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Immigration Daily July 16, 2009
Previous Issues
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Website Outage

On July 15, 2009, Wednesday evening, starting at 6pm ET we are moving our website to a new server. This will enable us to significantly improve our underlying technology infrastructure. As the website moves from the old server to the new server, users may experience intermittent outages, such as inability to connect to the website or significant parts and features thereof. We expect to be settled in our new server and fully functional in a day or so. We apologize for any inconvenience to our readers during our server move. Those corresponding with us on business during the server outage should rest assured that we will be constantly monitoring our emails at

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


Today Is The Deadline For Know Your Red Flags and At-Risk Clients. Do Your Due Diligence Like Your Career Depends on It

The curriculum for the Thursday July 16th second session of "Consular Processing For Experts" is as follows:

  • Avoiding Audits and Task Forces: Best Practices in an Environment of Data-Mining and Surveillance of Immigration and Consular Applications
  • Background Checks of Non-Immigrants and Immigrant Visa Applicants - Who Gets Checked, How it Gets Checked, and What to Expect
  • Specific systems and criteria that State Dept. visa officials and USCIS examiners use to identify problems
  • Law Firm Risk Management of high-risk clients
  • Profiling and red flags that DOS and various federal agencies use to assess the persons and entities they investigate
  • Resources for attorneys to develop their own risk assessments, and a practical guide to risk factors and self-audits. Guide to approaching cases like a consular examiner or USCIS examiner
  • Lessons learned from Anti-Money Laundering (AML) and counter-party risk reduction programs of large international banks and accounting firms to reduce/mitigate the risks counsel is ensnared in government databases and potential investigations
  • Approaches for solo practitioners and small companies to develop in-house systems to identify and mitigate risks
  • Discussion of select consular posts
  • Hot topics update
Don't wait to register, today is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form:


Now We Are Seven: Time For CSPA Status Check
Charles Wheeler writes "This state of flux will continue until the USCIS issues regulations or provides meaningful guidance through an omnibus memo."

Bloggings On Immigration Law And Policy
Greg Siskind writes "The Hatch widows bill (which removes the requirement that a couple must have been married for two years before a US citizen dies) passed in the Senate and included in that bill were provisions extending the religious worker green card program and the Conrad 30 J-1 physician waiver program."

Language, Loyalty, And Liberty
Becky Akers for the Foundation For Economic Education writes "The equanimity with which Americans have watched their freedoms flee puzzles many of us, but perhaps I've solved the mystery."

To submit an Article for consideration, write to


DOJ Provides Guidance To Employers On E-Verify
Office of Special Counsel for Immigration-Related Unfair Employment Practices, of the Department of Justice published "E-Verify: Employer Dos and Don'ts"

DOS Issues Notice Of Trafficking Victims Pamphlet
Department of State issued a notice of publication of an information pamphlet on legal rights and resources for aliens applying for employment or education-based nonimmigrant visas, as mandated by Section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.


Help Wanted: Immigration Attorneys
Midtown Manhattan - Boutique law firm seeks two attorneys: 1) Senior attorney with 3-7 years experience to manage own caseload of employment-based immigrant and non-immigrant visa petitions for a wide range of professionals, including research scientists, artists/designers, athletes, IT professionals, etc, family-based petitions, motions & EOIR matters. May also handle some litigation matters. 2) Junior attorney with 1-3 years experience to assist Senior attorney with business & family immigration matters and handle personal injury/no fault and matrimonial litigation. This position requires admission to NY Bar; admission to NJ Bar is a +. Both positions require great initiative and follow-through, as well as excellent writing and interpersonal skills. Ideal candidates will have graduated in the top 1/3 of their class and have Journal experience. Salary DOE. Please email cover letter and CV to

Help Wanted: Immigration Paralegals
Downtown Washington, DC (K Street area) - Fast-paced boutique immigration law firm seeks legal assistants. 1-2 yrs exp req.d in business/family immigration law. Interesting work and clientele; no timesheets; latest technology; competitive salary and benefits (401K, health insurance, paid vacation, etc). Successful applicants will be detail-oriented, able to handle volume, highly organized and strong communicators. Email resume, cover letter and salary reqs to No calls please. EOE.

Help Wanted: Immigration Attorney
Lincoln, Nebraska - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney for the position of Service Center Counsel at the Nebraska Service Center (NSC). Responsibilities include, but are not limited to, serving as an attorney providing legal advice to the NSC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security; writing visa appeal briefs and providing litigation support to the U.S. Attorney's office on cases arising from Service Center adjudications. J.D. degree, active bar membership by the entry on duty date. For full details enter COU-CIS-2009-0005 here. Applicants must submit (1) resume , (2) writing sample (10 pps. max), (3) references to All submissions must be received by close of business on July 17, 2009. GS-13/15, position open until filled. No relocation allowance offered.

Help Wanted: Immigration Paralegal
Las Vegas, NV - The Law Offices of Garcia-Mendoza & Snavely seeks an experienced paralegal to perform all types of business and family visa packages under supervision of attorney. Minimum 3-5 years experience required. Salary to be negotiated. Firm provides benefits including paid vacation and sick leave plus profit sharing plan. Located in a free standing building on ground level in downtown. Parking is free. Submit resume + cover letter to All replies remain in confidence.

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.


Congress Urged To Revise Post-9/11 Real ID Act
Homeland Security Secretary Janet Napolitano wants Congress to roll back some of the more stringent and "needlessly expensive" post-9/11 driver license requirements.

US And Cuba Launch Immigration Talks
During the one-day meeting the countries reaffirmed their commitment to promote "safe, orderly and legal migration"

DHS, Congress Look To Strengthen E-Verify System
Critics say the federal system is still prone to mistakes due to bad data.

Change Coming To Immigration Enforcement
ICE will prioritize inmates according to crime.


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

Immigration Event - Washington, DC
July 17 - Institute for the Study of International Migration invites you to 'The Challenge of Circular Migration: A Triple Win Solution?' at Georgetown University Law Center. For more info and to rsvp see:


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

Dear Editor:
Our staff returned from the AILA Conference and briefed the firm about what the government officials had to say about the PERM process. After listening intently to a presentation about the PERM, I turned to our staff of lawyers and paralegals and pronounced: "PERM is dead". It was refreshing that ID comment today (07/15/09 ID) confirmed my thoughts at that time. You insights are (unfortunately) "spot on".

David H. Nachman, Esq.
Ridgewood, NJ

Dear Editor:
I support Comprehensive Immigration Reform as much as Robert Gittelson's letter (07/15/09 ID) does, but I am not as optimistic about CIR's chances. If that is cynicism, so be it. The legal immigration system is in crisis, not because we don't have CIR, but largely because of administrative policies which President Obama could change with a few pen strokes or even phone calls. For example, despite the chronic shortage of H-1B visas, FY 2010 visas are still available. Then why did the US Department of Labor cancel its policy of certifying H-1B Labor Condition Applications on the same day and replace it with a new system that now takes a week? And why is the Labor Department being allowed to get away with the audits and many other abuses that are wrecking the PERM system? Why has USCIS been permitted virtually to gut the L-1 visa system? Why is it so hard for smaller companies to get H-1B approvals? Why do we see so many USCIS announcements about I-9 enforcement and flawed programs like e-verify, and so few about improving the quality and speed of adjudications? A century ago, the mayor of Vienna (Austria, not Virginia) was elected on an anti-Semitic platform even though he was said to have great personal regard for Jews. A Jewish friend once told the mayor that he would have respected him more if the mayor had genuinely hated Jews instead of just pretending to in order to get elected. Some of the Republicans who were responsible for the Bush-era, post-June 2007 "enforcement only" policies that are still being pursued by the Obama administration at least openly hated immigrants. They have been replaced by Democratic cowards, panderers and hypocrites.

Roger Algase, Esq.
New York, NY

Dear Editor:
I am simply flagerghasted at the remarks of Linda Dysart's letter (07/15/09 ID) which claims that the USCIS filing fee (which the letter incorrectly states as $800, while in fact it is $675) is the reason the letter writer is not becoming a US citizen, calling the fee outrageous, claiming that the letter writer's "priorities" do not include paying "$800 just to vote." While the law allows permanent residents to live in and enjoy the benefits of the US without requiring them to become citizens, it it interesting that the letter argues that voting in the US is not worth $800. I believe this point of view loses sight of the very core of the United States of America, one nation, under God, with liberty and justice for all. "One man, one vote," as the old saying goes (and before women's sufferage it meant exactly that). Without the vote we would not have the freedom we in the US enjoy. Without the vote we would have no democracy. Perhaps in the letter's indignation that the US would require payment of a filing fee overshadows the love of the country and the ideals upon which it was founded. I quoted John F. Kennedy from his inagural speech and I will quote it once more here, "Ask not what your country can do for you, ask what you can do for your country." I believe $675 is a small price to pay for a piece of the pie that so many seek.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Just a thought. Everyone in this country is an immigrant. The continual renewal of our society by people who are not preoccupied with video games 24 hours a day is a good thing. Slam the doors and the stagnation of the culture that made this country so great will begin immediately. "Give me your tired, your poor... send these, the homeless, tempest tossed, to me, I lift my lamp beside the golden door." It seems like a lot of people would like to replace the door with a brass model.


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