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Immigration Daily

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Immigration Daily May 29, 2012
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Article:Halt America's Decline By Welcoming Skilled And Entreprenurial Immigrants by Cyrus Mehta

Article: Recent Board Of Alien Labor Certification Appeals (BALCA) Decisions Of Interest by Alan Lee, Esq.

Bloggings: With Hope Springing Eternally, ACUS Is Working On Immigration Again by Angelo Paparelli

Bloggings: DOJ Settles Document Abuse Claim Against Ohio School by Bruce E. Buchanan

News: USCIS Issues Memorandum On Process For Accepting Locally Filed Form I-130

News: USCIS Announces Web-Based Tool To Assist In Preparing For Naturalization Test

Focus: Consular Processing For Experts
Wednesday, May 30 is the deadline to sign up for the Thursday, May 31 phone session of "Consular Processing For Experts" with Rami Fakhoury and other speakers to be announced. The curriculum is as follows:
FIRST Phone Session on May 31: Consular Compliance Issues for Business Immigration

  • The Assumption of Fraud in Business Immigration and Consular Proceedings - Who's at Risk?
  • The Shared Risks of Clients and Attorneys Dealing with USCIS/ICE/USDOL/USDOS.
  • The Federal Task Force Approach to Compliance and the Importance of Self-Audits, Pro-active Petition Amendments, and Internally-Consistent Records and Statements.
  • The Road to Revocation: The escalating process of FDNS-DS investigation (RFEs and site audits), Service Center I-129 denials, referrals for ICE Investigation, that lead to DOS Consular Investigation, Visa Revocation Requests of petitions previously approved for Company Executives, and potential federal prosecution.
  • Discussion and Analysis of Case Examples.

SECOND Phone Session on June 21: Special Scrutiny Visa Categories and Targeted Enforcement of Business Immigration in Certain Industries

  • Partial Suspension of B-1 Issuances for IT industry at Consulates in Indian.
  • Suspension of issuance of L-1 visas pursuant to approved blanket petitions.
  • Elevated L-1B standards. Selective application of Matter of GSTechical Services
  • Neufeld memo "control" application to L-1 owner/directors
  • Special scrutiny and elevated standards imposed on H-1B recent graduates.
  • Equivalency Issues related to Indian 3 year degrees
  • Avoiding and overcoming 214(b) issues with foreign student entrepreneurs
  • Other trends impacting IT and Service workers at various consular posts (visa renewal issues, excludability issues, SAO categories that delay issuance)
  • Special Issues arising at Specific Consular Posts

THIRD Phone Session on July 5: Waivers and Review in Consular Processing

  • Commonly applied grounds of Inadmissability and Denial
  • Escalating Requests for Consular Reconsideration and Review
  • Grounds and Procedures for Request for Advisory Notice review by DOS Central Office, Foggy Bottom
  • Nonimmigrant Visa Waivers of Inadmissibility.
  • 212(d)(3)Eligibility and equities requirements.
  • Procedures for requesting a 212(d)(3) waiver and timelines for adjudications.
    • Appeal procedures if consular officers refuses to make favorable recommendation and winning strategies.
  • Criteria considered in waiver request/approvals.
    • Matter of Hranka
    • Balancing test; weighing the equities against the negative factors. How this works in practice.
  • Immigrant Visa Waivers of Inadmissibility
    • Form I-601 filed with consular officer for most grounds.
    • Consular officer must forward I-601 to DHS office overseas for adjudication.
  • Alternative routes to entry
    • Humanitarian Parole
    • Visa Waiver at port-of-entry
    • 212(d)(4) waiver at land border port of entry.
  • Strategies for Attorney intervention when there is a problem at entry.
  • Consequences of visa revocation/expedited removal at port-of-entry
Wednesday, May 30 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.

Headline: Visa for immigrant crime victims aids justice
Headline: Undocumented student leads fight for citizenship
Headline: NOWRASTEH: Free markets require increased legal immigration. Our current system looks like Soviets designed it
Headline: Immigration Legal Services at Journey's End
Headline: Latest poll: Romney continues to trail far behind President Obama among Latino voters
Headline: Anti-Romney ad focusing on immigration stance hits airwaves
Headline: Judge dismisses charges against immigration agent
Headline: In California, Lawmakers Mount New Challenge to Secure Communities
Headline: May 25 - Obama Worse Than Arpaio?
Headline: Kelly endorsed a 2nd time by anti-immigration group
Headline: Tax Compliance for Immigrants and Employers: The Lawyer's Complete Guide. Don't wait! Get your copy today

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Help Wanted: Immigration Paralegal
Washington, DC - Maggio + Kattar, PC, a nationally recognized, DC-based immigration law firm, is seeking an experienced business immigration paralegal. The ideal candidate will have 2+ years of PERM and NIV experience. Challenging work dealing with international clientele with career advancement possibilities. Excellent work environment, competitive salary and benefits. Please email resume + references to or fax (202) 483-6801, Attn: Amal Talhame. No calls.

Help Wanted: Immigration Professional
Reston, VA - Help Wanted: A prominent business immigration law firm is seeking an experienced immigration professional to research, write, edit, and post timely news, analysis, and articles to the firm's websites and e-newsletters on a daily basis. This position requires strong knowledge of immigration law, outstanding writing ability, and experience in effectively using website content management systems to publish content and seed keywords and metadata. Ideal candidates will be detail oriented, motivated, and possess sound judgment while working with minimal supervision. This position requires 1-3 hours of work daily (M-F), offers flexible hours, and is ideal for telecommuting. Interested parties should apply with resume and cover letter to All submissions will be kept strictly confidential.

Help Wanted: Immigration Attorney
Chicago, IL - Immigration Attorneys, LLP, a law firm practicing in all areas of immigration law, is seeking an experienced attorney to immediately join our practice in Chicago, IL. All candidates must be licensed and have 2+ years attorney experience with a diverse immigration caseload. The ideal candidate is multi-lingual, has handled immigration litigation matters, petitions and visa applications for families and businesses, and has some federal court experience. Candidates must have exceptional research, writing and computer skills; excellent organizational and time management skills; and, a commitment to client service. Salary offered will be commensurate with experience. Candidate will be immediately eligible for benefits. All applications should be submitted via email to Please include a cover letter, resume, writing sample as well as references.

Help Wanted: Immigration Paralegal
Washington, DC - Seyfarth Shaw LLP is seeking an immigration paralegal to join Washington, DC office. This position will participate in all aspects of the firm's national Business Immigration and Global Mobility practice, including assisting in the management of client relationships, preparing and filing employment-based nonimmigrant and immigrant petitions, and serving as a contact to numerous prominent clients. Our clients include Fortune 500 corporations, major academic and medical institutions, and performing artists. The ideal candidates must be able to successfully multi-task, in a fast-paced, deadline driven environment, to communicate effectively in writing and verbally, to use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions and approaches to problems, must have strong time management and organizational skills. Applicants must possess a Bachelor's degree and a strong desire to work in a team-oriented environment to meet client objectives related to their foreign national employees. Prior immigration-related experience is preferred but not required. Salary is commensurate with experience. Please send resumes to Seyfarth offers an outstanding benefit package which includes: medical/dental, 401k with employer contribution; life insurance; generous paid time off policy; short-term and long-term disability policies; an opportunity for professional development and growth. EOE

Immigration Law Certificate
Classes offered both online and in-person. Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. For more information on class schedules, tuition and fees, course applications and to register, see here

To place a classifieds ad in Immigration Daily, see here

Letters of the Week: Debra Venable Shears(2), Vonne Gulak

ComingsNGoings: Immigration Event
Teleconference - June 19 - 2:00 PM - 3:30 PM EST - USCIS is pleased to invite all interested stakeholders to participate in the next bi-monthly stakeholders teleconference. During this meeting experts will provide information and answer questions on the following topics: Form I-539 Change of Status to F, M, or J; Student Reinstatement; Form I-765 Optional Practical Training. To participate in the teleconference, please email Ana Rili at and reference "June 19 teleconference" in the subject line.

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Publisher:  Sam Udani    ISSN:   1930-062X
Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Greg Siskind, Joel Stewart, Margaret Wong