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Immigration Daily

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Immigration Daily August 21, 2009
Previous Issues
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130 At The White House

At the invitation of the Obama administration, 130 representatives of law enforcement, business, labor, religious and advocacy groups were at the White House today. The meeting was addressed by DHS Secretary Napolitano (the full list of invitees and government representatives can be seen here). Notably absent were the rightwing Republican racist rabble rousers (sorry, we could not resist the alliteration).

In the long view of history, immigration reform will likely be a more profound political milestone than health care reform, so if those in charge in the Obama administration deftly handle the immigration issue in the weeks and months to come, they should expect political manna for their side. The immigration community continues to await the beginning of markups, while realizing that a swift legislative process may require a short delay before the start. Majority Leader Reid has had a good record so far in the 111th Congress, and given the small but important support for immigration reform among Senate Republicans, we wish Mr. Reid well. Speaker Pelosi and her team, always efficient in floor votes, pulled off a brilliant bit of whipping over the climate change bill, a feat which we will await the duplication of during the immigration vote. In the immigration community, patience is beginning to wear thin, CIR cannot come too soon, and it appears that the White House is listening - 130 folks don't get invited over just for coffee.

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


The Best Indexed Statute And Regs

ILW.COM is pleased to offer the completely revised editions of Patel's Immigration Law Library, the 2009-2010 Edition (Shipping Now). This collection includes the essential reference resource The WHOLE Act, The INA (Annotated), 2009-2010 Edition, used by DHS officials, federal court libraries, and many veteran immigration practitioners. Once you have used this version of the INA, you will wonder why you ever used any other! This collection also features the fully indexed 8 CFR, 2009-2010 Edition and fully indexed 20/22/28 CFR, 2009-2010 Edition. While supplies last, the best quality immigration law reference books are now available at the cheapest price on the market - $189 for all three books (shipping and handling included!).


Bloggings On Updates In Immigration Law
Carl Shusterman writes "Since the USCIS is once again redesigning it's website, we wish to make a few suggestions."

Bloggings On Nurse And Allied Health Immigration
Christopher T. Musillo writes "The recent economic downturn greatly has impacted H-1 filings."

Immigrant Of The Day: Indra Krishnamurthy Nooyi of India
Kevin R. Johnson writes "Forbes magazine ranks Nooyi as number 5 on the 2007 list of The World's 100 Most Powerful Women."

To submit an Article for consideration, write to


DOJ Immigration Litigation Bulletin: April 2008
The Department of Justice Office of Immigration Litigation released the April 2008 issue of its publication, Immigration Litigation Bulletin.


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.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global Current, a service of AIESEC U.S., a leader in international exchange and professional training for over 50 years. Unlike other visas, the J-1 does not require a lengthy petitioning process, has few restrictions and can be processed at any time of year to facilitate the quick and simple implementation of an Exchange Visitor Program. Global Current has developed a streamlined sponsorship process supported by J-1 experts that allows us to maintain an unrivaled 48 hour turnaround time on complete applications. Global Current provides J-1 Trainee and Intern programs in a variety of occupational categories including law, engineering, finance, architecture, graphic design, marketing and fashion. For more information on eligibility requirements and a complete list of occupational categories, visit or email Melany Hamner at

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


ACLU Sues Arizona Sheriff For Immigration Detentions
The American Civil Liberties Union is accusing Maricopa County Sheriff Joe Arpaio and his deputies of violating the constitution by arresting two men near a workplace immigration raid.

ICE: Teams Will Arrest Non-fugitive Immigrants
The chief of U.S. Immigration and Customs Enforcement says agents searching for people who ignore deportation orders will continue to arrest others in the country illegally who happen to be around when they show up.

Immigration Check Tied To Business Licenses
Gwinnett County is contacting more than 26,000 local businesses asking for compliance with a new state immigration law.

Allison Quits Bucs Over Immigration Issue
Dave Allison's attempt to move from professional to amateur hockey has been derailed by immigration issues, leaving the Des Moines Buccaneers scrambling for a new coach two weeks before training camp is to open.


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

Immigration Event - Washington, DC
The World Bank and French Development Agency are pleased to present the Second International Conference on Migration and Development. For more info see here


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

Dear Editor:
I just read the article "H-1B Employers: Have Your H-1B Public Access File Ready for the USCIS Audit," by Mira Mdivani (08/20/09 ID). There are several incorrect statements in the article. The most blatant error is where the article states, "Proper H-1B process includes preparing an H-1B Public Access File as soon as the H-1B is approved" The Public Access File is required by law to be available within one day of filing the Labor Condition Application with the DOL, which is well before the H-1B petition will be approved.

Jennifer L. Nissen, Esq.
Milwaukee, WI

Dear Editor:
I agree with ID's comment (08/20/09 ID), discussing a 7th circuit decision, in which ID argues that the entire labor certification system is based on an abuse of power by the DOL. The same is true of many other agency actions affecting immigration. One example, which other letters of mine have mentioned, is the absurdly restrictive interpretation that the USCIS has given to the simple word "at" which Congress used when it exempted people working "at" institutions of higher education, etc. from the H-1B cap. USCIS must have been inspired more by former President Bill Clinton's exegesis of the word "is" than by any authority it could possibly have received form Congress to rewrite a statute. One another note, President Obama's ramping up of immigration inspections and other enforcement, while backpedalling on immigration reform, may mean more than simply continuing a policy of pandering to prejudice that he inherited from the Bush administration. It could be something even worse, namely a new policy based on a belief that saving American jobs means firing or refusing to hire as many non-US citizens, legal and illegal, as possible. What company in its right mind is going to sponsor a non-citizen for a work visa or green card if this means that it will be investigated by ICE, under a "bold new initiative" that could have come straight out of Orwell or Kafka? Better leave the bigots in charge of immigration than the doctrinaire left-wing "US job protecting" ideologues, who seem to care more about throwing immigrants out of work than using their skills, work ethic and consumer purchasing power to revive our economy.

Roger Algase, Esq.
New York, NY

Dear Editor:
I agree with DMM's letter (08/20/2009 ID) that, "The United States as a nation and Americans collectively, owe nothing to citizens of other countries, especially when those latter are here obviously in violation of our laws." I agree with DMM's letter's disagreement with Ruth Stadnik's letter (08/18/2009 ID) decrying the H-1B visa program as being "discriminatory." It is not invidiously discriminatory and if discriminatory on the basis of education and occupation, it is neither morally nor legally reprehensible. No question on the I-129 form or in any H-1B Regulation requires disclosure of the applicant's skin color, nationality, ethnicity, religion, sexual orientation or gender. There are many educated and qualified dark skinned people in the world who can and do qualify for H-1B, so to argue discrimination is nonsense. It reminds me of an Afro-American client of mine who received a parking ticket on her old van, while the Cadillac parked next to her did not. She told me only she got the ticket because the police officer must have suspected the van belonged to a black person and the Cadillac to a white. She never imagined that perhaps the Cadillac was not there when the officer issued her ticket, but chose race as the card to play. As to Ms. Stadnik's letter's suggestion of raising the quota for Mexicans, that would be discriminatory. It just goes to show that, like beauty, discrimination, very often, is in the eye of the beholder. And, semantics rearing its ugly head once more, Ms. Stadnick's letter is incorrect that the old 7-year law led to "citizenship". It led to permanent residence, not citizenship, once again reminding us the importance of the semantics of immigration.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
DMM's letter (08/20/09 ID) says that it is natural for Americans to prefer immigrants who resemble them and therefore there must be "effective brakes" on immigration. What America really needs is effective brakes on hatred and discrimination against those who do not resemble the white majority. We are now seeing many of these effective brakes being removed as a result of President Obama's cowardly attempts to curry favor with white supremacists by opting in favor of a cruel, senseless and vindictive "enforcement only" policy, while postponing any move toward making visas more available to people who are trying to follow the law and would have much to contribute to this country, even if their skin color might not be light enough to please the bigoted and intolerant among us.


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