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Immigration Daily

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Immigration Daily February 11, 2009
Previous Issues
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The Outlaw Sheriff

A WW4 Report states, "Sheriff Arpaio is the target of more than 2,700 civil rights complaints and has a stack of 40,000 felony warrants backlogged on his desk because of his prioritization of immigrant-related stunts, Phoenix Mayor Phil Gordon complained in an opinion piece in the Arizona Republic Aug. 7, 2008." For the full story, see here.

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


Deadline For H-1B For Beginners Is Wed, Feb 11th

ILW.COM is pleased to present a new 3-part telephone seminar "H-1B For Beginners" with speakers: Karen Weinstock, Russell C. Ford, Loan T. Huynh, Cora D. Tekach, Roger Tsai. The curriculum is as follows:

FIRST Phone Session on February 12:

  • Overview and requirements for the H-1B visa
  • Understanding the cap problem, brief analysis of cap exemptions
  • Does the person qualify for an H-1B: specialty occupations, educational and work equivalency evaluations, degree mismatch issues, combinations
  • Dual representation issues: Must the attorney represent both parties? How to do so properly? What to do when a conflict arises?
  • Is it OK to deduct attorney fees from the required wage?
  • Attorney's fees issues; who is paying which fee?
  • Dealing with pre-filing gaps in employment
  • Best practices for obtaining a credential evaluation
SECOND Phone Session on March 12:
  • History and overview of the labor condition application
  • Basic Requirements of the LCA
  • Wage and benefit issues
  • Prevailing wage issues in the H-1B and Labor Certification
  • What is the difference between actual vs. prevailing wages?
  • What is a Public Access File and what documents are included in it?
  • What documents are required to be maintained for public viewing versus audit?
  • What is Benching: Maternity Leave vs. License?
  • When does the payment of wage obligation begins?
THIRD Phone Session on April 9: Post Filing Issues
  • How to responding to the dreaded RFE?
  • Obtaining H-1B Extensions
  • AC21 portability and current issues with transfers
  • Dealing with gaps in employment post-filing including lay-offs, downsizing, leaves of absence
  • When can my client travel abroad and still be able to come back to resume H-1B employment?
  • Planning the case from H-1B to Permanent Residency, and why you should
  • 7th year H-1B extensions vs. concurrent filing of I-140 and I-1485
  • How to deal with changes in the H-1B job, location, or corporate changes?
Don't wait to register. Wednesday, February 11th is the deadline! For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form:


Coaches For Lawyers: Helping You Reach Your Goals
Ed Poll writes "It is a form of action-oriented consulting that helps you set and reach your goals."

The Untold Story Of American Workers Vs. Illegal Immigration
William Gheen of Americans for Legal Immigration PAC writes "Many of America's print media publications are now facing well deserved financial extinction due to their penchant for bias, censorship, and promotions of unpopular political positions, rather than reporting facts."

Life Is A Garden - Can You Dig It?
Gary F. Eby writes "Plant your talents and gifts into the lives of other people. Make sure they succeed."

To submit an Article for consideration, write to


Updated CRS Report On DREAM Act Legislation
The Congressional Research Service released an updated version of its report on unauthorized students and issues related to the DREAM Act legislation.


Help Wanted: Immigration Attorney
Beverly Hills, CA - Busy immigration law firm has immediate opening for experienced, hard-working and creative self-starter. Candidate must be able to thrive in challenging, trial-oriented environment where deadlines are critical, must be active bar member (any jurisdiction), and have experience in handling nonimmigrant business and/or NIV visas and consular practice, PERM, family, removal proceedings, as well as BIA and Circuit Court Appeals, and federal litigation. Must have following: demonstrate quick analytical ability and facility to articulate critical issues in case; have superior oral and writing skills, strong research and interpersonal skills, and good judgment; possess excellent courtroom skills and exhibit ability to work in professional manner with others, demonstrate computer literacy skills. Expected to do own legal research and writing and to be substantially self-sufficient in preparing day-to-day correspondence/pleadings. Occasional travel required; bilingual a plus, but not essential (spanish or korean) No relocation reimbursement. Send cover letter, resume, + writing sample (max. 10 pps. in MS Word or Adobe PDF format) to

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.

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

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.


Immigration Crackdown Overwhelms Judges
Over the past few years, the Bush administration's immigration crackdown funded thousands more agents to arrest immigrants and hundreds more government lawyers to prosecute them.

Colorado Lawmakers Kill Bill On Immigration Job Check
A Colorado state Senate committee has killed a bill that would have required all non-governmental employers to verify the immigration status of job applicants.

Widow Sues For Immigration Center Death
A widow who says her husband was treated "like an animal" by authorities at a Rhode Island immigration center has filed suit against a jail, (ICE) and a number of others saying their actions contributed to his death.

Immigration Reform Legislation Abounds in the 111th Congress
The 111th Congress has been in session for just over a month, and already legislators have introduced 65 immigration-related bills: 45 in the House and 20 in the Senate.


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 - Washington, DC
DHS and Immigration: Taking Stock and Correcting Course Wednesday, February 11, 2009, 9:30 to 11:00 am, Please note the new location. 1530 P Street, NW, Carnegie Institution for Science Auditorium, Washington, DC 20005. If you have any questions, please contact Lisa Dixon via email at or by phone at (202) 266-1929. For more info, and to RSVP, see here.


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:
Well, RLM's letter has told us off (02/10/09 ID). Her letter states "very happy that I do not have to go back again to this terrible country that US had became." It appears that even for "very well qualified, very well-balanced psichologically (sic)" persons, the US is just not the place for everyone. What amazes me about the immigration controversy is the animosity sometimes exhibited by persons who, for one reason or another, do not achieve their US immigration goals fast enough, or at all. Yes, our immigration system is broken; the US is not perfect no country is perfect. But that is a problem for Americans to fix, not foreigners. Like every other country, America has the sovereign right to control its borders and to determine who enters and who stays. Today, America graciously accepts persons of all races, ethnicities and religions, without governmental discrimination, and is undeniably the most companionate country in the world. Anyone who disagrees is welcome to provide another example. With the privilege of residing in any country comes responsibilities. Many come to the US seeking personal gain, but are never asked to devote time or effort toward contributing back to the country as a whole through public service. We no longer have the "draft," conscription into military service. But should this eliminate the requirement of duty to public service? Perhaps a year of service to the nation should be mandatory for US citizens and to foreigners seeking admission to the US not military service, but service for the public good. It is sad that many foreigners come to our borders, demanding entrance, and when rejected for immigration reasons, criticize and belittle our great nation, without ever understanding what America is, or what being an American is really all about. That is regrettable.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Notation is made of the gracious manner in which R. Algase's letter (02/09/09 ID) accepted responsibility for the mistake that the term "illegal alien" was not to be found in our entry laws. But the letter may exaggerate regarding use of the term, "ingenious". My letter's argument (02/06/09 ID) was based upon the observation of Article 2, Section 1, Clause 5 of the Constitution: "No person except a natural born Citizen, or a Citizen of the U.S., at the time of the Adoption of this Constitution shall be eligible to the Office of President". No "genious" is needed to see that a clear distinction is made between the two terms and that if they are not considered the same today, it can only be by a wrong interpretation of Wong Kim Ark and ignoring the proper meaning of: "subject to the jurisdiction thereof" limitation of the 14th Amd. regarding birthright citizenship. Further, this distorted view ignores that our Constitution was for the express benefit of: "ourselves and our Posterity" (US citizens) as so stated in the Preamble, not for any or all non-citizens of the world who could sneak in and have a child. The proper reaction to such would be to restore the original intent and there is presently legislation to do. This is exactly the kind of "immigration reform" that is needed, not CIR shamnesty. M. Freeman's (02/09/09) letter also suffers from severe myopia with an abundance of compassion for foreigners and none for US citizens or sovereignty. Those who can't muster a moral allegiance to US should be honest and move to the county where their sentiments lie to improve life there, not dilute and destroy ours as is being done in CA and elsewhere.

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