, fine arts; Ministry of Peace waged war; Ministry of Plenty handled economic affairs; vocabulary was under Party Control newspeak was encouraged. "Thought crime" was punished. The Newspeak slogans were "War is Peace", "Freedom is Slavery", "Ignorance is Strength." Interestingly, it appears that in order to appease the anti-immigrationist thought, we are falling into this same scenario. Complete control of the people. The government is constantly becoming more and more totalitarian in its quest to control people (ala terrorists, illegal immigrants, "undesirables"). Some of your writers are pushing for more and more government mass control, especially of the low life "undesirables." Wouldnt Gobineau be proud? He was called the father of Aryan racism which espoused racial superiority a long time ago.


    Dear Editor:
    It is remarkable that Roger Algase's letters in 2008 are able to know what was said in these years and that the persons were "anti immigrant racists" (as on 05/02/08 ID: "This is exactly what anti-immigrant racists were saying about the Irish in 1858, the Chinese in 1908, and the Italians in 1918".) And, the solution to the illegal problem is not just to legalize all entry as RA's (05/01/08 ID) letter opines which would only increase the unprecedented numbers we have now. If neutral enforcement laws are directed at "immigrants who have a different skin color and/or speak different languages", it is because they are the major violators, and not: "based on fear and dislike". I agree that we are an: "increasingly divided, polarized and racially paranoid country", but this is not because of enforcement efforts, but previous lax policies and entry numbers. The (05/02/08 ID) Honza Prchal letter makes some thoughtful comments including the need to: "come up with some system the public supports to pick and choose among legal entrants". When public demand exceeds available supply, a fair way to address this as in oil & gas leases, big game hunts, Powerball, etc. is to determine the fixed amount of supply and then those interested apply with winners selected by random drawing. With US entry, this could be limited and weighted according to our interests, not somebody's pet egalitarianism theory. This or any other proposal would not work without enforcement and secured borders which is the wisdom that we are finally starting to follow.

    Jim Roberts

    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