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Immigration Daily

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Immigration Daily December 30, 2009
Previous Issues
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Ellis Annie

The New York Times reports "As it turned out, the first immigrant to set foot on Ellis Island when it opened on Jan. 1, 1892, an Irish girl named Annie Moore, did not go west and die in Texas, as had long been believed, but spent her days as a poor immigrant on the Lower East Side, dying in 1924." For the full story, see here.

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


Today Is Deadline For PERM For Beginners

Tuesday, December 29 is the deadline for ILW.COM's new seminar series of "PERM For Beginners" with speakers Ellen Freeman (discussion leader), Ferzana Hashmi, Janet Henner, Elizabeth Thompson and Other Speakers To Be Announced. The curriculum is as follows:

FIRST Phone Session on December 30: Understanding the PERM Process

  • Who, what, where, when, and how of the labor certification process
  • Analyzing the position in question
  • Immigrant visa preference categories
  • Devising minimum job requirements
  • Analyzing whether these job requirements are normal (DoT (SVP) v. O*Net (job zones))
  • Drafting job description
  • Securing prevailing wage determination (dealing with State Workforce Agencies)
  • Documenting the foreign national employee's qualifications
  • Business necessity documentation
  • Dealing with foreign language requirements, closely held family business, combination of occupations, training and distinguishing former and current positions with the same employer
SECOND Phone Session on January 13: Preparing & filing PERM application
  • Devising recruitment campaign
  • Employer registration and attorney sub-account on federal and state levels
  • Placing Job Order with a state Department of Labor
  • Roles of attorney, employer and foreign national
  • Notice of internal posting
  • Mandatory Printed Ads - elements, placement, considerations
  • Professional positions and the necessary additional recruitment
  • Schedule A and Special Handling positions
  • Recruitment Report and audit preparedness
  • Drafting and submitting Form ETA-9089
THIRD Phone Session on February 10: Addressing PERM Post Filing Concerns
  • Proving Business Necessity
  • Responding to Audit
  • Addressing layoffs
  • Corporate reorganization during and after the filing
  • Demonstrating employer's ability to pay
  • Correcting typos and other errors after the filing
  • Reconsideration and Appeal
  • Supervised recruitment
  • Summary of best practices
Tuesday, December 29th is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.


Accountable Plans
Paula N. Singer, Esq. writes "Travel expenses reimbursed under an arrangement that fails to meet these requirements are income to the worker either as wages or self-employment compensation."

The Economics and Policy of Illegal Immigration in the US
Gordon H. Hanson for the Migration Policy Institute writes "A more constructive immigration policy would aim to generate maximum productivity gains to the US economy while limiting the fiscal cost and keeping enforcement spending contained."

Immigrant Of The Week: Rajul Sheth
Greg Siskind writes "Well, it turns out the actual Silicon Valley is the Silicon Valley for America's ping-pong talent."

To submit an Article for consideration, write to


USCIS Updates EB5 Regional Centers List
USCIS published a list of Immigrant Investor Regional Centers by state, updated December 24, 2009.

CRS On FGM As Persecution
The Congressional Research Service issued a report analyzing FGM as persecution and discussing when it can constitute a basis for asylum and withholding of removal.


Translation Services
Certified translations by Legal Language Services in 157 languages have helped immigration attorneys throughout the United States for more than 25 years. Legal Language translates birth and marriage certificates, academic degrees, health records, employment information and other documents needed for immigration proceedings. Legal Language meets all USCIS translation requirements. Legal Language also offers consecutive and simultaneous interpreting, as well as certified transcription, in support of immigration proceedings. Rush service, including same day service, is available for a slight additional fee. For a free consultation or for more info: call 1-800-788-0450 or email or visit us at In addition, Legal Language seeks experienced immigration attorneys to contribute to our blog and respond to questions from visitors to our site. Email us to discuss further.

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.

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.


Illegal Aliens Can't Dodge Identity Theft Charges In Utah
Under Utah law, the use of a Social Security number that belongs to another person is a felony regardless of whether the illegal alien knows or doesnt know that the Social Security belongs to someone else.

How One Immigration Law Cheats The Elderly
OK, so what if you'd like one of these au pairs to live with your ailing mother as an alternative to, say, a $70,000 a year nursing home? You can't do it.

Anti-ICE Legislation Introduced On Hill
But as of Monday, the bill's list of 92 cosponsors contained only Democrat names who hailed from the Congressional Progressive, Hispanic and Black caucuses.

High Tech Work Visa Reaches Cap Late This Year
But in a valley in which 53 percent of our engineers are foreign born, and more than half of the founders or CEOs of technology companies being foreign born, it underscores the need for talent from around the globe to compete globally


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

Immigration Event
The CIS Ombudsman invites you to attend USCIS Website - How Is It Working for You?" January 27, 2010, 2-3 p.m. EST. RSVP to To ensure your participation, we encourage you to RSVP 48 hours before the call. Please send us your questions and issues related to the teleconference topics ahead of the call.


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

Dear Editor:
With regard to Gladys C. Farris' letter (12/29/09 ID) it is worth remembering that of the approximately 3,000 people killed in the September 11, 2001 attacks, around 500 were foreign born. According to contemporary CNN reports, the victims came from at least 90 different countries, if I recall correctly. Despite the ranting of countless politicians and talk show hosts over the last eight years about the "3,000 Americans" who died in the attacks, the attacks were not only against the American people, but against America's core values of tolerance and diversity, regardless of race, creed or national origin. I have not seen any reports indicating that the terrorists ever checked the immigration status of their victims.

Roger Algase, Esq.
New York, NY

Dear Editor:
In re Mr. Algase's letter (12/28/09 ID), apology accepted. As for his statement that "I still fail to see any difference between his letters' express and implied slurs against Mexican immigrants as "less easy to assimilate" and Benjamin Franklin's rants making the same accusations against German-speaking immigrants more than 200 years ago.", I feel I owe an explanation though not a rebuttal. America has a certain carrying capacity to assimilate new people into its remarkably welcoming and successful culture and institutions. I argue that with some modern institutions actually dedicated to mediating between Spanish speaking immigrants and pretty much everyone else instead of assimilating them, and with the preponderance of Mexicans among those Spanish speakers, it is harder for Mexicans to assimilate. We need to vary the mix to both speed assimilation and increase our capacity to take immigrants in without heightening social tensions as much as present policy does. My gripe isn't with Mexicans per se, it is with a system that allows in so many more Mexicans than Punjabis and that further increases the number of illegals among them. That's a recipe for bi-culturalism. Bi-culturalism is bad. Seems to me the pro-Mexican position is actually anti-immigrant since the voting public will not tolerate being made to feel like foreigners in their own country but has long shown a high tolerance for an Epcott Center like smorgasbord of foreignness. Assimilation is one of those things one knows when one sees it, and things like English language proficiency, participation in the workforce or census or voter rolls are all fairly good proxies for it. The Devil is and always will be in the details, but intentionally making immigration flows more of a hassle to voters by failing to optimize its make up to make it as palatable as possible is silly.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
We are to be blamed for this Nigeria bomber, because our embassy was warned about this guy by his father, but they did nothing to stop him they still went ahead and give him a visa to come here, without any question. London denied him renewal of a student visa, but we are too naive we take things for granted and cost innocent people their lives in the process, the same thing happen on 911 we issue student visa to these people and allow them on a plane without any question, and even after they took down the towers and died in the process immigration was still issuing renewal of their student visas Something is not right with this picture, because immigration is too busy trying to find ways to denied law abiding people their green cards, and not following the law, instead doing what their mind tell them to do or how they feel, because they have the power too and blank honest children who are contributing in a very positive way to this country their green cards after they waited for some ten to fifteen years in line to get one and pay all the required fees but over looking these nuisance that up to no good a chance to come and destroy our country, every act of terror that took place was done by people who was in legal status, none of them was illegal! But yet still the illegals in this country can't stand a chance, they are being treated like hard core criminals, but yet a boy that was on the terror list could walk in an american embassy and walk out with a valid visa, he even went through security and still boarded a plane not once but twice with explosives in his under wear, what a picture.


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