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Immigration Daily

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Immigration Daily June 23, 2009
Previous Issues
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Rain Or Shine

Today more than half the team members of ILW.COM are out sick, including the editor and the publisher. On the top of that, we had a 4-hour internet outage. We bring this issue to you with a skeletal staff, and will be back up to full staff by the end of the week. In the 10 years of the publication of Immigration Daily, we have missed only one issue and that was when our website was hacked destroying all its content. We produced the issue on 9/11 though we had to evacuate our offices. In the tradition of newspapers, we are committed to bringing you consistent daily delivery of timely information.

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


US Tax Compliance

The curriculum for our new 3-part telephone seminar series "US Tax Compliance" is as follows:

FIRST Phone Session on June 25: Resident or Nonresident?

  • Why tax residency matters
  • How tax residency is determined
  • What exceptions might apply
  • When residency begins and ends
  • When residency or nonresidency can be elected

SECOND Phone Session on July 30: Withholding and Reporting

  • Why special withholding rules apply to NRAs
  • What special wage-withholding rules can apply
  • When FICA exceptions apply
  • Who can claim tax treaty benefits
  • What special reporting rules apply
  • What the IRS is looking for on audits

THIRD Phone Session on August 20: Tax Returns for Foreign Nationals

  • When foreign nationals must file US returns
  • Who can file a Form 1040
  • Who can elect to file Form 1040
  • When other information forms are required
  • How taxpayers claim treaty benefits
  • What returns apply in the year residency changes
Wednesday, June 24th is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.


Guangzhou U.S. Consulate Non-Compliance With State Department Rules For Processing Marriage Based Visa Applications
John F Roth writes "Shockingly, the fraud in recent years comes not primarily from the applicants, but rather from the Consulate itself."

Hispanic Heresy: What Is The Impact Of America's Largest Group Of Immigrants?
Angel L. Reyes writes "Restricting Hispanic immigration on one hand reduces the number of Hispanic voters, but the Republican restrictions on immigration sends an unfriendly signal to Hispanics that they are not appreciated by Republicans."

Bloggings On PERM Labor Certification
Joel Stewart writes "While an approved PERM case is normally required, aliens may also apply without a PERM approval under Schedule A." To submit an Article for consideration, write to


USCIS Announces Resumption Of Premium Processing Service for I-140
USCIS announced that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).

USCIS Announces Elimination Of FBI Name Check Backlog
USCIS announced that, in partnership with the Federal Bureau of Investigation (FBI), it has met all milestones set forth in a joint business plan announced April 2, 2008, resulting in the elimination of the FBI National Name Check Program backlog.

Neufeld Memo On Adjudication Of I-140 For Physicians
Donald Neufeld, Acting Associate Director, Domestic Operations, published a memo amending the AFM by providing guidance on the adjudication of Form I-140, Petition for Alien Worker filed for certain physicians.

Neufeld Memo On EB-5 Job Creation and Full-Time Positions
Donald Neufeld, Acting Associate Director, Domestic Operations, published a memo amending the AFM and providing USCIS personnel with instructions related to the timing of job creation and the meaning of "full-time" positions in the EB-5 program.

CBP Publishes Automatic Revalidation Fact Sheet
CBP published a fact sheet on automatice revalidation for F-1, J-1 and M-1 visas.


Help Wanted: Immigration Attorney
Small immigration law firm in Northern Virginia seeks associate with 2+ years of experience in litigation before administrative tribunals. Good writing skills. Send resume at Must be fluent in Korean. Salary commensurate to experience. Good benefits.

Help Wanted: Immigration Paralegal
Small immigration law firm in Northern Virginia seeks immigration legal assistant with 2+ years of experience in business immigration law. Send resume at Must be fluent in Korean. Salary commensurate to experience. Good benefits.

Help Wanted: Immigration Professional
U.S. Committee for Refugees and Immigrants (USCRI), an Arlington, VA not-for-profit national organization dedicated to addressing the needs and rights of refugees and immigrants, is seeking a highly motivated proven leader to serve as Vice President. Responsibilities include oversight, implementation, and accountability for quality of programs and delivery of services. The Vice President reports to the President and CEO and works as part of the Senior Management Team. Strong and significant experience in program growth, development of proposals, project design, implementation and management, is required. He/She will have budget, fundraising and supervisory responsibilities. For a more detailed job description and application process please visit job openings at

Help Wanted: Immigration Paralegals
Leading immigration law firm, Foster Quan, LLP, seeks experienced immigration legal assistants for its Houston and Austin, TX offices. Applicants must have two years of employment based immigration experience. A university degree is required, as well as strong writing and communication skills and proficiency with Microsoft Word, Outlook and Excel. Foreign language fluency is preferred. Must be detail oriented, able to multi-task and have strong analytical and organizational skills. Send resume and cover letter via e-mail to, referencing the position title in the subject line.

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.

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


Utah Immigration Law Under Fire
Attorneys say some provisions are unconstitutional; defenders say economics is behind new law.

Report Says Immigration Crucial For Housing Recovery
Harvard brain trust predicts "strong" demographics will drive housing recovery, but immigration is a wild card.

More Foreign Nurses Needed?
For more than a decade, the US has faced a shortage of nurses to staff hospitals and nursing homes.

Immigration: It's Time
The American people have been far out front of the politicians on this issue, overwhelmingly supporting comprehensive reform.


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

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


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

Dear Editor:
I need to make a small correction in my letter (06/20/09 ID). I went to school in the Boston area for nine years, not seven . The boarding school where I received my high school diploma is the same one that the 41st and 43rd US presidents also attended (neither one at the time that I was there). There was more than enough anti-black prejudice go around in and near Boston, as everywhere else in America, during those years (1950's and 1960's). My graduating high school class had 200 students. Exactly two of those were African-Americans. In fairness, however, I have to say that one of those two African-Americans was elected class president by his overwhelmingly white classmates, even though that did not stop many of them from using anti-black (and anti-Semitic) racial epithets as a regular matter. Incidentally, the same class president later had a distinguished career as a judge, including serving on the highest court of one of our largest states. If space permitted, I could give countless other examples of blatant racial discrimination in the North during my younger years, but so could innumerable other people who were growing up then They would show clearly how little knowledge Honza Prchal's letter (06/18/09 ID) demonstrate about the recent history of race relations in America. I therefore have to agree with the letter's statement that the writer's presence in school would not have made his black classmates any smarter. To the contrary, there are no doubt many lessons about racism in America, past and present, that the writer of Mr. Prchal's letter could have learned from these same classmates.

Roger Algase, Esq.
New York, NY

Dear Editor:
The letters of my esteemed collegue, Roger Algase, (06/20/09 ID) focus on the racial issues of the immigration debate. And well they should, because for better or for worse, there is always an element of race in the social interaction of our diverse nation. I am beginning to agree with Mr. Algase's letters that immigration is largely racially motivated, but perhaps not for the same reasons. Living in California almost forty years, I have long been concerned by its Hispanization, where we are affected more than any other region of the US, except possibly Miami, where seemingly, if you are not Cuban, and if you don't speak Spanish, you may as well not exist. I believe the world should be a bigot free zone, but alas, it is not and prejudice and bigotry rear their ugly heads far too often. For instance, I am troubled by the following remark in recent New York Times Editorial, entitled Immigration: It's Time, "Mr. Obama needs to break the stalemate on immigration. And he needs to do it soon. He owes it to the Hispanic voters whose overwhelming support helped push him into the White House, and to the undocumented immigrants whose lives have been made miserable under a cruel, ill-conceived enforcement crusade that was concocted in the last administration and survives into this one." Now that, to me, is raciest. The editorial takes the position that CIR is inevitable, so why put it off any longer? It brands our immigration laws as "unjust" and enforcement "corrupt", a suppression of "rights", seemingly taking the position that immigration reform is all about amnesty and rewarding Hispanic voters. It is not. It is about overhauling our archaic system of meaningless rules that infringe on fairness to the nation as a whole, not to Hispanics, not to illegals.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
It appears that Mr. Algase's letter (06/17/09 ID) needs to reevaluate the statement that you can't "find anything in any of my letters that even remotely blames Christians or whites in general for prejudice or violence, whether toward Jews, Latinos or any other ethnic group. None of my letters has ever made such a claim." . A review of his letter (06/12/09 ID) finds the following statements: "A half century ago, it was hardly unusual for many, if not most, white, Christian Americans to despise Jews and people of color..." and continues further with "Today, the main objects of hatred for many white Americans have changed; the prime targets are now Latino, Asian and Middle Eastern immigrants rather than native born Jews and African-Americans." The letter's use of words like "many" and "most" must be what causes the confusion. While Mr. Prchal's letters (06/18/09 ID) are more than capable in defending themselves in the debate over race-neutral policies and busing, it appears to me that there is a misunderstanding between the letters' statements of the ideal and proper policy being race-neutral and the policy of desegregation that was historically viewed as necessary to insure equality in education (note that court-ordered busing in many cities including Boston, Charlotte and others has been ended with debatable success). My experience living in a vibrant community where minorities rule has been that educational success today is tied more to the economic success of the community and its members rather than the color of the community.

M. Jacobs

Dear Editor:
I am grateful to be informed of the news in your Immigration Daily although I used to get the weekly too but since my e-mail was changed this has not returned. Some of the information is very valuable in what I do to help my "Latino" population. I am retired and an immigrant proudly an U S Citizen at this time but almost 20 years ago I promised "My Lord" I would do what U can to my "Lainos". I have done fairly well in this endeavor thanks in the last 10 years to your information. I appreciate your Daily Immigration very much.

Gladys C Farris

Dear Editor:
Despite past racism, persecution and injustice on Chinese and Asian immigrants in general, Asian Americans have proven themselves to be the highest achievers and contributors in this country. Today, the State of California is about to issue a formal legislation to apologize to Chinese Americans of past racism, injustice and treatments on Chinese immigrants and I am sure in the future, we owe those we call today as "illegal immigrants" a huge apology as well as we separate their families and calling them names, denying them the rights of shelters by making their life as difficult and incovenient as possible because lack of "legal status and papers". Soon in the future also, we will say an apology to LGBT community because we take away their rights to be equal in marriage and their immigration rights for their foreign partners because we must cater some holier than thou religious fundamentalists trying to mix their biased, outdated and flawed beliefs into politics and public laws. We have seen so much hypocrisy championed by "family values and protect the sancitity of marriage" Republican politicians who have fallen from grace by cheating on their spouses, engaging in closet gay sex but yet preaching anti gay messages and became pedophiles themselves. It's time to say enough is enough, it's time to treat all human beings as equal. There should be no place for discrimination and apartheid policies on this planet especially those designed to cater selfish protectionists who hate competition.

Robert Yang

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

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