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  • Feb 3 - Put Up or Shut Up

    Comment: Put Up or Shut Up
    A small faction within the Republican Party is bent on obstructing immigration issues and has no plans of their own on immigration policy. While they claim rule of law as their rationale, this claim is merely a fig leaf for racism. This includes folks like Senator Sessions and Senator Cruz. Politico reports that Senator Cruz is advocating using all procedural tools including holding up nominations to block President's immigration actions.

    The appropriations bill passed by the House purports to strip the funding for Presidential executive action on the undocumented. This stripping is misleading for three reasons:

    • Most of the funding for the President's action is through user fees which the House has not seen fit to repeal USCIS's authority for.
    • The President will certainly veto the House bill and there are not enough votes in Congress to override his veto.
    • Furthermore, the Senate needs to pass some version of the appropriations bill. Firstly, a simple majority is not sufficient in the Senate, due to the filibuster. Secondly, some Republican Senators oppose the House version, so it is not possible to ram the House bill through the Senate even if the filibuster was not an issue. We suspect that the version of the bill that Senate will produce will be anathema to Senator Cruz and his ilk.


    In contrast to Senators Cruz and Sessions, the Senate Majority Leader Mitch McConnell, is acting for all his party's members whose opinions on immigration are diverse. He has responsibly vowed not to block any nomination or to shut down DHS. In contrast to the scorched earth policy of the anti-immigrationists the Senate Leader is being a statesman.

    But McConnell [has] vowed not to shut down the vital security agency... In an interview Friday, McConnell said he "absolutely" would give [Attorney General nominee] Lynch a vote on the floor. "I can't imagine any circumstance in which a president's nominee for a Cabinet position would not be given a courtesy of a vote on the floor of the Senate."

    "Just Say No" is not an option for legislators on immigration at this time. It is irresponsible, untenable and will not work. We ask the majority in the Republican Party and its leadership to call out its lunatic fringe to offer solutions to our broken immigration system, and not let them pretend that the millions of undocumented will "self-deport" or vanish into thin air by their denial of reality. If Mr. Sessions and Mr. Cruz believe they have the power of conviction in their non-position on immigration, the time has come for them to put up or shut up.

    Share your thoughts by writing to editor@ilw.com.

    Article: You Have Employees Who Received Deferred Action-Now What? By Rachel A. Gonzalez

    Article: Perfection of Application After Filing and Eligible at Time of Final Adjudication. Joseph P. Whalen

    Blogging: Nebraska Becomes 5th State to Join RIDE. By Bruce E. Buchanan

    Blogging: House Bill Defunding DACA/DAPA Initiatives Fails in Senate. By Greg Siskind

    News: USCIS Message on Updated Fliers on Expanded DACA, Preparing for DAPA

    News: DHS Fact Sheet on Homeland Security FY2016 Budget

    Focus: The Consular Posts Book 2nd Edition
    The Consular Posts Book 2nd Ed. is available for pre-order at a discounted price! The editor is Rami D. Fakhoury and contributing authors are Poorvi Chothani, Steven A. Culbreath, Dharamchand Depoo, Marc Ellis, Vic Goel, Edward S. Gudeon, Magdale Labbe Henke, Frederick W. Hong, Christi Hufford, C. Valerie Ibe, Priscilla J. Jones, Noah Klug, Jose E. Latour, Lesa Lawrence, Adam Lee, Mark Levey, Jakob Lipman, Susan Willis McFadden, Christy Nguyen, Claire D. Nilson, Curtis Pierce, Luis A. Pinilla, Jessica L. Rodriguez, Kristina Rost, Emmanuel S. Tipon, Alice Yardum-Hunter. The table of contents is as follows:

    PART I. MAJOR CONSULAR POSTS
    Chapter 1: Argentina
    Chapter 2: Armenia
    Chapter 3: Australia
    Chapter 4: Brazil
    Chapter 5: Canada
    Chapter 6: China
    Chapter 7: Colombia
    Chapter 8: France
    Chapter 9: Germany
    Chapter 10: Haiti
    Chapter 11: India
    Chapter 12: Jamaica
    Chapter 13: Nigeria
    Chapter 14: Philippines
    Chapter 15: Taiwan
    Chapter 16: Trinidad and Tobago
    Chapter 17: United Kingdom
    Chapter 18: Vietnam

    PART II. THEORY AND PRACTICE
    Chapter 1: Introduction
    Chapter 2: New Attorney Vulnerabilities in International Practice;
    Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
    Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul
    Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks
    Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
    Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
    Chapter 8: The Consular Role in L-1 Blanket Petitions
    Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
    Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
    Chapter 11: State Department Name-Checks and Security Advisory Opinions (SAOs)
    Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces
    Chapter 13: What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions
    Chapter 14: A Template for Attorney Risk-Assessment

    PART III. RESOURCE MATERIALS ON CD-ROM

    For additional information, please see:
    Online
    By Fax

    Headline: Obama Administration Releases New Fliers For Illegal Immigrants Explaining Exec. Amnesty Click here
    Headline: Report: Immigration Reform Crucial To Midwest Agricultural Success Click here
    Headline: What's missing in America's immigration debate Click here
    Headline: Senate Democrats Poised to Block Republicans In Immigration Dispute Click here
    Headline: White House budget: Homeland Security agenda includes airport security and plugging gaps Click here

    Help Wanted: Immigration Attorney
    Troy, MI. Associate Attorney: Ellis Porter is seeking a dynamic associate attorney with at least 3 years of employment based immigration experience. Attorney will manage high-volume caseload for clients ranging from start-ups to Fortune 500 companies. Experience should include temporary work visas (H-1B, TN, L-1, E-1/E-2/E-3, O-1) and green cards (PERM, EB-1, NIW). Industry experience in automotive/engineering, IT consulting, and/or healthcare is preferred. Language skills are also a plus. Think you're a good fit for our team? Please submit your resume, cover letter, and salary requirements to shaju.jacob@ellisporter.com. and we'll be in touch.

    Help Wanted: Immigration Paralegal
    Los Angeles, CA. Immigration Law Office is looking for a paralegal with two or more years of experience with employment and investment visas, O-1 Visas, immigrant petitions, adjustment of status and naturalization applications. Applicants must have the ability to communicate in a courteous and professional manner, strong organizational skills, and be detail-oriented. If interested, please send resume and cover letter by email to Tucker@TuckerSandlerLaw.com.

    Help Wanted: Immigration Paralegals
    Philadelphia, PA. Greenberg Traurig has openings in its Philadelphia Office location for junior to mid-level business immigration paralegals. Qualified candidates for the junior paralegal positions should have a minimum of 6 months preparing immigrant visa petitions/Adjustment of Status cases. Qualified candidates for the mid-level paralegal position should have a minimum of 4 years preparing immigrant and nonimmigrant visas (i.e., H, L, TN, E, O, J visas, adjustment of status, consular processing, advance parole, employment authorization documents, PERM etc.). The ideal candidates must be very organized, detail-oriented and able to work independently. They must possess excellent computer skills as well as strong written and verbal communication skills. If you would like to work in a fast paced, heavy volume, deadline driven environment alongside a team of experienced immigration attorneys and professionals who are passionate about the practice of Immigration Law, then we want to hear from you! We have all the resources of a large, international law firm while preserving our firm's collegial and collaborative culture. Competitive benefits and compensation package offered. Please send resume and cover letter with salary requirement to Nancy Miller at millerna@gtlaw.com. Greenberg Traurig is an Equal Opportunity Employer.

    Help Wanted: Immigration Paralegal
    Los Angeles, CA. Fast paced but small Los Angeles immigration law firm seeks paralegal/legal assistant. Will train the right person. Will work closely with attorneys and clients to prepare immigration petitions for work visas, marriage and family based green cards. We focus on representation of scientists, professors and students. Must be able to multi-task, write well and be willing to make two year commitment. Minimum BA/BS degree. Hours are 8:30-5:30 Monday-Friday. Email resume, cover letter and two references to alex.grey.cooke@gmail.com.

    Help Wanted: Immigration Paralegal
    New York, NY. Yarden Law Group is looking for a business immigration paralegal with two or more years of experience with employment and investment visas, immigrant petitions, adjustment of status applications and naturalization. If interested, please send CV and cover letter by email to shavit@yardenlaw.com.

    visaparalegal
    Paralegal Services
    Based in Teaneck, NJ (NYC Metro Area), Faveo Paralegals provide cost-effective, per-case, flat-fee, immigration paralegal services to attorneys across the United States. Faveo Paralegals' clients include sole practitioners, mid and large size law firms, and legal departments of Fortune 500 Companies. Our paralegals previously worked for large international law firms and in-house departments of Fortune 500 Companies. References are available upon request. For a cost-effective, flat, per-case fee, Faveo Paralegals can fully, professionally and competently prepare for attorney's review wide range of nonimmigrant and immigrant visa petitions including: H-1B, H-2B, H-3, L-1A/B, E-1/2, I-1, K-1/K-3, O-1, P-1, R-1, TN, U, PERM, I-140 Eb-1, Eb-2, Eb-3, Eb-5, NIW, I-601 Waivers, Responses to RFEs, & Family Petitions, Adjustment of Status Applications. Please visit us on the web at: www.visaparalegal.com Contact E-mail: info@visaparalegal.com Contact Tel: 201-256-3767 x 1. To view Faveo Paralegals video presentation on YouTube go to: Faveo Paralegals Presentation. Important Notice: Please note that we only provide services to attorneys licensed to practice law in the United States. Faveo Paralegals cannot provide paralegal services to general public.

    Certified Translation Services
    Are you looking for certified translations for immigration purposes? American Evaluation and Translation Service, Inc. (AETS), a corporate member of the American Translators Association, provides certified translations in over 100 languages. Since we primarily cater to law firms and universities, AETS' linguists, all of whom either have Master's degrees or more than five years of translation experience, are experts in the field of immigration-related translations. Why entrust anyone else with such important documents? Contact AETS today for a FREE quote. For a copy of our Application for Translation Service, please click here, call (786)276-8190,email translations@aetsinternational.com, or fax the documents to (786)524-0448 or (786)524-3300. Please note that AETS also provides Educational, Work Experience, and Position Evaluations. For more information, please visit the website here or our Foreign Credential Evaluation application here. Application.2013.pdf. You may also call us at (786)276-8190. New customers to AETS will receive a 25% on their first Educational Evaluation request, or on their first one-page translation request - just mention Promotion Code: AETS.ILW.25 to avail of this discount.

    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: Linda Grays

    ComingsNGoings: Immigration Event
    February 12, 2015, 9:30am - 11am (Eastern), Washington, DC. the Migration Policy Institute (MPI) will hold an event to discuss "The Skills of Immigrants: What PIAAC (International Assessment of Adult Competencies) Tells Us." MPI authors will discuss what their analysis reveals about the literacy of the first- and second-generation immigrant population in the United States, the U.S. education and workforce training system, and the implications for the future of the U.S. labor market and its role in the global economy. For more information and registration see here. Space for in-person attendance is limited. No registration is necessary to view the livestream.


    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 1995-2015 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, Lory Rosenberg, Greg Siskind, Joel Stewart, Margaret Wong
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