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Immigration Daily

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Immigration Daily January 13, 2009
Previous Issues
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Judiciary Reshuffle

The Irish Echo reports "As the newly elected U.S. Congress convened this week the decision by Senator Edward Kennedy to step down from the Senate Judiciary Committee and the panel's immigration subcommittee, which he chaired, not only creates a vacancy but is also generating uncertainty among advocates for comprehensive immigration reform." For the full story, see here.

We welcome readers to share their opinion and ideas with us by writing to


Deadline Is Tuesday, Jan 13th for H-1B For Experts

Tuesday, Jan 13th is the deadline for "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 Tuesday, January 13th. For more info, including speaker bios, detailed curriculum, and registration information, please see: Fax version:


USCIS Issues Burdensome RFEs Targeting Computer Consulting Companies
Cora-Ann V. Pestaina writes "Recently, the USCIS started issuing a slew of Requests for Evidence, specifically targeting computer consulting companies, even companies that are well established."

The Barrio Azteca Trial And The Prison Gang-Cartel Interface
Fred Burton and Ben West write "Of course, Barrio Azteca is not the only prison gang operating in the United States with ties to Mexico."

Bloggings On PERM Labor Certification
Joel Stewart shares the latest entries as of January 10, 2009 on his PERM Labor Certification blog.

To submit an Article for consideration, write to


DHS Issues ESTA Travel Reminder
DHS reminded travelers from all Visa Waiver Program (VWP) countries that they are now required to obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the US.

ETA Releases Contact Information For Employers
DOL's ETA released two email addresses for employers with questions regarding the H-2B or H-2A final rules. For the contact emails, see here. For the H-2B final rule text, see here. For the H-2A final rule text, see here.

DOS Maintains Foreign Terrorist Organization For MEK
The Department of State published notice in the Federal Register that the designation of Mujahedin-e Khalq Organization as a foreign terrorist organization shall remain.


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. Please send resume with salary requirement to Lisa K Lange at:

Help Wanted: Immigration Paralegal
Downtown Washington, DC firm seeks mature and responsible senior business immigration paralegal with 4+ years experience in business immigration cases, including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and EB-2) and PERM. Must be capable of independent work, including legal research, intensive client contact and drafting responses to complex RFEs and NOIDs. Bilingual Spanish/English speaker preferred. Must have bachelor's degree and excellent native-level English writing skills. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. Salary commensurate with experience. Please email resume, references and writing sample to No calls please.

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

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.


Gop Future: Bush's Immigration Advice
"It's very important for our party not to narrow its focus, not to become so inward-looking that we drive people away from a philosophy that is compassionate and decent", the president said in an interview on 'Fox News Sunday'.

Napolitano Discusses Immigration, Smelling Oranges And The "Last Nut To Crack"
She said she's not certain whether immigration reform will be given priority by Congress in the next two years now that the economy has become such an overwhelming concern.

Push on Immigration Crimes Is Said to Shift Focus
Bush administration officials say the government's focus on immigration crimes is an outgrowth of its counterterrorism strategy and vigorous pursuit of immigrants with criminal records.

Everett P. Anderson: Let's Try These Immigration Resolutions
As an old immigration lawyer, I write to respectfully offer my New Year's resolutions for immigration reform in 2009.


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 Offices - Raleigh, NC
Raleigh, NC Laura Edgerton, Esq. announces that she has opened a new immigration law practice, Edgerton Immigration Law, PLLC (, an immigration law firm with the experience and knowledge to handle a wide range of needs for corporations and individuals. The firm opened in December 2008 at 3737 Glenwood Avenue, Suite 100 in Raleigh, NC.


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:
Mario Apuzzo's January 12 letter argues that if the Constitution is looked at through the lens of "national security" as the framers could have allegedly understood it, President-elect Obama might not be considered a "natural-born" US citizen. This caricature of "original intent" is even more absurd than the attempts in Mr. Apuzzo's previous letters to impugn the validity of Barack Obama's US birth certificate or to find a mystical Constitutional distinction between a "natural born" US citizen and a citizen by birth in the US. Admittedly, when the Constitution was adopted, choosing a president with an African father and a white mother would have undoubtedly led to chaos and violence, causing the dissolution of the Republic, something hardly consistent with "national security". But that was seven decades before the 14th Amendment and more than 200 years before the racially diverse America of the early 21st Century. Mr. Apuzzo's letter also suggests a possible conflict of allegiance because Barack Obama had a foreign parent. But were not the founding fathers all previously loyal to England, America's enemy during the Revolutionary War? Obviously, what Mr. Apuzzo's letter means by national security and dual allegiance has little to do with the world of America's founders. Instead, it is apparent that the idea of a black president, born in the racially diverse state of Hawaii, who lived in Indonesia as a child, who has a Muslim name, and whose father was from Africa, simply does not fit with Mr. Apuzzo's letters' views about what it means to be an American. But that is not Constitutional interpretation. It is nothing more than plain and simple prejudice, in pseudo-Constitutional dress.

Roger Algase, Esq.
New York, NY

Dear Editor:
Sen. Leahy and others who sponsored S 9 CIR bill have finally understand the common sense approach on immigration reform.It's inhumane, not feasible and will create total chaos and economic collapse if millions of people suddenly have to be deported at once. CIR in 2009 should be smart, inclusive which also gives second chance on political asylum applicants who have exhausted all avenues of laws, out of luck and ordered deported like President Obama's Kenyan aunt to benefit from this CIR instead of yesterday border jumpers who have no papers at all and never contribute at all. CIR must sensible and fair, to emphasize on skills and earned net contribution to our society instead of endless family chain immigration and letting immigrants to come and collect welfare checks they never contributed for. Smarter and flexible visas policies to encourage tourism, trades and investments that benefit our sagging economy. We must end our foolish 60 seconds visa interview at our consulates overseas that often deny eligible trusted and wealthy foreign applicants without good reasons who truly want to visit our country for leisure and businesses not working illegally and outsource those financial scrunity and visa applicants' eligibility to local reputable travel bureaus to act as the guarantors to ensure all their tour group members will be back after their visits have concluded. CIR must have humanitarian and compassionate waiver provisions to unite families of legal US citizens and residents whose spouses got deported by past immigration violations and they may amend those violation by community service or and fines instead. We must screen immigrants who believe in our shared values of freedom of speech and religions, equal rights for all and separation of states and religions. It's time for common sense to rule.

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 1995-2008 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