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Immigration Daily

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Immigration Daily December 18, 2009
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Immigration Goes To Supremes

The Los Angeles Times reports "The Supreme Court said Monday it would consider whether a strict immigration law called for deporting noncitizens convicted of repeat misdemeanor drug offenses." For the full story, see here.

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


The Consular Posts Book, 2009-2010 Edition Shipping Now

The Table of Contents for "The Consular Posts Book", 2009-2010 Edition, shipping now, is as follows:

Chapter 1: Argentina - Buenos Aires, By Christi Hufford
Chapter 2: Armenia - Yerevan, By Alice Yardum-Hunter
Chapter 3: Australia - Sydney, By Noah Klug
Chapter 4: Brazil - Sao Paulo, By Kristina Rost
Chapter 5: Canada -Toronto, By Dharamchand " Randy" Depoo
Chapter 6: China - Beijing, By Frederick W. Hong; Guangzhou, By Jakob Lipman and Adam Lee; Shanghai, By Christy Nguyen
Chapter 7: Colombia - Bogota, By Luis A. Pinilla
Chapter 8: France - Paris, By Curtis Pierce
Chapter 9: Germany - Frankfurt, By Steven A. Culbreath; Munich, By Magdale Labbe Henke
Chapter 10: Haiti - Port au Prince By Jose E. Latour
Chapter 11: India - Chennai, By Vic Goel; Kolkata, By Poorvi Chothani; Mumbai, By Priscilla Jones; New Delhi, By Poorvi Chothani
Chapter 12: Jamaica - Kingston, By Claire D. Nilson
Chapter 13: Nigeria - Lagos, By C. Valerie Ibe
Chapter 14: Philippines - Manila, By Emmanuel S. Tipon
Chapter 15: Taiwan - Taipei, By Lesa M. Lawrence and Jessica L. Rodriguez
Chapter 16: Trinidad and Tobago - Port of Spain, By Claire D. Nilson
Chapter 17: United Kingdom - London, By Edward S. Gudeon
Chapter 18: Vietnam - Ho Chi Minh City, By Marc Ellis

Chapter 1: Introduction
Chapter 2: New Attorney Vulnerabilities in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks
Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: The Consular Role in L-1 Blanket Petitions
Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
Chapter 11: State Department Name-Checks and Security Advisory Opinions (SAOs)
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces
Chapter 13: What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions
Chapter 14: A Template for Attorney Risk-Assessment

Selected excerpts and documents: Statutes, Regulations, Foreign Affairs Manual, Forms, Executive Orders, Department of Commerce, Department of Homeland Security, Department of Justice, Department of Labor, Department of State, Bureau of Labor Statistics, Customs and Border Patrol, Citizenship and Immigration Services, Government Accountability Office, Federal Bureau of Investigations, Immigration and Customs Enforcement, Internal Revenue Service, The White House, ILW.COM, Miscellaneous, Web Links

For contributor bios, more info, and to order, please see: . Or for fax, please see:


Immigrant Of The Day: Irving Berlin of Russia
Kevin R. Johnson celebrates the achievement of immigrant Irving Berlin.

Bloggings On Updates In Immigration Law
Carl Shusterman writes "The Comprehensive Immigration Reform bill introduced in the House of Representatives would revamp the existing employment-based preference system in a number of important ways."

Bloggings On Nurse And Allied Health Immigration
Christopher T. Musillo writes " This means that nursing petitions will be exempt from the Immigrant Visa numbers, which is the legislation that groups such as the AAIHR have been pushing all along."

To submit an Article for consideration, write to


ICE Releases Updated SEVP List
SEVP released a revised list of Student Exchange Visitor Program approved schools as of December 3, 2009.

USCIS Reminder On CNMI Permits
USCIS reminds aliens living and/or working or studying in the Commonwealth of the Northern Mariana Islands (CNMI) under CNMI permits to request parole before seeking to travel to Guam and other parts of the United States.

USCIS Announces Advance Parole Procedures for the CNMI
USCIS reminded aliens living in the Commonwealth of the Northern Mariana Islands to apply for Advance Parole before traveling abroad if they do not otherwise have U.S. lawful permanent resident status or an appropriate U.S. visa.


Help Wanted: Immigration Professional
INSZoom seeks software sales executive to generate new business by cold calling to develop new markets in the US immigration law firm vertical. Requirements include: Excellent usage of MS Outlook, Word, and Excel, meticulous organizational skills, proven sales track record, confidence with cold calling, skilled at online demos, strong communication skills, ability to multitask, travel required (10-20%). Earn while you learn - success will be amply rewarded. $48-$50K base + commission. Competitive benefits package offered. Qualified applicants encouraged to apply. Please send cover letter + resume to: with subject line indicating position. No calls please, all applications must be submitted to: Principals only.

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.

PERM Services
At Jon Byk Advertising, Inc., we provide a wide range of services that will help fulfill your PERM recruitment requirements quickly, cost-effectively, and efficiently. With 15+ years of experience working with one of the nation's largest immigration law firms, our customer service is unparalleled. We understand the importance of meeting DOL requirements with regards to ad content, media selection, ad documentation (tear-sheets), and deadlines. We will locate publications that meet DOL and EDD requirements by geographic region, provide upfront pricing, and timely deliver original tear-sheets for all ads (print, online or broadcast). Our experience in recruitment solutions means valuable time saved for you. For more info and a free quote, contact Mya Le at 310-476-3012 or Please visit our website for special offers and discounts.

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


Identity Crisis
The Ohio Bureau of Motor Vehicles isn't on a modern-day witch hunt for illegal immigrants hiding behind fake or stolen identitiesor so they say.

The Case For Inaction On Immigration
The Gutierrez bill is too permissive to get very far: It grants amnesty to any employed illegal alien provided the alien has not been convicted of a crime and pays a $500 fine.

Baca's Immigration Stand Unlikely To Cost Him His Seat, Experts Say
Joe Baca's support for the rights of illegal immigrants could cause him some political damage but isn't likely to cost him his seat in the House of Representatives, experts said Wednesday.

Immigration Reform: Obama Next Challenge?
Despite healthcare reform and job creation taking up so much of President Obama's attention these days, Rep. Luis Gutierrez introduced an immigration bill this week the first crack at this thorny issue since comprehensive immigration reform died in 2007.


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

Dear Editor:
I agree with Robert Yang's letter (12/17/09 ID) that religion should be kept out of the immigration debate. The reason is that not everyone believes the Bible is the "word of God" and not everybody believes in the God personified in the Bible. Therefore, to a great many people of this nation, quoting the Bible is meaningless. For those who do believe, they should apply their religious views to their daily living, but should not impose their religious views as justification for immigration reform. There are practical and economic reasons for designing a more workable immigration system in America, however, the proposal of Robert Wang's letter to have open borders throughout the world is not feasible. We are not one world. We are a world of different sovereignties, which have very different views culturally, economically and politically. The European Union has attempted to unify the economies of the various member nations. They have free immigration access across borders and that works, but they did not throw open their borders to the world. One cannot compare the European Union and its member states to the United States of America vis--vis the rest of the world. If we were to throw open the US borders, without regulation or restraint, it is obvious that half of India, China, Latin America and the entire continent of Africa, would be immediately lining up to get in. There would not be enough airplanes or ships to hold all the wanna-be immigrants seeking a better life. Of course, after they arrived and found the streets are not paved with gold, they would simply revert our nation into the same chaos and poverty that exists in their home countries, since the US economy would not support that type of mass immigration.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Mr. Algase's letter (see 12/16/09 ID) asks what the difference is between the idea my letter defended of matching immigration quotas to speed in assimilation. That is a fair question. The two biggest differences is that the point of using the criteria my letter suggests is to increase and diversify immigration flows into the US and that assimilation can be measured with fairly objective social science using sources like tax data, homeownership, graduation rates or other neutral criteria. Such data, while imperfect, are better than mere prejudice or pseudo sciences like phrenology. They can also be changed year to year to reflect changes in the data set. We do something similar with the Visa Waiver program. Whatever gets us the greatest bang for the buck, as it were. As for Peter G.'s letter's question, I'd make immigration easier, clearer, and enforce tolerable but reliably imposed penalties for illegal immigration. If illegal immigration were not seen as easier than legal immigration and further as worth the cost, it wouldn't be a problem. Make the costs of breaking the rules clear and make the rules for coming clear and the problem will be significantly ameliorated. As for Mr. Yang's letter's suggestion that religion be banned from "politics, educational institutions and public spaces", one wonders why he left the People's Paradise that is mainland China. The immediate predecessors of the masters of Beijing killed a lot more people than the Taiping and Dungan rebellions combined in no small part to achieve the vision he articulates, a vision inspired more by the French Revolution than by the American War of Independence or Britain's Glorious Revolution. America has always given shelter to members of persecuted religions, though not as much as we should have.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
We have not received "Immigration Daily from ILW.COM" dated 16th December and 17th December 2009. Please forward the same.

Sudhir Shah, Esq.

Editor's note: We checked our records and your email address was not part of the Immigration Daily listserv. Your email address has been added and you should begin receiving Immigration Daily, starting with today's issue. Previous issues are available in our archives.

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