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Immigration Daily

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Immigration Daily October 16, 2009
Previous Issues
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Founders Visa

Paul Graham, an accomplished technologist and a partner at a venture capital firm that funds startups, has proposed a "Founders Visa", as a means of reinvigorating the US economy. "The biggest constraint on the number of new startups that get created in the US is not tax policy or employment law or even Sarbanes-Oxley. It's that we won't let the people who want to start them into the country. Letting just 10,000 startup founders into the country each year could have a visible effect on the economy."

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


Business Immigration Law

ILW.COM is pleased to announce that "Business Immigration Law: Strategies For Employing Foreign Nationals" edited and co-authored by: Rodney A. Malpert and Amanda Petersen and its companion book "Business Immigration Law: Forms and Filings" published by Law Journal Press are now available for purchase.

The Table of Contents for these works are as follows:

Business Immigration Law: Strategies For Employing Foreign Nationals
Chapter 1: Basic Concepts
Chapter 2: Recruiting Foreign Nationals
Chapter 3: Short-Term Needs
Chapter 4: Specialty Occupation Professionals
Chapter 5: Intra-Company Transfers
Chapter 6: Investment and Trade: E Visas
Chapter 7: NAFTA
Chapter 8: Employee Sanctions
Chapter 9: Tax Issues
Chapter 10: The Interaction Between Immigrant and Nonimmigrant Statuses

For more info, including how to order the Business Immigration Law: Strategies For Employing Foreign Nationals, see here. For the fax order form, see here.

Business Immigration Law: Forms and Filings
Chapter 1: Administrative, Legislative, and Regulatory Structure
Chapter 2: Strategies and Obstacles to Consider Before Filing
Chapter 3: Obtaining the Visa Status
Chapter 4: Students and Business Visitors
Chapter 5: Specialty Occupation Workers
Chapter 6: L 1A / L 1B Multinational Transfers
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: NAFTA TN Professionals
Chapter 9: O-1 Foreign Nationals with Extraordinary Abilities
Chapter 10: Temporary Non-Agricultural Workers

For more info on Business Immigration Law: Forms and Filings, see here. For the fax order form, see here.


Bloggings on Updates in Immigration Law
Carl Shusterman writes "Four states currently certify attorneys as specialists in immigration law."

Bloggings On Nurse And Allied Health Immigration
Christopher T. Musillo writes "By enacting sensible healthcare visa reform, the US can insure that America remains a magnet for the best and brightest."

New Americans In The Volunteer State
Mary Giovagnoli et. al of the Immigration Policy Center writes "Latinos and Asians account for nearly 5% of Tennesseans and wield $7.8 billion in consumer purchasing power."

To submit an Article for consideration, write to


EOIR Isses Fact Sheet On Office Of Chief Administrative Hearing Officer
Executive Office for Immigration Review of the DOJ issued a fact sheet on its Office of the Chief Administrative Hearing Officer (OCAHO).


Help Wanted - Immigration Attorneys
Owings Mills, MD - The Murthy Law Firm seeks attorneys with 3+ years of experience in business immigration law. Our practice is dynamic and fast-paced with high standards of integrity, work ethic, and quality. Successful candidates will have the ability to work both as members of a team and as team leaders. They will bring in-depth understanding and knowledge of the breadth of immigration procedures, and are expected to supervise paralegals and support staff. Good writing and analytical skills are required. They will join more than a dozen high-caliber colleagues and have quality support in the way of legal and administrative staff, as well as technology. Visit for details regarding the unique benefits of working at the Murthy Law Firm. Send Resume + cover letter to All communication will be treated in confidence. Salary and benefits are commensurate with experience and abilities. Final interviews of candidates are at our office a few minutes from downtown Baltimore, MD. EOE.

Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160. The Forensic Psychology Group provides nationwide expert witness services in all areas of immigration law. It is led by Stephen Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical psychologists and attorneys, and also AILA members. The Group's experts - all licensed psychologists or psychiatrists - have extensive experience in working collaboratively with immigration lawyers on a wide range of forensic psychological issues. We offer nationwide service in the following areas: psychological consultation, psychodiagnostic evaluation, psychological reports, expert witness services, courtroom testimony, political asylum evaluation, extreme and exceptional hardship evaluations, spousal abuse, citizenship waivers. Dr. Stephen Reich, the Group's founder and director, is a nationally known forensic psychologist who holds a BA, JD, and MBA from Columbia University, and an MA and PhD in Clinical Psychology from Fordham University. He has been on the faculty of Weill Cornell Medical College and on the Attending Staff of New York Presbyterian Hospital for 30+ years. Visit The Forensic Psychology Group. The right experts make a real difference.

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

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.


ICE Arrests More Than 1,780 Alleged Gang Members
U.S. Immigration and Customs Enforcement (ICE) announced Thursday the arrests of 1,785 gang members and associates, criminals and immigration violators as part of a six-month intensive ICE-led law enforcement operation executed in 89 cities across the country, which ended Sept. 30.

Some Police Agencies Resist New Immigration Controls
Some state and local police are having second thoughts about working with the federal government to enforce immigration laws.

The Immigration Debate
Paul Jay speaks with Ali Noorani about the battle over immigration reform, and the economic significance of immigration in the US.

Zogby Poll Of Mexicans Raises Concerns Over Mexican Immigration
Why do many Mexican immigrants -- legal and illegal -- have trouble assimilating into American culture?


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

Immigration Event
October 28 - The CIS Ombudsman Office presents "Emergency Advance Parole Filings at Local Offices How Are They Working for You" Telecon at 2-3 pm EST. For more info and to register contact


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

Dear Editor:
David Murray's letter (10/15/09 ID) about the inevitable incentive effects of an amnesty - to whit, that it will draw in more illegal immigrants in the expectation, however false, of yet another amnesty - pushes a lot of my buttons. I am a legal immigrant and husband of another legal immigrant. My wife occasionally describes herself as "an idiot" for having gone through the irritating, expensive and occasionally humiliating process of immigrating legally, not because American residency and citizenship are not worthwhile, but because coming here illegally seems at times to be the lower stress route to entry. A common assumption among many letter writers is that immigrants approve of the most permissive possible versions of CIR and that opponents of CIR are racists. Another is that immigrants from all other countries are somehow cheered by hordes of illegal, illiterate and innumerate peasants from Oaxaca coming illegally in order to live a decent life free of the stifling socialistic paternalism of the corrupt, violent and inefficient Mexican state. We may feel for them, but we came here to live in an Anglo culture, not Oaxaca, or even comparatively higher performing Monterrey. Having so many of our immigrants come from a single location in Mexico with a particularly poor record of assimilation into American life (in marked contrast to Venezuelans, Cubans and Brazilians, for example) and the white market economy probably raises more worries among legal immigrants generally than it does among proponents of CIR or American Anglos generally. Real multi-culturalism should demand immigration with greater diversity. One resultant worry is that the enforcement provisions and incentives of CIR will be as illusory as those of the 1986 immigration compromise, and the country we came her to live in will turn into something far less open and palatable as a result.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
As usual, David D Murray's letter (10/15/09 ID) goes to the heart of the issue at hand, in this case, amnesty. As his letter implies, no matter how many amnesties we have, there will never be a last one. Amnesty is like putting a band aid on an arm or leg which needs to be amputated. It is only a short term attempt to deal with the symptoms of a more serious underlying immigration problem - resistance to demographic change. Germans were unwelcome in colonial America. Irish were persecuted in the 19th Century. Chinese were barred at the turn of the 20th. Jews, Italians and Poles were restricted in 1924. When have Latino immigrants ever been popular in this country? OK, many Latino would-be immigrants are illegal, while the earlier immigrants (most of them) came here legally. But when bigots want to kick out someone who looks or sounds different from the majority, there is always an excuse. 100 years ago, Chinese who came here legally were regarded as racially "unassimilable". The law was changed to make them illegal. Fifty or sixty years ago, Jews were accused of being loyal to Israel, not America. Italians were accused of being in the Mafia, or being anarchists. 150 years ago, Irish immigrants were regarded as drunken criminals who would turn this country over to the Pope. Who cared that they had come legally? Who cares today that most Asian professional workers are also here legally? That doesn't stop the demagogues from attacking them as " low wage job stealers". Until Americans can accept that ethnic change is what this country is all about, we will never have a fair or rational immigration system. We will always be waiting for the next amnesty.

Roger Algase, Esq.
New York, NY

Dear Editor:
I believe what Jim Roberts' letter (10/14/09 ID) fails to recognize is that while America may have lost jobs for 21 months, the jobs illegal aliens take normally would not be filled by Americans anyway. Everyone accuses illegal aliens of working for less than US workers. That may be true. What American can live on minimum wage? Nobody can make me believe that out-of-work Americans are seeking minimum wage jobs, or jobs in agricultural fields, low-paying factory, poultry or fish processing plant jobs, where many illegals will be found. Many illegal aliens have lost their jobs since the financial melt-down of the world occurred last year. Many left the United States. That's deportation by attrition, something I predicted long ago when I supported vigorous enforcement of immigration laws, especially employer sanctions. In answer to Mr. Roberts' letter's question, "Why are we bringing into the US a million legal immigrants a year to compete for jobs against 15 million to 25 million Americans who can't find work or full-time jobs to take care of their families?" - In a nut shell, I don't believe "we" are importing them and I don't believe "they" compete against Americans who can't find work. If California lost all our illegal alien workers tomorrow, the economy of California would collapse, because it has been built on a house of cards over the past several decades. What are "we" going to do about it? We certainly can't ignore the problem - it will not go away. There must be immigration reform that accommodates the reality of past illegal immigration, while making it clear that it will never again happen, and that if any sort of an Amnesty is given, nobody will thereafter ask, "When will the next Amnesty be?," as they did in 1987.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Regarding ID Comment "Gutierrez Principles" (10/15/09 ID): Finally, a voice of reason on the immigration reform so badly needed in our country! I see, every day, lives kept in limbo by the system we have now. I hope that Gutierrez continues his fight and helps write a plan that works to right all the wrongs.

Carol McLachlan
Kennett square, PA

Dear Editor:
Regarding ID Comment "Gutierrez Principles" (10/15/09 ID): Does the legislation grant immediate status to those in the low visa categories, those who have waited up to 12 years to come before pathway persons? In fairness those who followed the law should get a better "pathway".

Richard Indyke
Chicago, IL

Dear Editor:
Once again Robert Gittleson's letter (10/15/09 ID) hits the nail on the head. I wish all americans could see the need for CIR. Fair winds and following seas.

John J. Brannigan

Dear Editor:
Regarding ID Comment "Gutierrez Principles" (10/15/09 ID): I want to know what they are doing to help those that are working their way through the system. I can't apply for adjustment of status until my priority number comes up and according to the visa bulletin they're working on June 2001. Apparently I have 7 years to wait (but probably more). When do we get helped? We pay tons of money are tied to our current employers, our spouses are prohibited from working, we pay taxes and contribute to social security and medicare but aren't eligible and yet no one is doing anything to help us get processed. Do I need to become illegal - seems like they have more rights to immigration than those that follow the rules and pay the ridiculous processing and legal fees. Frustrated!


Dear Editor:
Well, at least two of the four Letters yesterday (10/15/09 ID) made sense. I happen to believe that the letters of R. Yang and R. Gittelson are very industrious and intelligent, but have been deluded by the undue influence of Globalism and Liberalism and that regardless of words to the contrary, such views put America and citizens last. The RG letters have long mistaken self bias and interest for fact and majority opinion. While the letter tediously attempts to frame a philosophy of equality and magnanimous fairness to all, the effort fails, as you cannot bestow rights of citizenship or other "fairness" upon illegals without being unfair to citizens and such efforts seem to have more to do with profits than principles. We read, "where your treasure is, there will your heart be also" (Matt. 6:21,24) and "no man can serve two masters". We do not see even this claimed "equality" in practice. Minorities are given preference, illegals are given benefits designed and paid for citizens, lax entry laws are only tokenly enforced and there is opposition to even that, etc. We will soon be dialing 1 for Spanish and 2 for English. All of this looks "superior" to me as US citizens can't get away with this in other lands or here. The letter's professed philosophy appears to be just another Sun Tzu tactic to deceive and defraud US citizens to continue the entry invasion and Plantation profits. The letter does, "err at best and is treasonous at worst" when illegals are allowed equal or superior rights over citizens. Little wonder that with such a double-minded lens, the letter views others as, "talking out of both sides of their mouth". The law states that illegals are not supposed to be here and the apologists won't accept this.

Jim Roberts

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