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  • Jan 25 - The Einstein Fallacy

    Comment: The Einstein Fallacy
    Albert Einstein is often held up as a shining example of an immigrant by supporters of immigration, in the sense that he made powerful intellectual contributions to the USA. Even the anti-immigrationists use this argument to support their position that very few immigrants are of Einstein-caliber and hence only very few immigrants should be admitted. The record does not support either of the two positions above.

    Mr. Einstein was already 54 years old when he moved to the USA in 1933. Almost 100% of his lifetime contributions to physics were, by then, already complete and published. In fact, 4 of his most brilliant papers were published in 1905, when he was only 26 years old (in fact, so revolutionary were these papers that they are known today as the Annus Mirabilis papers).

    Our point is that, were a USCIS adjudicator to look at an O-1/EB1 petition for Mr. Einstein under current law, as of Mr. Einstein’s record in 1933, Mr. Einstein would be readily granted a visa. However, were that same adjudicator to look at an O-1/EB1 petition for Mr. Einstein, as of his record of 1904, Mr. Einstein would likely be denied a visa. In other words, US immigration law today places too much emphasis on a past record of achievement, even though the past is no guarantee of future performance – an immigrant with a stellar record may produce nothing of substance once here, simply because he/she is toward the end of his/her career. By contrast, modern immigration law gives too little weight to the inherent promise of youth – Mr. Einstein in 1904 had a brilliant and productive future ahead of him. As of 1904, the 25-year old Mr. Einstein was merely a third-class technical expert on probation at the Patent Office in Bern, and did not have any evidence to satisfy a USCIS adjudicator as to his brilliance and ability to reshape physics.

    We encourage Congress to think outside the box in shaping the immigration reform bills soon to come – as shock therapy, we suggest a permanent bar to admissibility for Nobel laureates and exemption of those under 30 from 214(b). Crazy as these ideas may seem, our current system is no less crazy in terms of its effect on the USA, it is merely the familiarity of the current system that make our shock therapy suggestions shocking. Those who want a hand in re-shaping US immigration law should be aware that the re-write is currently underway, and that by spring, most of the language and concepts will be frozen already. The time to lobby Congress is now – let a thousand flowers bloom! Share your thoughts by writing to editor@ilw.com.

    Article: 7 Interviews = 1 Visa by Kenneth White

    Blogging: Hotel Developers Look To EB-5 Program For Help by EB5Investors

    News: CRS Report on Pakistan-U.S. Relations

    Focus: I-9 and E-Verify For Experts
    Tuesday, January 29th is the deadline to sign up for Thursday, January 31st phone session of "I-9 and E-Verify For Experts" with Ann Allott, Sarah Duckham, John Fay, Patrick Shen, and other to be announced. The curriculum is as follows:

    FIRST Phone Session on January 31 - E-Verify

    • Signing up for E-Verify at different locations
    • Hiring location different than work location
    • Notice issues
    • Latest changes

    SECOND Phone Session on February 21 - Remediation and Best Practices

    • Destruction policy, lost I-9's, disaster loss such as "Sandy"
    • How to notify a new employee what documents to bring
    • ICE and a discussion with an HR person who has electronic program
    • Remote hires, agents and when to use SKYPE

    THIRD Phone Session on March 14 - I-9 Enforcement

    • Fines: 5 factors to consider to negotiate large reductions
    • New Cases from DOJ office of discrimination

    Tuesday, January 29th is the deadline to sign up. For more information, including speaker bios and registration information, please see:
    Online: http://www.ilw.com/seminars/201302.shtm
    Fax Form: http://www.ilw.com/seminars/201302.pdf

    Headline: Bipartisan group of senators to introduce high-skilled immigration bill - The Hill's Hillicon Valley Click Here
    Headline: A look at where key Congressional players stand on immigration indicates reform could come soon Click Here
    Headline: Jeb Bush pushes comprehensive immigration strategy Click Here
    Headline: Susana Martinez, N.M. gov., says grandparents came to US illegally Click Here
    Headline: Marco Rubio: Immigration Reform Can Keep Tech Jobs in U.S. Click Here
    Headline: 15 arrested during Trenton bar raids by police, troopers, and immigration officials Click Here
    Headline: Seven Surprising Ways Immigration Helps Build a Stronger America Click Here
    Headline: Immigration fallout from saying no to 'Obamacare' Click Here
    Headline: Arizona could make the Medicaid expansion an immigration fight Click Here
    Headline: Will USCIS Develop Fair, Humane Travel Policies for DACA Recipients?: Click Here
    Headline: You thought America had a backlog? -- UK Immigration Inspector Slams Application Backlog Click Here
    Headline: Marco Rubio: Obama must confront unions if he wants to sign an immigration bill: Click Here

    Help Wanted: Immigration Professional
    Toronto, Canada - Ernst and Young Global Immigration is seeking a Global Immigration Coordination Manager/Senior. The role of Manager Global Immigration involves day-to-day management and oversight in all aspects of global immigration client accounts. The activities will include supervising Global Coordination Staff and Seniors and can range from ensuring client accounts are being looked after to providing high level reporting on the status programs. An ideal candidate must have 3+ years of Global Immigration or related experience; a law degree would be an asset. Strong organization and project management skills and ability to deliver accurately to tight deadlines in a high-pressured and time-sensitive environment are also a plus. For more information, please visit Ernst and Young's career website at www.ey.com/CA/jobsearch keyword search: Global Immigration or contact Lisa Chow at Lisa.Chow@ca.ey.com

    Help Wanted: Immigration Attorney
    Toronto, Canada - The US Business Immigration Specialists at Egan LLP is seeking an Associate Attorney to manage multiple and challenging US business immigration engagements and to contribute to the delivery of solutions and ideas for their diverse institutional clients. Egan LLP has offices throughout Canada in Vancouver, Calgary, Toronto, and Montreal. The ideal candidate should have a JD along with admission to any US State Bar, a 3+ years of business immigration experience, with an emphasis on high-volume H-1, L-1, NIV, and PERM filings, and strong client management skills, excellent managerial, organizational, and verbal/written communication skills. For more information, please visit Ernst and Young's career website at www.ey.com/CA/jobsearch keyword search: EGAN or contact Lisa Chow at Lisa.Chow@ca.ey.com

    Help Wanted: Immigration Paralegal
    Toronto, Canada - The US Business Immigration Specialists at Egan LLP is seeking a Law Clerk (Paralegal) to manage multiple and challenging US business immigration engagements and to contribute to the delivery of solutions and ideas for our diverse institutional clients. EGAN LLP has offices throughout Canada in Vancouver, Calgary, Toronto, and Montreal. The ideal candidate should have an undergraduate university degree or equivalent related work experience, 2+ years of business immigration experience and must be highly organized, with strong attention to detail and have strong verbal/written communication skills. For more information, please visit Ernst and Young's career website at www.ey.com/CA/jobsearch keyword search: EGAN or contact Lisa Chow at Lisa.Chow@ca.ey.com

    To submit an article or a news item to Immigration Daily, write to editor@ilw.com. Follow ILW.COM on Twitter.

    Letters of the Week: Honza Prchal, John Keller

    ComingsNGoings: Immigration Event
    Teleconference - February 7 - 2:00pm-4:00pm (EST) - USCIS Public Engagement Divsion invites interested individuals to participate in a stakeholder engagement. USCIS previously published policy guidance on the adjudication of petitions and applications after the death of a qualifying relative, in accordance with Section 204(I) of the INA. During the engagement, subject matter experts will outline key provisions of the policy memorandum and address stakeholders' questions and concerns. To register, please email the Public Engagement Division no later than February 6 at public.engagement@uscis.dhs.gov and reference "Qualifying Relative" in the subject line. Please include your full name and organization you represent in the body of the email.


    An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2012 American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

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