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Immigration Daily January 20, 2009
Previous Issues
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Farewell Mr Bush

America bids farewell to President Bush on Tuesday, and welcomes Mr. Obama to the Presidency. We pause at this moment to briefly consider Mr. Bush's immigration record, as it will likely appear in the long view of history. We realize that history will judge Mr. Bush on the larger issues of keeping the country safe after 9/11, the wisdom or lack thereof of the Iraq war, the fate of civil liberties during the Bush years, and many others. We make no comment on any of those, our purpose is simply to take the big picture on immigration.

As far as the executive branch is concerned, there's a lot of well-deserved criticism to hand out. One thing stands out as particularly bad. Immigration enforcement towards the last few years of Mr. Bush's presidency was heavy-handed to the point of being inhumane. Especially inhumane was the treatment of families with young children where unweaned infants were separated from their mothers, and parents were often arrested without provision being made for young children in their care. Also especially inhumane was the treatment of detained women who were often chained to a hospital bed even when in labor. The general treatment of immigration detainees bordered on the abusive, at least insofaras the mentality of the custodians and their high level supervisors is concerned. Mr. Obama would do well to quickly and forcefully undo this deplorable chapter of our immigration history.

The record is quite the opposite when looking at Mr. Bush's prodigious efforts on the legislative front. In our opinion, no President in American history has worked quite as hard and at so high a cost as Mr. Bush, to secure immigration benefits legislation from Congress. Despite suffering vicious attacks from racists within the Republican party, Mr. Bush tried valiantly several times (including with McCain-Kennedy and with Kennedy-Kyl) to get Congress to move on immigration. Mr. Bush will deserve some share of the credit when Congress ultimately gets around to CIR, in the sense of being the pioneer who paved the way, and has the arrows in his back to show for it. On this issue, Mr. Obama would do well to follow in Mr. Bush's footsteps and urge Congress to delay CIR not a moment longer.

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.


    Is My Client In A Period Of Stay Authorized By The Attorney General? It Depends On Who You Ask
    Danielle Rizzo writes "But there is a large gray area for those who have pending applications for adjustment of status but no nonimmigrant status; and for those who have timely filed applications for extension or change of status pending and whose prior status has expired."

    Fixing Border Security And Immigration: A Memo To President-Elect Obama
    Jena Baker McNeill and James Jay Carafano write "President-elect Obama, we applaud your commitment to secure our nation's borders, but securing our borders is simply one step toward protecting America and fixing our broken immigration system."

    Bloggings On PERM Labor Certification
    Joel Stewart shares the latest entries as of January 16, 2009 on his PERM Labor Certification blog.

    To submit an Article for consideration, write to


    DHS Publishes Correction To H-2B Final Rule
    The Department of Homeland Security published notice of a correction to the H-2B final rule.

    DHS Publishes Correction On Acceptable Identity Documents For Employment Eligibility Verification
    The Department of Homeland Security amended its regulations governing the types of acceptable identity and employment authorization documents and receipts that employees may present to their employers for completion of the Form I-9, Employment Eligibility Verification.

    DHS Publishes Correction To US VISIT Final Rule
    The Department of Homeland Security published corrections to the final rule which was published in the Federal Register on December 19, 2008. The pertinent regulations relate to the collection of biometric identifiers during the inspection of aliens at US ports of entry.


    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.

    Credential Evaluation And Translation
    As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:

    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


    Immigration Officials End RI Detention Contract
    Federal immigration officials have terminated their contract with a detention facility following an investigation into the death of an inmate, and several members of the local board that oversees the jail have been replaced.

    Feds Plan to Take DNA Samples of Anyone Arrested for Immigration Violations
    Had the new DOJ policy been in place, federal officials say many victims could have been spared.

    Immigration Issue Hurts GOP
    President Bush on Sunday underscored what may be the single most destructive force at work in the Republican Party: its hostility on the issue of immigration.

    Napolitano Outlines Immigration Policy
    Arizona Gov. Janet Napolitano, the nominee to be Homeland Security secretary, pledged Thursday to get tougher with employers who hire illegal workers.


    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.

    Immigration Event - New York, NY
    'National Concern, Local Action: Immigrant Integration in New York', 9:00 a.m., Thursday, February 5, 2009 The Great Hall at Shepard Hall,City College of New York, 139th and Amsterdam Ave., New York, N.Y. 10031. Admittance to the conference is free, however attendees must register in advance and registration for the luncheon will close on January 23rd.


    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:
    1. Obama publicly produced exactly what Hawaii issues to everyone who orders a birth certificate. If it is not, in fact, a birth certificate, neither is anyone else's and Hawaii needs Mr. Apuzzo's help to straighten out the mess. 2. Homeland security is under federal, not Hawaiian, jurisdiction. 3. Mr. Apuzzo's letter states that because John McCain's and Roger Calero's citizenship was challenged, they and their parties would not challenge Obama's. What about the Democratic presidential primary candidates other than Obama? All of them are unquestionably natural born citizens, and none of them said a word about Obama's citizenship. Please, enlighten us on why. There must be an obvious answer that the overwhelming majority of us are not perceptive enough to think of on our own.

    Sid Lachter, Esq.

    Dear Editor:
    Jim Roberts' 1/16/09 letter has finally come up with a seemingly serious Constitutional argument against holding that Barack Obama is a "natural born" US citizen, even if it is conceded that he was born in the US. Unfortunately for those who agree with Mr. Roberts' and Mr. Apuzzo's letters, the US Supreme Court carefully considered this argument and explicitly rejected it more than 100 years ago, in US v. Wong Kim Ark (1898). Also unfortunately for those who claim that racism has nothing to do with this issue, the dissent in that case specifically relied on a overtly racist argument to support its contrary position. Wong Kim Ark was born in the US to parents who were both Chinese citizens, and therefore racially ineligible to become US citizens because of the Chinese exclusion laws. The US immigration authorities argued that, because Mr. Wong's parents concededly owed allegiance to a foreign power, he was not "subject to the jurisdiction of the US", and therefore not a US citizen under the 14th Amendment, even though born in the US. This is the same argument, as I understand it, that Mr. Roberts' letter makes about President-elect Obama. But the Supreme Court disagreed, holding that the intention of the 14th Amendment was to adopt the broad view of citizenship by birth of the English common law, which had long held that anyone born in England was a "natural born" citizen of England unless his parents were ambassadors or soldiers of a foreign country. The Supreme Court expressly rejected the contrary view of citizenship, held by some the US states before passage of the 14th Amendment, that made the parents' citizenship rather than the child's place of birth controlling. What would be the point of trying to reopen this issue now, which was so clearly settled 110 years ago?

    Roger Algase, Esq.
    New York, NY

    Dear Editor:
    Regarding the ID Letters of Jan.16th, S. Sheplov eloquently defends the importance of marriage in society with which few could disagree, certainly not myself. But Jesus taught many things including: "Render therefore unto Ceasar the things that are Ceasar's" (Matt. 22:21) thus acknowledging the state and it's sovereignty in secular matters. Ideally, the state is charged with looking after it's citizens interests including limited and controlled entry. The state does not preclude families from returning to their native lands to be together. Thus it is the individual that makes the final decision to remove him/her self from family in such situtions as the state has to draw the line somewhere regarding entry numbers. Everyone wants a free pass. If the letters of R. Algase sets forth uninformed, illogical, racially biased opinions, why should his letters be exempt from being called on it? Responding to D. Murray's letter, I would say that my comments (1/15/09 ID) did refer to the RA letters/opinions as is ID protocol and accurately described my opinion regarding them. Readers can make their own assessments. Truth has always been a defense against defamation and always serves a "useful purpose". No letters have engaged in more "name-calling" and baseless charges of racism than the letters of RA who admits to being: "highly critical of Mario Apuzzo's letters because of their stubborn and irrational refusal to follow" RA's opinion and interpretation, flawed as they are. There is no humble search for truth in this revealing comment, only the dogmatic, intolerant labelling of other views as deficient. These are facts, not personal attacks. If the blind are allowed to lead, all "shall fall into the ditch" (Matt. 15:14).

    Jim Roberts

    Dear Editor:
    Apparently ID knows a Sergi Sheplov who is also an attorney. However, the letter to the Editor that was written and appeared in the 1/16/09 ID issue was written by me. I wanted to clarify I am not an attorney nor do I play one on TV.

    Sergi Sheplov

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    Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X