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Immigration Daily

The leading
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Immigration Daily September 21, 2009
Previous Issues
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Global Perspective

The Los Angeles Times reports that US astronaut Jose Hernandez is defending his support for legalization. "NASA went ballistic when Jose Hernandez advocated legalization of undocumented immigrants in the U.S. shortly after his return to Earth. The California-born son of migrants isn't backing down... In the earlier conversation, he spoke of circling the globe in 90 minutes and marveling at a world without borders."

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


The H-1B Book

The pertinent part of the Table of Contents for The H-1B Book is as follows:


  • The Complete H-1B Process: Attorney Flowchart
  • The H-1B Process: Attorney's 10-Step System
  • Overview of H-1B Visas

First Step: Interview The Client

  • Qualifying the Position as a Specialty Occupation
  • Qualifying The Employee
  • Meeting Wage Requirements
  • Lawyer's H-1B Consultation Questionnaire Form
  • Lawyer's H-1B Task Checklist
Second Step: Send The Client Intake Forms And Related Information
  • Intakes Summary
  • H-1B Employer Intake/Questionnaire Form
  • H-1B Worker Intake/Questionnaire Form
  • The Complete H-1B Process: Company Flowchart
  • The H-1B Process: Company's Step-By-Step Explanation
  • Explanation and instructions for spouses and children
Third Step: Credentials: Verify That The Worker Has A US Bachelor's Degree Or Equivalent
  • Credentials Summary
  • If the worker has a U.S. degree - no evaluation is necessary
  • If the worker has a foreign degree - order credentials evaluation
  • If the H-1B petition is based on work experience or combination - order a work experience evaluation
  • List of credentials evaluation firms, web sites and phone numbers
Fourth Step: Determine The Prevailing Wage
  • Understanding the Prevailing Wage
  • Determining the Prevailing Wage
    • O*NET, SOC, Wage Levels, Job Zone and SVP
    • SESA or SWA Wage Determination
    • FLC Data Center Wage Determination
    • Wage Determination Through Other Wage Surveys
  • Practice Examples in Determination of the Prevailing Wage
Fifth Step: Prepare And File The Labor Condition Application (LCA)
  • Introduction to the Labor Condition Application (LCA)
  • Preparing and filing the Labor Condition Application (LCA)
    • Online LCA filing
    • Complete Online LCA and Receive LCA Approval Online
    • Completing the LCA: Step by Step
    • H-1B Dependent Employers Worksheet for the LCA
  • Detailed Description of Form ETA-9035E and its Obligations
  • Sample of completed LCA (form ETA-9035E)
  • Copy of form ETA9035CP (LCA cover pages)
Sixth Step: Prepare The I-129, Related Forms And Petition Letter
  • Form I-129
  • H supplement to Form I-129
  • Form I-129 H-1B Data Collection Supplement
  • Form G-28
  • Form I-907 if premium processing is applicable

  • If the H-1B worker has a spouse and/or children:
  • Form I-539
  • Form I-539 Supplement 1 (if necessary for other family members)
Seventh Step: Send All The Forms And Petition Letter To The Client For Review & Signature
  • Sample letter to client
  • LCA posting notice
  • Sample Letter to Employer Regarding Public Access File
  • Memorandum to employers on Labor Condition Application
  • Public Access File sample
Eighth Step: Assemble The H-1B Petition And Send To The USCIS Service Center
  • General Filing Instructions (including list of service centers and filing addresses)
  • Sample Cover Letter
  • H-1B Petition document checklist
  • Sample list of exhibits
Ninth Step: Troubleshooting
  • Introduction
  • Request for Additional Evidence
  • Dealing with the dreaded request for evidence
    • Sample Response to Request for Additional Evidence
    • Second Example of Response to Request for Additional Evidence
  • I-9 Compliance, Social Security Numbers and Driver's Licenses
  • Changes in H-1B Employment and Amendments
  • How Mergers, Acquisitions and other corporate Transactions Affect the H-1B
Tenth Step: Post-Approval Case Management
  • Summary of Post-Approval Issues
  • Sample H-1B Approval Letter to Employees that are in the U.S.
  • Sample H-1B Approval Letter to Company - Employee(s) Abroad
  • Sample H-1B Approval Letter to Employees Abroad
  • Non- Immigrant Visa Consular Processing Information Sheet
  • H-1B Degree Equivalency by Mikiel J. Davids
  • Reviewing The Path To Permanent Residency by Courtney Black and Karen Weinstock
  • Traveling On An H-1B Visa While Petition Or Application Is Pending by Ari J. Sauer
  • Dealing With Gaps In Employment by Rajeshri S. Patel and Karen Weinstock
  • Temporary Visa Alternatives To The H-1B by Courtney Black and Karen Weinstock
  • The History And Economic Impact Of The H-1B Visa by Elissa Taub, Melissa Downing and Karen Weinstock
  • When Are H-1B Visas Cap Exempt? by Karen Weinstock
For more information about the book and to order, see here. For the fax form, see here.


New Americans In The Peach State
Mary Giovagnoli et. al of the Immigration Policy Center write "At last count, businesses owned by Latinos and Asians had sales and receipts of $12.2 billion and employed nearly 75,000 people."

Bloggings On Immigration Law And Policy
Greg Siskind writes "My little blog post from last Friday seems to have legs. Earlier this evening, MSNBC's Keith Olbermann made Wilson his "Worst Person in the World" over the issue."

To submit an Article for consideration, write to


USCIS To Issue Interim EADs For Salvadoran TPS
USCIS announced that interim Employment Authorization Documents (EADs) will be issued to Salvadoran Temporary Protected Status (TPS) beneficiaries who have not yet received a final action on their re-registration applications and whose re-registration applications have been pending for more than 90 days.

USCIS Publishes QAs For I-485, I-765 And I-131
USCIS published Questions & Answers on filing a form I-485 (Application to Register Permanent Residence or Adjust Status), form I-765 (Application for Employment Authorization) and form I-131 (Application for Travel Document) for refugees and asylees.

DOL Publishes FAQs On LCAs For H-1Bs
DOL published FAQs addressing questions pertaining to its new iCERT Portal for the submission of Labor Condition Applications and the newly redesigned ETA Form 9035 and 9035E.


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 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.

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 '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, please contact AETS at (786) 276-8190, visit, or email:

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


Senior Democrat Turns Healthcare Debate Into Fight Over Immigration
Sen. Robert Menendez (D-N.J.) is putting Democrats in a bind by seeking to let illegal immigrants benefit from the healthcare overhaul.

Immigrant Rights Alliance Says Enforcement Unbalanced
Mississippi Immigrant Rights Alliance Executive Director Bill Chandler is charging that the indictment of Jose Humberto Gonzalez in the 2008 Howard Industries immigration-enforcement raid highlights the unbalanced enforcement of federal immigration law.

Documentary On Marine Widow's Immigration Battle To Debut At Maryville College
The world premiere of a documentary that features the story of a Maryville Marine widow's struggle to honor her late husband's wish of raising their child in his hometown will be held at Maryville College.

ACLU And ICE Settlement Case
According to the Los Angeles Times, the American Civil Liberties Union of Southern California (ACLU) has settled a lawsuit that was filed in April of 2009 on behalf of a group of immigrants who were allegedly detained for up to 20 hours in egregious cell conditions.


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

New Appointment
The Executive Office for Immigration Review (EOIR) announced that Attorney General Eric Holder administered the oath of office to EOIR's newly-appointed Chief Immigration Judge Brian M. O'Leary at an investiture ceremony held today at EOIR Headquarters. For more info see here


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

Dear Editor:
I believe now more than ever is the time for everyone involved in the immigration debate to get their semantics right. There is no such thing as an "undocumented immigrant". They are "illegal aliens" until such time as they have adjusted status to that of lawful permanent resident, because until that time they have not immigrated. The current debate (or is it a debacle?) over health care and who will be covered, is confused by the use of imprecise wording, particularly in reference to "immigrants" receiving benefits. Immigrants should receive benefits. Illegals should not. The American Patrol Report linked in ID's comment of 09/18/2009 states, "... undocumented immigrants, who will be virtually barred from obtaining any kind of health insurance at all, would face fines of $950 and upwards if they managed to obtain any sort of emergency treatment." Ignoring the improper use of the term "undocumented immigrant," just what is wrong with excluding from a national health plan, those who are not members of the nation? Or should we just cover all the world in the health plan, whether they have sneaked across the border or not. Obviously, social benefits should be only for those lawfully present in the US. To hold otherwise is sheer folly. Both employment and healthcare issues are where I believe the government should take a hard-line stance and protect those legally in the US, not those who break the law with unlawful presence. What is it going to take to send the message to immigration scofflaws that the US is serious about stopping illegal immigration? It is time to depoliticize and for the Congress on both sides of the aisle to stop bickering and create good laws that meet the needs of twenty-first century America, rather than pandering to any special interest group.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Regarding ID comment (09/18/09 ID), President Obama has fallen into a trap by allowing the health care reform bill to became just one more anti-immigrant measure. Nothing could have a more devastating effect on immigrant communities than refusing to allow people to buy health insurance because of their lack of immigration status or, even worse, scaring them away from hospital emergency rooms for fear that seeking urgent medical treatment might lead to arrest and deportation. Swine Flu and other communicable diseases do not distinguish between people who came to this country legally and those who did not. Nor are heart disease, cancer or other killer illnesses subject to an e-verify system. But how else could the president have responded to Republican rants about health care and illegal aliens? The best way would have been to come out with a direct attack on the attempts to inject race into the health care issue by linking it with immigration. But the same president who is trying so desperately to appease the people who hate Hispanics and Asians by putting immigration in the hands of enforcement-fixated officials like Janet Napolitano, while letting other officials move (or take away) the goalposts for people who are trying to obey the immigration laws, is not likely to show the backbone needed to call the white supremacists out on their shameful attempt to stir up hatred over the immigration issue, while up to 46 million American citizens and legal immigrants go without health insurance.


Dear Editor:
Republicans aren't even better than Democrats on fiscal sanity and restraint. I never heard the same folks that yell and balk rudely on town halls on health care reform costs have done the same on the astronomical costs of wars in Iraq and Afghanistan, Sarah Palin's shopping spree on expensive cosmetics and outfits during last Presidential campaign, bridge to nowhere in Alaska and how S.C. Republican Gov. Sanford rode private charter jets on and during his trips overseas and wasted tax payers' dollar. The same folks who condemn same sex marriage and believe in "sanctity of marriage" are nothing but to create hardship and discriminate their fellow same sex couple citizens who want to make lifetime mutual loving commitments between each others are unbelievable silent on rampant divorces, cheatings, sex before and outside marriage and also closeted gay politicians who got caught soliciting sex online or inside airport public restrooms among themselves. Those who names call and hate illegal immigrants so much and yet they're amazingly silent and even enjoy on how these illegals have provided them with much cheaper goods and services as their roofers, landscapers, nannies, waiters, bush persons etc. Democrats are not saints, but let's common sense, civility, objectivity and fairness rules in our laws, public debates and our country policies and hypocrisy must stop or otherwise we will be jokes to other nations.

Robert Yang

Dear Editor:
Regarding ID Comment about BO joining Rep. Wilson in a "race to the bottom to see who can demonize immigrants more" (09/18/09 ID) errs as BO is neither joining Wilson or demonizing immigrants when he pretends to oppose benefits to illegals to assure the health care passage when attempts to specifically enforce the denial of any benefits have been defeated and nothing would stop illegals from participation (where have we seen this tactic before?). So who is the liar and who is telling the truth? Wilson may be criticised for addressing the matter in the wrong forum, but not for accuracy. With this typical WDC duplicity, BO is really joining hands with ethnic advocates Rep. Luis Gutierrez and Frank Sharry, their acts of "protest" notwithstanding. Apparently this deficient "assurance" is enough for the R. Gard letter and others who brand any timely, prudent objections as "premature" and "dishonest". As most Americans want less entry and no benefits to illegals, those feeling otherwise have a history of not being candid about their motives (going back to at least l965), thus the letter's advice that skeptics should "chill out" is ill advised and even intended to pacify. If any further reasons were needed not to encourage excess entry and benefits, the article by Frosty Wooldridge, "$20 Per Gallon" which reviews the book by Chris Steiner should be reviewed as to how excesses of any kind will not be sustainable in the future of scarcities as we slide down the declining slope of peak oil and gasoline production with increased world wide demand.

Jim Roberts

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