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Immigration Daily

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Immigration Daily March 12, 2009
Previous Issues
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Legal View Of Tech

David Cambria, Director of operations of the law department at Aon Corp. writes "Here's what I hate about technology, in terms any law school graduate should be able to understand." For the full story, see here.

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


PERM For Experts

PERM For Experts is a 3-part telephone seminar featuring Michelle Funk, Pamela Genise, Sheela Murthy, Devang M. Shah and other speakers to be announced (Aron Finkelstein, discussion leader). The curriculum is as follows:

FIRST Phone Session on March 11: ETA-9089 Denials

  1. Denials based on two types of errors
    1. DOL errors
    2. Error on form
      1. Typographical error (non-substantive)
        • Transposing date/s of advertisements
        • Transposing wage information: $50,000/year -> $50,000/hour
      2. Mistake / Omission (substantive)
        • Failure to check "yes" to H.8 (Is alternate combination of education / experience acceptable)
        • Failure to include "magic" language ("any suitable combination of education, training or experience is acceptable")
  2. Requests for Reconsideration
    1. DOL error v. Mistake / omission
    2. How to request reconsideration
    3. Reconsideration Processing Time/s
      1. The general processing timeframe for reconsideration requests
      2. Is expedited processing available for DOL error-based denials?
        • Is this available for employer / representative errors (mistakes / omissions)?
  3. Withdrawal/s
    1. When is withdrawal permitted?
    2. When is withdrawal done?
    3. Strategies for appropriate timing of withdrawals
SECOND Phone Session on April 1: Drafting a Proper ETA-9089
  1. Foreign degree equivalencies (3-year Indian degrees)
  2. Using the "magic" language
  3. Flexible minimum requirements
  4. Anticipating business necessity
  5. Specific Vocational Preparation (SVP)
  6. Job Zone/s
  7. Wage issues
    1. Wage ranges
    2. Is the SWA reliable
      1. Using Level I/II/III/IV if worksheet differs
      2. Does safe harbor exist
    3. Alternate wage surveys
      1. PERM regulations/ FAQs: liberal v. conservative
      2. Is GAL 2-98 still relevant
THIRD Phone Session on May 6: Predictions for the Future
  1. Using the new form
    1. Advanced form changes and implementation
    2. Incorporating "magic" language
  2. Auditing compliance files
  3. Close of businesses
  4. Filing PERM in a bad economy
    1. Potential for more supervised recruitment
    2. Second audits requesting resumes
    3. Potential delays in DOL processing times
    4. Change/s in circumstances
      1. Company merger/s
      2. Position/s open at time of filing but closed at time of audit / decision
      3. Unanticipated work location/s v. client-site/s
      4. Change of work location/s
    5. When to expect things to begin moving again
Don't wait to register, Tuesday, March 10th is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form:


Current Trends In The Adjudication Of Waivers Of The Foreign Residence Requirement Under INA Section 212(e) On The Grounds Of "Exceptional Hardship" To A U.S. Citizen Family Member
Robb Pearson writes "My own recent experience of sudden economic loss and resulting hardship humbled me in ways I could never have anticipated."

Is There A Duty To Propose Legal Process Outsourcing?
Mark Ross writes "Taking into consideration the debate I reference above from the ACI conference, I wonder if we are closer to reaching that "tipping point" day."

Immigrants Of The Week: Paul Deba Mango and Alan Cumming
Greg Siskind celebrates the achievements of these immigrants.

To submit an Article for consideration, write to


Neufeld Memo On P-1 Athletes
USCIS Acting Associate Director, Domestic Operations issued a memo providing USCIS personnel with instructions for applying the period of authorized stay for P-1 non-immigrant individual athletes.


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.

Translation Services
Eurasia Translations, Inc. has been proud to serve immigration attorneys and individuals since 1993 with the translation of personal documents, academic credentials, criminal clearance letters, etc. Our customers can rest assured that all of our translations are prepared in accordance with USCIS requirements and are accompanied by a notarized certificate of accuracy. For more information, please call 888-887-1884 or visit our website. For a free quote, please complete or fax your document at 818-907-9763.

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


Our View: Good Time To Keep Illegal Immigration Rates Down
On two separate days during the month of December, the U.S. Border Patrol made no apprehensions of illegal immigrants attempting to cross the border from Mexico to the United States.

Eva Longoria Vows to Protect Mexican Immigration
Eva Longoria wants our new president to address immigration and shes ready to stand up and fight for her homeland of Mexico.

Should Local Police Add Immigration Beat?
A provision which allows state and local government agencies to enforce federal immigration laws continues to draw scrutiny.

Myrick Defends Jail Immigration Plan
State and local leaders who implemented a federal program in Mecklenburg County that identifies jailed illegal immigrants rushed to its defense Monday after a congressional report criticized it for targeting minor offenders instead of the serious criminals it was designed to catch


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

Dear Editor:
he 03/10/2009 ID was a bonus day for opinions from both sides of the issues, running the gambit between contemplative, naive, simplistic and innocently brilliant, my letter excepted of course. Merrill Clark's letter has a good idea, but it will never happen. Having been through the last Amnesty, I forsee any sequel to be a sheer disaster in its administration, even if they pass good law, which is doubtful. John E. Shorkey's letter is correct about the ridiculously high hardship standard for cancellation and points out that the cancellation candidate can get an EAD and thereby a Social Security Card and Driver's License -great documents to have - to use now and after they are deported and return over the fence. Neat trick.Why didn't I think of that? I don't understand Honza Prchal's letter's proposal to lower investment visas to $50,000. That sum is just barely more than a well-equipped SUV, let alone sufficient investment in a business. Why not just open the doors to all? We know why. Obviously, while one is entitled to one's opinion, Sergei Sheplov's letter indicates a lack of understanding of the reality of immigration law. In my 30 years practicing immigration law, I have seen few who leave their families behind. And as to the US citizen children of illegals being "victims", hogwash. They are citizens by fluke of law, but they are still their parents' children and the law confers no immigration benefit until age 21. Cornelio Bolayog, in his zeal to champion the downtrodden, misses the need for a rule of law. Chia-Li Sung's letter is a beautiful breath of fresh air in this dismal world of immigration debate, it simply hits the nail right on the head. Wonderful, yet innocent honesty. Thank you Chia-Li.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Chia-li Sung's letter (ID/03/10) is so full of venom that my first impression was that it had reached a new low in the fine art of anti-immigrant hatred. The letter's blatant anti-Latino bigotry even manages to make Jim Roberts' letters seem like immigrant rights advocacy by comparison. But somehow, there seems to be a familiar note in this letter, a voice dredged up from an American past that we would all prefer to forget. Then I realized: The letter sounds almost exactly like the kind of racist poison that was so common against Chinese immigrants 100 years ago.

Roger Algase, Esq.
New York, NY

Dear Editor:
The letters of David Murray have a problem with the valid, supported and worthy of consideration opinion of others and has frequently gone on tirades against letters of various writers, now including my own (3/10/09 ID). The elitist DM letter is not the judge of what is "credible" and what is not, but for each reader to consider. The DM letter calls to: "stop the nonsense" and asks: "what can be done to make it better?", but offers only the former with none of the latter, rather than reasoned comments. How does any of this or the criticism of J.R. Dieckmann's letter promote rational discussion? It was a R. Algase letter that first brought up the topic of the elgibility of BO which my letters then commented on. I don't consider my letter's promotion of specific immigration solutions to be "outrageous claims" or "digressing into irrelevant fringe issues" when my letters support more enforcement, tighter borders, better visa tracking without waivers, no illegals, lower entry numbers, or no birthright citizenship for illegals. I am perplexed that anyone would be so obtuse as to not recognize these as valid, sincere solutions. And it is the macro solutions that are needed, not the tedious micro adjustments that do little which is like rearranging the deck chairs on the Titanic (or inviting too many on board as in CIR). It is hypocritical for the letter to engage in such an attack when it has frequently condemned such in this forum.

Jim Roberts

Dear Editor:
Ms. Chia's letter (03/09/09 ID) is a snub on the entire Latinos' community and all poor immigrants and Americans in general, and forgetting that most if not all previous immigrants were not as rich or educated as Ms. Chia's parents or ancestors coming from Taiwan to the US. Poor people live in the ghettos, be them white, Asians, Latinos, African Americans or immigrants etc. As a reminder, New York city has some messy "Chinatowns" as well, where newly arrived Chinese immigrants, legally or illegally trying to make better living and living in cramped "ghettos" like in Flushing, Brooklyn and elsewhere. It's a shame that some more established Asian Americans have some snobbish attitudes and believe in prejudice, nativism, global economy apartheid and protectionism and calling on enforcing harsh immigration laws while in fact many of these rich Taiwanese and Chinese Americans are employing illegal nannies, waiters, cooks etc and know their good friends employ them as well just like hypocrite Republican Tancredo and Mitt Romney knew that the sub contractors they hired to remodel their mansions and landscaping their lawns employed illegal immigrants as well but they shut their mouth and pretend nothing happened. It's time for us to call to give these human beings we call as "illegal" and even "parasites of the society" a dignity and legal status to enable them to pursue American dreams and fair shot to climb higher steps in their economy status by opportunities for them and their children to pursue higher education, to get better jobs and wages and to open businesses and yes to buy homes that they can stay without fear of deportation.

Robert Yang

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