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Immigration Daily

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Immigration Daily March 24, 2009
Previous Issues
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Immigration Service Providers

As a recent news story attests, the downturn in the economy has affected many in the immigration field, attorneys as well as the companies providing services to lawyers. Many service providers (for case management software, credential evaluation, translation, labor certification advertising, expert witness testimony, etc...) know that it is a good idea to be in the minds of lawyers at the exact time their services/products are needed. Now that AILA's Immigraton Law Today (formerly known as AILA Monthly Mailing) has suspended publication, Immigration Daily is the only industry alternative available.

  • Immigration Daily is a free publication
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We are confident that if you want the immigration bar to learn about your product/service, Immigration Daily is the venue to do so. But don't just trust us, ask your current customers. And if you are still not sure, become an Immigration Daily subscriber simply by entering your email address on our homepage and see for yourself.

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


The Consular Posts Book Table Of Contents

The Table of Contents for "The Consular Posts Book" which is currently being finalized for printing is as follows:


  • Comprehensive Immigration Reform (CIR) and DHS Cost-cutting: But, Not Very Comprehensive Reform and Selective Cutting of Enforcement Budgets
  • Post-FISA Surveillance: When Your Client Calls From Overseas, Uncle Sam Is On The Line.
  • The NAFTA Super-Highway Meets a Roadblock
  • Shift to Interior Enforcement - Mandatory e-Verify
  • H-1B and L-1 Programs Under Siege
  • Release from Detention for CIR-eligible Aliens
  • The Bottom-Line Calculus in Business Immigration and Free Trade Policy:
    1. He Votes - US Worker Considerations
    2. But, His Lobbyists Are More Expensive - Global Capital Interests
    3. A Trumps B, for Now
  • Obama: Changes to H-1B Seen as Part of Comprehensive Immigration Reform
  • Congress: Revolt Against Off-Shoring
  • WTO/GATT/GATS Reconsidered
  • Will the "GATS Visa" Replace H-1B?
Chapter 1.A - Who You're Dealing with: DOS Jurisdiction

  • Prominent Lawyers Prosecuted for Money Laundering and Obstruction
  • FBI/DHS Task Force Sting Operation Nets a Leader of the Criminal Bar
  • The Loss of Attorney-Client Privilege in International Representation
  • NEW FISA: H.R. 6304 Blanket Authorizations for Surveillance of International Communications
  • Section 1801(h) - "Minimization" and exception for "evidence of a crime" Illustration 1.1 - New FISA
  • Sec. 1806 - The Minimization Loophole
  • The al-Haramain Case - Targeted Surveillance of Attorney-Client Communications
  • DOL Audits All Labor Certifications Submitted by Major Immigration Law Firm
  • International Lawyer: Gatekeeper, Adversary or Defendant?
  • Expanding View of Attorney Culpability and Mandatory Due Diligence Requirements
  • Sarbanes-Oxley
  • Department of Justice Targeting of Gatekeepers
  • Enhanced Federal Enforcement and Revised Sentencing Penalties for Compliance Violations
  • Federal Sentencing Guidelines - Up, Up and Away
  • 2003 Department of Justice Guidelines
  • Further Erosion of Attorney-Client Privilege for Corporate Counsel
  • Mandatory Disclosure of Representation, and Attorney Certification of Accuracy in all Represented Matters - The Future of Immigration Law?
  • The End of Employer-sponsored Immigration?
Addendum 1.1. 50 USC, Chapter 36, Subchapter I, Sec. 1806, Foreign Intelligence, Surveillance, Subchapter I - Electronic Surveillance, Use of Information.

Addendum 1.2. Sec. 805. Review of Federal Sentencing Guidelines for Obstruction of Justice and Extensive Criminal Fraud.

Chapter 1.B - Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
Prospects for Changing Immigration, Surveillance and Global Trade Policies under the Obama Administration.

Chapter 2.A - Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul

  • Common Reasons B-1/B-2 Visas Are Denied
    1. INA Section 214(b)
    2. INA Section 221(g)
    221(g) Temporary Refusal 221(g) Denial and Return of Petition for Revocation

Chapter 3. What they're Looking For (Do's and Don'ts): Inner Federal Agency Workings

  • The Appearance (and Substance) of Candor - Proactive Strategies for Avoiding Problems and Prosecutions.

  • Mission Shift: The New Emphasis on Detecting Business-related Fraud

  •          1. USCIS
             2. DOL
             3. CBP
             4. Commerce Department Initiatives

Chapter 4. Why Visas Are Done Outside the U.S.: The Purpose of Consular Processing

  • Local Reputations and Investigations - Eligibility and Authentication.
  • Information, Please (Data-collection and the Wealth of Nations) - Intelligence Gathering
  • All Politics Are Local - Diplomacy and Relations w/ host Country

Chapter 5. Getting, Keeping and Renewing Your Visa: The Visa - Its Limits and Privileges

  • Not All Visas Are Created Equal - Many Types, But Few Real Choices
  •          o Permission to Enter
             o Blanket L visas
             o Investor Visas
             o The Greater Use of B1 visas in connection to sustainable economic activity
  • Phone Home - The Importance of Personal Contact By Counsel in the U.S.
  • Once you're Here, They Don't Stop Looking - The New Realities of Doing Business (Post 9/11 Data Mining and Federal Task Forces)
  • Time to Renew, Time to Review - The Importance of Reviewing the Record Before Submitting Updated Information.

Chapter 6. DOS Central Office Can Help You: Review and Appeals of Consular Decisions

  • The Consular Officer Isn't Always Right (Sometimes) - Review and Appeals of Consular Decisions

  •          o Supervisor review
             o State Dept Opinion
             o Long Standing Absences of US Courts in a Vastly changing Global Economy and the Borderless Corporation

Chapter 7. Avoiding Audits and Task Forces: Best Practices

  • Innocence Isn't Enough -- USCIS and ICE Random Fraud Assessments
  • Send In the Marines -- Federal Fraud Task Forces

Chapter 8. Data-mining and Real-Time Enforcement: The Future Landscape of the Visa Process

  • Save the Trees - E-filing, Document Scanning, and Distributed Data Access
  • If it's On-Line or in a Computer, Assume They Have a Copy

Chapter 9. The Many Faces Behind the Visa Window: The Visa Process and Procedure at Select High-Volume Consulates in the New World Economic Order

India (New Delhi, Chennai, Mumbai, Kolkata); China (Beijing, Guangzhou, Shanghai); Canada (Ottawa, Toronto, Vancouver, Montreal); Mexico (Mexico City, Ciudad Juarez, Monterrey, Tijuana, Nogales, Guadalajara); United Kingdom (London); Armenia; France (Paris); Germany (Munich); Poland (Warsaw); South Korea (Seoul); Phillipines (Manila); Brazil (Rio de Janeiro, Sao Paulo); Australia (Sydney); Taiwan (Taipei); Vietnam (Ho Chi Minh City); Israel (Tel Aviv); Bangladesh (Dhaka); Argentina (Buenos Aires); Colombia (Bogota); Venezuela (Caracas); Dominican Republic (Santo Domingo); Haiti (Port au Prince); Jamaica (Kingston); Nigeria (Lagos); Trinidad and Tobago Carribean (Port of Spain)

For contributor bios, more info, and to order, please see: . Or for fax, please see:


How To Protect Yourself From Becoming A Victim Of Immigration Fraud
Sardar Durrani, Esq. writes "Following are things you should do to protect yourself from persons who fraudulently portray themselves as immigration representatives."

Obama Administration Signals It May Review A Number Of Bush Immigration Policies
Muzaffar Chishti and Claire Bergeron for the Migration Policy Institute write "The administration is also reconsidering regulatory changes from Bush's final days in office, such as a new rule for documents that prove employment authorization and the mandatory use of E-Verify for government contractors."

Bloggings On PERM Labor Certification
Joel Stewart writes "With the passing of time, BALCA has been forced to permit remands and reconsideration of issues that are prohibited by the regulations in order to prevent unfair results."

To submit an Article for consideration, write to


DOJ Announces Cleveland Immigration Court To Oversee Control Of All Ohio Cases
The Executive Office for Immigration Review announced that beginning April 6, 2009, the Cleveland Immigration Court will have administrative control of all cases within Ohio.


Help Wanted: Immigration Attorneys
Owings Mill, MD - The Murthy Law Firm seeks attorneys with 3+ years business immigration law experience. Our practice is dynamic and fast-paced. We have high standards with regard to integrity, work ethic, and quality. Successful candidates will have ability to work both as members of team and team leaders. They will join dozen high-caliber colleagues and have quality support in the way of legal and administrative staff, as well as technology. They will bring in-depth understanding and knowledge of the breadth of immigration procedures, and are expected to supervise paralegals/support staff. Good writing and analytical skills required. Visit to learn unique benefits of working at Murthy Law Firm. Send resume + cover letter to All communication will be treated in confidence. Salary and benefits commensurate with experience and ability. EEO.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email

CLE Immigration Event
Memphis, TN - (May 15-16, 2009) The Federal Bar Association and AILA Mid South Chapter invite you to join us for one of the most exciting regional immigration conferences you will attend this year. The confirmed speaker line-up is a who's who, including respected AILA attorneys and government officials including chairman of BIA, US Court of Appeals judge, director of OIL, current and former immigration judges. This conference offers opportunity to hear from a panel of ICE and CIS supervisors discuss local priorities that affect the mid-South and nationwide. Mingle with faculty without large crowds. This intimate setting is perfect for both new and experienced practitioners alike. Program includes special programs for pro bono attorneys + criminal lawyers. Earn up to 16 CLE hours and have fun too. Early bird deadline is April 30th. For more info, including speakers, curriculum, and registration, see here.


E-Verify Program Staying In Place - For Now
The fate of a national employee verification program aimed at combating illegal immigration is safe for now, but it's unclear whether Congress will renew it beyond this fall.

Immigration Reform One Priority Among Many For Obama
Hispanic lawmakers and pro-immigrant advocacy groups said the answer has to be yes, and they praised the president for renewing his campaign promise.

Obama And Immigration Reform
The president says he's committed to immigration reform. Do his actions say otherwise?

Legal Groups Call for End To 'Ideological Exclusion' Of Scholars, Others Denied Visas
The groups asked the administration officials to evaluate applicants for admission to the United States on the basis of their actions rather than their political beliefs and association.


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

Immigration Book
Who Speaks for Hispanics?: Hispanic Interest Groups in Washington, By Deirdre Martinez, State University of New York Press, 175 pp., Hardcover, ISBN: 0791493571, $60.00,


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

Dear Editor:
I find ID's 3/23/09 comment on the H-1b quota forecast quite telling. ID laments that the executive branch has called immigration primarily an enforcement issue (even using terms such as donkey to describe immigrants) yet you describe the H-1b program as "the H-1B market". As long as immigration programs remain part of the "market place", and especially the case of employer sponsored visa programs, the motives will not be aligned with our national interest. Immigration programs should be about creating future citizens, not about creating a massive temporary workforce designed to drive down wages and exploit immigrants for short term gain. And certainly not about creating a market for immigration attorneys. Whether you call them "donkeys" or "temporary labor" the end result is a system that places a higher value on what immigrants contribute to corporations than what they contribute to society and a more altruistic goal of creating good citizens. I hope the views of ID become more altruistic and less concerned about meeting the demands of "the marketplace". Otherwise, ID might as well just call them "donkeys, temporary labor, indentured-servants, etc" because that is how they will ultimately be treated in our society if the motives of the system does not change.

Roy Lawson

Dear Editor:
I read Immigration Daily pretty much every day and find much that is informative, but I cannot resist commenting on a patently idiotic comment made in ID's 03/23/09 ID comment. ID's reference to the demeaning words used by the State Department to refer to immigrants as a sign of the current attitude toward immigration is preposterous and reflects an utter ignorance of the history of the system. The visa code words, of which Donkey is indeed one date back many decades, back to a time when telegrams between the State Department and posts abroad were sent via commercial telegraphic systems. The commercial telegraph companies charged for telegrams by the word. Someone figured out that "visas donkey" followed by the name, date and place of birth of a visa applicant cost the Government less than "A security advisory opinion is requested for" followed by the name, date and place of birth of the applicant. I don't know exactly when these standard code words were first used, but they were already a well-established part of the system when I first worked in it in 1962. As the State Department slowly moved into the modern electronic world and increasingly used government communications systems, they were retained as time-savers - fewer words, less typing. So, it is foolish to see them as reflecting anything about the State Department's attitude toward immigrants, one way or another. The delays in processing visas Donkey cables referred to in the AILA document ID cites have nothing to do with state of our economy. They are, rather, the result of the radical increase in security screening requirements since 9/11. To see what the code words are, they can be seen on line in Appendix E to the Visa Manual (9FAM - Visas) which can be found by going to the State Department website.

Cornelius D. Scully

Dear Editor:
You know that employees are barely doing their best in the business especially the mid size companies and small ones. What is happening is all bureaucratic charade to appease the public who are anti-immigrant. In reality these jobs are so low in pay that those who are jobless rather not work than take these kind of jobs.

Gladys C. Farris

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