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Immigration Daily

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Immigration Daily December 31, 2008
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We welcome readers to share their opinion and ideas with us by writing to


H-1B For Experts

ILW.COM is pleased to announce a new 3-part telephone seminar series "H-1B For Experts" with discussion leader Karen Weinstock. The curriculum is as follows:

FIRST Phone Session on January 14:

  • Strategic considerations when first considering an H-1B case; Should you even bother filing with the cap issues?

  • When can we use multiple filings to get two bites at the cap?

  • Discussion of advanced cap exempt strategies (previously counted, employed AT a qualifying facility, higher education, affiliated with, government or non-profit research, physicians, concurrent employment).

  • New cutting edge occupations and combination of occupations - will they qualify for H-1B?

  • Consulting companies H-1B and issues surrounding them: who is really the employer?

  • Self-employment on H-1B?!

  • Strategic considerations for existing H-1Bs changing jobs or employers

  • Complex portability issues and change in job duties

  • Strategic considerations beyond the H-1B towards green card options and why it is important to plan in advance and consider both

SECOND Phone Session on February 11:

  • Analyzing Labor Condition Application in detail

  • Confirming that the H-1B employer meets the LCA attestations (single employer, required wage, benefits, public access file, posting, no-benching, recruitment and non-displacement)

  • Actual vs. prevailing wage analysis

  • Prevailing wage issues: can anything be done when the company cannot pay the required wage?

  • What about deducting attorney fees from the required wage?

  • Dependency issues that affect the dependent and non-dependent employer

  • What is a Public Access File and what documents are included in it?

  • What additions in Public Access File are required for dependent employer?

  • How to define exempt H-1B workers?

  • Roving employees: definition of place of employment/worksite; 30/60 day rule; recordkeeping and posting issues

  • Documentary requirements in case of an audit.

  • When does the company's requirement to pay end?

  • Liquidated damages vs. penalty issues

  • A current review of enforcement issues and DOL assessment of back wages and other penalties.

THIRD Phone Session on March 4:

  • Complex educational and work equivalency evaluations, degree mismatch issues

  • Problematic Occupations: Marketing Analyst, IT consultants, specialty nurses, etc.

  • Representing the H-1B employer in financial difficulty

  • The impact of corporate reorganizations on H-1B statu

  • How to deal with gaps in employment, including lay-offs, downsizing, leaves of absence, resignations?

  • Overview of options from H-1Bs to green cards; What to do when EB-3 visas are unavailable?

  • Extending H-1B status beyond the normal six-year limit including new rules and new policy interpretations

  • Maintaining H-1B status vs. AOS portability with an EAD

  • Complex travel problems on H-1B and AOS
The deadline to sign up is Wednesday, January 13th. For more info, including speaker bios, detailed curriculum, and registration information, please see: Fax version:


New To America
New2Usa provides information to immigrants on issues commonly faced when adjusting to life in the US.

A Child Alone And Without Papers
Amy Thompson et al. for the Center For Public Policy Priorities write "What really happens to the estimated 43,0001 unaccompanied undocumented children who are removed from the United States?"

Immigrants Of The Week: Tariq Farid, Anna Friel, and Dani Rodrick
Greg Siskind honors immigrants of the week.

To submit an Article for consideration, write to


DHS Announces Malta Joins Visa Waiver Program
DHS published notice in the Federal Register that Malta has been added to the list of countries authorized to participate in the Visa Waiver Program, effective December 30, 2008.


J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with AIESEC United States. For 50 years, AIESEC U.S. has offered foreign nationals the opportunity to grow both personally and professionally by sponsoring exchange visitor traineeships. Enjoy unparalleled customer service, including in-depth guidance on J-1 Trainee visa regulations and the changes effective July 2007. We also offer logistical and cultural reception services in locations nationwide. Expect a 24-48 hr. application processing time. The J-1 Trainee visa can be used for individuals to participate in training programs in the following fields: information media and communications, education, social sciences, library science, counseling and social services, management, business, commerce and finance, the sciences, engineering, architecture, mathematics and industrial occupations, public administration, and law. Attorneys interested in learning more about AIESEC United States and the J-1 Trainee visa, please email Melany Hamner:

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.

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 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and 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

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


Time To Build Trust On Immigration
If Janet Napolitano had her way, the nominee to head Homeland Security would take a two-track approach to solving America's illegal immigration problem.

Tactics Will Change, But Goals Of Immigration Reform Advocates Remain The Same
Rep. Lance Kinzer, the Olathe Republican who sponsored a comprehensive immigration reform bill that failed to make it through the 2008 Legislature, said lessons learned during that campaign will guide his latest effort to crack down on illegal immigration.

Conservatives Look To Flake To Rescue The Republican Party
Jeff Flake is positioning himself as Arizona's Republican maverick for the future.

President Bush Offers Advice To The GOP On Immigration
During a speech to the American Enterprise Institute, President Bush gave advice to the Republican Party: "Tone down the "anti" rhetoric in the immigration debate, which soured many Hispanics toward the GOP".


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 Attorney
Reina & Bates Immigration Law Group is pleased to announce that Robert D. Kershaw has joined the firm. Mr. Kershaw continues his H-2B/H-2A visa practice.


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:
In response to Jim Robert's letter (12/29/08 ID), I agree that focusing on the empathetic approach to illegal immigration serves no real purpose. As a nation of laws, all present with our borders must respect the law, including illegal immigrants. That they have flaunted the law for the more than twenty years since the Amnesty of 1986, continually asking, "When will the next Amnesty be?," should not be rewarded with a blanket Amnesty as in 1986 and the answer should be, "Never, and don't flaunt our laws." That being said, our laws, in the venacular of youth, "Suck." It is time to change them to adapt to the needs of US employers who need both temporary and permanent labor "to do the jobs American will not do". As to California, mentioned in Mr. Roberts's letter, whose Gross Domestic Product is within the top six in the world, with no army to support, I, as a California resident for 38 years, can only say to the California legislature, shame, shame. Shame for letting the budget get away from you for decades; but, as Mr. Robert's letter infers, don't blame illegal immigrants, blame wreckless and irresponsible spending, administration after administration, Republican and Democrat, with legislators sucking of the teat of the government to such excess as to be unfathomable. It is time to stop wasteful porkbarrel governmental spending, pandering to lobbiests and their perks. The financial crisis in which the world today finds itself is a monument to greed and incompetence. What can we expect now that goverments have been found impotent and corporate leaders found corrupt? Is doomsday around the corner? If so, the debate over immigration seems moot. Happy New Year.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Regarding David D. Murray, Esq.'s (12/15/08) response to my (12/11/08 ID) letter concerning what is a "natural born Citizen," I was shocked that a member of a bar would comment on another attorney's opinion in such a self-righteous manner. I have simply expressed my personal opinion and raised questions but his letter seems to have the definitive answers on such a complex subject which has never been addressed by our U.S. Supreme Court. For example, why did the Framers write in Article II: "No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution shall be eligible to the Office of President ..." Why are there two types of citizens in this clause: "natural born Citizens" and "Citizens . . . at the time of the Adoption of this Constitution." Who are the Founders placed in this latter group and why they deemed it necessary to distinguish between the two types. Further, I would like an explanation why so many of the same Founding Fathers in the Naturalization Act of 1790 (1 Stat.103,104) said: And the children of citizens of the United States that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens." But then in 1795 amended that Act by removing the words "natural born" from the term "natural born citizen" and just leaving it citizens." I realize this is not the proper forum for such complex legal arguments. I also note that Mr. Murray's letter avoids the other main issue: has Obama provided the American people with credible and sufficient proof that he was born on U.S. soil?

Mario Apuzzo, Esq.
Jamesburg, NJ

Dear Editor:
ID is correct in saying that there is a large amount of hostility towards H1-B (12/29/08 ID comment). This program is the largest immigration fraud in American history, and the voters have figured out that the purpose of the H1-B visa program is to prvent their children from living in the middle class by importing cheap foreign workers to take all of the good jobs. Any politician who accepts money from the Indian government's front groups in exchange for supporting H1-B is guilty of treason. Yes, there's a lot of hostility out here.

Dave Chapman

Dear Editor:
Now we shall see how the Democrats in both Houses will work to make Immigration accessible to those that needs it (12/29/08 ID comment). The Dream Act is absolutely a good bill however, those immigrant without status should get some benefit if they have integrated in the mainline paying their taxes in all respect and complying with what each of us want to be free. In the next 100 days something should happen if it will.

Gladys C. Farris

Dear Editor:
In response to the fact that Restrictionists have recently decided to play the "unemployment card," in a last ditch effort to postpone the inevitable, (CIR), I would like to point out fundamental facts that the Restrictionists would have us overlook. Every business that I know has downsized to their bare minimum to ride out this storm. They have kept only their most experienced, cost effective, and productive workforce. Most of the jobs in our country are created by small to medium sized businesses, and in a down economy, most jobs are lost in these sectors as well. It is not coincidental that most undocumented immigrants work in these sectors. Unemployment is higher among the undocumented then the documented, but still, several million undocumented are still employed in these sectors. Restrictionists now advocate that we fire and/or deport all of these people, and give these jobs to unemployed legal workers, and I can understand the underlying yet overly simplistic logic inherent in that emotional decision. Unfortunately, they are suggesting that we force our most important business sectors to lose millions of their experienced and productive workers, arguably the "last ditch" lifeblood of their struggling businesses, and instead hire millions of trainees. It usually takes at least 6 months of training to bring an employee up to speed, (and that assumes that the new employee works out - a huge assumption). The Restrictionists are advocating that we do this at the worst possible time, just as these companies are fighting for their lives, and are barely keeping their heads at the waterline, much less above it. Simple solutions sound good because they're easy to understand. Unfortunately, in this economy, we need advanced solutions, not simple ones. We need far reaching solutions, not archaic ones. We need informed solutions, not misguided or misinformed ones.

Robert Gittelson

Dear Editor:
Mr. Guzzardi's Article (12/30/08 ID) may predict there will be no "amnesty" in 2009, but ones may also say there will and should be immigration amnesty again in 2009 because it's a common sense thing to do. Legalize the illegals so they can pay taxes and contribute to they system and make them as full member of our society. I am really sad and regret that there are still many fellow Americans feel the sense of entitlements just because they're holding US passports in the competitive and globalized world economy not because they deserve and earn them by merits and working harder and smarter. Be it in the past or present, restrictionists and nativists are the same loser folks who reject the reality of life that they must compete with others and win it by merits. When we celebrate Christmas and Thanksgiving, we must thank God that the natives at that time didn't have selfish and racist "immigration laws" as we have today otherwise they would handcuffed Joseph, Mary, baby Jesus or Israelis' patriarch Jacob and deported them as "illegal immigrants", or the Native American Indians would deport the Pilgrims and all white European colonialists as invaders and unwelcomed illegal immigrants as well.

Robert Yang

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