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Immigration Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily December 11, 2008
Previous Issues
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Four Domains

As announced in spring 2008, ILW.COM discontinued publication of "Immigrant's Weekly" (published from 2000 through 2007), and merged the subscription list with Immigration Daily. In consequence, we no longer need 4 domains that we have had for the last 7 years, and will be selling them to interested parties. The domains in question are:

Please bear in mind that no content is offered for sale, nor is any list of subscribers. The only thing we are selling is the domains themselves. While we prefer to sell all 4 domains together to just one buyer, we may entertain offers on one or more domains from appropriate buyers. The domains will be useful to law firms and other entities that use SEO with "immigration" as an important optimization term. They also be useful to those who use "immigration" as a keyword when buying google ads. The domains will also be useful to those law firms and other entities that have or intend to have a weekly newsletter for immigrants. First reasonable offer secures domain(s), please write to:

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.


    The H-1B Season Is Upon Us ... Other Options For H-1B Lottery Losers
    David H. Nachman Esq. asks "What is your H-1B back-up plan?"

    Economics On Trial
    Mark Skousen for the Foundation For Economic Education writes "Far from a disaster, a liberal immigration policy can be quite beneficial."

    Bloggings On Immigration Law And Policy
    Greg Siskind shares the latest entries as of December 3, 2008 on his immigration law and policy blog.

    To submit an Article for consideration, write to


    CIS Ombudsman On Schedule A Nurse Visa Processing
    CIS Ombudsman issued recommendations to the USCIS Director on how to improve "Schedule A" nurse visas processing.


    Help Wanted: Immigration Attorneys
    Washington, DC- USCIS Office of Chief Counsel (OCC) seeks experienced attorneys with 3+ years demonstrated experience in immigration law for the Adjudications Law Division (ALD). The attorneys will serve as advisors to the Chief of the ALD, the Chief Counsel, and to USCIS and other Departmental components on issues relating to U.S. immigration laws. Applicants must possess a JD degree, be an active member of the bar (any jurisdiction), and have 3+ years of post-J.D. experience in immigration law. For more info, key in Job Announcement Number: COU-CIS-2008-0013 at Submit a resume, cover letter + (2) writing samples to: Claudia Salem, Acting Chief, Adjudications Law Division at Please make sure to note in email subject header that you are applying for the Experienced Attorney Position, ALD, at USCIS. Must be received by 5pm, ET, Friday, December 19, 2008. Position is at the GS-13-GS-15 levels. This job is being filled by an alternative hiring process and is not in the competitive civil service. No relocation reimbursement available.

    Help Wanted: Immigration Attorney
    Rockville, MD - Shulman, Rogers, Gandal, Pordy & Ecker, P.A., the largest suburban MD law firm, seeks a proactive, result-oriented immigration associate with 3+ years of attorney experience in immigration law including employment-Based IV (including EB-1, EB-2, EB-3), and NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1, TN), family-Based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. Position includes supervision of paralegal and administrative staff. If you have excellent academic credentials and strong drafting skills, you will find an exciting, diverse practice with opportunity for further career development. We offer an excellent salary/benefits package. Work with an experienced team of professionals who are passionate about the practice of immigration law in a fast paced, collegial setting with all the resources of a large law firm. Submit resume to: Ms. Maura Bowen, 11921 Rockville Pike, Third Floor, Rockville, MD 20852-2743, Fax (301) 230-2891, e-mail:

    PERM Services
    At Jon Byk Advertising, Inc., we provide a wide range of services that will help fulfill your PERM recruitment requirements quickly, cost-effectively, and efficiently. With 15+ years of experience working with one of the nation's largest immigration law firms, our customer service is unparalleled. We understand the importance of meeting DOL requirements with regards to ad content, media selection, ad documentation (tear-sheets), and deadlines. We will locate publications that meet DOL and EDD requirements by geographic region, provide upfront pricing, and timely deliver original tear-sheets for all ads (print, online or broadcast). Our experience in recruitment solutions means valuable time saved for you. For more info and a free estimate, contact Mya Le at 310-476-3012 or

    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


    Regional Immigration Director Charged With Harboring Illegal Aliens
    Lorraine Henderson, the Boston area port director for U.S. Immigration and Customs Enforcement, was arrested on Dec. 5 and charged with harboring illegal aliens.

    US Resumes Deportations To Haiti
    U.S. immigration authorities have resumed deportations to Haiti after a nearly three-month reprieve following deadly storms that devastated much of the country.

    Texas' New Guidelines For Immigrant Licenses Under Fire
    Opponents of strict new driver's license requirements for foreign nationals are calling on state leaders to rescind the rules, which will make immigrants' licenses and identification cards look different from those issued to U.S. citizens.

    Being Undocumented Is Not A Criminal Offense
    Being an undocumented immigrant is not a criminal offense, it is a civil offense like driving without a license.


    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 Immigration Court - Charlotte, NC
    The Executive Office for Immigration Review announced the opening of a new immigration court in Charlotte, North Carolina as of November 4, 2008. Hours of operation: 8-4:30pm. Tel: 704-817-6140.


    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:
    I was glad to read that another immigration lawyer has been elected to Congress which could translate into fixing our disfunctional immigration laws, however I note that the most famous immigration lawyer, Congresswoman Zoe Lofgren, has not exactly lit Congress on fire even though she heads the Democrats immigration committee, hails from Silicon Valley, and has ample support from Speaker Nancy Pelosi (12/09/08 ID comment). Unfortunately, she has nothing to show for her years in Congress and given her past record the fact that she was an immigration attorney seems to be of little use in getting CIR passed in our lifetime.

    Susanna Bogue, Esq.

    Dear Editor:
    I take issue with ID's characterization of Leo C. Donofrio's lawsuit as "frivolous" (see 12/10/08 ID comment). I have pondered what did the Constitutional Framers mean when they used the term "natural born Citizen" in Article II of the Constitution.There's still a dispute as to whether Obama was born on U.S. soil. But even if Obama was born in Hawaii, there is no dispute that Obama's father was not a USC at the time of his birth, but rather a citizen of Great Britain. Hence, we have the makings of the current Constitutional debate. Some argue that U.S. citizenship status should not be determined by what citizenship status some other nation may bestow upon a child born on U.S. soil and that just being born on U.S. soil is sufficient. The example is that the citizenship of a child born on U.S. soil should not be influenced or controlled by what Great Britain said in its naturalization acts and that our own laws alone should control that child's citizenship status. The problem with this argument is that just being born on U.S. soil makes one a U.S. citizen but does not necessarily make one a natural born Citizen as that term is used in Article II of the U.S. Constitution. It's clear from the Constitution and later Congressional Acts and the 14th Amendment that the Framers distinguished between "natural born Citizen" and just "citizen." We're now confronted with determining as a Nation what the Framers meant by "natural born Citizen" as the term applies to the Office of President. This is a critically important task. Appropriate action must be taken so that our Nation will know what is meant by this Constitutional term and whether Obama meets its requirements. Those who believe in the importance of this matter should leave no stone unturned in having this issue properly and timely decided.

    Mario Apuzzo, Esq.
    Jamesburg, NJ

    Editor's note: This letter is a shortened version (edited to conform to 300-word limit) submitted to Immigration Daily. The original letter to the Editor can be viewed in its entirety at our Attorney2Attorney discussion board.

    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