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Immigration Daily May 14, 2009
Previous Issues
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Postville Postmortem

One year later, The Los Angeles Times reports on the devastating toll the immigration raid has taken on the small town of Postville, Iowa. "Since the landmark raid, an economic squeeze has destroyed several businesses. Postville's population has shrunk by nearly half, to about 1,800 residents, and townsfolk say the resulting anxiety -- felt from the deli to the schoolyard -- has been relentless. "It's like you're in an oven and there's no place to go and there's no timer to get you out," said former Mayor Robert Penrod, who, overwhelmed, resigned earlier this year."

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Today Is The Deadline For Business Immigration Law

The curriculum for our new 3-part telephone seminar series "Business Immigration Law" is as follows:

FIRST Phone Session on May 14: Solutions for Short-term Needs

  1. Permissible B-1 activities and compensation
  2. B-1 Activities under NAFTA vs. Regular B-1 vs B-1 in Lieu of H-1B
  3. B-1 Extension/Change of Status Issues
  4. When should you use B-1 in lieu of H-3 as opposed to a simple B-1?
  5. B-1 in lieu of H-3 vs. H-3 vs. J-1 intern/trainee: are they interchangeable? Pros & cons of each.
  6. Other J-1 options: research scholar, specialist, short-term scholar.
SECOND Phone Session on June 4: The Intersection of Immigration and Export Control
  1. Deemed Export Elements: Release, Technology, Foreign National, Home Country.
  2. Deemed Export Compliance Programs: What warnings and processes for foreign nationals and managers should companies implement?
  3. Why eliciting export control information from applicants during the pre-hire process is critical.
  4. Pre-hire questions to elicit necessary information for immigration and export control while balancing discrimination concerns.
  5. Visas Mantis and the Technology Alert List and how it can result in lengthy background checks (Security Advisory Opinions) for visa applicants.
    • What triggers an SAO and are there strategies for avoiding them?
    • What are current SAO processing times?
THIRD Phone Session on July 9: Challenging Adjudication Standards for L Intracompany Transfers
  1. Recent restrictive interpretation of L-1B specialized knowledge: strategies for presenting the case
  2. Recent evidentiary standards for L-1A
  3. Subtle differences in adjudication standards for L-1A and EB1 Multinational Managers
  4. Adjudication standards for extensions
  5. Adjudication standards for blanket Ls
  6. Issues arising from corporate reorganizations
Don't wait to register, Wednesday, May 13th is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form:


Consular Update: India
Sheela Murthy et al., attorneys from the Murthy Law Firm write "It is unfortunate that consulting companies are all being painted with the same brush of fraud, but those in the IT consulting business need to be extremely careful with regard to any case presented at any consulate, and need to make sure it is beyond question. "

The Tide In The Affairs Of Men
Milton Friedman and Rose D. Friedman for the Foundation For Economic Education write "The tides are capable of ignoring geography, political labels, and other hindrances to their continuance. Yet it is also worth recalling that their very success tends to create conditions that may ultimately reverse them. "

Bloggings On Immigration Law And Policy
Greg Siskind writes "In a hearing before the Senate Judiciary Committee today, DHS Secretary Janet Napolitano discussed the DREAM Act when answering a question from Illinois Senator Richard Durbin: "I supported the Dream Act when I was governor. I support it now." "

To submit an Article for consideration, write to


USCIS Updates H-1B Cap Count
USCIS announced that as of May 11, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed.


Help Wanted: Immigration Attorney
Atlanta, GA - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Southeast Region. Responsibilities include, but are not limited to, providing legal advice to the Atlanta, GA and other field offices within the District on immigration benefits and related matters including adjudications involving issues of national security. Applicants must possess JD degree, be an active member of the bar and have 1+ years of post JD experience. For more info, key in Job Announcement Number: COU-CIS-2009-0004 at Submit cover letter demonstrating specific skills, experience, and interests qualifying candidate for position. Applicant should list references but recommendation letters not necessary. Applicants must also submit a resume + writing sample (max. 10 pps) to: Michael P. Conricode, Regional Counsel, USCIS, Southeast Region: Must be received by close of business Friday, May 22, 2009. Position is at the GS-13-GS-15 levels. No relocation reimbursement expenses available.

Help Wanted: Immigration Paralegal
Reston, VA - Goel & Anderson, LLC has an immediate opening for an experienced business immigration paralegal. Ideal candidates will have 5+ years experience as an immigration paralegal handling employment-based NIV and IV cases. Prior experience should include demonstrated ability to manage large caseload, while effectively/accurately preparing wide range of employment-based immigrant and nonimmigrant petitions, with strong emphasis on H-1B and L-1B matters. Experience with PERM, I-140, adjustment of status, and complex RFE responses essential. Successful applicants will possess thorough knowledge of immigration law and procedure, excellent writing, communication, organizational, and computer skills, and ability to conduct legal research, analyze issues, and effectively interact with corporate petitioners, beneficiaries, and law firm staff. Five years of prior experience, a four-year college degree, and solid references required. Goel & Anderson is a nationally recognized business immigration firm that offers an outstanding compensation and benefits package. Apply with resume, cover letter, + salary req. to Principals only. No phone calls.

Credential Evaluation
Foreign credential evaluations. Excellent approval rates after Denials and RFE's. 1.800.771.4723 No charge detailed analysis of RFE's, Denials, and NOIDs, as well as 3 year degrees, AMIETE, Chartered Accountancy, ICAI, ICWAI, or any difficult education evaluations. All 3-year degrees are at risk. For no charge 48 hour analysis, our clients say it best: "... At last we succeeded. My I140 was approved today. I really appreciate you on this. Your evaluation did magic (3 year degree, EB2)" .... "I gave up after the denial for my Chartered Accountancy degree but I got an approval after your evaluation and the professor's letter. I am forever grateful ..." "Everyone said I could not get the EB2 approval with a 3 year degree after getting denied. But I did. You did. You gave my attorney excellent information and we were approved." See our case studies at Sheila Danzig Director, Career Consultants International, TheDegreePeople, 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.

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


Jon Stewart Tackles Immigration Process With The Naturalized
Comedy Central's Jon Stewart is working on a two-hour special about the U.S. naturalization process for the History Channel called The Naturalized.

Foreclosures, Immigration Linked
Counties with high foreclosure rates also tend to have large immigrant populations, according to a Pew Hispanic Center report released Tuesday.

Vigils For Anniversary Of Iowa Immigration Raid
Hundreds gathered in the small northeast Iowa town of Postville on Tuesday to mark the one-year anniversary of a huge immigration raid and reflect on the community's difficulty in recovering from the arrests.

RI Lawmakers To Vote On Immigration Proposal
Rhode Island lawmakers are deciding whether to require private companies to use the federal E-Verify database to check the immigration status of new hires.


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

Immigration Event - Washington, DC
May 15 - Migration Policy Institute is pleased to present a "Symposium on Citizenship" Speakers: T. Alexander Aleinikoff, Andrew Griffith, Randall Hansen, Marc Morje Howard, Michael Jones-Correa, Donald Kerwin, C. Joy McDowall, Hiroshi Motomura, Laura Patching, Demetrios G. Papademetriou, Noah Pickus, Frank Schmiedel, Robert C. Smith and Margaret Stock. For more info see here


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

Dear Editor:
Today the earth stood still. I read the letters to the editor of Messrs. Algase, Yang and Murray (05/13/09 ID) and found no objectionable assertions of fact. I may not have liked not all the assertions about motives, but even there I found myself nodding along to Mr. Yang's letter's reading of the field of play. I would, however point out that an overstay is indeed a criminal if he intended to overstay when he came into the country on a legitimate visa - that would be visa fraud. In some situations almost all of us can come up with, that is indeed a safe assumption. That said, the government has to prove it if it wants to charge anyone with a crime. I wonder how long it will be before Democrats start getting blamed for inaction on the big picture of immigration reform despite lots of administrative reforms around the edges?

Honza Prchal, Esq.
Birmingham, AL

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