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Immigration Daily

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Immigration Daily July 17, 2008
Previous Issues
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The War On Immigrants

The Transactional Records Access Clearinghouse (TRAC) at Syracuse University reported that immigration cases make up more than half (58%) of all federal prosecutions in April 2008. TRAC said that "The very heavy federal emphasis on immigration cases became especially notable in February, March and April and is concentrated in selected judicial districts along the border with Mexico. The surge in this area is being advanced under a program called "Operation Streamline." Bear in mind that "more than half" is more than half of ALL federal prosecutions - including all prosecutions for all charges brought against all defendants by all federal agencies (including FBI, ATF, DEA, ICE and IRS). This surge against immigrants has been under way for the three months for which the latest data is available. Based on anecdotal reports, this surge has been sustained since April. This relentless and unremitting large scale attack on immigrants can only be characterized as a "War On Immigrants". All Americans should take heed of an epigram of Freiherr Friedrich von Logau (as translated by Longfellow):

Though the mills of God grind slowly, yet they grind exceeding small;
Though with patience he stands waiting, with exactness grinds he all.

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


The H-1B Book Shipping Now

THE H-1B BOOK 2008-2009 Edition, Editor Karen Weinstock, is shipping now. 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.


    Origin And Evolution: Ten Years Of The Affidavit Of Support Under IIRIRA
    Romulo E. Guevara and Frederick F. Calope write "The trajectory of the affidavit of support from its harmless origins to its radical turn into a legally enforceable contract instilled the public with heightened fear and uncertainty."

    Editor's Note: The last name of Mr. Guevara was misspelled due to an production error and was corrected on July 17, 2008.

    Bloggings On Immigration Law And Policy
    Greg Siskind shares the latest entries as of July 17, 2008 on his immigration law and policy blog.

    To submit an Article for consideration, write to


    USCIS Fact Sheet On Iraqi Refugee Processing
    USCIS published a fact sheet on Iraqi refugee processing.


    Help Wanted: Immigration Paralegals
    Washington, DC - Maggio & Kattar, P.C. , a fast-paced nationally recognized immigration law firm seeks highly motivated, detail-oriented individuals for entry-level paralegal positions. Strong organizational, writing & interpersonal skills a must. Great opportunity for individual interested in challenging, exciting work with international clientele; excellent career advancement possibilities and work environment. Competitive salary and benefits. Send: resume, writing sample, salary history and references to:, reference: Paralegal position.

    Help Wanted: Immigration Attorney
    New York, NY - Pollack, Pollack, Isaac & DeCicco, LLP., a small downtown firm seeks experienced immigration attorney in litigation and/or corporate immigration law. E-mail resume, and salary requirements to legal administrator at

    Help Wanted: Immigration Paralegal
    New York, NY - Klasko, Rulon, Stock & Seltzer, LLP, a nationally-known immigration law firm, has an opening for an experienced immigration paralegal. This position will handle employment-based immigration matters for universities, hospitals, research organizations and corporations. Our firm provides paralegals with a collegial atmosphere with high professional standards. Excellent academic credentials at a minimum of a Bachelor's degree level; strong verbal, written and organizational skills; and computer literacy required for this position. Successful paralegal candidates should have at least 3 years of employment-based immigration experience. Fax resume and salary history/requirements to (215)-825-8699 or E-mail:

    Help Wanted: Immigration Paralegals
    Reston, VA - Law Offices of Rakesh Mehrotra has immediate openings for senior and junior immigration paralegals/adminitrative assistants for busy Immigration practice. Candidates must have experience in business immigration law, including preparation of H-1B, L-1, TN, O-1 and E-1/E-2 visa petitions and labor certification cases. Responsibilities include the preparation and filing of business and employment-related immigration documentation. Senior paralegals will supervise and mentor junior paralegals. Qualified candidates must have excellent organizational skills, attention to detail, accuracy and consistency. Excellent written and oral communication skills and bachelor's degree required. Junior paralegal position requires 2+ years of experience and Senior paralegal position requires 5+ years of experience. Competitive salary and benefits offered. Very congenial work environment with opportunity for professional growth. Send cover letter, resume and salary requirements to

    Position Sought
    Experienced immigration specialist/paralegal seeks immigration contract work for law firms on a telecommute basis. Possess 10+ years experience in law firm environment and corporate environment managing the immigration department with primary responsibility for all phases of immigration processing and administration. Provides a wide range of immigration support services to immigration attorneys including, but not limited to: preparation of all IV and NIV documents and support letters (B, H, E, L, TN, O, P, PERM and PR), article and newsletter drafting, onsite I-9 and Public Access File auditing services to arrange corporate compliance with labor and immigration regulations, and coordinating visa applications requiring host-country filings. Resume, writing sample, and references available upon request. Email:

    Help Wanted: Immigration Attorney
    Salt Lake City, UT - Alcala Immigration Law Firm seeks an immigration attorney. Two years experience in immigration law preferred. Candidate must possess strong writing, analytical, organizational, and case management skills. Applicant must be fluent in Spanish. We offer an excellent compensation and benefits package. Please e-mail cover letter, resume, references, writing sample, and salary history to:

    Help Wanted: Immigration Professional
    Washington, DC - Maggio & Kattar, P.C. , a fast-paced nationally recognized immigration law firm, seeks highly motivated, detail-oriented receptionist. Excellent interpersonal skills and computer literacy required. Great opportunity for individual interested in working with international clientele and/or legal field; career advancement possibilities. Salary range: $27,000-$31,000. Competitive benefits. Please email resume to: or fax (202) 483-6801, Attn: Amal Talhame. No calls please.

    Border And Consular Assistance
    For visa application processing at US-Canada border or at US Consulate in Montreal, Toronto, Ottawa and/or Quebec, please contact Charles J. Leamy at Ogilvy Renault LLP. Mr. Leamy is a Montreal-based AILA member with more than 15 years experience in U.S. immigration law. Ogilvy Renault s Business Immigration team will accompany your client and provide representation at border/consular posts. We have wide-ranging expertise with border/consular issues including all TN visas, L visas and waiver of inadmissibility cases. For more information: Charles J. Leamy at Ogilvy Renault LLP; Montreal, QC; (514) 847-6103;

    Case Management Technology
    Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 80+ engineers and 11 sales and support staff. INSZoom is the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email


    Dallas Center At Heart Of Immigration Hiring Surge
    Their classes at the USCIS Academy are part of a nationwide effort by U.S. Citizenship and Immigration Services to recruit and train hundreds of new employees who will help tackle the agencys mountainous backlog of cases.

    Criminal Charges Filed Against Immigrants At Unprecedented Rate
    Criminal immigration violation charges are being filed by the federal government at unprecedented levels this year, a report by Syracuse Universitys Transactional Records Access Clearinghouse (TRAC) reveals.


    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.

    New Attorney
    Hasan Abdullah has joined Shah Peerally Law Group, a law firm headquartered in Fremont CA, practicing exclusively immigration laws, now with 3 attorneys and 5 legal assistants. 4510 Peralta Blvd, Ste 25, Fremont CA 94536, Ph: (510) 742 5887,


    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:
    As an AILA member and attorney who has managed many Perm applications, I am in agreement with your general comments regarding DOL. However, us Immigration lawyers must remember that we do not practice in a vacuum but rather in a macroeconomic and social environment in which most average Americans not only know nothing about our convoluted Labor Certification process but frankly have little or no sympathy to the needs of employers who are seeking to hire or sponsor foreigners when either they or their family and neighbors are being made redundant by several companies who engage in sponsoring foreign nationals for permanent residence. I suspect DOL is responding to the increasing reality of an economic turndown and rising unemployment. While we may be correct regarding DOL's misbehavior, let us not be too flippant or insensitive about how how most Americans probably feel about this subject at this time.

    Stephen M. Hader, Esq.

    Dear Editor:
    Jim Roberts' letter (07/16/08 ID) says that if there are "sad cases", such as the one I mentioned in my letter (07/14/08 ID) concerning the DHS threat to deport the English-speaking, law-abiding adopted daughter of two law-abiding US native born citizens, because of the impossibility of establishing her natural parentage through DNA testing, then we should blame the millions of people who have "taken advantage of our hospitality". In what way did this American couple and their daughter, who was evidently brought here as a baby and has never known any other home, take advantage of America's hospitality, except by trying to comply with America's laws? Punishing them for the real or imagined violations of other people would make no more sense than locking up any other innocent person, and then blaming it on the fact that America has a high crime rate. It is amazing how little some people who talk the most about the need to "protect" America from "alien" influences understand about the basic principles of justice that make our country the envy of the world (when these principles are adhered to, something that is happening less and less in the xenophobic world of early 21st Century America).

    Roger Algase, Esq.
    New York NY

    Dear Editor:
    Wow I guess since the economy is at all time low here if they deport illegals jobs become available that years ago americans did not want but now may appreciate. I am from ireland have my green card 20 years next year but for illegals it must be hard God bless america and Ireland is now the 3rd wealthiest country in europe .was not that way in the 80s for Ireland .Everyone deserves a chance if someone is willing to work hard be a good citizen they should be allowed be legal I think maybe then the US could generate more revenue cause the people that get cash etc would be taxed like the rest of us and bring money into the economy and be legal in the process.

    Mary Josephine Boyce

    Dear Editor:
    Illegal workers in Postville (07/16/08 ID Comment) not only disregard the US immigration law, they also stole identification, adding additional crime to their actions. What other crimes did these people commit? Illegal workers do a huge disservice to legal workers in the US. They harm the immigrant group the greatest by offering their labor cheap. In today's economy, it is hard enough to build something from nothing, but when you add laborers willing to do the job for significantly less than possible, it makes the building nearly impossible. Let's allow our "legal immigrant" the possibility of achieving the American Dream.

    Char Clingman

    Dear Editor:
    I didn't intend to insult anyone or anything in my letters, but some may be hurt by so many inconvenient truth in them, particularly those who feel they're "faithful" people but I frequently exposed their selfishness and hypocrisy by not up to their own standard and beliefs. It has never been illegal for us to shop for best deals for lowest prices available online and offline, why we must make it illegal for everyone to decide who they will hire to perform a job for lowest compensation to meet their own bottom lines, citizens or foreigners? Nativists keep accusing "globalists" and greedy businesses for supporting open border and free trade, and yet they never complaint, even appreciate the savings they got when they shop at hypermarkets, hardware and electronic stores from cheap imports. They also search the internet to compare prices and find best deals on products and services. They also switch their cable or phone service whenever they find better deals. They also keep blind eyes on "illegals" who do their landscaping and cooking in many restaurants or picking their food. They balk on any kind of monopolies particularly OPEC, but support immigration restriction to establish the same kind of labor monopoly and protectionism. If I condemn these hypocrites, I apologize here for not being able to "sugar coating" my words of inconvenient truth.

    Robert Yang

    Dear Editor:
    Yeah? Why Mr. camyad freixas (07/16/08 ID Comment) go to ask the politicians from washington DC. what kind of rights give to russians and ucrainians? why this ucrainians and russians come there "legal" and stey on walfer and have paid housing and food stamps? i know alots of russians and ucrainians who work for cash for not to pai taxes. this people of nothing do for this country, they reys the money every year 15-20 000$ and go back on native countrys and buy proprietes houses and land. i think the american law maker`s mast to do the law to stop this lazy people to rob this country. the problem is it there , the politicians dont see the bad things, they run after pur people who try to make some money for the families. what ever there is a big discrimination and very big rasism.... and masamedia dont tell the true to the amrican citizen.


    Dear Editor:
    Regarding David D. Murray, Esq.'s letter (07/16/08 ID): Our God says "Thou shalt have no other Gods before me. Thou shalt not bow down thyself to them, nor serve them: for I the LORD thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me;" The letter states "Immigration is based on the laws of man and changing times." If the letter's viewpoint prevails we shall see destruction, poverty, plagues, people frozen to death, incurable diseases. As I stated before you have no win situation. Cursing the Americans in so called competition is a curse for those children whose forefathers fought for our flag. When we are no longer a nation under God, the God of Abraham, Isaac, and Jacob then we are doomed. All those in the land shall suffer the plagues of God. Our boys from before 1776 to the present, who defend and protect the United States are spit upon by letter's premise. We are not a multi God nation and when the United States no longer obeys God's ordinances, it shall not prevail. Only the hand of God is what upholds us. The founders of America were Christians and those who went to South American for gold became poor. Those who sought religious freedom, believed in Jesus Christ and we were surely blessed beyond measure and now those who are the children of those who went to South America for gold have not the blessing of God, for their forefathers motives were not to worship God the Father, Jesus Christ, and The Holy Spirit. No one who seeks to occupy the land, who has cursed Americans, shall know nothing but suffering. If America chooses to abandon their God, then God shall abandon them.

    David Utterback

    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