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Immigration Daily March 5, 2009
Previous Issues
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Traffic Deportations

The New York Times reports that the Government Accountability Office is releasing a report questioning the effectiveness of the federal program that deputizes local police officers as immigration agents. "The government has failed to determine how many of the thousands of people deported under the program were the kind of violent felons it was devised to root out. Some law enforcement agencies had used the program to deport immigrants 'who have committed minor crimes, such as carrying an open container of alcohol,' the report said, and at least four agencies referred minor traffic offenders for deportation."

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


Today Is The Deadline For Options For Health Care Professionals

ILW.COM is pleased to announce "Options For Health Care Professionals" a 3-part telephone seminar series, featuring distinguished speakers Robert Aronson, Joseph Curran, Jennifer Minear, Christopher T. Musillo, Elizabeth Quinn and Greg Siskind (discussion leaders Suzanne Seltzer and William A. Stock). The curriculum is as follows:

FIRST Phone Session on March 5: J-1 Waivers

  • Filing for a Case Number
  • No Objection, IGA, Hardship, Persecution
  • Physician Specific Waivers
  • Pursuing More than One Waiver
  • While the Waiver is Pending (Travel/Status)
  • What happens After Waiver Approval
SECOND Phone Session on April 2: Physician Issues
  • Training: J-1, H-1B, F-1 OPT; and O-1
  • Working: H-1B and O-1
  • Immigrating: EB-1, NIW and PERM
  • Special Considerations for Canadian Physicians
  • Legislative Horizon
THIRD Phone Session on May 7: Nurses and Allied Health Care Professionals
  • Strategies for recruiting and keeping nurses
  • NIVs for Allied Health Professionals
  • DOS Final Rule on Visa Screen
  • Licensure and other considerations
  • Schedule A & Retrogression
  • Legislative Horizon
Don't wait to register, Wednesday, March 4th is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form:


AAO Rules That MBBS Degree Qualifies Under The Employment-Based Second Preference
Cyrus D. Mehta writes "The AAO reasoned that since the MBBS degree did indeed equate to an M.D. degree, the beneficiary met the requirements of the labor certification, which required an M.D. degree or a foreign equivalent to a US medical degree."

Sweatshops: Look For The INS Label
Wendy McElroy for the Foundation For Economic Education writes "The nineteenth-century phenomenon of sweatshops is re-emerging as an important 21st-century issue for American labor and business."

Bloggings On Immigration Law And Policy
Greg Siskind writes "American jobs are NOT protected by protectionism."

To submit an Article for consideration, write to


Supremes Ask BIA To Address Ambiguity Re Involuntary Persectution
In Negusie v. Holder (No. 07-499, Supreme Court, March 3, 2009) the Court held that "[a]s there is substance both to petitioner's contention that involuntary acts cannot implicate the persecutor bar because "persecution" presumes moral blameworthiness, and to the Government's argument that the question at issue is answered by the statute's failure to provide an exception for coerced conduct, it must be concluded that the INA has an ambiguity that the BIA should address in the first instance. Fedorenko, which addressed a different statute enacted for a different purpose, does not control the BIA's interpretation of this persecutor bar."

Neufeld Memo On Background Checks
Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, issued a memo updating National Security Adjudication and Reporting Requirements.

DHS On Stimulus Act Funding
DHS released some details of the projects being funded by the American Recovery and Reinvestment Act.

Texas AG On Constitutionality Of Proposed State Legislation
Texas Attorney General Greg Abbott published an opinion upholding the constitutionality of a proposed state law that would provide for the suspension or revocation of the business license of employers of undocumented aliens.


Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of Chief Counsel (OCC) seeks experienced attorney with 2+ years demonstrated experience in immigration law or related experience for the Legislative Counsel Division. Function primarily involves proposed changes to the immigration laws, it also includes legislation on the subject of appropriations, public benefit programs, Federal personnel law, and any other matter affecting the operations of USCIS as a Federal agency. 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-2009-0003 at Submit a resume, cover letter + writing sample (max. 10 pps.) to: Philip B. Busch, Legislative Counsel, USCIS Office of the Chief Counsel at Must be sent by 5pm, EST, Friday, March 13, 2009. Position is at the GS-13/15 levels. No relocation reimbursement available.

Help Wanted: Immigration Paralegal
Roseland, NJ - Fox Rothschild LLP has an opening for an immigration paralegal. The ideal candidate will have 5+ years of employment based immigration paralegal experience. Experience must include preparing and filing full range of employment-based applications, independently conducting research, analyzing legal resources, maintaining document files and case docketing. Must be team player, detail oriented and possess excellent communication, writing, organizational and computer skills. Will consider Bachelor's degree, Associate's degree, or paralegal certificate and 5 years of experience or 10 years of comparable work experience. Please apply online at EOE.

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.

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.

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


Supreme Court Rules For Eritrean Asylum Seeker
If an asylum-seeking refugee persecuted someone overseas, U.S. government officials deciding their fate can consider whether the refugee was coerced to participate, the Supreme Court rule on Tuesday.

Tighter U.S. Oversight Comes To H-1B Visa Program
As federal officers raid alleged abusers, tech employers worry they'll run short of skilled foreign workers, especially in stimulus sectors.

Why Highly Skilled Immigrants Are Leaving The US
Immigrants from countries like China and India helped launch many of the high-growth ventures in the U.S. in recent years. But that appears to be changing, and now many highly skilled immigrants return to their home countries after pursuing an education in the U.S.

Has Obama Forgotten Immigration?
In his $3.6 trillion budget, President Barack Obama is not shy about promising reforms across the federal government. Except in the area that remains a symbol of government failure: immigration.


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

Immigration Event - Washington, DC
Friday, March 27 - Institute for the Study of International Migration presents 'How Many and Which Migrants Leave? Estimating the Unknown and Why it Matters' by Jonathan A. Schwabish and Paul R. Cullinan. For more info and to rsvp, see here:


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

Dear Editor:
Even if the letter of Jim Roberts, (03/03/09 ID), makes inflammatory statements to possibly get a rise out of it's readers, I still can't let certain statements stand. First, when the letter demeaningly objectifies undocumented economic refugees as "parasites," the letter goes too far. These are predominately hard working, honest, and religious people that are trying to pursue the American Dream, and attempting to make a better life for themselves and their families. Many people recognize a certain nobility in their cause. They only ask for hard work, and then do it. There is not one thing that is parasitic in their intentions or deeds. For the letter to intentionally and shamefully attempt to scapegoat our financial woes onto the backs of these people, shows a particularly insidious ignorance of the facts, and an intention to fear-monger and race-bait. Furthermore, the letters of Jim Roberts have often attempted to conflate the letter's personal views with patriotism. I was brought up to believe that is was patriotic to vote for whichever Presidential candidate that you believed in, but that once the President was elected, you stood behind and respected the office of that President whether you voted for them or not. I believe that it is extremely un-patriotic, and akin to flag burning, to demean the stature of our President, as does the letter of Jim Roberts, by calling him an "illegal alien President". Finally, as to the letter's notion that our immigration system would somehow be better served through the implementation of "private bail-bondsmen," I would point out that many would equate the "coyotes" with "private bail-bondsmen." I don't think that we want to be in business with "private coyotes". I believe that we need to make our immigration system more secure, efficient, and particularly humane.

Robert Gittelson

Dear Editor:
The letters of R. Algase continue to lose credibility with the latest outrageous offering of (03/04/09 ID) where the letter's fantasy "logic" tries to rewrite my letter (03/03/09 ID) regarding "our first illegal alien 'president'". In a straight forward article by J.R. Dieckmann - "The Hypocrite Who Hijacked Air Force 1", writes: "With absolutely no evidence that this man is even an American citizen, let alone a natural born one - and [there are] mounds of evidence that he is not - and therefore not qualified to hold the office of president, we must consider his almost daily excursions on Air Force 1 nothing less than a hijacking of the most expensive airliner in the world". The article further lists the items that BO has hired 3 law firms and spent hundreds of thousands in legal fees to obstruct examination: Original vault copy birth certificate, Obama Dunham marriage license, Soetoro Dunham marriage license, Soetoro adoption records, Punahou School records, Original unaltered Selective Service Registration, Passport(Pakistan), Indonesian citizenship records, Student Visa records upon returning to the US, Records of reinstatement of US citizenship (if any exist), Occidental College records, Columbia College records, Harvard College records and medical records". In the event that any objected to my use of the term "parasite" in the letter regarding illegals, the Wikipedia definition would seem to be appropriate: "Parasitism is a type of symbiotic relationship between two different organisms where one organism, the parasite, takes from the host, sometimes for a prolonged time".

Jim Roberts

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