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Immigration Daily

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Immigration Daily January 15, 2009
Previous Issues
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Business Immigration Law

ILW.COM is pleased to announce that "Business Immigration Law: Strategies For Employing Foreign Nationals" edited and co-authored by: Rodney A. Malpert and Amanda Petersen and its companion book "Business Immigration Law: Forms and Filings" published by Law Journal Press are now available for purchase on ILW.COM. Contributors to the book include Tarik H. Sultan, Roger C. Wolf, Rebecca S. Whitehouse, Charles H. Kuck, George N. Lester, IV, Richard A. Gump, Jr., Leslie K. L. Thiele, Ellen G. Yost, Nancy H. Morowitz, Vicki L. Martin-Odette. For more info, including how to order, see here. For the fax order form, see here.

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


The Nurse Immigration Book

The table of contents of this definitive work edited by Joseph Curran and Daniel Berger is as follows:

I. FOREWORD: Why A Nurse Immigration Book? By William Stock


  • H-1 Visas For Nurses By Greg Siskind and Esther Fridman
  • TN Status For Nurses By Christopher Wendt
  • Practice Pointers for Presenting TN Applications By Leslie Holman
  • An Outline Of A Typical Nurse Case, Including Consular Processing By Joseph Curran
  • Adjustment Of Status For Professional Nurses By Sylvia Boecker
  • Building International Bridges By Commission On Graduates Of Foreign Nursing Schools (CGFNS International)
  • Tips For Staffing Companies In Planning Their Posting Strategies By Ronald Nair
  • Licensure: US State Licenses For International Nurses By Patrick Curran
  • Immigration Basics For Allied Professional Healthcare Workers By Christopher Musillo
  • Managing Or Achieving Expectations: The Key To Success By Michael Hammond
  • Global Issues In Nurse Recruitment By Joseph Curran
  • The Nurse Shortage: Why It Matters By Carl Shusterman
  • Deadly Consequences: The Hidden Impact Of Americas Nursing Shortage By Stuart Anderson
  • Aiding And Abetting - Nursing Crises At Home And Abroad By Sreekanth Chagaturu and Snigdha Vallabhaneni
  • US Visa Policy Competition For International Scholars, Scientists And Skilled Workers By Phyllis Farrell Norman
  • Better Late Than Never: Workforce Supply Implications Of Later Entry Into Nursing By David Auerbach, Peter Buerhaus and Douglas Staiger
  • The Business Of Nurse Immigration By Mireille Kingma
  • Recruitment Of Workers In The Philippines: Playing Ball With The POEA By Ronald Nair
  • Successful International Nurse Recruiting By C. Philip Slaton
  • Nurse Assimilation By Yvette Mooney
  • Hospitals' Responses To Nurse Staffing Shortages By Jessica May, Gloria Bazzoli and Anneliese Gerland
  • Nurse Perspectives Of The Migration Experience By Mariah Rutherford-Olds
V. AFTERWORD: Musings After 2 Decades In Nurse Immigration By James David Acoba

For more info, and to order, please see here. For the fax order form, see here.


The Difficulties Of US Asylum Claims Based On Sexual Orientation
Swetha Sridharan for Migration Information Source writes "Asylum claims based on persecution related to a lesbian, gay, bisexual, or transgender (LGBT) individual's sexual orientation are particularly difficult to file, argue, and win even with substantial evidence of persecution and ill-treatment."

Underdeveloping Indiana
Manuel F. Ayau Cordon for the Foundation For Economic Education writes "Now let us imagine what it would mean to Indiana if it adopted the trade policies common to most underdeveloped countries."

Bloggings On Immigration Law And Policy
Greg Siskind shares the latest entries as of January 8, 2009 on his immigration law and policy blog.

To submit an Article for consideration, write to


CIS Ombudsman On AC21 Immediate Denial Notice
The CIS Ombudsman issued a notice entitled, "AC21 Issues: Did USCIS Immediately Deny Your Adjustment of Status Application Following a Change of Employment?"


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
Offering enterprise-level software and unparalleled US-based support, ImmigrationTracker is the most flexible and dependable immigration management solution on the market today. Designed by immigration attorneys and paralegals, ImmigrationTracker is often praised for its ease of use, intuitive features, and built-in immigration knowledge. As one of our customers noted, "If we had two years and unlimited funds to design our ideal immigration management system, Tracker would be it." Phil Curtis, Chin & Curtis. Find out for yourself why Tracker is the choice of: 83% of practicing Past Presidents of the AILA (American Immigration Lawyers Association, through June 2007); 86% of the 25 largest immigration law firms (IndUS Business Journal 2006); 75% of the AmLaw 200 (largest US law firms, American Lawyer Media, 2006); 3x as many globally ranked immigration attorneys as compared with other software vendors (Chambers Global and the International Who's Who of Business Immigration Lawyers, 2007). Schedule your private demo: Call 1-888-466-8757 ext. 278 or email


Democrats Face First Immigration Test
After benefiting enormously from the Latino backlash against GOP anti-immigrant race baiting Democratic legislators will have their first reality test, albeit a modest one, on this hot button issue.

Study: Female Immigrant Detainees Get Poor Care
Women held in three immigration-detention facilities in Arizona receive inadequate treatment, ranging from deficient medical care to being mixed in with people serving criminal sentences, University of Arizona researchers said Tuesday.

An Immigration Reform
George W. Bush's presidency was a missed opportunity to update immigration laws through comprehensive reform.

Lawmakers' Plans Help, Hinder Illegal Immigrants In Arkansas
A legislator filed a bill Tuesday that would ban illegal immigrants from receiving in-state tuition, state scholarships or financial aid, while another legislator is considering a bill that would have nearly the opposite effect.


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 Appointment - Founding Executive Director
Kids in Need of Defense (KIND), a Washington, D.C.-based non-governmental organization whose mission is to ensure pro bono legal counsel to unaccompanied immigrant children in the United States, announced the appointment of its founding Executive Director, Wendy Young. Ms. Young brings decades of immigration and refugee policy experience to her role at KIND. Most recently, she served as Chief Counsel on Immigration Policy in the Senate Judiciary Subcommittee on Immigration, Border Security and Refugees for Senator Edward M. Kennedy.


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:
The idea that the President-Elect has the burden of proof in regard to his citizenship is ludicrous. The burden is on the people who claim that he is not a citizen. Having nothing but fantasy to support their claim, they say that the ball is in his court because they want it to be, a position that is beyond ridiculous. In the real world, his birth certificate, his passport, the background checks that he went through as a senator, the fact that every court case on the subject has been thrown out and the fact that none of the other presidential candidates ever questioned his citizenship are more than adequate proof that he is a natural-born citizen in all respects. The naysayers need professional help if they think that any, let alone all of, the other candidates and the five conservative Republicans in the Supreme Court would have given him a free pass on being an ineligible, illegal candidate.

Sid Lachter, Esq.

Dear Editor:
I've been an immigration lawyer in the US for more than a few years now, representing immigrants and their families, and can relate to Ms. Cogill's complaint about the Homeland Security system's lack of courtesy. They don't call them "ICE" for nothing. I personally know many agents, too, and can vouch for their claim to be actual human beings. They are just people. It's not their job to be welcoming; it's their job to protect our borders from evils of many types. They are often confronted by irate people who have been traveling uncomfortably for hours or days, and often these people are not pleasant to them. So, there is a give and take on both sides. The attitude of the ICE folks is sometimes understandable, as are attitudes of admittees, and there is also unreasonableness on both sides, but the government side will win in these contests. The letter writer sounds pompous, in that she wants more respect because she is "doing us a favor" by providing us with her knowledge, and is here only with the most egalitarian of motives, probably sacrificing her life in her homeland in order to do us this favor, in spite of the "constant persecution," she must endure in order to "get on with" her life here in the US. If one feels unwelcome in one's daily life in the US, ne really should take a look at one's attitude. If someone has been mistreated by ICE, complain to them. I don't know if it does any good, but give it a try. Also, one may get more respect if one is naturalized. Dual citizenship is accepted in the US, and a lot of things are easier for US citizens than for legal residents.

John E. Shorkey, Esq.

Dear Editor:
The Center for Immigration Studies, a conservative immigration restrictionist group, recently issued a report concerning why America needs secure driver licenses, touting Real ID as an effective weapon with which to fight terrorism and illegal immigration. But besides being a multi-million dollar fiasco in this time of financial crisis, one problem with Real ID is that it is inflexible and does not address real-world issues. For instance, when lawful nonimmigrant status - like an L-1 or H-1B - is expiring and USCIS is tardy in approving the extension, the nonimmigrant's driver license expires because it is linked to the I-94 expiration date. Although still legally in the US, the lawful nonimmigrant then has no permission to drive a motor vehicle. After approval of the extension of authorized stay by USCIS, the nonimmigrant must then reapply for a driver license, reissued at great expense to all. If DMV's across the nation would issue driver licenses for lawful nonimmigrants for 90 days past the expiration of an I-94, this would go a long way in solving this problem. Driver licenses are not the way to combat terrorism or illegal immigration. Under our current system, these will exist with or without driver licenses, so Real ID is a waste of precious money and only makes life frustrating for legal nonimmigrants who get caught up in the bureacratic shuffle. Nobody needs a driver license to commit acts of terror and nobody needs a driver license to get behind the wheel of a car. Is it even believable that an illegal alien scofflaw, while flaunting Americas immigration laws, entering without inspection, working without authorization, perhaps commiting other crimes, will refrain from driving a motor vehicle just because they dont have a driver license? Ever wonder why there are so many hit and runs in California? Welcome to the monkey house.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Article 2 of the US Constitution says that "No person except a Natural Born Citizen" ... shall be eligible to be President of the United States. The 14th Amendment to the Constitution says that "all persons born in the United States...are citizens of the United States." No matter how hard one tries to twist the English language, both of these provisions, read together, can only mean that anyone born in the US is a natural born citizen and therefore eligible to be president, despite Mario Apuzzo's letters' fixation with the notion that 'natural born citizen' has a more restrictive meaning, something that has not been the case ever since the Dred Scott decision, which held that black people could not be US citizens, was overruled by the 14th Amendment. There is nothing in either provision that makes an exception in order to exclude an African-American man, born in the the racially diverse state of Hawaii, with a Muslim name, who lived as a child in Indonesia, who has a Eurasian half-sister, and whose father was from Kenya, no matter how offensive Mario Apuzzo's letters may find these ideas. Therefore, it is not the Constitution that needs to be changed; what needs to be changed is the narrow mindset of those who desperately try to read their own prejudices into the Constitution.

Roger Algase, Esq.
New York, NY

Dear Editor:
While I applaud Mort Kandracke for being the more moderate and reasonable half of the Beltway Boys' team, I strongly feel that his article, as highlighted in the ID of 1/14/08, fails to address the true urgency and value, not to mention the political realities, of a "comprehensive" approach to immigration reform legislation. Don't get me wrong. On the whole, the article is balanced and a fair representation of the state of affairs, vis a vie the immigration debate. However, what the article fails to address is that the so called, "Ag-Jobs plus" approach, which the article details, as devised by Rick Swartz of the National Immigration Forum, is a red herring that will indefinately derail the legalization provisions of a true CIR, and thus will only exacerbate the current problems of illegal entry, family unification, and bringing all but a few of the 12,000,000 undocumented out of the shadows, and on a pathway towards making them full fledged and productive members of society. Beware of the easy fix. It is easy for a reason. The problems of the many will not be solved through the helping of the few.

Robert Gittelson

Dear Editor:
Regarding the ID Letters of Jan l3th and l4th, M. Apuzzo's well written and logical response to R. Algase's letter's phony charge of "prejudice" regarding the matter of Obama's citizenship is much too polite, it's only fault. What is "plain and simple" in "pseudo" intellectual dress, is the constant race baiting and mongering from the Algase letters and others who shamelessly write such misleading nonsense, although most see through such devious drivel. The R. Yang letter should not consider the R. Algase letter of endorsement an accolade as the latter has long hid his anti-white America agenda behind the subterfuge of human rights, compassion and egalitarianism which is the height of hyprocrisy. While the Yang letter correctly calls for more selective entry, it errs in placing "humanitarian" as the primary entry concern at the expense of our national interest in which the "common sense" tools of enforcement and deportation are needed. Most of the prima facie evidence that I have seen, indicates an arrogance towards traditional America and it's interests by entry enthusiasts and an agenda for changing that, including it would appear, the Constitutional need to be a natural born citizen to be President. Matt. 19:6 is about marriage, not entry policies and it's violators. On the other hand, Matt. 7:13-14 which admonishes: "Enter ye in at the strait gate" would seem to have multiple applications from migrants to Presidential aspirants.

Jim Roberts

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