-----------------IMMIGRATION DAILY FROM ILW.COM------------------

August 13, 2009


1.  Comment: Birthers And Immigration
2.  Focus: Today Is The Deadline For Students: F, J, and M
3.  Articles:
    (a) Priority In Immigrant Visa For "Aging Out" Children by
    Syed H. Imam, Esq.
    (b) The American Spirit Of Enterprise by Richard Ebeling for
    the Foundation For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) USCIS Updates H-1B Count
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Help Wanted: Immigration Attorneys
    (c) Help Wanted: Immigration Attorney
    (d) Help Wanted: Immigration Attorney
    (e) Website Services
6.  Headlines:
    (a) US Bares 'Alien Files' Kept on Immigrants
    (b) Napolitano Focuses On Immigration Enforcement
    (c) Hundreds Of Immigration Cases Unresolved
    (d) Nearly 20,000 Slots Still Vacant In H1B visas
7.  ComingsNGoings:
    (a) Share Your Professional News
8.  Letters From:
    (a) Nolan Rappaport, Esq.
    (b) Paul Good, Esq.
    (c) Robert Gittelson
    (d) Robert Yang


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Birthers And Immigration

We follow the lunatics called the Birthers since they are raising
issues of fact and law, both of which concern citizenship and
nationality, a core issue that we have traditionally covered in
Immigration Daily. The issue of fact is, of course, ridiculous -
no one has any reason to doubt either the integrity of Hawaii's
vital records or the integrity of its elected officials (the
Chief Executive of Hawaii at this time happens to be a
Republican). The racist double standard of the Birthers on the
issue of fact - the location of President Obama's birth is clear
- no white President's birth records have ever been questioned,
even though six Presidents before Mr. Obama had an immigrant
On the issue of law, jus soli is dispositive on the issue of
"natural born" - there is no controversy whatsoever on this issue
in our history. Jus sanguini is utterly not involved in the case
of Mr. Obama's eligibility, the shrill screams of the "anchor
baby" opponents notwithstanding. Jus sanguini, is, however,
intimately involved in the case of Sen. McCain, the Republican
candidate in the 2008 election. In that connection, some
remarkable developments have indeed occurred in immigration law,
which have escaped everyone's notice, something that we will
return to in a future issue.

Nutty as they are, the shenanigans of the Birthers are important
to follow since these cast a light on the course that the CIR
debate soon to come to Congress will follow. Mother Jones
provides a quick sketch of the leading personalities in this
fringe group of losers,
hardly the sort that the Republican Party (or any Party) should
want to tie their fortunes to. In a colorful review, Politico
provides a small sample of the beliefs and protestations of Ms.
Orly Taitz,
one of the leading crazies:

++Goldman Sachs runs the treasury.

++Obama is a puppet.

++There's a cemetery somewhere in Arizona where they just dug
30,000 fresh graves, which wait now for the revolution.

++Baxter International - a major Obama contributor - developed a
vaccine for bird flu that actually kills people.

++Google Congressman Alcee Hastings and House Bill 684 and you'll
see that they're planning at least six civilian labor camps.

++The communist dictator Hugo Chavez way back in 2004 purchased
the Sequoia software that runs our voting machines and the
mainstream media won't report any of it - not even Fox because
Saudi Arabia bought a percentage of Fox in 2007.

If the Birther mania  presages the immigration debate in
Congress, CIR advocates have nothing to fear.

We welcome readers to share their opinion and ideas with us by
writing to mailto:editor@ilw.com.

Today Is The Deadline For Students: F, J, and M

ILW.COM's latest seminar is Students: F, J, and M, with speakers
Steve Springer (discussion leader), Parker Emerson, Liz Goss,
Elizabeth James, Greg Simkiss, and Other Speakers To Be
Announced. The curriculum is as follows:

FIRST Phone Session on August 13: Intricacies of the F, J, and M
Student Classifications

++Overview of F, J, and M student classifications - maintenance
of status, changes in program (extension, transfer, change
of level, etc.), and reinstatement
++Players and roles (ICE/SEVP, USCIS, DOS, attorneys, Designated
School Officials, and Responsible Officers)
++Institutional responsibilities
++What you need to know about SEVIS and SEVIS reporting (an
overview and update)
++The two-year home residence requirement for some Js
++Dissecting "duration of status" and overstay/unlawful presence
issues for Fs, Js, and Ms
++Effect of lawful permanent residency process on status and
eligibility for benefits

SECOND Phone Session on September 10: F, J, and M Student

++F-1 employment-processes and parameters
+++++Employment based on severe economic hardship, employment with
an international organization, and special student relief
+++++On-campus employment
+++++Curricular practical training, including institutional
policies and practices
+++++Optional practical training  (When is it available, and what
is a "higher level" of study?; Appropriate employment; STEM
extension of optional practical training; "Cap-gap" extension of
status and work authorization; Requirements of employers, DSOs,
and students, pitfalls (such as unemployment), and unresolved
issues and anticipated developments)
++J-1 employment-processes and parameters
+++++Employment based on unforeseen economic circumstances and
special student relief
+++++On-campus employment
+++++Academic training, including special issues concerning post-
doctoral employment
++M-1 employment-processes and parameters
+++++General prohibition
+++++Post-completion practical training

THIRD Phone Session on October 15: F, J, and M Student Visa and
Status Acquisition and Travel

++Restrictions on study for Bs and F-2s, and study as a secondary
activity for those in non-          student classifications
++SEVIS, travel, visa acquisition, and change of status,
including recent developments      concerning SEVIS fee payments
++Change of status to/from F, M, or J
+++++Process, documents, and strategy/timing issues
+++++Grace periods and change of status
+++++Two year home residence requirement and change of status
++Travel, the necessary documents and "authorizations"
++Visa acquisition
+++++Timing, documents, plans, and overcoming INA 214(b)
+++++Recent DOS cables, adjudications, and indications from consular
+++++Security checks and delays
+++++Third-country-national visa processing in Canada and Mexico
(including INA 222(g))
++Optional practical training, travel, and visa acquisition
+++++Travel while awaiting the employment authorization document
+++++Travel while engaged in OPT, including employment requirement
+++++Travel during cap-gap extension and STEM extension
+++++Travel while engaged in OPT with an approved future change of
status to H-1B
++Travel to re-establish status (as an alternative to
++Travel and "automatic extension of visa validity"

Wednesday, August 12th is the deadline to sign up. For more info,
including speaker bios, detailed curriculum, and registration
information, please see: Online:
http://www.ilw.com/seminars/200921.shtm. Fax form:
http://www.ilw.com/seminars/200921.pdf. Don't delay, sign up

(a) Priority In Immigrant Visa For "Aging Out" Children

Syed H. Imam, Esq. writes "On July 16 a federal judge in a case
requesting for certification of a nationwide class action suit
challenging the government's restrictive interpretation of
section 3 of Child Status Protection Act, 2002 (CSPA)), which had
amended Section 203(h)(3) of the Immigration and Nationality Act
(INA), ruled that he is willing to consider this long standing

(b) The American Spirit Of Enterprise

Richard Ebeling for the Foundation For Economic Education writes
"Our task, therefore, is to remind our fellow citizens about what
made America so inspirational for so many around the globe. We
must work to restore the spirit of individualism and self-
responsibility that made America unique."

(c) Bloggings On Immigration Law And Policy

Greg Siskind writes "Expensive visa fees, prevailing wage
requirements, lawyer fees, travel costs, communication challenges
and more all make foreign workers an expensive proposition best
utilized when addressing a serious worker shortage."

To submit an Article for consideration, write to
4.  NEWS

(a) USCIS Updates H-1B Count

USCIS announced that as of August 7, 2009, approximately 44,900
H-1B cap-subject petitions and approximately 20,000 petitions
qualifying for the advanced degree cap exemption had been filed.
USCIS continues to accept both cap-subject petitions and advanced
degree petitions.

(a) Help Wanted: Immigration Paralegal
Washington, DC - Fragomen, Del Rey, Bernsen & Loewy
seeks an experienced Paralegal for its D.C. office. This is a
career position requiring a wide range of skills in a fast-paced
setting for the right candidate. Our ideal candidates have 2+
years experience with all aspects of business immigration,
including H-1B and L-1 visas, PERM, Immigrant Visa Petitions, and
Applications to Adjust Status. The Paralegal will have the
opportunity to manage caseloads with a large degree of
independence; communicate with clients regarding procedural and
case processing issues; update and maintain client status
reports; prepare bills; and serve as a team resource. Very
competitive salary and benefits for the right candidate. Please
email your cover letter, resume, and writing sample (Word or
Adobe formats only) to Robert F. McCafferty, Human
Resources/Office Manager, at mailto:rmccafferty@fragomen.com. Or
fax same to 202-371-2898. EOE.

(b) Help Wanted: Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorneys for its Refugee and Asylum Law Division in
Washington, D.C. Responsibilities include, but are not limited
to, advising the Division Chief, the Chief Counsel, and USCIS on
issues relating to US immigration laws and international treaty
obligations, and providing legal advice on domestic asylum law
and practice, overseas refugee resettlement programs, temporary
protected status, and the Convention Against Torture. J.D.
degree, active bar membership, 1+ years of post-J.D. experience
required. For full details enter COU-CIS-2009-0007  here.
Applicants must submit (1) writing sample (5 pps. max) (2) resume
(3) cover letter, to mailto:Ronald.Whitney@dhs.gov All
submissions must be received by close of business on August 14,
2009. GS-13/15. Position open until filled. No relocation
allowance offered.

(c) Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an
experienced attorney with experience in immigration law and
training for the Training and Knowledge Management Division
(TKMD). Responsibilities include, but are not limited to, the
development of course materials and delivering of instruction,
developing and managing content with the USCIS Knowledge
Management Center, and serving as an advisor to the Chief of the
TKMD, the Chief Counsel, and to USCIS on issues relating to
immigration laws. J.D. degree, active bar membership, 3+ years of
post-J.D. experience and experience in classroom instruction
required. For full details enter COU-CIS-2009-0006 here.
Applicants must submit (1) cover letter (2) resume , (3) two
writing samples (10 pps. max) to mailto:Janice.Neetenbeek@dhs.gov
OR Mail to: Janice Neetenbeek, Chief, Training and Knowledge
Management Division, OCC, U.S. Citizenship and Immigration
Services, 8801 N.W. 7th Ave., Suite 2012 Miami, Florida 33150.
Applications faxed or submitted through USAJOBS will not be
considered. All submissions must be received by close of business
on August 14, 2009. GS-13/15. No relocation allowance offered.

(d) Help Wanted: Immigration Attorney
Midtown NYC - Attorney for nationally recognized immigration firm
specializing in immigration for physicians, scientists, and
business professions. Will train but experience with O-1's and
EB-1's a plus. Please send resume + writing sample to

(e) Website Services
Gain the competitive edge with your new website from INSZoom, the
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the major search engines. Our content management tool lets you
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Biweekly newsletters and email blast tools enable you to stay in
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process of launching your new website today.
6.  Headlines

(a) US Bares 'Alien Files' Kept on Immigrants

Immigration files containing a wealth of information collected by
American border agents, some of it dating from the late 19th
century, will be opened to the public soon and permanently
preserved, providing intriguing nuggets about such famous
immigrants or visitors as Alfred Hitchcock and Salvador Dali.

(b) Napolitano Focuses On Immigration Enforcement

The secretary, Janet Napolitano, defended the administration's
assertive strategy against illegal immigrants and companies that
employ them, relying largely on programs started under President
George W. Bush.

(c) Hundreds Of Immigration Cases Unresolved

There are more than 700 immigration cases before the nation's
courts with most of them taking nearly half a year to resolve.

(d) Nearly 20,000 Slots Still Vacant In H1B visas

For the first time in several years the H1B visa programme, once
the most sought after among Indian professionals, is unlikely to
reach its cap of 65,000 before the start of the 2010 fiscal with
nearly 20,000 slots lying vacant thanks to the tattered US

For links to the above stories see here:
7.  ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) Share Your Professional News
Send your professional announcement to: mailto:editor@ilw.com.
Examples include: New Position, Honors And Awards, Mergers &
Acquisitions, New Office Address, New Appointment, New Associate,
New Attorney, New Partner. This is a free service.

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

(a) Dear Editor:
Regarding the article on attracting foreign investors (08/12/09
ID comment), I would like to see more done in this area.  One of
the requirements to get an investor visa is to create new jobs in
the US, something of great value in our present situation with
rising unemployment.  If we have an immigration reform bill
enacted this year, I hope it includes some provisions to expand
the foreign investors program.
Nolan Rappaport, Esq.

(b) Dear Editor:
Sheriff Joe (08/04/09 ID comment) charges undocumented immigrants
in Arizona as illegal, i.e. just as illegal as US military forces
that entered Iraq in 2003.  The contrast though is sharp.  The
Arizona undocumented are docile and useful.  They keep a low
profile, do not attack legal residents, do not destroy houses,
stores, villages.  I remember visiting Baghdad just before Gulf
I.  It was a quiet town, clean and safe.  I could walk by the
river, visit stores, eat at restaurants without fear of harm.
The museum was inviting and interesting.  Of course, I had Iraqi
permission to enter the country. The fact that I had a diplomatic
passport was irrelevant.  Thanks to our preemptive invasion Iraq
now faces an inevitable civil war.  Even Sheriff Joe is not
charging that this will be the result of the undocumented
visitors to Arizona.  From the reports on Sheriff Joe's
activities, I think he is more of a danger to Arizona than the
Paul Good, Esq.

(c) Dear Editor:
While I try to read the Letters to the Editor section almost
every day, I rarely feel the need to chime in. However, Jim
Roberts' letter (08/12/09 ID) pushed my buttons. In my opinion, a
racist letter expresses an opinion that generalizes a group of
people as all being the same, in a derogitory manner, be it race,
color, or in the Roberts' letter, profession. The letters of this
gentleman show the capacity to dissaprove of an entire category
of people based on the writer's slanted stereotypical viewpoint
of "others." I find his letter's assertion that all lawyer's
opinions are for sale to be offensive and racist against a
category  of people that are, for the most part, honest,
intellegent, hardworking, and often maligned with cheap shots.
However, when the letter defends Sheriff Joe for standing up
against the "brown invasion," it goes on to make a statement that
goes to the heart of my issue with the perspective of this type
of mentality. The letter questions the audacity of some Americans
that dare to show compassion for non-citizens and their "rights"
above those of citizens. I am tolerant of those that believe that
their citizenship entitles them to exercise compassion for others
as they see fit. I feel that my citizenship holds me to a higher
standard of compassion. As an American, I feel a sense of
patriotic duty to be generous of spirit, and to be gracious and
encouraging to those that are less fortunate, and that risk their
lives to participate in the American Dream. I do not warrent
placing non-citizens "above" citizens, but question those that
would oppress or discriminate against those that do not meet a
personal litmus test of homogeniousness to their vision of what
an American should look like.
Robert Gittelson

(d) Dear Editor:
The biggest any Western countries mistake is unstainable and
flawed welfare policy. Ponzi scheme welfare like Social Security
won't last and it's very unfair to pay those who never paid their
fair share into the social safety net at the first place at the
expenses of others. Another mistake is taking in refugees from
countries that have theocracy in place and people believe in
theocracy and believe in sexist, racist, apartheid,
discriminatory religious mindset, customs and laws and these
ungrateful refugees sometimes demand that their religious sharia
should be implemented partially or even better for them in whole
and sadly so many political correct politicians and citizens
support them and keep blind eyes, even with so much religious
extremism which create the threat of homegrown hateful monsters
and terrorists . All Western nations should outlaws
implementation of Sharia of any religions and demand all citizens
and immigrants must accept the concept of equal rights for all,
none above the laws and separation of state and religion in
government and politics, they must ban veils for women because it
symbolizes oppression and discrimination on women and a potential
security threat to the society by masking their faces and
identity and deport all immigrants who believe in persecution,
segregration and discrimination based on gender, faiths, sexual
orientations, race and ethnicity in the name of God and faiths.
Countries can make any immigration restriction laws as they like
and wish for whatever reasons but please remember any potential
immigrants that can benefit one country but rejected will be the
advantage for the next country who will happily accept him.
Restrictive immigration laws won't shield anyone in any countries
from global competition anyway. Countries who invest more in
their people and infrastructures will win the global competition.
Robert Yang
The first daily in the field of immigration. Forward this to a

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

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