Comment: Immigrants Locked Away
The New York Times reports that there are immigrants being held in federal custody without bond hearing for over three years. A Federal judge in Massachusetts granted class-action status to all immigration detainees who have been held without bond hearings for six months or more. Last April the Ninth circuit held that government is required to grant bond hearing to immigrants held over six months.

These rulings reflect the growing understanding - in the federal courts, if not at Immigration and Customs Enforcement - that the constitutional guarantee of due process demands that a detainee have a hearing within a "reasonable" time and that more than six months is not reasonable by any definition. The Obama administration, in expanding the surge of immigration enforcement begun under President George W. Bush, has detained and deported nearly two million people. The overwhelming majority are dealt with swiftly and summarily, without ever receiving a hearing before an immigration judge. Others who challenge their deportation, like the Sri Lankans, wait for years to get a resolution of their cases. Still others, lacking aggressive lawyers, languish forgotten in federal lockups across the country.
The US Constitution and the Bill of Rights applies to all, and that most emphatically includes all immigrants. We applaud those fighting for immigrant rights-they are acting in the great American tradition of expanding the protection of rights to every minority. Please let us know your thoughts by writing to us at

Article: New Opportunity for EB-5 -- Canada Terminating the Immigrant Investor Program By Yi Song, Esq.

Article: ABC's of H-1B [Part II] BY Michael Phulwani David Nachman and Rabindra K. Singh, Esq.

Blogging: BREAKING: Supporters have locked themselves together at Northwest Detention Center By Matthew Kolken

Blogging: Liberal House Dems Oppose Senate Bill Eliminating Diversity Visas. By Roger Algase

News: DOL Releases FAQs on Notification and Consideration of Laid-off US Workers for PERM Recruitment

News: USCIS Releases Notice on ICE-Granted DACA Renewal Guidance (Updated)

News: DOS Releases Cable on Revised Reciprocity Schedule for China

Focus: Foreign Physician Immigration Options for Experts is proud to announce our newest seminar series, "Foreign Physician Immigration Options for Experts." The Discussion Leader will be Jan Pederson and other speakers include Robert Aronson, Joseph Curran, Bruce Hake, Kristen Harris, Dayna Kelly, Jennifer Minear, Greg Siskind, Karen Pollins, and Barry Walker. The curriculum is as follows:

FIRST Phone Session on February 27, 2014 - Non-immigrant Options for Physicians

  • H-1B vs. J-1 for Graduate Medical Training: Weighing the Pros and Cons
  • H-1B Clinicians and Academicianst
    • Qualifying for Cap Exemption
    • Dual Appointments and Licensing Concerns
    • Prevailing Wage Issues for Physicians - Secret Tips Revealed
    • Physicians of National or International Renown - Beating the USMLE
    • How to Beat the Six Year Limit on H-1B Status
  • J-1 Residents and Fellows
    • Moonlight Issues
    • Travel During Training - Looming 214(b) Issues
    • Credentialing and Licensure Concerns
    • How Residents and Fellows are Segregated in the Matching Process - J, H, EAD, Asylee, Refugees, LPRs
  • O-1 - Which Physicians make the grade? Can you be an extraordinary resident or fellow?
  • TN - Can you ever be a clinical resident on a TN?
  • E-2, L-2, Asylees, Refugees; EAD Status for GME

SECOND Phone Session on March 20, 2014 - J-1 Clinical Waivers for Physicians

  • Interested Government Agency Waivers
    • Worsening shortage of waiver slots requires strategy change
    • Conrad State 30
    • Delta Regional Authority
    • Appalachian Regional Commission
    • HHS (Clinical and Research)
    • VA
    • Northern Border Regional Commission (expected soon)
  • Hardship and Persecution Waivers
    • Advantages and Disadvantages
    • Requirements
    • Processing Times
  • Timing Issues: Can we put all the pieces together by July 1 and strategies if a piece is missing by July 1?
  • How many waivers can you have pending at one time?
  • What if the federal or state IGA waiver job goes south?

THIRD Phone Session on April 3, 2014 - Immigration Options for Physicians and Summary of Pending Physician Legislation

  • Pending Physician Legislation and what it will do for your clients
  • PERM
    • Strategies for drafting the ETA 9089
    • Advertising requirements-short and sweet?
    • Timing, licensing and board eligibility requirements
    • EB1 "Extraordinary Ability"
    • EB2 NIW Physician
      • What time Counts
      • Changes in Jobs and Filing Requirements
    • EB5
    • Asylum

For additional information, including speaker biographies and to register, please see:
Fax Form:

Don't delay, act today; the registration deadline for the first session is February 26th at 11:59 pm.

Headline: Immigration Reform Is at a Standstill but There's Still Work to Be Done Click here
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Headline: Could Medicaid expansion debate turn into an immigration issue? Click here

Help Wanted: Immigration Paralegals
Washington, DC - Immigration group with Polsinelli is seeking paralegals. Duties include assisting in Form I-9 audits, working in database, preparing immigration forms, drafting correspondence, conducting research, maintaining files, maintaining case management system, and communicating with clients. BS or BA degree and Paralegal Certificate required. Immigration compliance a plus, but will train. Ideal candidate will possess attention to detail, ability to multi-task, and meet assigned deadlines. Salary commensurate to experience. Please send resumes to Heather Haynes at

Help Wanted: Immigration Attorney
Los Angeles, CA - Immigration law firm in Studio City is seeking a full time, bilingual (Spanish) associate attorney. The law firm handles a variety of immigration cases, including (but not limited to) Adjustment of Status, Consular Processing, provisional waivers, U-Visas, VAWAs, DACAs, SIJS cases, TPS, cases before Immigration Court, the BIA, and the Ninth Circuit. The law firm handles PERM labor certifications and employment based petitions and also works on nonimmigrant business visas such as L Visas, E Visas, etc. Responsibilities include: working with the paralegal team to supervise and facilitate the preparation of immigration packets to be sent to USCIS; preparing evidence and briefs to be sent to the Immigration Court, BIA, and Ninth Circuit; conducting legal research; appearing in Immigration Court on behalf of clients; representing clients in adjustment of status and naturalization interviews; giving consultations and providing potential clients with an assessment of any possible immigration relief available to them. Ideal candidate will have the following experience and skills: experience with types of cases outlined above; experience with the Immigration Court, BIA, and Ninth Circuit; fluency in Spanish and the ability to provide information to clients in Spanish in a way that allows clients to easily understand whether they qualify for any immigration relief; and excellent customer service skills. All resumes and submissions will be treated with strict confidence. Please send resumes to

Help Wanted: Immigration Paralegals
Multiple Locations - Baker, Donelson, Bearman, Caldwell, & Berkowitz, P.C. has an immediate opening for two immigration paralegals. One opening is in the Chattanooga Office, the second opening is in the Chattanooga, Atlanta or Nashville office. Candidates must have either a Bachelor's Degree and/or a paralegal certificate from an ABA approved paralegal program. Spanish fluency preferred, but not required. Some responsibilities include: assisting attorney with determining case strategy; managing large volume of clients and tracking status of filings and documentation needed; gathering relevant documentation from clients; reviewing extensive case documentation received; assisting attorney with legal research; assembling and organizing filings with the government; drafting legal correspondence to the government and clients for attorney review; preparing appropriate forms for government agencies, maintaining fully paperless file copies. Ideal candidate will have strong organizational, interpersonal, and communication (oral and written) skills, including the willingness and ability to work directly with foreign nationals to gather information and documentation. All applicants should have an aptitude for detail; the ability to work efficiently, and to work under pressure with or without direct supervision. Each candidate must be able to handle multiple projects at the same time and have excellent facility with computer systems and the ability to learn and efficiently use new systems. Candidates must be flexible, have regular attendance and be willing to work overtime if necessary. Resumes will only be accepted for position posted. Must provide minimum authorization to work in the United States. Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC is an equal opportunity employer and all qualified applicants receive consideration for employment and all employees are treated during employment without regard to race, color, sexual orientation, religion, sex, age, national origin, genetic information, physical or mental disability, veteran status, gender identity and marital status. To apply, go to

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

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Letters of the Week: SheldonNovick, Benito Mora Segovia

ComingsNGoings: Immgration Event
February 27 - 11:30am [EST]- USCIS in partnership with the DOJ Civil Rights Division, Office of Special Counsel (OSC) for Immigration Related Unfair Employment Practices will be offering a Spanish-language Employee Rights webinar. This webinar will help Spanish speakers understand and teach others about employee rights in the Form I-9 and E-Verify employment eligibility verification processes. There will be another webinar on the same topic on March 25th at 2:00pm. to Register for the February webinar, click here:

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