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

August 11, 2009


1.  Comment: Share Your Professional News
2.  Focus: Students: F, J, and M
3.  Articles:
    (a) Precedent Decisions Of The Board Of Immigration Appeals
    In Fiscal Year 2008 by Juan P. Osuna and Jean C. King
    (b)Inside The Judges' Chambers: Narrative Responses From The
    National Association Of Immigration Judges Stress And Burnout
    Survey  by Stuart L. Lustig et al. for the Georgetown
    Immigration Law Journal
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) CBP Expands Global Entry Program
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Help Wanted: Immigration Attorneys
    (c) Help Wanted: Immigration Attorney
    (d) Help Wanted: Immigration Attorney
    (e) Credential Evaluation And Translation
    (f) Case Management Technology
6.  Headlines:
    (a) Doughnut Company Sentenced In Immigration Case
    (b) Obama Sees Early 2010 Start On Immigration Reform
    (c) A Look At The US Immigration Detention System
    (d) Lady Liberty Tweets
7.  ComingsNGoings:
    (a) Submit Your Announcement
8.  Letters From:
    (a) Thomas E. Moseley, Esq.
    (b) Roger Algase, Esq.
    (c) David D. Murray, Esq.
    (d) E.S.F.
    (e) Gladys C Farris
    (f) Haydee Pavia
    (g) Tabatha McEnaney


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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.

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

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) Precedent Decisions Of The Board Of Immigration Appeals In
Fiscal Year 2008

Juan P. Osuna and Jean C. King write "This article summarizes
these published decisions (Interim Decisions 3586 through 3623),
which covered a broad range of legal and procedural issues that
come before the BIA and the Immigration Judges."

(b) Inside The Judges' Chambers: Narrative Responses From The
National Association Of Immigration Judges Stress And Burnout

Stuart L. Lustig et al. for the Georgetown Immigration Law
Journal write "Among this population we recently quantified
stress and burnout using
objective survey measures that showed that IJs suffer from
symptoms of secondary traumatic stress and more burnout than has
reported by groups like prison wardens or physicians in busy

(c) Bloggings On PERM Labor Certification

Joel Stewart writes "Accordingly, when an I-140 petition is
thoroughly documented, evidence about the alien's qualifications
should be accepted by DHS, even though it was omitted from the
9089 Form Park K inadvertently or purposely by a poorly informed
preparer, who may be the Employer himself!"

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

(a) CBP Expands Global Entry Program

U.S. Customs and Border Protection (CBP) published a notice in
the Federal Register announcing the expansion of the Global Entry
Program to thirteen additional airports.

(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) Credential Evaluation And Translation
Why do the largest law firms, corporations and universities in
the U.S. choose AETS for their foreign credential evaluations?
Because as the nation's leader in foreign credential evaluations
and translations, American Evaluation & Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $75
educational evaluations, as well as $300 'expert opinion' work
experience and position evaluations completed by PhD university
professors who have the "authority to grant college level credit
for work experience and/or training." AETS offers a variety of
turn-around times, including same-day service for educational,
work experience, and position evaluations. For list of rates and
times, see:
AETS also provides certified translations in 100+ languages,
with translators that are specialists in 80+ fields. For a copy
of the Application for Credential Evaluation and Translation
Services, see:
Please contact AETS at anytime at (786)276-8190, visit
http://www.aetsinternational.com , or email:

(f) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, TrackerCorp
is the most flexible and dependable immigration management
solution on the market today. Designed by immigration attorneys
and paralegals, ImmigrationTracker is often praised for its ease
of use, intuitive features, and built-in immigration knowledge.
As one of our customers noted, "If we had two years and unlimited
funds to design our ideal immigration management system, Tracker
would be it."  Phil Curtis, Chin & Curtis.  Find out for yourself
why Tracker is the choice of: 83% of practicing Past Presidents
of the AILA (American Immigration Lawyers Association, through
June 2007); 86% of the 25 largest immigration law firms (IndUS
Business Journal 2006); 75% of the AmLaw 200 (largest US law
firms, American Lawyer Media, 2006); 3x as many globally ranked
immigration attorneys as compared with other software vendors
(Chambers Global and the International Who's Who of Business
Immigration Lawyers, 2007). Schedule your private demo: Call
1-888-466-8757 ext. 278 or email mailto:sales@trackercorp.com.
6.  Headlines

(a) Doughnut Company Sentenced In Immigration Case

A federal judge has ordered stiff sanctions against a Houston-
based doughnut maker for harboring illegal immigrants.

(b) Obama Sees Early 2010 Start On Immigration Reform

Speaking to Hispanic reporters at the White House, Obama said he
hopes a bill for comprehensive immigration reform will be drafted
by the end of this year.

(c) A Look At The US Immigration Detention System

A look at the amounts paid per night for each immigrant at some
of those facilities, according to public records.

(d) Lady Liberty Tweets

How hip is this for a 122-year-old lady?

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) Submit Your Announcement
If you have a professional announcement such as: New Position,
Honors And Awards, Mergers & Acquisitions, New Office Address,
New Appointment, New Associate, New Attorney, New Partner, that
you wish to share with the Immigration Daily community, send your
professional announcement to: mailto:editor@ilw.com.
comingsNgoings announcements 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:
As the descendant of a third generation German immigrant,
Benjamin R. Bittle, who fought bravely for the Confederacy with
Company G, Third Missouri Infantry, Missouri Brigade at Vicksburg
and in defense of Atlanta, where his record was about like mine
with the 11th Circuit, I would gently encourage you to gain some
historical perspective in attempting to use the Confederacy as
means to tar the Republican party on immigration. (08/10/09 ID
comment) After all the Confederacy was the first national
government on the North American continent to give cabinet level
office to a descendant of Jewish immigrants. I refer of course to
Judah P. Benjamin, who at various times served as Secretary of
State, War and Attorney General in the Confederate States of
America. Second, as to the Sotomayor vote, my Missouri ancestors
would be surprised to learn that Kansas was part of the
Confederacy, not to mention Utah, Iowa, Wyoming, Idaho, Nebraska,
South Dakota, Arizona, and Alaska, yet Republican senators from
all those states voted against confirmation. And on the so called
"birther" movement, give it a rest already. No Republican leader
subscribes to this nonsense, while such responsible conservative
publications as National Review have repeatedly denounced this
looniness. Unforunately, such outlandish views, like belieing
that the moon landing was phoney or 9/11 was staged or the Bush
national guard documents in Dan Rather's news report weren't
forgeries are the price we pay for a free society and should not
affect our serious consideration of immigration issues.
Thomas E. Moseley, Esq.                 Newark, NJ

(b) Dear Editor:
The only value of the letters of GNM, Ridinin and Jack (08/06/09
ID), among many other similar recent ID letters praising
America's foremost and most vicious bigot, Sheriff Joe Arpaio,
the modern day incarnation of the notorious Sheriff Bull Connor
of the old, segregated South, is to show how deep the hatred
against Latino and other brown skinned immigrants really is in
America and how total its control is over today's immigration
policy. How can supporters of  a man who is the embodiment of
the worst in America's racist traditions while masquerading as a
law enforcement officer dare to call themselves Americans, even
as they betray the principles of tolerance and racial equality
that have made this country great above all others? With this
thought, and no doubt to the relief of many ID readers, I will
now really and truly sign off until next month.
Roger Algase, Esq.                 New York, NY

(c) Dear Editor:
Jim Roberts's letter (08/10/09 ID) takes yet one more opportunity
to take a pot shot, rather than adding anything meaningful to the
immigration debate, when it says, "The D. Murray letter (08/07/09
ID) falsely believes that the addition of an Esq. after the name
enhances the credibility of the content which is absurd and the
practice is in reality, anti-American and a relic of the English
King hierarchical society dominated by titles, ranks, and
nobilities." My letter made no reference to "enhancing
credibility".  My letter remarked that we know who the
immigration lawyers are, but we don't know who the other authors
are. People with no identity could be the hierarchy of special
interest groups like VDARE, FAIR, CIS, etc., hiding in disguise,
under a pseudonym like the Lone Ranger of past ID letters. So, I
wonder, will the real authors care to step forward and reveal
their identity and affiliation to any special interest group, if
any? We lawyers do, by adding the Esq. and we feel no shame in
this, nor do we feel any special privilege, just a way of
identifying who we are.  As to Robert Yang's letter (08/10/09
ID), who claims to be ABC (American Born Chinese), my reference
to his apparent status as a permanent reference applicant was
simply a result of a comment he made in a previous letter, where
he identified himself as such. I would think that the letters of
an ABC, born and educated in the US, would have a better command
of the English language than the letters have exhibited in the
past. So what are we going to do about the Amnesty issue in CIR?
It there is to be one, how should it be structured procedurally,
so as to be fair to all?
David D. Murray, Esq.                 Newport Beach, CA

(d) Dear Editor:
The other day I came across a post in the blogosphere containing
a four-letter hate word beginning with "S", that is often used
against Hispanics, to describe Justice Sonia Sotomayor. If her
parents had been Mexican, instead of Puerto Rican, I am sure the
blogger would have called her an "illegal alien" or "anchor baby"
instead, without any change in meaning.

(e) Dear Editor:
Regarding ID comment (08/10/09 ID): I cannot see why the
persecution of Obama regarding his Birth.  He is the President
and to do this shows the bigotry of the nation per se. So this
man who is our President is being audited after he was proclaimed
and sworn in.  What does that relay to the world but how little
we are.
Gladys C Farris

(f) Dear Editor:
Before discussing a topic, one must try his best to inform
oneself of the subject at hand. I would like to respond to Mr.
Murray's letter (08/07/09 ID), that Hispanic is an ethnicity and
not a race.  Hispanics are white, brown and black.  What makes us
Hispanics is our culture, our surnames and our language. Some of
us   are white, some of us are pure indian, mixed indian and
white and   some of us are mixed white, indian and black. It
matters not. We are   Hispanics. While is it true that some South
Americans are of German,   Italian, French and Eastern European
heritage, the majority are of   Spanish (Spain) heritage. Yes, I
am Hispanic, 100 per cent. And yes, I believe in   pulling up the
ladder.  I didn't come to this country to see it   turned into
the mess that I left behind.
Haydee Pavia                 Laguna Woods, CA

(g) Dear Editor:
I think it is just so funny how people can sit there and
criticize illegal mexican when they work as hard as they do out
in those fields all day in the hot sun sleet hail snow and you
are sitting in an air conditioned office or what not. you will
rarely ever see an american out in the field doing anything
period without complaining about it. if it wasnt for them working
for very little money we would be screwed. i see mexicans all the
time helping out farmers and doing yardwork and everything else.
it seems that nobody looks at the positive side and all the good
and helpful things they're doing for us. theyre not doing
anything to us. most of the construction going on is mexicans
working.id like to see the people talking crap get out in those
fields from 4:30 in the morning to 9 at night and not get paid
like everyone else! the majority of the people sayin this are
racists and are just doing it to be doing it i dont remember god
splitting countries and races apart. that is something that was
done just to be done. all the people who claim to be big
christains and are doing all this im sure the lord isnt
congradulating you. think about it.
Tabatha McEnaney
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