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Immigration Daily

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Immigration Daily February 25, 2009
Previous Issues
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Revolutionary Solution

The central assumption of immigration advocates is that only Congress can ameliorate the immigration crisis. Whether it is inadequate quota numbers - both family and employment, or the absence of options for "other worker" temporary visas, or anything else, it has long been presumed that only Congress can remedy the situation. Today's Featured Article, "The Path Less Taken: Is There An Alternative To Waiting For Comprehensive Immigration Reform?" by Gary Endelman and Cyrus Mehta questions the "only Congress can solve this" supposition. The article argues that there is ample room in the Immigration and Nationality Act, for the Executive Branch, acting alone and without Congress, to take decisive curative action. The key is to separate permanent residency from the two critical benefits that flow therefrom - legal work authorization and ability to travel. Both of these benefits can be made available, by Executive fiat, to millions of immigrants - both present and future, immediately, without any act of Congress. Once these benefits are in hand, Congress can grant permanent residency and citizenship, when the time is propitious, without being held hostage by the anti-immigrationists. This article explores how the once-unthinkable can be achieved lawfully through the enlightened use of President Obama's and Secretary Napolitano's inherent discretionary authority under the current statutory regime. We urge all those involved in immigration advocacy to take a close look at the intellectual ammunition in this article to chart a new path to the promised land of immigration benefits. To read the Article, see here.

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


Deadline Is Wed, Feb 25th For Investor Options For Beginners

Wednesday, Feb 25th is the deadline for "Investor Options For Beginners" a 3-part telephone seminar series, featuring Edward Carroll as discussion leader and Robert Gaffney, Barry Gleen, Carolyn Lee, Susan Pilcher, Richard Sindelar and other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on February 26: Options for Entrepreneurs

  • H-1B - Beneficiary Ownership
  • L-1 & E-2 - A Comparison
  • LPR - Extraordinary Ability
  • LPR - Multi-National Executives and Managers
SECOND Phone Session on March 26: Comparing E-2 and EB-5 Investments
  • Amount of Investment
  • Type of Investment
  • Employment Creation
  • Source of Funds
  • Risk
  • Involvement of the Investor
  • Timing
THIRD Phone Session on April 30: EB-5: Individual v. Regional Center Cases
  • Commercial Enterprise
  • Employment Creation
  • Management / Role of Investor
  • Amount of Investment
  • Source of Funds
  • Removal of Conditions
Don't wait to register, Wednesday, February 25th is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form:


The Path Less Taken: Is There An Alternative To Waiting For Comprehensive Immigration Reform?
Gary Endelman and Cyrus D. Mehta write "For the past twenty-five years, the Visa Office in the State Department has employed a more flexible mechanism to ensure a smooth and regular allocation of immigrant visas known as the "qualifying date"."

Ten Common Tax Return Errors Foreign Nationals Should Avoid
Paula N. Singer, Esq. writes "Many foreign nationals submit incorrect tax returns (or do not submit at all) because of lack of awareness of the different rules that can apply to foreign nationals' returns."

Immigrants Of The Week: Harri Kulovaara, and Hugh Jackman
Greg Siskind celebrates the achievements of these immigrants.

To submit an Article for consideration, write to


CRS Report On The H-2A Program
The Congressional Research Service released a report on the H-2A Program and the DOL's proposed February 12, 2008 changes in the Adverse Effect Wage Rate (AEWR).


Position Sought
JD, with 10 years experience in business immigration, available to draft and consult on complex RFE responses, MTR's, EB-1 (all subcategories), EB-5, E-1, E-2, H-1B, L-1, O-1, NIW, PERM and TN matters on a project basis. Additional specialization in inadmissibility waivers, paralegal training programs, and legal research. Competitive hourly or flat fees. References available upon request. Please contact for additional details.

Help Wanted: Immigration Attorney
Redmond, WA - Are you ready to make a significant impact on an industry leader? Would you like to have the ability to contribute to the success of many businesses and products in the technology arena as well as make a positive impact on individuals and their families' lives? If you do, come join us at Microsoft as a US Immigration Attorney. We are a diverse and global company that makes a significant positive impact on 600 million plus customers worldwide. The Microsoft Corporation Legal & Corporate Affairs Global Migration department plays an integral role in helping hiring managers and recruiters hire and on board the best and brightest. If you are ready to make a difference and learn and grow in the US Immigration arena, we offer an opportunity like no other. This position requires excellent academic credentials, 4-6 years experience in all NIV business visas, labor certifications, and other business-related immigration matters. Strong case management, customer facing, communication and writing skills required. Full relocation package offered. To view detailed job description and apply, see here.

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

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.

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 Advocates Slam Last-Minute Mukasey Rule
Organizations that strongly oppose illegal immigration complain that it's too easy for undocumented immigrants to delay deportation by arguing that their previous lawyer was "ineffective."

San Franciscans Get A New ID Card Program
San Francisco City Hall started issuing municipal photo identification cards to city residents on Jan. 15, regardless of their immigration status.

Closed Door Politics
The election of 2008 proved catastrophic for opponents of comprehensive immigration reform.

Indian Firms, Microsoft Top H-1B List
Indian outsourcers, along with Microsoft, again lead the list of companies bringing foreign workers to the U.S. on the H-1B visa program.


Readers can share professional announcements (up to 100-words at no charge), email: To announce your event, see here

Immigration Event
Have you signed up for the CIS Ombudsmans February teleconference on "Refugee Processing: Your Questions and Comments" Wednesday, February 25, 2009 - 2-3 pm. EST? We look forward to hearing your questions, concerns, suggestions or other input on this topic both at our email account prior to the call and on the call itself. To participate in this call, please RSVP to


Readers can share comments, email: (up to 300-words). Past correspondence is available in our archives

Dear Editor:
Regarding yesterdays trio of Letters (2/24/09 ID), like a good sandwich, the meat of the matter is contained in the middle with J. Henderson's (b), "there would be no traumatized children if their parents obeyed the law". Like the man who said to his doctor, I have extreme elbow pain when I lift it above my shoulder. The doctor advised him not to lift the elbow above his shoulder. Millions of visa over-stayers and border-crossers would be well advised to respect and not break our entry laws which would preclude all of the sad stories we hear. A correct interpretation of the 14th Amd. birthright citizenship issue would prevent many more. Enforcing any of our laws results in "Creating hardship", but entry enthusiasts want illegal migrants to be exempt from any consequences as has to a large degree been the case in the past due to lax enforcement. In a post 911 era, serious enforcement is called for and the tightening of other policies. The correct policy question regarding visa's is not whether it is "racism", but what protects US. The answer is that there should be no visa waivers whatsoever, but that all visiting entrants should flll out the forms and be registered and tracked including a record of their leaving. There is no national security without this. Other than short, tracked visits, a good case can be made for an immigration moratorium, to sort out the lax and loose past policies resulting in excessive entrants. Immigration advocates can't seem to understand why the security and other interests of US citizens should come before those of foreigners. What other term is there to describe this blind bias, except as being un-American?

Jim Roberts

Dear Editor:
Mr. Algase's letter (02/25/09 ID) misses the point on the visa waiver discussion. His letter implied that visa waiver countries got them because of a racial preference on the U.S. part, i.e. generally going to "white countries" with a couple of exceptions for "honorary whites" as the South Africans used to call the Orientals. My argument is that visa waiver countries qualify for that status because their "loss" rate is less than 5%, i.e. the countries who qualify are economically developed so their citizens are not so tempted to overstay their visits to the U.S. My illustration of Thailand was to show that the pull of the U.S. was so strong that these young students all wanted to return to the U.S. My letter did not state that they all got immigrant visas out of Thailand. I said they all ended up as immigrants though most served an interim period as F-1 or H-1B. Several actually married foreign service officers. I ran into one in Ceylon when her husband was there as DCM. We don't give a visa waiver to Thailand because the economic pull of the U.S. is so strong that the overstay rate would be far over 5%.

Paul Good

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