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Immigration Daily

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Immigration Daily August 21, 2008
Previous Issues
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The Washington Post reports "The federal government has been using its system of border checkpoints to greatly expand a database on travelers entering the country by collecting information on all US citizens crossing by land, compiling data that will be stored for 15 years and may be used in criminal and intelligence investigations." For the full story, see here.

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.


    Recent Developments In Criminal Law - July 2008
    Norton Tooby and Joseph Justin Rollin provide a summary of select criminal immigration law cases that readers may find of interest.

    Bloggings On Immigration Law And Policy
    Greg Siskind shares the latest entries as of August 13, 2008 on his immigration law and policy blog.

    To submit an Article for consideration, write to


    USCIS Acting Director Invites H-2B Proposed Rule Feedback
    USCIS Acting Director Scharfen posted an entry on the DHS blog detailing the specifics of the proposed rule change and inviting comment submissions to the proposed rule.

    DOS Final Rule On Fingerprinting
    The Department of State published notice of a final rule, effective August 20, 2008, amending the Department of State's regulations relating to the application for a nonimmigrant visa, to generally require all applicants, with certain exceptions, to provide a set of ten scanned fingerprints as part of the application process.


    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.

    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.

    Credential Evaluation
    Do not order a foreign credential evaluation until you read this. Career Consulting International, offers credential evaluation of your non-US degree. Fast service at low prices. Mention Immigration Daily to receive 3-day rush service at no extra cost (reg. price $70, rush service $70 = savings of $70). H1B and I-140 specialists. Evaluations of 4 year degrees (72hr. rush service) only $70.00. Also 3 year degrees combined with PGD, second degrees, or work experience. Pay online. Toll-free fax/phone numbers. Our clients say it better than we do: "I don't know what to say but you changed my life. In a place that others failed you came and with your evaluation... I just got approved to my I-140." "I'd like to thank you for your services in evaluating my educational documents. You helped me in a difficult situation and through extensive research you were able to get results that other, "bigger" agencies were unable to achieve". Click here to see more testimonials. Free consultation. Call today toll free: 1.800.771.4723


    GOP Lawmakers Question Texas AG On Immigration Issues
    Texas Republican lawmakers want an attorney general's opinion on how far the state can go in dealing with illegal immigration, providing an early snapshot of the looming fight in the Texas Legislature next year.

    Mexicans Are Wary Of Both US Candidates
    It's a common sentiment in Mexico, as the slumping U.S. economy and the effects of the 2001 terrorist attacks make the relationship between the United States and its southern neighbor more complicated than ever.

    TPD Policy On Immigrants Will Make Us Safer
    The Tucson Police Department should be commended for a proposed policy change regarding when it will report illegal immigrants to federal authorities. The new rules should enhance public safety while maintaining trust between the department and the community.

    Refugee Program Halted As DNA Tests Show Fraud
    The State Department has suspended a humanitarian program to reunite thousands of African refugees with relatives in the US after unprecedented DNA testing by the government revealed widespread fraud.


    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
    CIS Ombudsman's Office is pleased to announce that the teleconference for August is as follows: "U Visa: One Year After the Interim Final Rule" August 26, 2 pm EST. To participate in this call, please RSVP to Please also indicate how you learned about the program as well as the city and state from which you are calling. We will acknowledge your RSVP and provide the call-in information before the call.


    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:
    Jim Roberts' letter's (ID/08/20) meaning is clear: America = non-Hispanic whites. There is a word to describe this kind of thinking, and Mr. Roberts' letter is a clear example of this word in action.

    Roger Algase, Esq.
    New York, NY

    Dear Editor:
    Thank you for running the Las Vegas Sun article that actually too the time to treat Minutemen as real people (see 08/20/08 ID). They are far more complex than the caricatures I generally see of them. Even those I know who would restrict all immigration, legal as well, are not by and large drooling vicious racist bigots, and some, as the article cites, much to its author's evident surprise, favor increased legal immigration. They simply seek to aid law enforcement in an occasionally unpopular task - no worse than private citizens with cell phones recording cars driving recklessly.

    Honza Prchal, Esq.
    Birmingham, AL

    Dear Editor:
    Jim Roberts' letter (08/19/2008 ID) claims, "Times do Change". While reading that letter, a tune kept running through my head - Deutschland, Deutschland, uber alles - now there is a tune to be afraid of, and there is no doubt Adolph Hitler was against "cultural dilution. I wonder what is meant by "maintaining America"? Mr. Robert's letter must mean is to maintain the America of our founding fathers, people with names like Roberts and Murray, good White Anglo Saxon Protestants (WASP). Yes, the "original" founders of America, who drove off the native inhabitants, stole their land and placed them on reservations after slaughtering half of them, a 'la Christopher Columbus. So what if America becomes a country where WASP is the minority? It will still be America. America is not the land of the white, it is the land of the free. Although it took the Civil Rights Act of 1964 to guarantee it, people should be free to be who they are, so long as it does not interfere with the democratic principles of the US Constitution. So long as no single group uses its culture to dominate (as is happening in Iraq), cultural statistics should make no difference in a democratic society, as a nation of laws. Anti-immigrationism has no basis in reality, but finds its dark roots in bigotry; bigotry against those different from the WASP because of ethnicity, national origin, race or religion; the same bigotry that since the founding of America has never disappeared, as the country reluctantly became inhabited by Waps, Kikes, Niggers, Beaners, Bohunks, Jerries, Japs, Chinks and Mics. And while "Times do Change", it seems not much has really changed, if we are to believe Mr. Robert's letter's purist rhetoric. Maybe it is time for times to really change.

    David D. Murray, Esq.
    Newport Beach, CA

    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