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Immigration Daily February 3, 2009
Previous Issues
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No Enforcement Without Benefits

Congressional authorization for E-Verify expires on March 6th (as it does for Religious worker visas and the EB-5 program), and this has the anti-immigrationists worked up in a frenzy. In the dying days of the last Congress, the House agreed to a 5-year reauthorization of E-Verify. The Senate agreed to go along with the proviso that half a million visas be "recaptured" giving relief to legal immigrants waiting patiently in line for years, and in some cases decades, for their turn. These visas had been undercounted due to errors by the INS/USCIS, so there is no increase in immigration involved. Sen. Menendez was responsible for insisting on some benefits in exchange for the anti-immigrationists' top enforcement priority. Due to the resulting impasse between the two chambers, the matter was deferred to March 6th.

Despite the overwhelming voice of the people in November, not much appears to have changed in the House of Representatives. Two Republicans on the House Appropriations Committee proposed attaching E-Verify to the gigantic catch-all economic stimulus bill currently the country's top priority, and the Democrats on that committee meekly agreed to do so without any dissent (so much for any show of support by the Democrats toward immigrants). A senior member of the Democratic leadership in the House is quoted as saying that "I think that they can make this one die in the Senate". We can expect that the anti-immigrationists will flood the Senate with thousands of calls and faxes on E-Verify during this week to deny legal immigrants any relief from lengthy separations from their families in the US. All this for a program that has been repeatedly criticized as denying jobs to USCs and LPRs due to database errors and which will delay Economic Stimulus relief from getting to the hands of those who need it (since the House bill conditions relief only to those employers enrolled in E-Verify). As Arizona learnt the hard way, most employers are in no hurry to enroll in E-Verify, the anti-immigrationists are asking Congress to sacrifice any chance of economic recovery in order to aid the antis in their racist goals of impeding legal immigration.

We urge the United States Senate and Sen. Menendez in particular to insist that any reauthorization of E-Verify include some benefits, at a minimum the recapture provision, plus hopefully some more benefits such as the nurse relief provisions which have been pending for a long time. There is no point in enforcing immigration law if there are no immigration benefits that law-abiding immigrants and employers can avail themselves of, such enforcement is racism in another guise. We urge our readers to contact the US Senate (and the media) to reject the racists' vision of America and to embrace instead a view of America consistent with the best in our history - America as a nation of immigrants.

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.


    Back To School: Immigration Issues for Students and Universities
    Alice Yardum-Hunter, et al. share the citations for this recently concluded seminar series.

    The 1965 Immigration Reforms And The New York Times: Context, Coverage, And Long-Term Consequences
    William McGowan for the Center for Immigration Studies writes "Accusations of liberal bias at The New York Times date back decades, and given the tide of PC coursing so strongly through its pages on a daily basis now, its tempting to think that bias has always been part of its institutional DNA."

    Bloggings On PERM Labor Certification
    Joel Stewart writes "The DOL has announced training sessions on the new 9089 form for PERM applications."

    To submit an Article for consideration, write to


    USCIS Delays Rule Changing Employment Eligibility Verification Document List
    USCIS announced it has delayed by 60 days, until April 3, 2009, the implementation of an interim final rule entitled Documents Acceptable for Employment Eligibility Verification published in the Federal Register on Dec. 17, 2008.

    DHS Secretary Napolitano Issues Immigration And Border Security Directive
    DHS Secretary Napolitano issued an action directive on immigration and border security.


    Help Wanted: Immigration Attorney
    Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks experienced attorney for Associate Regional Counsel position, USCIS OCC, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be active bar member (any jurisdiction), and have 2+ years of post-JD experience in immigration law. For more info, key in Job Announcement Number: COU-CIS-2009-0002 at Preference is given to applicants with immigration law experience, a background in federal litigation, an excellent academic record, and strong writing skills. Submit a resume, cover letter + writing sample (max. 10 pps.) to: Kelli J. Duehning, Western Regional Counsel, USCIS Office of the Chief Counsel at Must be received by close of business, Tuesday, February 10, 2009. Position is at the GS-13/14/15 levels and is open until filled. No relocation reimbursement available.

    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:

    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:


    Immigration is Losing Urgency as Top Issue
    The punches keep coming from both sides, but the slugfest over immigration may be losing some of its urgency.

    Priorities Of Immigration Advocates Are Out Of Step
    Despite a Latino coalition's pitch to Obama, amnesty and higher levels of immigration are not the top concerns of Latino voters.

    Gillibrand Meets With City Lawmakers On Immigration
    Seeking to mollify Hispanic lawmakers wary of her stance on immigration, Sen. Kirsten Gillibrand yesterday told a group of 16 New York City politicians that she will use the group as a sounding board to help form her immigration policy, Assemb. Peter Rivera said.

    RNC Chairman Michael Steele on 'FOX News Sunday'
    I think the GOP's position on immigration is very much the position of many, many Hispanics who are in this country.


    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 - DHS Principal Deputy General Counsel
    Secretary Janet Napolitano announced the appointment of David A. Martin to the Principal Deputy General Counsel position. David A. Martin was a former member of President Obama's DHS agency review and transition team, Warner-Booker Distinguished Professor of International Law at the University of Virginia School of Law, and former General Counsel for the Immigration and Naturalization Service, U.S. Department of Justice.


    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:
    Judd Gregg is a visionary and knows that to help this country legally and economic Immigration bills must be activated in Congress and Senate (02/03/09 ID comment). I can understand President Obama wanted Judd Gregg in his Cabinet because our population in general are not so knowledgeable how the US has gotten in what we now stand economical and how much the immigrants can help us out.

    Gladys C. Farris

    Dear Editor:
    Please inform all advocates of immigration reform to drumbeat this strong point in favor of the recipients of CIR: they can help the economy going when they become legal by providing cash to the government in the form of fees and charges for their appications, fines,back and current taxes. There will also be a huge amount of money to be spent in the purchase of vehicles, fees and charges with the DMV, insurance etc. When they will be legal they will be able to purchase life and health insurance... get credit cards for retail purchases homes.. and go to school... these these recipients for CIR can do so much for our economy if given the chance .. and right now is the right time for them to help the country that has been helping them.

    Josephine Padama

    Dear Editor:
    If there is any "twisted logic", it is found in the letter of R. Algase (2/2/09 ID). A "purely historical argument" is not moot or precluded because of antiquity as human behavior does not change. The letter's bias against valid gun ownership by citizens is as evident as that against placing reasonable interpretations on the 14th Amd. to avoid the crass cheapening of citizenship, particularly by illegals. To equate the 2nd Amd. right to bear arms in the liberty of protecting self to the: ''liberty to be killed in a gun fight between rival gangs in a modern American city" is a gross abuse of logic, un-American and blatant anti-gun propaganda. If the 2nd Amd. can be regulated/interpreted for purposes of societal concerns, so can the 14th which can be just as destructive to US. The letter may have ended comments on BO's birth question, but the public has not with dozens of lawsuits seeking the truth on this critical matter despite the obstruction of the media, the courts and BO himself who refuses to provide an original birth certificate to address this despite his promises of an open administration while Obamatrons obliviously drink the KoolAid and celebrate America's first illegal alien "president" precedent. Either the quotation marks or what's between them needs to be removed to elevate the small "p" to a respectful large one. True Americans will not tolerate a disrespect or abuse of our Constitution as do special interests, power-mongers and Globalists.

    Jim Roberts

    Dear Editor:
    Murray's letter (02/01/09 ID) is right, this discussion on birth right citizenship has run its course. I am ready for a discussion of how to fix this broken immigration system as suggested. Recently I have seen several novel and interesting ideas articulated in much more detail than the CIR advocates. The Canadian based points system as suggested doesn't really "fix" our convoluted system and all the problems that have piled up because of bad law on the books in the past. It might get us alot of cab drivers with Masters Degree's but education doesn't necessarily equal "life skills" or "successful" it often means just the opposite, someone who stayed in school to avoid getting a job or starting life. The points system also smacks of the cast system. I personally don't believe as many have expressed in this venue that some people have more "value" to us than others. The discussion of putting an end to some categories of family based Immigration because people are caring for elderly relatives seems a bit harsh. I do agree there has to be balance in the system because some countries and families have laid the ground work for endless generations of immigrants and are marrying cousins because its the social norm. The "parents" problem could be fixed by charging a fairly large fee much like a bond for US Citizens who want to bring parents here. How about putting an end to or significant fee on "online or arranged" marriages? Thats a start on ideas.

    Sergi Sheplov

    Dear Editor:
    I would like to said that we taking care for this great country anyone of as we are responsable for U S A i am very glad you to write me i saided that we together we will get result many situations but i am worry about attack from enemies comming in the fell i dont know the day or the month exatly every good autorities mush be carefull i need you to inform me all the times now i am in lima peru i wish to go home in the fell days comming with the new mix goverment we will be the best.

    Soloman S. Keita

    Dear Editor:
    What is one to do while stuck in Admin Processing que that is seemingly without end. Some cases are more than two years old and a few are 4 years old. One could continue to wait around for a longer period without unpredicted time frame? What could be done to avoid the uncertainty & sloth movement of Admin processing cases? It looks that Visa issuing authority of US Embassy is helpless to provide any solution to those who have been long suffering in Admin processing cases. A time frame must be establish to complete the Admin processing and old cases must be put on fast track to minimize the time loss for the sufferers. Asian countries immigrant cases are badly effected with this Admin Processing after a visa interview. Allotment of immigration visa takes 10 -15 years time frame after filing a case. After a visa interview it takes another 2-5 years waiting time to stamp visa from a Counselor office of US.


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