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Immigration Daily

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Immigration Daily October 14, 2008
Previous Issues
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McCain Quandary

Politico reports "Despite championing immigration reform in 2007, John McCain is poised to lose the Hispanic vote by a landslide margin that is well below President George W. Bush's 2004 performance." 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.


    Approval Of Adjustment of Status After Divorce
    Alex Berd, Esq. writes "The reasoning in the current case was not limited to K-1 cases and should equally be applicable to any pending marriage-based adjustment of status application where divorce took place prior to the approval."

    Affidavit Of An Immigration Attorney
    Beatriz Ana Sandoval, Esq. writes "Immigration lawyers are interpreters more than anything ... Going between robed judges and pencil-pushing bureaucrats ... And the ones they call alien and illegal ... Translating something even more subtle than language."

    To submit an Article for consideration, write to


    CBP Final Rule On HIV Temporary Admissions
    The Customs and Border Protection issued a final rule, effective October 6, 2008, amending its regulations to provide a more streamlined process for nonimmigrant aliens infected with HIV to enter the US as visitors on temporary visas for up to 30 days.

    President Bush Signs Conrad 30 Program Extension
    President Bush signed H.R. 5571 extending for 5 years the program relating to waiver of the foreign country residence requirement with respect to international medical graduates.

    ICE Updates SEVP Approved Schools List
    US Immigration And Customs Enforcement released an updated list of SEVP Approved schools as of October 6, 2008.


    Help Wanted: Immigration Attorney
    Atlanta, Georgia (Midtown/Buckhead) - Boutique international corporate firm seeks experienced (5-10 years) attorney to maintain the firm's immigration practice. This of counsel position will primarily focus on investment and employment based visas for the firm's corporate clients, as well as some LPR and naturalization. Must have sustainable book of business, be willing to promote firm's practice, and familiarity with dual citizenship and expatriation. Please send CV to:

    Help Wanted: Immigration Attorney
    Lincoln, NE- USCIS Office of Chief Counsel (OCC) seeks experienced attorney as Service Center Counsel at Nebraska Service Center. This is a full-time position. Provide legal advice to NSC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess a JD degree, be an active member of the bar by entry on duty date. For more info, key in Job Announcement Number: COU-CIS-2008-0011 at Submit a resume, cover letter + writing sample to: W. Douglas Craig, Chief of the Service Center Counsel Division at Must be received by close of business Friday, October 10, 2008. Position is at the GS-13-GS-15 levels, open until filled. No relocation reimbursement available.

    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.

    EB-5 Investor Program
    There is no need to wait for the Regional Center program to be extended before it sunsets on September 30, 2008. This is a 300 acre project in Southern California near San Juan Capistrano. The Project will create at least 300 new full-time jobs through the development of a resort hotel/spa & corporate retreat, an upscale equestrian centre with 1000 stalls, arena, training and boarding facilities and, along with a vineyard, an olive orchard, and 30 estate view lots. The developers and general partners have extensive experience in high profile developments. The Project qualifies under the EB-5 Investor Visa program for an immigrant investor in need of a permanent residence in the US "Green Card". The project is a Targeted Employment Area (TEA) requiring investments at the reduced $500,000 level. Visit for more information or contact a USA Global Development representative by e-mailing or calling (949) 296-3078 or complete contact us section of our website. Not an offer to purchase or sell securities. Only qualified investors can offer to subscribe after reviewing the full program and submitting a signed subscription agreement for consideration.

    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


    NJ Senator Pushes For Immigration Raid Guidelines
    With federal authorities stepping up immigration enforcement raids across the country, U.S. Sens. Edward Kennedy of Massachusetts and Robert Menendez of New Jersey have sponsored a bill to protect the rights of U.S. citizens and legal residents who get caught up in them.

    Juveniles Who Worked At Chicken Plant Are Home After Immigration Raid
    Four juveniles detained in Tuesday's immigration raid at a Greenville, S.C., poultry plant have returned to their families in Mexico and Guatemala, The Charlotte Observer reported.

    New Driver's License Rule Upsets Some Immigrants
    A little-noticed administrative change preventing illegal immigrants from obtaining a Texas driver's license has upset immigrant groups, lawmakers and Hispanic activists, who predict it will boost the number of unlicensed and uninsured drivers on Texas roads.

    Orlando Resort First To Gain Green Card Designation
    Lake Buena Vista Resort Village & Spa has become Florida's first federally-designated EB-5 Regional Center.


    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 - Orlando, FL
    Oct 24-25, 2008 - With the EB-5 program scheduled to sunset at the end of the month, what options do you have for your wealthy clients seeking residency? The EB-5 Investor seminar will discuss available options for your clients + latest developments from Washington and across the country. Regional Center principals, IIUSA and AILA experts will be on hand to discuss the program. 15 CLE credits approved. Reserve your seat for this not-to be missed event. ILW.COM is pleased to be an event media sponsor.


    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:
    JMG of Triad, NC's (10/09/08 ID) letter defending the casual use of the word gringo and then going on to recount the racism of Americans is both a non-sequitur and wrong. Gringo is indeed an offensive term intended to disparage Yanquis.'s definition begins with "n. offensive slang., pl. -gos. Used as a disparaging term for a foreigner in Latin America, especially an American or English person." Put in a different ethnic context, just because Gaijin won the war and got the right to be treated with respect in Japan does not make the term any nicer than Chinese "yang guis/gweilo" or "white demon", hairy big-nosed monkey, round eyes or any of the terms with which East Asians routinely disparage Westerners and Africans but which are not always meant as more than a casual description by the person using them. Mr. Murray letter's simple point (10/09/08 ID), which JMG's letter objects to, is that folks shouldn't have it both ways. It is disingenuous to complain the racism of the "wops", the "bohunks", the "spics" or whoever is the enemy group du jour. That sort of criticism is not opposition to racism, but simply a fervent desire for your own side to win and the other to be the more degraded one. Racism, like imperialism is not a Western monopoly, just a Western concept - it never occurred to most other cultures to criticize it as such. As for Victor Gomez's letter (10/10/08 ID) about his letter's use of the term "gringo" and his letter's apology. As far as I am concerned, apology accepted and I believe that the letter really didn't mean anything by it. I'll wager dollars to donuts others will accept it too.

    Honza Prchal, Esq.
    Birmingham, AL

    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