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Immigration Daily August 13, 2009
Previous Issues
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Birthers And Immigration

We follow the lunatics called the Birthers since they are raising issues of fact and law, both of which concern citizenship and nationality, a core issue that we have traditionally covered in Immigration Daily. The issue of fact is, of course, ridiculous no one has any reason to doubt either the integrity of Hawaii's vital records or the integrity of its elected officials (the Chief Executive of Hawaii at this time happens to be a Republican). The racist double standard of the Birthers on the issue of fact - the location of President Obama's birth is clear no white Presidents birth records have ever been questioned, even though six Presidents before Mr. Obama had an immigrant parent. On the issue of law, jus soli is dispositive on the issue of "natural born" there is no controversy whatsoever on this issue in our history. Jus sanguini is utterly not involved in the case of Mr. Obamas eligibility, the shrill screams of the "anchor baby" opponents notwithstanding. Jus sanguini, is, however, intimately involved in the case of Sen. McCain, the Republican candidate in the 2008 election. In that connection, some remarkable developments have indeed occurred in immigration law, which have escaped everyones notice, something that we will return to in a future issue.

Nutty as they are, the shenanigans of the Birthers are important to follow since these cast a light on the course that the CIR debate soon to come to Congress will follow. Mother Jones provides a quick sketch of the leading personalities in this fringe group of losers, hardly the sort that the Republican Party (or any Party) should want to tie their fortunes to. In a colorful review, Politico provides a small sample of the beliefs and protestations of Ms. Orly Taitz, one of the leading crazies:

  • Goldman Sachs runs the treasury.
  • Obama is a puppet.
  • There's a cemetery somewhere in Arizona where they just dug 30,000 fresh graves, which wait now for the revolution.
  • Baxter International a major Obama contributor developed a vaccine for bird flu that actually kills people.
  • Google Congressman Alcee Hastings and House Bill 684 and you'll see that they're planning at least six civilian labor camps.
  • The communist dictator Hugo Chavez way back in 2004 purchased the Sequoia software that runs our voting machines and the mainstream media won't report any of it not even Fox because Saudi Arabia bought a percentage of Fox in 2007.
If the Birther mania presages the immigration debate in Congress, CIR advocates have nothing to fear.

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


Today Is The Deadline For 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.


Priority In Immigrant Visa For "Aging Out" Children
Syed H. Imam, Esq. writes "On July 16 a federal judge in a case requesting for certification of a nationwide class action suit challenging the government's restrictive interpretation of section 3 of Child Status Protection Act, 2002 (CSPA)), which had amended Section 203(h)(3) of the Immigration and Nationality Act (INA), ruled that he is willing to consider this long standing issue."

The American Spirit Of Enterprise
Richard Ebeling for the Foundation For Economic Education writes "Our task, therefore, is to remind our fellow citizens about what made America so inspirational for so many around the globe. We must work to restore the spirit of individualism and self-responsibility that made America unique."

Bloggings On Immigration Law And Policy
Greg Siskind writes "Expensive visa fees, prevailing wage requirements, lawyer fees, travel costs, communication challenges and more all make foreign workers an expensive proposition best utilized when addressing a serious worker shortgae."

To submit an Article for consideration, write to


USCIS Updates H-1B Count
USCIS announced that as of August 7, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS continues to accept both cap-subject petitions and advanced degree petitions.


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

Website Services
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US Bares 'Alien Files' Kept on Immigrants
Immigration files containing a wealth of information collected by American border agents, some of it dating from the late 19th century, will be opened to the public soon and permanently preserved, providing intriguing nuggets about such famous immigrants or visitors as Alfred Hitchcock and Salvador Dali.

Napolitano Focuses On Immigration Enforcement
The secretary, Janet Napolitano, defended the administrations assertive strategy against illegal immigrants and companies that employ them, relying largely on programs started under President George W. Bush.

Hundreds Of Immigration Cases Unresolved
There are more than 700 immigration cases before the nation's courts with most of them taking nearly half a year to resolve.

Nearly 20,000 Slots Still Vacant In H1B visas
For the first time in several years the H1B visa programme, once the most sought after among Indian professionals, is unlikely to reach its cap of 65,000 before the start of the 2010 fiscal with nearly 20,000 slots lying vacant thanks to the tattered US economy.


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

Dear Editor:
Regarding the article on attracting foreign investors (08/12/09 ID comment), I would like to see more done in this area. One of the requirements to get an investor visa is to create new jobs in the US, something of great value in our present situation with rising unemployment. If we have an immigration reform bill enacted this year, I hope it includes some provisions to expand the foreign investors program.

Nolan Rappaport, Esq.

Dear Editor:
Sheriff Joe (08/04/09 ID comment) charges undocumented immigrants in Arizona as illegal, i.e. just as illegal as US military forces that entered Iraq in 2003. The contrast though is sharp. The Arizona undocumented are docile and useful. They keep a low profile, do not attack legal residents, do not destroy houses, stores, villages. I remember visiting Baghdad just before Gulf I. It was a quiet town, clean and safe. I could walk by the river, visit stores, eat at restaurants without fear of harm. The museum was inviting and interesting. Of course, I had Iraqi permission to enter the country. The fact that I had a diplomatic passport was irrelevant. Thanks to our preemptive invasion Iraq now faces an inevitable civil war. Even Sheriff Joe is not charging that this will be the result of the undocumented visitors to Arizona. From the reports on Sheriff Joe's activities, I think he is more of a danger to Arizona than the undocumented.

Paul Good, Esq.

Dear Editor:
While I try to read the Letters to the Editor section almost every day, I rarely feel the need to chime in. However, Jim Roberts' letter (08/12/09 ID) pushed my buttons. In my opinion, a racist letter expresses an opinion that generalizes a group of people as all being the same, in a derogitory manner, be it race, color, or in the Roberts' letter, profession. The letters of this gentleman show the capacity to dissaprove of an entire category of people based on the writer's slanted stereotypical viewpoint of "others." I find his letter's assertion that all lawyer's opinions are for sale to be offensive and racist against a category of people that are, for the most part, honest, intellegent, hardworking, and often maligned with cheap shots. However, when the letter defends Sheriff Joe for standing up against the "brown invasion," it goes on to make a statement that goes to the heart of my issue with the perspective of this type of mentality. The letter questions the audacity of some Americans that dare to show compassion for non-citizens and their "rights" above those of citizens. I am tolerant of those that believe that their citizenship entitles them to exercise compassion for others as they see fit. I feel that my citizenship holds me to a higher standard of compassion. As an American, I feel a sense of patriotic duty to be generous of spirit, and to be gracious and encouraging to those that are less fortunate, and that risk their lives to participate in the American Dream. I do not warrent placing non-citizens "above" citizens, but question those that would oppress or discriminate against those that do not meet a personal litmus test of homogeniousness to their vision of what an American should look like.

Robert Gittelson

Dear Editor:
The biggest any Western countries mistake is unstainable and flawed welfare policy. Ponzi scheme welfare like Social Security won't last and it's very unfair to pay those who never paid their fair share into the social safety net at the first place at the expenses of others. Another mistake is taking in refugees from countries that have theocracy in place and people believe in theocracy and believe in sexist, racist, apartheid, discriminatory religious mindset, customs and laws and these ungrateful refugees sometimes demand that their religious sharia should be implemented partially or even better for them in whole and sadly so many political correct politicians and citizens support them and keep blind eyes, even with so much religious extremism which create the threat of homegrown hateful monsters and terrorists . All Western nations should outlaws implementation of Sharia of any religions and demand all citizens and immigrants must accept the concept of equal rights for all, none above the laws and separation of state and religion in government and politics, they must ban veils for women because it symbolizes oppression and discrimination on women and a potential security threat to the society by masking their faces and identity and deport all immigrants who believe in persecution, segregration and discrimination based on gender, faiths, sexual orientations, race and ethnicity in the name of God and faiths. Countries can make any immigration restriction laws as they like and wish for whatever reasons but please remember any potential immigrants that can benefit one country but rejected will be the advantage for the next country who will happily accept him. Restrictive immigration laws won't shield anyone in any countries from global competition anyway. Countries who invest more in their people and infrastructures will win the global competition.

Robert Yang

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