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Immigration Daily

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Immigration Daily August 15, 2008
Previous Issues
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OPT Rule Survives Challenge

According to a ComputerWorld news story, "A US district court judge in New Jersey this week rejected an attempt by H-1B visa opponents to halt the Bush administration's extension of student visas from one year to 29 months - a move it claimed would give students a better shot at getting an H-1B visa." For the full story, see here. For the court order see below in news.

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


Back To School: Immigration Issues For Students And Universities

ILW.COM is pleased to announce a new 3-part seminar series "Back To School: Immigration Issues for Students and Universities". The curriculum is as follows:

FIRST Phone Session on August 21: F, M and J Students - what they are and how do they apply

  • Similarities and Differences between the three statuses - Is there a choice?
  • NIV Visa issuance: Proving Nonimmigrant intent from troublesome countries and after IV petitions; and support issues
  • The realities of maintenance of status and reinstatement (how to apply and likelihood of success)
  • Personas non grata - flight school issues
  • Students who are not F,M or Js (derivatives, asylees, recent developments e.g. for visitors)
  • When D/S is no longer D/S - unlawful presence, departure and inadmissibility
SECOND Phone Session on September 11: Student Employment Issues
  • The usual rules of engagement for Fs - On-Campus, CPT, OPT, Unforeseen Economic Hardship and Internships with International Organizations
  • Employment of M and J students (including J-1 Student Interns)
  • When is an EAD needed?
  • The Cap Gap solution for this year
  • Interim Final Rule for OPT 4/8/2008 - Science, Technology, Engineering and Mathematics
    • Who's included and excluded
    • 17 month extension - student applications and employer reporting requirements
    • E-Verify employers - how to find them, what E-Verify means to employers, how and why to convince employers to go E-Verify
    • New Reporting Requirements
THIRD Phone Session on October 30: Helping educational institutions with their immigration issues
  • SEVIS - history and update for today - What a DSO and lawyer must know now
  • Understanding H-1 exemptions - collaborations between universities and the private sector
  • Issues Transitioning from student to professor (J-1 waivers, alternatives to H-1B)
  • Special Handling PERM applications; When regular labor certification process applies;
  • Difficult EB-1s and NIWs (From F, J or M direct to Immigrant - when, why, how; considerations whether to PERM after all)
  • Can a non-resident alien be a resident for tuition?
The deadline to sign up is Wednesday, August 20th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Communicate With Status Reports
Ed Poll writes "Failure to communicate is the most common cause of clients' complaints about attorneys."

Bloggings on Nurse Immigration
Christopher T. Musillo of the Hammond Law Group shares the latest entries as of August 11, 2008 on his nurse immigration blog.

To submit an Article for consideration, write to


USCIS Extends TPS For Sudanese Nationals
USCIS announced a 18-month extension of Temporary Protected Status (TPS) for nationals of Sudan through May 2, 2010. See the announcement here and the Federal Register notice here.

Challenge To OPT Rule Fails
In The Programmers Guild, et. al. v. Chertoff, Civil Case No. 08-2666 (FSH), USDC of NJ (August 5, 2008), the court denied Plaintiff's motion for preliminary injunction implementing an interim final rule which extended the period of time technically trained students could remain in the US from 12 months to 29 months.


Help Wanted: Immigration Attorney
Multiple locations - Williams Mullen seeks business immigration mid-level associate to join our ten-member global visa practice. Successful candidate will advise on strategic choices and manage client relations in all immigration areas. Prepare and review NIV, IV filings; handle RFEs; and prepare updates for client newsletters and email alerts. Associate will assist with immigration compliance issues (I-9s, E-Verify, etc.) and will have heavy involvement with PERM filings, EB-1/NIW petitions and foreign work visa applications. Successful candidate will work on in-bound and out-bound projects. Requirements include superb communication, analytical skills, judgment and writing abilities. Our firm is equipped with state-of-the art, web-based software and ample paralegal capacity, which enables our associate to take on meaningful and challenging assignments. Moderate amount of portable business required, as well as proven ability to market and develop business and client contacts. For full details, including job locations, see here. Highly competitive salary + benefits offered. Qualified applicants, send resume to: EOE.

Help Wanted: Immigration Attorney
Lee's Summit, Missouri - USCIS Office of the Chief Counsel (OCC) seeks experienced attorney for the position of of Service Center Counsel at the National Benefits Center (NBC). Responsibilities include, but are not limited to, providing legal advice to the NBC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Service Center Counsel are also responsible for writing visa appeal briefs and providing litigation support to the U.S. Attorney's office on cases arising from Service Center adjudications. The Service Center Counsel will be directly supervised by the Deputy Chief Service Center Counsel and the Chief of the Service Center Counsel Division. Applicants must possess a JD degree, be an active member of the bar (any jurisdiction) by the entry on duty date. For full details enter COU-CIS-2008-0009 here. Submissions for this announcement are preferred by email (all attached documents must be in MS Word or Adobe Acrobat PDF format) to W. Douglas Craig, Chief Service Center Counsel Division, at Contact Information: Sheila Fisher. Phone: 949-389-3687. Or write: Office of the Chief Service Center Counsel, USCIS, 101 West Congress Parkway, Suite 560, Chicago, IL 60605.

Help Wanted: Immigration Paralegals
Reston, VA - Feeling undervalued? Goel & Anderson, LLC, seeks experienced business immigration paralegals to provide professional services to its clientele, composed of Fortune 1000 corporations and leading multinational firms. Our compensation and benefits package is commensurate with top-tier law firms, with no billable hour requirement. We offer family-friendly work hours (with little/no OT required), attorneys who are easy to work with, business-casual dress policy, fully paid health/dental/vision insurance premiums, 401(K) plan with generous match, free parking, and occasional additional perks (this year, our entire staff, along with spouses/significant others, was treated to a paid vacation at the Atlantis resort in the Bahamas). Ideal candidates will have 4-6 years of experience as a business immigration paralegal with a top tier law firm or in-house corporate immigration team, coupled with undergraduate degree, excellent organizational and communication skills (both written and oral), and ability to work independently. Please apply with resume, cover letter, + salary req. to or fax to (703) 796-9232. All submissions kept confidential. No phone calls please.

EB-5 Business For Sale
US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt or inventory included. To view pictures and an appraisal report, see here. To discuss further, contact Thomas Barnes at: or call 434-955-0595 (after 10 am EST). All inquiries will be kept confidential.


Census Bureau Estimates May Intensify Spotlight On Immigration, Education
"When they are a third of the population, you can't ignore them," Salling [a demographer at Cleveland State University] said. "I don't care if they're citizens or not, you can't ignore them."

Raids A Poor Substitute For Real Immigration Policy
The arrest of 57 workers at the Mills Manufacturing Corp. in Woodfin on Tuesday on immigration-related charges highlights once again the failure of US immigration policy.

Investment Banker's Little Bond Fund Goes Nationwide For Immigrants
Hildreth's offer to help pay a few immigrants' bonds after a raid in 2001 has now led to the creation of a national fund to help other people facing detention far from their homes and families.

Fishing While Brown
The much-scrutinized 287g section of the Immigration and Nationality Act, adopted by Alamance County last year, allows in-house immigration officers to identify and deport undocumented immigrants who have, for whatever reason, found their way into custody - fishing without a license included.


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 Book
Strangers Among Us: Turning Today's Immigrants into the Americans of Tomorrow By Linda Chavez, Basic Books, 256 pages. Hardcover, ISBN: 0465002226, $17.79.


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:
Both legal and illegal immigrants should be stopped because they emit CO2 gas, or so a recent article written by Steven Camarota, Leon Kolankiewicz of the restrictionist Center for Immigration Studies, entitled, "Immigration to the US and World-Wide Greenhouse Gas Emissions," would have us believe. Of course, as in all "spin," there is a modicum of truth woven in, and it is reasonable to deduce that people in the US (immigrants or citizens) will emit more CO2 than they would in their home countries, because of lifestyle change. But as an argument against immigration, and for the environment, this is absurd. The article claims that, "The findings of a new study indicate that future levels of immigration will have a significant impact on efforts to reduce global CO2 emissions" and claims that, "Immigration to the US significantly increases world-wide CO2 emissions because it transfers population from lower-polluting parts of the world to the US, which is a higher-polluting country." Of course, the "study" is theirs, and they use it to reach the conclusions their organization supports. Funny, they don't mention atomic bombs, nuclear power plants, or large corporate polluters; they simply target immigrants, both legal and illegal. It would be funny if it were not so patently absurd and I am surprised they did not somehow link it to an Aztlan plot to take over the world, since Mexican immigrants are most likely to emit CO2, because they eat beans. Perhaps that is what the Center for Immigration Studies is full of.

David D. Murray, Esq.
Newport Beach, CA

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X