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Immigration Daily August 11, 2009
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Students: F, J, and M

ILW.COM's latest seminar is Students: F, J, and M, with speakers Steve Springer (discussion leader), Parker Emerson, Liz Goss, Elizabeth James, Greg Simkiss, and Other Speakers To Be Announced. The curriculum is as follows:

FIRST Phone Session on August 13: Intricacies of the F, J, and M Student Classifications

  • Overview of F, J, and M student classifications - maintenance of status, changes in program (extension, transfer, change of level, etc.), and reinstatement
  • Players and roles (ICE/SEVP, USCIS, DOS, attorneys, Designated School Officials, and Responsible Officers)
  • Institutional responsibilities
  • What you need to know about SEVIS and SEVIS reporting (an overview and update)
  • The two-year home residence requirement for some Js
  • Dissecting "duration of status" and overstay/unlawful presence issues for Fs, Js, and Ms
  • Effect of lawful permanent residency process on status and eligibility for benefits
SECOND Phone Session on September 10: F, J, and M Student Employment
  • F-1 employment-processes and parameters
    • Employment based on severe economic hardship, employment with an international organization, and special student relief
    • On-campus employment
    • Curricular practical training, including institutional policies and practices
    • Optional practical training (When is it available, and what is a "higher level" of study?; Appropriate employment; STEM extension of optional practical training; "Cap-gap" extension of status and work authorization; Requirements of employers, DSOs, and students, pitfalls (such as unemployment), and unresolved issues and anticipated developments)
  • J-1 employment-processes and parameters
    • Employment based on unforeseen economic circumstances and special student relief
    • On-campus employment
    • Academic training, including special issues concerning post-doctoral employment
  • M-1 employment-processes and parameters
    • General prohibition
    • Post-completion practical training
THIRD Phone Session on October 15: F, J, and M Student Visa and Status Acquisition and Travel
  • Restrictions on study for Bs and F-2s, and study as a secondary activity for those in non- student classifications
  • SEVIS, travel, visa acquisition, and change of status, including recent developments concerning SEVIS fee payments
  • Change of status to/from F, M, or J
    • Process, documents, and strategy/timing issues
    • Grace periods and change of status
    • Two year home residence requirement and change of status
  • Travel, the necessary documents and "authorizations"
  • Visa acquisition
    • Timing, documents, plans, and overcoming INA 214(b)
    • Recent DOS cables, adjudications, and indications from consular officials
    • Security checks and delays
    • Third-country-national visa processing in Canada and Mexico (including INA 222(g))
  • Optional practical training, travel, and visa acquisition
    • Travel while awaiting the employment authorization document
    • Travel while engaged in OPT, including employment requirement
    • Travel during cap-gap extension and STEM extension
    • Travel while engaged in OPT with an approved future change of status to H-1B
  • Travel to re-establish status (as an alternative to reinstatement)
  • Travel and "automatic extension of visa validity"
Wednesday, August 12th 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.


Precedent Decisions Of The Board Of Immigration Appeals In Fiscal Year 2008
Juan P. Osuna and Jean C. King write "This article summarizes these published decisions (Interim Decisions 3586 through 3623), which covered a broad range of legal and procedural issues that come before the BIA and the Immigration Judges."

Inside The Judges' Chambers: Narrative Responses From The National Association Of Immigration Judges Stress And Burnout Survey
Stuart L. Lustig et al. for the Georgetown Immigration Law Journal write "Among this population we recently quantified stress and burnout using objective survey measures that showed that IJs suffer from significant symptoms of secondary traumatic stress and more burnout than has been reported by groups like prison wardens or physicians in busy hospitals."

Bloggings On PERM Labor Certification
Joel Stewart writes "Accordingly, when an I-140 petition is thoroughly documented, evidence about the alien's qualifications should be accepted by DHS, even though it was omitted from the 9089 Form Park K inadvertently or purposely by a poorly informed preparer, who may be the Employer himself!"

To submit an Article for consideration, write to


CBP Expands Global Entry Program
U.S. Customs and Border Protection (CBP) published a notice in the Federal Register announcing the expansion of the Global Entry Program to thirteen additional airports.


Help Wanted: Immigration Paralegal
Washington, DC - Fragomen, Del Rey, Bernsen & Loewy seeks an experienced Paralegal for its D.C. office. This is a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidates have 2+ years experience with all aspects of business immigration, including H-1B and L-1 visas, PERM, Immigrant Visa Petitions, and Applications to Adjust Status. The Paralegal will have the opportunity to manage caseloads with a large degree of independence; communicate with clients regarding procedural and case processing issues; update and maintain client status reports; prepare bills; and serve as a team resource. Very competitive salary and benefits for the right candidate. Please email your cover letter, resume, and writing sample (Word or Adobe formats only) to Robert F. McCafferty, Human Resources/Office Manager, at Or fax same to 202-371-2898. EOE.

Help Wanted: Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks experienced attorneys for its Refugee and Asylum Law Division in Washington, D.C. Responsibilities include, but are not limited to, advising the Division Chief, the Chief Counsel, and USCIS on issues relating to US immigration laws and international treaty obligations, and providing legal advice on domestic asylum law and practice, overseas refugee resettlement programs, temporary protected status, and the Convention Against Torture. J.D. degree, active bar membership, 1+ years of post-J.D. experience required. For full details enter COU-CIS-2009-0007 here. Applicants must submit (1) writing sample (5 pps. max) (2) resume (3) cover letter, to All submissions must be received by close of business on August 14, 2009. GS-13/15. Position open until filled. No relocation allowance offered.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney with experience in immigration law and training for the Training and Knowledge Management Division (TKMD). Responsibilities include, but are not limited to, the development of course materials and delivering of instruction, developing and managing content with the USCIS Knowledge Management Center, and serving as an advisor to the Chief of the TKMD, the Chief Counsel, and to USCIS on issues relating to immigration laws. J.D. degree, active bar membership, 3+ years of post-J.D. experience and experience in classroom instruction required. For full details enter COU-CIS-2009-0006 here. Applicants must submit (1) cover letter (2) resume , (3) two writing samples (10 pps. max) to OR Mail to: Janice Neetenbeek, Chief, Training and Knowledge Management Division, OCC, U.S. Citizenship and Immigration Services, 8801 N.W. 7th Ave., Suite 2012 Miami, Florida 33150. Applications faxed or submitted through USAJOBS will not be considered. All submissions must be received by close of business on August 14, 2009. GS-13/15. No relocation allowance offered.

Help Wanted: Immigration Attorney
Midtown NYC - Attorney for nationally recognized immigration firm specializing in immigration for physicians, scientists, and business professions. Will train but experience with O-1's and EB-1's a plus. Please send resume + writing sample to

Credential Evaluation And Translation
Why do the largest law firms, corporations and universities in the U.S. choose AETS for their foreign credential evaluations? Because as the nation's leader in foreign credential evaluations and translations, American Evaluation & Translation Service, Inc. (AETS) provides the most competitive rates in the industry - $75 educational evaluations, as well as $300 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, see: Please contact AETS at anytime at (786) 276-8190, visit , or email:

Case Management Technology
Offering enterprise-level software and unparalleled US-based support, TrackerCorp 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 sales@trackercorp.


Doughnut Company Sentenced In Immigration Case
A federal judge has ordered stiff sanctions against a Houston-based doughnut maker for harboring illegal immigrants.

Obama Sees Early 2010 Start On Immigration Reform
Speaking to Hispanic reporters at the White House, Obama said he hopes a bill for comprehensive immigration reform will be drafted by the end of this year.

A Look At The US Immigration Detention System
A look at the amounts paid per night for each immigrant at some of those facilities, according to public records.

Lady Liberty Tweets
How hip is this for a 122-year-old lady?


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

Dear Editor:
As the descendant of a third generation German immigrant, Benjamin R. Bittle, who fought bravely for the Confederacy with Company G, Third Missouri Infantry, Missouri Brigade at Vicksburg and in defense of Atlanta, where his record was about like mine with the 11th Circuit, I would gently encourage you to gain some historical perspective in attempting to use the Confederacy as means to tar the Republican party on immigration. (08/10/09 ID comment) After all the Confederacy was the first national government on the North American continent to give cabinet level office to a descendant of Jewish immigrants. I refer of course to Judah P. Benjamin, who at various times served as Secretary of State, War and Attorney General in the Confederate States of America. Second, as to the Sotomayor vote, my Missouri ancestors would be surprised to learn that Kansas was part of the Confederacy, not to mention Utah, Iowa, Wyoming, Idaho, Nebraska, South Dakota, Arizona, and Alaska, yet Republican senators from all those states voted against confirmation. And on the so called "birther" movement, give it a rest already. No Republican leader subscribes to this nonsense, while such responsible conservative publications as National Review have repeatedly denounced this looniness. Unforunately, such outlandish views, like belieing that the moon landing was phoney or 9/11 was staged or the Bush national guard documents in Dan Rather's news report weren't forgeries are the price we pay for a free society and should not affect our serious consideration of immigration issues.

Thomas E. Moseley, Esq.
Newark, NJ

Dear Editor:
The only value of the letters of GNM, Ridinin and Jack (08/06/09 ID), among many other similar recent ID letters praising America's foremost and most vicious bigot, Sheriff Joe Arpaio, the modern day incarnation of the notorious Sheriff Bull Connor of the old, segregated South, is to show how deep the hatred against Latino and other brown skinned immigrants really is in America and how total its control is over today's immigration policy. How can supporters of a man who is the embodiment of the worst in America's racist traditions while masquerading as a law enforcement officer dare to call themselves Americans, even as they betray the principles of tolerance and racial equality that have made this country great above all others? With this thought, and no doubt to the relief of many ID readers, I will now really and truly sign off until next month.

Roger Algase, Esq.
New York, NY

Dear Editor:
Jim Roberts's letter (08/10/09 ID) takes yet one more opportunity to take a pot shot, rather than adding anything meaningful to the immigration debate, when it says, "The D. Murray letter (08/07/09 ID) falsely believes that the addition of an Esq. after the name enhances the credibility of the content which is absurd and the practice is in reality, anti-American and a relic of the English King hierarchical society dominated by titles, ranks, and nobilities." My letter made no reference to "enhancing credibility". My letter remarked that we know who the immigration lawyers are, but we don't know who the other authors are. People with no identity could be the hierarchy of special interest groups like VDARE, FAIR, CIS, etc., hiding in disguise, under a pseudonym like the Lone Ranger of past ID letters. So, I wonder, will the real authors care to step forward and reveal their identity and affiliation to any special interest group, if any? We lawyers do, by adding the Esq. and we feel no shame in this, nor do we feel any special privilege, just a way of identifying who we are. As to Robert Yang's letter (08/10/09 ID), who claims to be ABC (American Born Chinese), my reference to his apparent status as a permanent reference applicant was simply a result of a comment he made in a previous letter, where he identified himself as such. I would think that the letters of an ABC, born and educated in the US, would have a better command of the English language than the letters have exhibited in the past. So what are we going to do about the Amnesty issue in CIR? It there is to be one, how should it be structured procedurally, so as to be fair to all?

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
The other day I came across a post in the blogosphere containing a four-letter hate word beginning with "S", that is often used against Hispanics, to describe Justice Sonia Sotomayor. If her parents had been Mexican, instead of Puerto Rican, I am sure the blogger would have called her an "illegal alien" or "anchor baby" instead, without any change in meaning.


Dear Editor:
Regarding ID comment (08/10/09 ID): I cannot see why the persecution of Obama regarding his Birth. He is the President and to do this shows the bigotry of the nation per se. So this man who is our President is being audited after he was proclaimed and sworn in. What does that relay to the world but how little we are.

Gladys C Farris

Dear Editor:
Before discussing a topic, one must try his best to inform oneself of the subject at hand. I would like to respond to Mr. Murray's letter (08/07/09 ID), that Hispanic is an ethnicity and not a race. Hispanics are white, brown and black. What makes us Hispanics is our culture, our surnames and our language. Some of us are white, some of us are pure indian, mixed indian and white and some of us are mixed white, indian and black. It matters not. We are Hispanics. While is it true that some South Americans are of German, Italian, French and Eastern European heritage, the majority are of Spanish (Spain) heritage. Yes, I am Hispanic, 100 per cent. And yes, I believe in pulling up the ladder. I didn't come to this country to see it turned into the mess that I left behind.

Haydee Pavia
Laguna Woods, CA

Dear Editor:
I think it is just so funny how people can sit there and criticize illegal mexican when they work as hard as they do out in those fields all day in the hot sun sleet hail snow and you are sitting in an air conditioned office or what not. you will rarely ever see an american out in the field doing anything period without complaining about it. if it wasnt for them working for very little money we would be screwed. i see mexicans all the time helping out farmers and doing yardwork and everything else. it seems that nobody looks at the positive side and all the good and helpful things they're doing for us. theyre not doing anything to us. most of the construction going on is mexicans like to see the people talking crap get out in those fields from 4:30 in the morning to 9 at night and not get paid like everyone else! the majority of the people sayin this are racists and are just doing it to be doing it i dont remember god splitting countries and races apart. that is something that was done just to be done. all the people who claim to be big christains and are doing all this im sure the lord isnt congradulating you. think about it.

Tabatha McEnaney

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