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Immigration Daily

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Immigration Daily December 8, 2009
Previous Issues
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Being Productive reports "Historically, the holiday season may have been a time for you to take it easy, do the minimum amount of activity while you focus on what you will achieve for next year ... not this year". For the full story, see here.

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.


E-Verify: Between A Rock And A Hard Place
Norine F. Krasnogor writes "Once ICE has contacted an employer, the new constructive knowledge standard opens a Pandora's box of potential fines and criminal penalties."

Secretary Napolitano Remarks On Immigration Reform: A Moderate Response
Harry DeMell writes "At this moment the secretary might make a case for more money to hire more investigators and prosecutors but there is little to be gained from significant changes in the law since the law as written has never been effectively implemented."

Bloggings On PERM Labor Certification
Joel Stewart writes "The Anti-Fraud Rule in all its ugliness will be an important topic during the teleconference. Is the rule prohibiting attorney fees unconstitutionally vague? Overreaching? Is it legal? If not, why not?"

To submit an Article for consideration, write to


DOL Releases PERM Appeal FAQs
The Department of Labor released frequently asked questions dated December 1, 2009, clarifying best practices for filing a PERM appeal request with the National Processing Center.

CRS On Foreign Country Research
The Congressional Research Service released an updated report providing a selection of authoritative materials for locating information on foreign countries and international organizations.


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

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.

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.


A National Priority / Public, If Not Lawmakers, Wants Immigration Reform
Most Americans still want immigration reform, even if other concerns like health care reform and the economy have recently taken center stage.

Fighting Fear with Information in Arizona
Pastors, community activists and immigrant rights groups are trying to mitigate fears caused by a new Arizona law that forces state employees to report undocumented immigrants asking for federal and state benefits.

Perry: Culinary Coercion And Hate Mail, All Thanks To Illegal Immigration
But I was absolutely jolted this week by the outpouring of hate from readers taking exception to our Dec. 1 editorial about the so-called virtual fence being built along the Mexican border.

In Final Weekend Push, Capuano Says He's 'Within The Margin Of Error'
"It's about big citizenship," he said. "It's about reform. It's about new ideas. It's about someone who's not playing the game in the existing system free of PACs and lobbyists."


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

Immigration Book
The Transatlantic Council on Migration, an initiative of the Migration Policy Institute and its policy partner, the Bertelsmann Stiftung, today released a new book, Migration, Public Opinion and Politics, which analyzes how media coverage, public opinion and political rhetoric can play an important role in advancing or impeding immigration policy reforms in Europe and the United States.


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

Dear Editor:
Among the ID letters which have been attempting to discuss immigration issues seriously (not including the xenophobic tirades of Jim Roberts' letters and the anti-American rants of Robert Yang's letters), my letters' particular shtick (to use a term not found in the INA) is the racial aspect of immigration. Other letters, such as those of David D. Murray, emphasize the important goals of upholding respect for the law and reforming the immigration laws. But perhaps all of us need to pay more attention to the 800 lb. gorilla in the room, namely the deteriorating economy and competition for jobs. According to some economists, job losses may become much more devastating in the near future, as the burdens of our insolvent federal and state governments and increasingly worthless dollar drag down the economy even further. Therefore, it is not surprising that the Obama administration is trying to get as many as possible illegal foreign workers, as well as legal but temporary ones, fired or deprived of the opportunity to work, in the vain hope that this will create more jobs for US workers. But unless and until there is a serious attempt to put the economy on a sound footing, something that neither of the two major parties seems to be taking seriously, squandering billions of dollars trying to get foreign citizen workers fired and deported, while destroying their purchasing power and ability to pay taxes, is like putting band aids on someone who has been blown apart by a land mine. It may be a long time before the Obama administration, as well as state and local officials, are ready to admit that their "enforcement only" mania is more about pandering to anti-immigrant prejudice and scapegoating than it is about creating American jobs.

Roger Algase, Esq.
New York, NY

Dear Editor:
I am proponent of amending the Constitution to prevent children of those unlawfully present in the US from automatic citizenship. Based on the view of pro-lifers, a fetus is a human life from the day of conception, or shortly thereafter, which should be given rights and protected under the law. If they have rights, then they should have responsibilities, like being subject to the laws of the jurisdiction. But I wonder - when the fetus travels from a foreign country to the US in the mother's womb, having been conceived in a foreign jurisdiction and mama enters the US illegally, does the fetus also make an illegal entry? If so, the fetus would be ineligible to adjust status to permanent residence. However, if after making the uninspected entry, birth occurred on US soil, the fetus' immigration status now automatically elevates to US citizen. Ironic isn't it; a fetus ineligible to adjust, automatically becomes a citizen at time of birth. Did the founding fathers consider this? Next scenario: An illegal mother comes to the US and becomes pregnant by a US citizen father. Is the fetus a US citizen at time of conception, or at time of birth? What if, in the third trimester, mama returns to her home country to give birth? Is the child a US citizen because it was conceived on US soil as a "natural born citizen"? Again, that ugly word, "born" - I guess not. We must rely on the Child Citizenship Act of 2000 to determine citizenship eligibility. Same scenario, but with an illegal alien father. Any right to US citizenship? Of course not - not in either instance. Buy why not? Is it not a life at the time of conception? Perhaps the pro-lifers would like to argue that case. But wait, aren't they immigration restrictionists?

David D. Murray, Esq.

Dear Editor:
Im not sure how to take Jim Roberts' letter's book recommendations (12/07/09 ID), but my response is "Mirrors". Eduardo Galeano. It was never the the intent of the 14th Amendment to deny citizenship to children in mixed status families, or to children born on US Soil. Ever so eager to spend my money on socially conservative and fiscally irresponsible initiatives, Restrictionists would have us create an even larger goverment bureacracy to alter the way our citizenship is verified. The burden on the State Department and the tax payer would be huge. Back to my discussion of "mixed-status" families the unanswered question is how does it enhance society to break these families up and have children who are US Citizens raised outside the country? I cannot imagine that situation fosters allegiance. As for the "fabric of our nation" its a multi-colored quilt it always has been, human migration is a function of mother nature and like other emergent situations should be dealt with in a way that treats people humanely.

Sergi Sheplov

Dear Editor:
Disparity treatments on immigrants from various backgrounds are justified, does it mean we're perfectly fine with apartheid and discriminatory system then? Why Chinese and other nationals fleeing political persecution their communist or oppressive governments should apply political asylum based on their individual merits and circumstances but we give automatic greencards to all Cubans fleeing Fidel's regime that can step on US soil by their own feet ? Where's the fairness and common sense here ? The religions should be out of all schools and universities, laws of any nations for common sense reasons that we can't allow and afford divisive, subjective truth and interpretations, sexist, discriminatory and sometime backward dogmas rule any societies with apartheid, barbaric laws and policies. Many people of faiths are facing huge confusion regarding illegal immigration. Do we really have rights and authority under God to restrict our fellow human beings to sell and trade their labor for better wages and compensation on this planet just because we don't like them to compete with us ? or to pursue liberty, happiness and prosperity ? How dare we ban gay marriage but stay silently on other sins and immoralities starting with divorces first. Some people of faith are genuine to show compassion and treat others like they expect others treating them, but sadly there are others who try to cherry pick whatever religious dogmas that fit to justify their selfish attitudes and hypocrisy toward their neighbors.

Robert Yang

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