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Immigration Daily

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Immigration Daily September 14, 2009
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US Tax Compliance For Immigrants And Employers: The Lawyer's Complete Guide

Our new book on tax compliance for immigrants and employers authored by noted authority Paula Singer is shipping now. The outline is as follows:

  • International Aspects of Individual U.S. Tax Returns
  • A Guide for Filing IRS Forms 1042 and 1042-S
  • U.S. Taxation of H-1B Specialty Workers
  • U.S. Taxation of B-1 Business Visitors
  • U.S. Taxation of Foreign Students
  • L-1 Intracompany Transferees on U.S. Assignment
  • What You Need to Know About Exchange Visitors
  • J-1 Nonstudent Exchange Visitors Performing U.S. Services
  • Tax Treaty Benefits for Foreign Nationals Performing U.S. Services
  • Appendix includes Treaties/Agreements and Sample Letters
  • CD-ROM includes 50+ IRS Forms, 16 IRS Publications, useful web links
For more info and to order, please see: For info/ordering by fax, please see:


New Americans In The Silver State
Mary Giovagnoli et. al of the Immigration Policy Center writes "There are few states where the growing political and economic clout of immigrants, Latinos, and Asians is as apparent as in Nevada."

Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "I've railed repeatedly in this blog about the abhorrent tendency of federal immigration agencies to make sweeping changes in law and procedure merely by issuing easily-repudiated press releases and policy memoranda."

Bloggings On The H-1B Visa
Anthony F. Siliato and Scott R. Malyk write "When one considers the sum of such resources expended -- the only logical conclusion one can derive is that H-1B workers are clearly not cheap labor as some would have you think."

To submit an Article for consideration, write to


USCIS On Proposed Rule Related to E-2 Nonimmigrant Status for Aliens in the CNMI with Long-Term Investor Status
USCIS released questions and answers related to a proposed rule on E-2 nonimmigrant status for aliens in the Commonwealth of the Mariana Island with long-term investor status.


Help Wanted - Immigration Paralegal
Austin, TX - Paul Parsons, P.C. is a busy immigration law firm practicing the following areas of immigration law: family-based visas, adjustment of status, nonimmigrant visas, PERM, employment-based visas, and naturalization. Seek bilingual legal assistant with family-based immigration experience. FT position. Ideal candidate will manage own caseload with high level of independence under supervision of attorney. This person must be bilingual in Spanish/English with at least one year of family-based immigration experience, excellent research and writing skills, efficient, resourceful, with keen attention to detail. Must be able to meet deadlines and multitask; and be a quick learner. Consular waiver experience preferred. Competitive salaries + excellent benefits. EEO. Submit cover letter, resume, + writing sample (in Word or PDF only) to or fax: (512) 479-6903. No calls, please. EEO.

Help Wanted - Immigration Paralegal
Senior Business Immigration Paralegal - Downtown Washington, DC firm seeking a mature and responsible paralegal with a minimum of 4 years experience in business immigration cases, including NIV (H-1B, E, L, J, and O), IV (including EB-1, EB-2, EB-3, EB-5) and PERM. Preference given to those with demonstrated EB-5 experience. Bilingual Spanish/English speaker preferred. Must have a Bachelor's degree and excellent native-level English writing skills. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. Salary commensurate with experience. Please email resume, references and writing sample to No calls please.

Help Wanted - Immigration Attorney
Honolulu, Hawaii - USCIS Office of the Chief Counsel (OCC) seeks experienced attorneys for for the position of Associate Regional Counsel, USCIS OCC, Western Region. Responsibilities include, but are not limited to, serving as an attorney providing on-site legal advice to the local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. J.D. degree, active bar membership, 2+ years of post-J.D. experience required. For full details enter COU-CIS-2009-08 here. Applicants must submit (1) writing sample (10 pps. max) (2) resume (3) cover letter, to All submissions must be received by close of business on September 18, 2009. GS-13/14/15. Position open until filled. No relocation allowance offered.

Help Wanted - Immigration Attorney
Miami, FL - Ira Kurzban seeks an associate who is an experienced brief writer and federal litigator in immigration matters to work in his firm's office in Miami. The lawyer should have excellent research, writing and analytical skills with at least 3 to 5 years of experience. Spanish speaking preferred. Forward your resume and two of your best written briefs or memoranda to or mail to 2650 SW 27th Avenue, Miami, FL 33133. Health + pension plan. Competitive salary based upon experience.

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

Translation Services
Eurasia Translations, Inc. has been proud to serve immigration attorneys and individuals since 1993 with the translation of personal documents, academic credentials, criminal clearance letters, etc. Our customers can rest assured that all of our translations are prepared in accordance with USCIS requirements and are accompanied by a notarized certificate of accuracy. For more information, please call 888-887-1884 or visit our website. For a free quote, please complete or fax your document at 818-907-9763.


Where Does Napolitano Stand On Illegal Immigration? Just Look At Her Record
That trusty veto pen is close at hand and this time, the whole country, will pay for it.

E-Verify Hurts the Workforce It's Meant to Protect
In the bleakest economic climate in a generation, the administrations E-Verify policy has given workers yet another hurdle to clear: a flawed, bureaucratic system.

Physicist Loses Bid for Visa Based on Ability
An Armenian theoretical physicist who self-published a text book and lectures at a California community college does not qualify as an "alien of extraordinary ability" for visa purposes, the 9th circuit ruled.

The Obama Administration's Version of Immigration Reform
Given the policy changes made during his first nine months, it is clear that President Obama sees reform through the prism of perceived Hispanic votes and union payback.


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

Dear Editor:
I think that it should be pointed out that our country was saved on 9/11 by none other than Jose Melendez-Perez, the Orlando Airport inspector who stopped of the intending hijackers, Mohamed al-Kahtani (09/11/09 ID comment). The name Jose Melendez-Perez suggests someone who may not have been born in the U.S. It makes the anti-immigrant argument a bit harder to swallow, when one realizes that it is immigrants who are fighting for the U.S., not against the U.S.

Stephen Berman, Esq.
Chicago, IL

Dear Editor:
It is misguided for ID to preemptively blame a future terrorist attack on Leon Panetta's decision to disband the hybrid CIA/Blackwater program "that was responsible for killing terrorists overseas" (09/11/09 ID comment). In seven years that program did not successfully kill or capture a single terrorist according to the New York Times(see CIA Sought Blackwater's Help To Kill Jihadists, Aug. 19, 2009 by Mark Mazetti), and the involvement of Blackwater made it legally dubious and strategically embarrassing.

Bobby Bell, Esq.
El Cerrito, CA

Dear Editor:
Yesterdays Comment, "The Next 9 11" (9/11/09 ID) paints with a broad brush in speculative fantasy in presuming to privy the independent minds of anti-immigrants as if they all moved as a flock of birds or schools of fish. If there are "antis", they have been created by open border entry advocates who seek irresponsible numbers contrary to the prudent limits that govern management in other areas such as water, fire, alcohol and driving controls. Most "antis" are in fact only advocating responsible restriction or used to until the deluge of the entry invasion. When bank robbers withdraw funds at an unlawful and/or higher rate than normalcy are law abiding customers "anti-banking" to make note of it? They may become so, if such practices become the norm and even legitimized by any "Comprehensive Banking Reform" proposals that would excuse past illegalities. Prudent controls and limits should be in place and enforced regardless of any past or present 9 11. The longer this excess is allowed, the more "antis" will be created out of former restrictionists. The letter (9/10/09 ID) of KWE is amusing in nitpicking "Democrat" or "Democratic" and a "soft on communism" label when BO's past mentors, ministers, and present staff including "czars" include some radicals with communist or socialist agendas which he has pursued. In a article: "Hate America? Count Me Out!", past Presidential candidate, Paster Chuck Baldwin writes: "My criticisms and condemnations are reserved for those who would remove America from her roots, who would strip her of her principles, and who would destroy the fabric of her foundation. The wrong man "won" or until he is forced to reveal his hidden documents which is coming.

Jim Roberts

Dear Editor:
Understand one thing about immigration to the U.S. from any country on earth: immigrants are very welcome to America (09/11/09 ID comment). Law abiding people who meet the qualifications to immigrate to America, that is. People who obey the laws of this land, especially the existing immigration laws. People who speak English [in addition to their own native tongue]. People who prepare themselves to adapt to the culture and way of life in America, to eventually become Americans. People who got in line applying to immigrate to America by filling out applications and forms and submitting the necessary documents required by law. Not law-breaking people who sneak in across the border illegally. Not people who could not and does not speak a word of English. Not people who are illiterate and would only suck up government resources through public assistance, welfare programs and health and education programs. It's time that everybody (the American public, the politicians both Democrats and Republicans, and especially the Media) knows that what you call the comprehensive immigration reform is synonymous to amnesty. And you will not find a single American who supports amnesty. Forget that. Every politician who supports it, and he know this, is spousing a quick end to his political career.

William Donovan

Dear Editor:
Robert Bettes' letter's endorsement of President Obama's promise to empty our jails of illegal prisoners (many of whom may be innocent of the charges against them and just awaiting trial) and put them on the next plane home, while harassing employers with programs like e-verify, which have yet to be proven any more reliable than most other mixed-up government databases, shows that the President's pandering to the anti-immigrant lobby may be paying off politically (09/11/09 ID comment). But it remains to be seen if putting one Hispanic on the Supreme Court while taking steps to deport 12 million others is going to help President Obama and his party at the polls next year. Do the White House and its clueless immigration advisors really think that Hispanic and Asian voters don't follow the news about immigration? Mr. Bettes' letter gives high unemployment as the reason for supporting these misguided and shortsighted "enforcement only" policies. Exactly how is throwing millions of immigrants out of work and forcing many businesses that employ them to shut down or relocate going to reduce unemployment? And didn't Mr. Obama promise not to scapegoat immigrants when he was running for president? Yet another broken promise for cheap political gain from the President who promised us "change we can believe in".


Dear Editor:
It seems the moral to 911 day is the U.S. Fed does not have a Fed 911 phone number (09/11/09 ID comment). Try using 202-456-1414 and ask for the legal council to the office of the president. This end run gets me through, and I talk to a lady named Allison (look up Allison in Blacks Law Dictionary, and I prefer to think in terms of a clear description of a near collision of ships as I am prepared and that part of it wont happen). I await to find out if they did 911 day as mercenaries or in their own name?

Eric Lund

Dear Editor:
I do believe that it is good to reform the immigration policies (09/11/09 ID comment). But to say that the immigrants are the reason for the unemployment rate is totally absurd. A majority of the people that are on unemployment are abusing the system. There are only a small percentage that are using it out of true need. As a Supervisor in a large company I have seen employees begin work and then begin to do anything possible to be terminated so they could get on unemployment. I understand that the rates are high but we need to put the blame where it belongs. On the abusers of the system and on the companies that ship jobs to other countries to be able to pay smaller wages. If the companies would remain operating here then there would be more jobs. Also as part of the reform there needs to be a way to help the immigrants who do come here jsut like our ancestors to make a life here an that want to be good citizens. They should not be chastized for wanting better for their families. Would we not do the same if it was us?

Marilyn Hildago

Dear Editor:
ID's editorial (09/11/09 ID comment) that small groups of anti-immigrationists "are eagerly awaiting the next 9/11" to close the borders indefinately, and put a total stop to immigration for a generation or more, is quite revealing about your perspective on the next attack. Unfortunately, there will be a next attack. But what is surprising, particularly from you, is your conclusion that the next attack will be perpetuated by foreigners or non-native United States citizens. Quite an indictment of the immigrant community by you. I hope you have heard that one of the greatest threat to our safety is from "home-grown" terrorists.

Martin D. Ficke

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