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Immigration Daily

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Immigration Daily May 15, 2009
Previous Issues
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Bernanke On Immigration

An USA Today editorial points out the self-defeating nature of our immigration policy which forces thousands of foreign graduates with sought-after skills and brainpower to leave the country. It quotes Federal Reserve Chairman Ben Bernanke. " "Our immigration laws discriminate pretty heavily against highly talented scientists and engineers who want to come to this country and be part of our technological establishment," Bernanke told a congressional panel. By opening doors to more people with top technical skills, he predicted, "you'd keep companies here, and you'd have more innovation here, and you'd have more growth here." "

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


The H-1B Book

The pertinent part of the Table of Contents for The H-1B Book is as follows:


  • The Complete H-1B Process: Attorney Flowchart
  • The H-1B Process: Attorney's 10-Step System
  • Overview of H-1B Visas

First Step: Interview The Client

  • Qualifying the Position as a Specialty Occupation
  • Qualifying The Employee
  • Meeting Wage Requirements
  • Lawyer's H-1B Consultation Questionnaire Form
  • Lawyer's H-1B Task Checklist
Second Step: Send The Client Intake Forms And Related Information
  • Intakes Summary
  • H-1B Employer Intake/Questionnaire Form
  • H-1B Worker Intake/Questionnaire Form
  • The Complete H-1B Process: Company Flowchart
  • The H-1B Process: Company's Step-By-Step Explanation
  • Explanation and instructions for spouses and children
Third Step: Credentials: Verify That The Worker Has A US Bachelor's Degree Or Equivalent
  • Credentials Summary
  • If the worker has a U.S. degree - no evaluation is necessary
  • If the worker has a foreign degree - order credentials evaluation
  • If the H-1B petition is based on work experience or combination - order a work experience evaluation
  • List of credentials evaluation firms, web sites and phone numbers
Fourth Step: Determine The Prevailing Wage
  • Understanding the Prevailing Wage
  • Determining the Prevailing Wage
    • O*NET, SOC, Wage Levels, Job Zone and SVP
    • SESA or SWA Wage Determination
    • FLC Data Center Wage Determination
    • Wage Determination Through Other Wage Surveys
  • Practice Examples in Determination of the Prevailing Wage
Fifth Step: Prepare And File The Labor Condition Application (LCA)
  • Introduction to the Labor Condition Application (LCA)
  • Preparing and filing the Labor Condition Application (LCA)
    • Online LCA filing
    • Complete Online LCA and Receive LCA Approval Online
    • Completing the LCA: Step by Step
    • H-1B Dependent Employers Worksheet for the LCA
  • Detailed Description of Form ETA-9035E and its Obligations
  • Sample of completed LCA (form ETA-9035E)
  • Copy of form ETA9035CP (LCA cover pages)
Sixth Step: Prepare The I-129, Related Forms And Petition Letter
  • Form I-129
  • H supplement to Form I-129
  • Form I-129 H-1B Data Collection Supplement
  • Form G-28
  • Form I-907 if premium processing is applicable

  • If the H-1B worker has a spouse and/or children:
  • Form I-539
  • Form I-539 Supplement 1 (if necessary for other family members)
Seventh Step: Send All The Forms And Petition Letter To The Client For Review & Signature
  • Sample letter to client
  • LCA posting notice
  • Sample Letter to Employer Regarding Public Access File
  • Memorandum to employers on Labor Condition Application
  • Public Access File sample
Eighth Step: Assemble The H-1B Petition And Send To The USCIS Service Center
  • General Filing Instructions (including list of service centers and filing addresses)
  • Sample Cover Letter
  • H-1B Petition document checklist
  • Sample list of exhibits
Ninth Step: Troubleshooting
  • Introduction
  • Request for Additional Evidence
  • Dealing with the dreaded request for evidence
    • Sample Response to Request for Additional Evidence
    • Second Example of Response to Request for Additional Evidence
  • I-9 Compliance, Social Security Numbers and Driver's Licenses
  • Changes in H-1B Employment and Amendments
  • How Mergers, Acquisitions and other corporate Transactions Affect the H-1B
Tenth Step: Post-Approval Case Management
  • Summary of Post-Approval Issues
  • Sample H-1B Approval Letter to Employees that are in the U.S.
  • Sample H-1B Approval Letter to Company - Employee(s) Abroad
  • Sample H-1B Approval Letter to Employees Abroad
  • Non- Immigrant Visa Consular Processing Information Sheet
  • H-1B Degree Equivalency by Mikiel J. Davids
  • Reviewing The Path To Permanent Residency by Courtney Black and Karen Weinstock
  • Traveling On An H-1B Visa While Petition Or Application Is Pending by Ari J. Sauer
  • Dealing With Gaps In Employment by Rajeshri S. Patel and Karen Weinstock
  • Temporary Visa Alternatives To The H-1B by Courtney Black and Karen Weinstock
  • The History And Economic Impact Of The H-1B Visa by Elissa Taub, Melissa Downing and Karen Weinstock
  • When Are H-1B Visas Cap Exempt? by Karen Weinstock
For more information about the book and to order, see here. For the fax form, see here.


Bloggings on Nurse and Allied Health Immigration
Christopher T. Musillo writes "omewhat surprisingly was the retrogression of EB2 numbers for the Indian and Chinese categories."

Immigrants Of The Day: Linda Katehi of Greece
Kevin R. Johnson writes "She was selected by President George W. Bush to chair the President's Committee on the National Medal of Science."

To submit an Article for consideration, write to


Neufeld, Scialabba, Chang Memo On Consolidation of Guidance on Unlawful Presence
Donald Neufeld, Acting Associate Director, Domestic Operations Directorate, Lori Scialabba, Associate Director Refugee, Asylum and International Operations Directorate, and Pearl Chang, Acting Chielf, Office of Policy and Strategy issued a memo consolidating the guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the Act.

EOIR Announces Disciplinary Actions
The Executive Office for Immigration Review (EOIR) announced that it has recently taken disciplinary action against 11 attorneys for violations of the Rules of Professional Conduct for immigration practitioners.


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.

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.

I9 Audit Services
Do your clients need substantive due diligence for the employment provisions of the INA? Omega Secure Solutions (OSS), Inc. offers a cost effective option to review your client's I9s which can help your law firm gain competitive advantage. OSS has a national workforce of retired immigration investigators. All our Associates have a minimum 25+ years as distinguished INS / ICE senior special agents. OSS provides a comprehensive plan to demonstrate to the satisfaction of ICE that your business clients are serious about complying with the INA so that devastating adversarial action does not become a reality. We understand the law and the bureaucracy that administers that law. Omega ... the last word in Homeland Security support. To learn more about our services including HR training, employer-worksite compliance programs, I-9 audits, all at competitive rates, contact Bob McGraw, President, Omega Secure Solutions at or 410-263-9500.


DHS Chief Pressed On Immigration And Border Security
Senate and House lawmakers pressed Homeland Security Secretary Janet Napolitano Tuesday to explain the Obama administration's policies for enforcing border security and immigration laws.

Latino, Asian Growth In US Slows
Deterred by immigration laws and the lackluster economy, the population growth of Latinos and Asians in the U.S. has slowed unexpectedly.

Immigration Amid A Recession
As the economy deteriorates, the debate over the economic impact of immigrants rises.

Finding Friends Of Immigration Reform In High Places
Immigration reform has been called the third rail of politics for being such a charged issue, but lately lots of people have been touching that third rail without getting zapped.


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

Immigration Event - Washington, DC
May 20 - The Migration Policy Institute is pleased to present E Pluribus Unum Prizes - Awards Ceremony and Reception. This national awards program provides prizes annually to exemplary immigrant integration initiatives. For more info see


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

Dear Editor:
Honza Prchal's letter (05/14/09 ID) asks how long it will take before the Democrats get blamed for inaction on immigration. Judging by their failure to come up with any kind of a coherent plan or idea about immigration, and given President Obama's tendency in so many areas to try to please everyone, which may be somehow possible with banking, finance, mortgages, healthcare or even torture, but is totally impossible with immigration, it should not take very long at all for the Democrats to be blamed for inaction, and rightly so.

Roger Algase, Esq.
New York, NY

Dear Editor:
Follow-up to my letter (05/13/09 ID), regarding the availability of Adustment of Status under INA 245 and the Bars to Admissibility under INA 212(a)(9)(B): There are two "bars" to admissibility for aliens "unlawfully present" - Bar (1) unlawfully present for more than 180 days - inadmissible for 3 years from date of departure; Bar (2) unlawfully present for 365 days or more - inadmissible for 10 years from date of departure. The bar arises under three circumstances: (1) illegal entry, (2) overstayed for the requisite period, or (3) engaged in unauthorized employment. An overstayed alien, married to a US citizen, who entered on a valid visa and who does not leave the US, is entitled to adjust status in the US, because they are exempt under INA 245(c). Note that advance parole does not overcome the bar. Upon leaving the US, the applicable bar to admissibility arises. An illegal alien who enters the US without inspection cannot adjust status, because they are not exempt under INA 245(c). They must leave the US to apply for a permanent resident visa at a US consulate, and thereafter file a form I-601 waiver of the bar to admissibility. Former INA 245(i) waived the bar to admissibility for qualifying aliens, upon the payment of an additional $1,000 filing fee. I believe Congress should reinstate the now defunct 245(i), solely for the benefit of spouses of US citizens, as I see no reason to waste everyone's time and money, just to achieve the same result at the consulate as if they had adjusted under 245(i). As to any form of 245(i) relief ever applying to employment situations, probably not - there appears to be no rational practical or humanitarian basis when it is based purely on economics.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I'm enjoying the discussion of whether or not illegal aliens are "criminals", per se, and whether or not the proper term is "illegal alien" or "illegal immigrant". What I know about the immigration laws, I learned as a Border Patrol Agent, before retiring in 1995. We spent many hours "discussing" which terms were correct and spent a lot of time trying to figure out which deportation charge to use on the charging documents. On our documents and reports we used the terms "illegal alien" or "alien illegally in the US". As to the term "immigrant", I don't believe the term means that the alien has legal status, although that's what popular perception is. The immigration law defines the term "immigrant" as "any alien", except an alien lawfully admitted as a non-immigrant. Thus, in my humble opinion, either term - "illegal alien" or "illegal immigrant" - would be proper. And, no, it's not a crime for a non-immigrant alien to overstay his/her visa or to violate the terms of his/her admission, such as working without permission, conviction of a felony, etc. I do believe an alien who obtains admission through "the concealment of a material fact" or "wilful misrepresentation" would be guilty of a crime. And a pet peeve, not every alien who enters on a non-immigrant visa is legal; it depends on the alien's "intent" at the time of entry. For example, an alien who obtains a non-immigrant visa by claiming to be coming to the US for a brief visit but whose actual intent was to look for work in the US, would be illegal at the time of entry. The "9/11" hijackers who came to the U.S. on non-immigrant visas would never have been legally here if their "intent" at entry was to commit their terrible acts.

John H. Frecker
Baileyville, ME

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Maria F. Robalino

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