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Immigration Daily

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Immigration Daily December 7, 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:


Bloggings On The H-1B Visa
Anthony F. Siliato and Scott R. Malyk write "In recent years, when the economy was more robust, employers filed so many H-1B petitions that USCIS had to create a "random lottery selection" system to establish some fairness among applicants."

Bloggings on Deportation And Removal
Matthew Kolken writes "Am I the only one who is skeptical of President Obama's empty promise of immigration reform in an election year?"

Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "Just when US employers thought the bad vibes emanating from USCIS could get no worse, the agency tasked with deciding whether to approve or reject requests for immigration benefits has come up with VIBE - its new Verification Initiative for Business Enterprises which costs a whopping $35,506,760.43."

To submit an Article for consideration, write to


USCIS Answers National Stakeholder Questions, July 29th, 2008
USCIS published its responses to national stakeholder questions from its July 29, 2008 USCIS National Stakeholder meeting.

DOL On Address Change For Temporary Foreign Labor Certication Program Applications
The Department of Labor published notice in the Federal Register announcing a change in the location where applications for temporary labor certification programs will be filed and/or are being processed, effective December 15, 2009.

DOL On Prevailing Wage Determinations
The Department of Labor published notice in the Federal Register that as of January 1, 2010, the Office of Foreign Labor Certification National Prevailing Wage and Helpdesk Center in Washington, DC, will receive and process prevailing wage determination requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs.

IL Passes EVerify Related Law, Effective Jan 2010
Illinois State passed Public Act 96-263, effective January 1, 2010, which relates to the use of the Employment Eligibility Verification System (courtesy of Gary Endelman, Esq.).


Help Wanted: Immigration Professional
Washington, DC - The American Council on International Personnel seeks a director of agency liaison. Work with ACIP members and federal immigration agencies to improve immigration policies/procedures for large multinational employers. Maintain relationships with policymakers and report on agency activities, organize and report on liaison meetings, identify emerging global mobility trends and explore best practices, draf Fed Register comments and amicus briefs as needed, analyze new policies and procedures, and communicate changes to members through weekly email bulletins, website updates, webcasts, and other venues. Involved in planning ACIP's Annual Symposium in June. Public speaking and travel required. Ideal candidate has law degree, detailed knowledge of business immigration laws + procedures, understanding of global mobility best practices, experience filing immigration applications on behalf of large employers, liaison experience, ability to juggle shifting priorities, excellent writing skills + ideas for improving immigration system. Send resume, cover letter, references + writing sample to

E-3 Treaty Visa
Job Expo Australia - Sydney in March 2010 - Melbourne in October 2010. Hire Australians using the E-3 Treaty Visa. It is good business to hire Australia's robust, educated and English-speaking job seekers. Employers happily find that Australians do not have the cultural assimilation or English language challenges of many workers from other countries. Can't make the Expo - utilize our Rsum Service. The Icon Group of Poulsbo, Washington USA produces Job Expo Australia. Icon has been producing world class international job expos for 12-years. Excellent, high profile, Sponsorship opportunities are available that will bring you to the attention of job seekers before and during the Expo! Outstanding hotel and airline discounts welcome you. Visit our website at Contact us at Australia(at) with your questions and requirements. Now is the time to plan and reserve your 2010 job fair participation. A portion of the Expo proceeds will benefit The Steve Irwin Wildlife Reserve - Australia Zoo. Review the National Press Release -

BIA Delivery Service
Have you missed the deadline for overnight delivery to the Board of Immigration Appeals? We offer same day service to the BIA. We are conveniently located only a block away. Fax us your Notice to Appeal or brief by 2pm ET on the due date to: (703) 845-5991 and we will personally file it for you, obtain a stamped date copy and mail/fax it back to you. We offer competitive rates and unparallelled service. For information, contact us: Brief-X-Press, Falls Church, VA Fax: (703) 845-5991.


Immigration And Theology, An Uneasy Divide
But the restrictionists for the first time are mounting a serious theological challenge, setting off a little-reported battle for the nation's soul that may be more important than all the political posturing in Washington.

Chicago Immigration Activist Now a Congressional Candidate
With dual citizenship and an extensive career that began the moment he arrived in Chicago in 1988, Jorge Mujica Murias decided to announce his candidacy for the third congressional district in Illinois as a Democrat, a seat held by Rep. Daniel Lipinski, also a Democrat.

Persistent Illegal Alien Sentenced, Again
Mondays sentencing followed Martinez-Rojas's July 30, guilty plea.

Immigration Reform
So as we all carry out a dialogue about the specifics of health care reform, lets not forget about immigration reform either.


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

Immigration Event - New York, NY
Riverside Sojourners Immigration Detention Visitor Project will host Phyllis Coven, acting director for the Office of Detention Policy and Planning (U.S. Immigration and Customs Enforcement, Washington, D.C.) for a discussion on immigration reform on Sunday, December 6 at 1:00 p.m. in Room 411 MLK, at The Riverside Church, 91 Claremont Ave. (bet. 120th & 122nd St.), Morningside Heights.


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

Dear Editor:
Robert Yang's letters have written many provocative (in a good way) letters to the Editor. Lately though his letters claim talk more about foreign wars and healthcare costs. His last letter (12/04/09 ID) also featured his dislike of religion, his conviction that conservatives are often closeted homosexuals, something about Anglos Saxons and climate research and his envy of preferential treatment for former East Germans or Cubans (How about people who fled to Hong Kong? Was that wrong too?) in contrast to the treatment of Haitians and Mexicans. That's all fascinating perhaps, but in ID, only the disparity in treatment of immigrants from various locations is relevant. My parting factual quibble that the cost of the Afghan surge - $38 billion - is projected to be about half the cost of the bailout to GM - over $60 billion -, much less the cost of the bailouts or the healthcare bill - is similarly irrelevant to ID's readers, but is offered in the interest of keeping the thread factually grounded if we are forced to return to it again.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
With all due respect to Sergi Sheplov, I believe that his (12/4/09 ID) letter misunderstands Jim Roberts' letters' opposition to recognizing the children of illegal immigrants as US citizens. As I read Mr. Roberts' letters, they are against recognizing these children as US citizens under any circumstances. Unlike Mr. Sheplov's above letter, I do not find anything in Mr. Roberts' letters to suggest that illegal immigrants' children should only be "exiled" from the US during their minority and then readmitted as US citizens when they become adults. As I understand Mr. Roberts' letters, these children are illegally in the US from the moment of birth and should be kicked out permanently. I am confident that a future letter of Mr. Roberts will correct me if this is wrong. This brings us to the main point of the controversy over what Mr. Roberts' letters call "cheapened birth citizenship" and other opponents of Latino immigration call "anchor babies". This point, which Mr. Roberts' letters stubbornly insist on ignoring, is that (with very few exceptions) any child born in the US is automatically a citizen under the US Constitution. If Mr. Roberts' letters are dissatisfied with his country's Constitution, there is a legal procedure, described in the Constitution itself, to amend it. Opponents of immigration always want our country's laws to be followed strictly and to the letter. Except, that is, for the laws they don't like.

Roger Algase, Esq.
New York, NY

Dear Editor:
Regarding Letters of 12/4/09 ID, I think we all can agree with S. Sheplov's letter that the, migration issue is, "extremely complex'. But it is the restrictionists who are trying to responsibly deal with the unwise, massive entry numbers to avoid kicking the, "can down the road for future generations to deal with". Read Frosty Wooldridge's "Let's Pack America with Another 100 Million People in 26 Years Just To See What Happens". Also, "Abuse of the 14th Amendment by illegal aliens is Destroying this Nation" by Dave Gibson of the Norfolk Crime Examiner. While we can't "unring the bell" on past abuses, we can reduce future problems by restricting entry including correcting this now as the 14th Amd. was never intended to include children of illegals which does cheapen citizenship. How does breaking our laws and having a child here by parents who are not citizens enhance citizenship? There is no respect for our laws or US and contributes to cultural separatism, not allegiance which is needed to maintain the fabric of our Nation. The letter blames and covets US for the deficiencies of others and we do have our own problems. The R. Yang letter seems to believe that repeating the same rants makes them valid or relevant. The R. Algase letter berates Janet N. of DHS and seems unawares that she is in support of CIR and has weakened many enforcement policies including 287g. This caused a recent letter of protest by 11 Senators which stated, "Unfortunately, we have seen a dilution of enforcement initiatives in the last several months that make us question your committment" (to enforcement), and then listed several specific areas of concern. Like the White House dinner crashers, some people just don't care for rules, only their desires.

Jim Roberts

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