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Immigration Daily

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Immigration Daily October 24, 2008
Previous Issues
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Counterfeit Border Cards

The Wall Street Journal reports "New U.S. border-crossing cards can be copied and remotely disabled with off-the-shelf equipment, researchers said, the latest finding of security weaknesses in wireless technology." 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.


    Bloggings on Nurse Immigration
    Christopher T. Musillo of the Hammond Law Group shares the latest entries as of October 18, 2008 on his nurse immigration blog.

    Immigrants Of The Day: Mira Nair of India, Lidia Maticchio Bastianich of Croatia, and Kieu Chinh of Vietnam
    Kevin R. Johnson celebrates the achievements of these immigrants.

    To submit an Article for consideration, write to


    DHS Announces Supplemental No-Match Final Rule
    DHS published notice of a supplemental final rule that provides additional background and analysis for the department's No-Match Rule.

    DHS Final Rule Exempts A File And SEVIS From Privacy Protections
    DHS published notice of a final rule, effective October 23, 2008, to amend its regulations to exempt portions of a new system of records entitled the "Immigration and Customs Enforcement General Counsel Electronic Management System" (GEMS) from certain provisions of the Privacy Act. For the A File final rule, see here. For the SEVIS final rule, see here.


    Help Wanted: Immigration Paralegal
    St. Louis, MO - Stinson Morrison Hecker LLP seeks an experienced paralegal to assist in case management and preparation of a wide range of employment-based immigrant and non-immigrant petitions, PERM applications and Adjustment of Status applications. Stinson Morrison Hecker LLP is one of the nation's largest law firms, with 335 attorneys in eight offices with experience in more than 45 practice areas, and represents clients in a full range of corporate, transaction and litigation matters. For more information see: Please send resume with salary requirement to Lisa K. Lange at:

    Help Wanted: Immigration Paralegal
    New York, NY - Klasko, Rulon, Stock & Seltzer, LLP, a nationally-known immigration law firm, seeks 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 1-3 years of employment-based immigration experience. Fax resume and salary history/requirements to (215)-825-8699 or E-mail:

    Help Wanted: Immigration Attorney
    El Paso, TX - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel. Responsibilities include providing on-site legal advice to the local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security, and providing litigation support to U.S. Attorneys' Offices on cases arising from local District adjudications. Applicants must possess a JD degree, be an active member of the bar (any jusrisdiction) and have 2+ years of post JD experience. For more info, key in Job Announcement Number: COU-CIS-2008-0012 at Submit a resume, cover letter + writing sample to: Must be received by close of business Friday, October 24, 2008. Position is at the GS-13-GS-15 levels, open until filled. No relocation reimbursement available.

    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:

    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

    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.


    Pelosi Says Congress Unlikely To Approve Tax Rebate Before President Bush Leaves Office
    The estimated 12 million immigrants in the U.S. illegally "are part of the U.S. economy. We cannot send them all home, and we cannot send them all to jail, so we have to address it," Pelosi said.

    Deportations Create Dilemma For Families With Young U.S. Citizens
    Amid the biggest wave of repatriations and deportations in decades, these children are being pulled in two directions a situation that the U.S. government blames on the parents.

    Immigration: How Much of a Burden Must Employers Bear?
    The candidates' immigration plans at a glance.

    The Republican Party After Bush
    One issue sure to be contentious in a post-Bush GOP is immigration.


    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.

    Honors And Awards - The Best Lawyers In America
    The firm of Larrabee Mehlman Albi Coker LLP is pleased to announced that its partners, Sharon Mehlman, Fausta Albi and Diana Vellos Coker, have been selected to be included in The Best Lawyers in America in the specialty of immigration law.


    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 (10/23/2008 ID) accuses me of calling for "more liberal laws to allow even more entrants than the millions who have recently arrived". I take umbrage to this misleading and inaccurate statement. To set the record straight, among other things, I support the enactment of legislation that will (1) provide adequate funding to the USCIS; (2) recognize that the US needs a certain amount of temporary labor to fill professional and specialty occupation positions, without artificial and nonsensical quotas while eliminating fraud; (3) recognize that the US needs a certain amount of temporary labor to assist in seasonal and temporary work; (4) enforce strict employer sanctions for hiring undocumented workers; (5) deny immigration benefits to willful violators; (6) streamline permanent residence procedures for spouses of US citizens both abroad and in the US; (7) eliminate the prohibition against "dual intent"; (8) eliminate the concept of abandonment of an application for permanent residence if the applicant leaves the USA while the application is pending; (9) deny permanent residence to those who work without authorization; (10) deny citizenship to a child born in the US unless at least one parent is a US citizen or permanent resident; (11) eliminate the brother/sister category and adult children categories in family based immigration; (12) put welfare recipients to work in the place of illegal aliens. I oppose illegal immigration and oppose an amnesty of any sort, dressed up as "comprehensive immigration reform," or otherwise. I recognize that we can't deport 11 million illegals and favor deportation by attrition through strict enforcement in the work place and denial of social benefits. I hope I have made myself clear and invite others to state their 12-point plan for immigration reform.

    David D. Murray, Esq.
    Newport Beach, CA

    Dear Editor:
    At last, I just read the letter of Mr David D Murray Esq. from Newport Beach Ca (10/23/08 ID). I couldn't agree more, and basically that's what I've been trying to say all along, He is totally right on both mentioned issues, one regarding "dual intent" and it's consequences on Visa denials and the other no less important of the Jobs that most American/legal residents simply won't do, so like he says it's time for some real immigration legislation for temporary workers much needed in the USA, so they can come and be hired Legally and not having to jump the fence or risk their lives entering alone or with Human Traffickiers that in many instances just abandon them at their own luck. Remember, many die in their intent, it is time to stop this, is time to make that change of a real immigration reform.

    Victor Gomez Llanos, Esq.
    Mazatlan, Mexico

    Dear Editor:
    I agree with David Murray's letters most of the time, and his letter of 10/22/08 was no exception. I agreed with most of his letter. However, I strongly disagree with his letter's conclusion, particularly it's assertion that, "the former "comprehensive immigration" bills that would lead to a "path to citizenship" is bunk. Amnesty did not work in 1986 and it won't work now." If we just threw our hands up in the air and gave up every time a new concept was tried and failed, we would probably still be living in the dark ages. I give us much more credit than that. I believe that if systems were put in place to "comprehensively" verify that all future employees in this country had to have biometric identification in order to work, and that if it will be impossible to obtain that biometric ID if you are unable to document that you had arrived and settled here prior to a certain cut-off date, (say 12/31/08), then 90+% of the problems associated with the '86 amnesty would be rectified. We will need the political will to pass CIR, and just as importantly, we will need the political will to enforce it once it becomes the new law of the land. I believe that to try for only "half a loaf" would doom the measure to failure. The majority of these people have been here for over five years, and have no home to speak of to return to. The net result would be a permanent underclass of non-citizens that are, for lack of a better phrase, "stuck here as lifelong serfs." I believe that, as good 'ole Mike Huckabee said in a debate, "we are a better country than that."

    Robert Gittelson

    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