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

December 8, 2009


1.  Comment: Being Productive
2.  Focus: The H-1B Book
3.  Articles:
    (a) E-Verify: Between A Rock And A Hard Place by Norine F.
    (b) Secretary Napolitano Remarks On Immigration Reform: A
    Moderate Response by Harry DeMell
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) DOL Releases PERM Appeal FAQs
    (b) CRS On Foreign Country Research
5.  Classifieds:
    (a) Help Wanted: Immigration Professional
    (b) J-1 Visa Program
    (c) Translation Services
    (d) Website Services
6.  Headlines:
    (a) A National Priority / Public, If Not Lawmakers, Wants
    Immigration Reform
    (b) Fighting Fear with Information in Arizona
    (c) Perry: Culinary Coercion And Hate Mail, All Thanks To
    Illegal Immigration
    (d) In Final Weekend Push, Capuano Says He's 'Within The
    Margin Of Error'
7.  ComingsNGoings:
    (a) Immigration Book
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) David D. Murray, Esq.
    (c) Sergi Sheplov
    (d) Robert Yang


Books On Immigration Law: http://www.ilw.com/store/
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Being Productive

Law.com reports "Historically, the holiday season may have been a
time for you to take it easy, do the minimum amount of activity
while you focus on what you will achieve for next year ... not
this year". For the full story, see here.

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

The H-1B Book

The pertinent part of the Table of Contents for The H-1B Book is
as follows:

++The Complete H-1B Process: Attorney Flowchart
++The H-1B Process:  Attorney's 10-Step System
++Overview of H-1B Visas


First Step: Interview The Client
++Qualifying the Position as a Specialty Occupation
++Qualifying The Employee
++Meeting Wage Requirements
++Lawyer's H-1B Consultation Questionnaire Form
++Lawyer's H-1B Task Checklist

Second Step: Send The Client Intake Forms And Related Information
++Intakes Summary
++H-1B Employer Intake/Questionnaire Form
++H-1B Worker Intake/Questionnaire Form
++The Complete H-1B Process: Company Flowchart
++The H-1B Process: Company's Step-By-Step Explanation
++Explanation and instructions for spouses and children

Third Step: Credentials: Verify That The Worker Has A US
Bachelor's Degree Or Equivalent
++    Credentials Summary
++If the worker has a U.S. degree - no evaluation is necessary
++If the worker has a foreign degree - order credentials
++If the H-1B petition is based on work experience or combination
- order a work experience evaluation
++List of credentials evaluation firms, web sites and phone

Fourth Step: Determine The Prevailing Wage
++Understanding the Prevailing Wage
++Determining the Prevailing Wage
++O*NET, SOC, Wage Levels, Job Zone and SVP
++SESA or SWA Wage Determination
++FLC Data Center Wage Determination
++Wage Determination Through Other Wage Surveys
++Practice Examples in Determination of the Prevailing Wage</il>

Fifth Step: Prepare And File The Labor Condition Application
++Introduction to the Labor Condition Application (LCA)
++Preparing and filing the Labor Condition Application (LCA)
++Online LCA filing
++Complete Online LCA and Receive LCA Approval Online
++Completing the LCA: Step by Step
++H-1B Dependent Employers Worksheet for the LCA
++ Detailed Description of Form ETA-9035E and its Obligations
++Sample of completed LCA (form ETA-9035E)
++Copy of form ETA9035CP (LCA cover pages)

Sixth Step: Prepare The I-129, Related Forms And Petition Letter
++Form I-129
++H supplement to Form I-129
++Form I-129 H-1B Data Collection Supplement
++Form G-28
++Form I-907 if premium processing is applicable
If the H-1B worker has a spouse and/or children:
++Form I-539
++Form I-539 Supplement 1 (if necessary for other family members)

Seventh Step: Send All The Forms And Petition Letter To The
Client For Review & Signature
++Sample letter to client
++LCA posting notice
++Sample Letter to Employer Regarding Public Access File
++Memorandum to employers on Labor Condition Application
++Public Access File sample

Eighth Step: Assemble The H-1B Petition And Send To The USCIS
Service Center
++General Filing Instructions (including list of service centers
and filing addresses)
++Sample Cover Letter
++H-1B Petition document checklist
++Sample list of exhibits

Ninth Step: Troubleshooting
++Request for Additional Evidence
++Dealing with the dreaded request for evidence
++Sample Response to Request for Additional Evidence
++Second Example of Response to Request for Additional Evidence
++I-9 Compliance, Social Security Numbers and Driver's Licenses
++Changes in H-1B Employment and Amendments
++How Mergers, Acquisitions and other corporate Transactions
Affect the H-1B

Tenth Step: Post-Approval Case Management
++Summary of Post-Approval Issues
++ Sample H-1B Approval Letter to Employees that are in the U.S.
++ Sample H-1B Approval Letter to Company - Employee(s) Abroad
++ Sample H-1B Approval Letter to Employees Abroad
++ Non- Immigrant Visa Consular Processing Information Sheet

++H-1B Degree Equivalency by Mikiel J. Davids
++Reviewing The Path To Permanent Residency by Courtney Black and
Karen Weinstock
++Traveling On An H-1B Visa While Petition  Or Application Is
Pending by Ari J. Sauer
++Dealing With Gaps In Employment by Rajeshri S. Patel and Karen
++Temporary Visa Alternatives To The H-1B by Courtney Black and
Karen Weinstock
++The History And Economic Impact Of The H-1B Visa by Elissa
Taub, Melissa Downing and Karen Weinstock
++When Are H-1B Visas Cap Exempt? by Karen Weinstock

For more information about the book and to order, see here.
For the fax form, see here.

(a) E-Verify: Between A Rock And A Hard Place

F.Krasnogor writes "Once ICE has contacted an employer, the new
constructive knowledge standard opens a Pandora's box of
potential fines and criminal penalties."

(b) Secretary Napolitano Remarks On Immigration Reform: A
Moderate Response

Harry DeMell writes "At this moment the secretary might make a
case for more money to hire more investigators and prosecutors
but there is little to be gained from significant changes in the
law since the law as written has never been effectively

(c) Bloggings On PERM Labor Certification

Joel Stewart writes "The Anti-Fraud Rule in all its ugliness will
be an important topic during the teleconference. Is the rule
prohibiting attorney fees unconstitutionally vague? Overreaching?
Is it legal? If not, why not?"

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

(a) DOL Releases PERM Appeal FAQs

The Department of Labor released frequently asked questions dated
December 1, 2009, clarifying best practices for filing a PERM
appeal request with the National Processing Center.

(b) CRS On Foreign Country Research

The Congressional Research Service released an updated report
providing a selection of authoritative materials for locating
information on foreign countries and international organizations.

(a) Help Wanted: Immigration Professional
Washington, DC - The American Council on International Personnel
seeks a director of agency liaison. Work with ACIP members and
federal immigration agencies to improve immigration
policies/procedures for large multinational employers. Maintain
relationships with policymakers and report on agency activities,
organize and report on liaison meetings, identify emerging global
mobility trends and explore best practices, draf Fed Register
comments and amicus briefs as needed, analyze new policies and
procedures, and communicate changes to members through weekly
email bulletins, website updates, webcasts, and other venues.
Involved in planning ACIP's Annual Symposium in June. Public
speaking and travel required.  Ideal candidate has law degree,
detailed knowledge of business immigration laws + procedures,
understanding of global mobility best practices, experience
filing immigration applications on behalf of large employers,
liaison experience, ability to juggle shifting priorities,
excellent writing skills + ideas for improving immigration
system. Send resume, cover letter, references + writing sample to

(b) J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global
Current, a service of AIESEC U.S., a leader in international
exchange and professional training for over 50 years. Unlike
other visas, the J-1 does not require a lengthy petitioning
process, has few restrictions and can be processed at any time of
year to facilitate the quick and simple implementation of an
Exchange Visitor Program. Global Current has developed a
streamlined sponsorship process supported by J-1 experts that
allows us to maintain an unrivaled 48 hour turnaround time on
complete applications. Global Current provides J-1 Trainee and
Intern programs in a variety of occupational categories including
law, engineering, finance, architecture, graphic design,
marketing and fashion. For more information on eligibility
requirements and a complete list of occupational categories,
visit http://www.globalcurrentexchanges.org
or email Melany Hamner at

(c) Translation Services
Eurasia Translations, Inc. has been proud to serve immigration
attorneys and individuals since 1993 with the translation of
personal documents, academic credentials, criminal clearance
letters, etc. Our customers can rest assured that all of our
translations are prepared in accordance with USCIS requirements
and are accompanied by a notarized certificate of accuracy. For
more information, please call 888-887-1884 or visit our website.
For a free quote, please complete
or fax your document at 818-907-9763.

(d) Website Services
Gain the competitive edge with your new website from INSZoom, the
world's largest immigration software company. Choose from a range
of template websites, complete with customized logos and images,
60-70 pps. of professionally written immigration law content
including news articles, processing dates, and priority times
posted directly on your site. Our search engine optimization
tools will increase your web traffic and prioritize your site in
the major search engines. Our content management tool lets you
update your site in real time. Customized intake sheets let you
integrate your case management software directly into your site.
Biweekly newsletters and email blast tools enable you to stay in
constant touch with current clients and strengthen your potential
client base. Build leads and maintain a professional presence at
a reasonable cost with websites from INSZoom. Learn more online
at http://www.inszoom.com/websites
or contact a sales representative at (925) 244-0600 to start the
process of launching your new website today.
6.  Headlines

(a) A National Priority / Public, If Not Lawmakers, Wants
Immigration Reform

Most Americans still want immigration reform, even if other
concerns like health care reform and the economy have recently
taken center stage.

(b) Fighting Fear with Information in Arizona

Pastors, community activists and immigrant rights groups are
trying to mitigate fears caused by a new Arizona law that forces
state employees to report undocumented immigrants asking for
federal and state benefits.

(c) Perry: Culinary Coercion And Hate Mail, All Thanks To Illegal

But I was absolutely jolted this week by the outpouring of hate
from readers taking exception to our Dec. 1 editorial about the
so-called virtual fence being built along the Mexican border.

(d) In Final Weekend Push, Capuano Says He's 'Within The Margin
Of Error'

"It's about big citizenship," he said. "It's about reform. It's
about new ideas. It's about someone who's not playing the game in
the existing system free of PACs and lobbyists."

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) Immigration Book
The Transatlantic Council on Migration, an initiative of the
Migration Policy Institute and its policy partner, the
Bertelsmann Stiftung, today released a new book, Migration,
Public Opinion and Politics, which analyzes how media coverage,
public opinion and political rhetoric can play an important role
in advancing or impeding immigration policy reforms in Europe and
the United States.

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

(a) Dear Editor:
Among the ID letters which have been attempting to discuss
immigration issues seriously (not including the xenophobic
tirades of Jim Roberts' letters and the anti-American rants of
Robert Yang's letters), my letters' particular shtick (to use a
term not found in the INA) is the racial aspect of immigration.
Other letters, such as those of David D. Murray, emphasize the
important goals of upholding respect for the law and reforming
the immigration laws. But perhaps all of us need to pay more
attention to the 800 lb. gorilla in the room, namely the
deteriorating economy and competition for jobs. According to some
economists, job losses may become much more devastating in the
near future, as the burdens of our insolvent federal and state
governments and increasingly worthless dollar drag down the
economy even further. Therefore, it is not surprising that the
Obama administration is trying to get as many as possible illegal
foreign workers, as well as legal but temporary ones, fired or
deprived of the opportunity to work, in the vain hope that this
will create more jobs for US workers. But unless and until there
is a serious attempt to put the economy on a sound footing,
something that neither of the two major parties seems to be
taking seriously, squandering billions of dollars trying to get
foreign citizen workers fired and deported, while destroying
their purchasing power and ability to pay taxes, is like putting
band aids on someone who has been blown apart by a land mine. It
may be a long time before the Obama administration, as well as
state and local officials, are ready to admit that their
"enforcement only" mania is more about pandering to anti-
immigrant prejudice and scapegoating than it is about creating
American jobs.
Roger Algase, Esq. New York, NY

(b) Dear Editor:
I am proponent of amending the Constitution to prevent children
of those unlawfully present in the US from automatic citizenship.
Based on the view of pro-lifers, a fetus is a human life from the
day of conception, or shortly thereafter, which should be given
rights and protected under the law. If they have rights, then
they should have responsibilities, like being subject to the laws
of the jurisdiction. But I wonder - when the fetus travels from a
foreign country to the US in the mother's womb, having been
conceived in a foreign jurisdiction and mama enters the US
illegally, does the fetus also make an illegal entry? If so, the
fetus would be ineligible to adjust status to permanent
residence. However, if after making the uninspected entry, birth
occurred on US soil, the fetus' immigration status now
automatically elevates to US citizen. Ironic isn't it; a fetus
ineligible to adjust, automatically becomes a citizen at time of
birth. Did the founding fathers consider this? Next scenario: An
illegal mother comes to the US and becomes pregnant by a US
citizen father. Is the fetus a US citizen at time of conception,
or at time of birth? What if, in the third trimester, mama
returns to her home country to give birth? Is the child a US
citizen because it was conceived on US soil as a "natural born
citizen"? Again, that ugly word, "born" - I guess not. We must
rely on the Child Citizenship Act of 2000 to determine
citizenship eligibility. Same scenario, but with an illegal alien
father. Any right to US citizenship? Of course not - not in
either instance. Buy why not? Is it not a life at the time of
conception? Perhaps the pro-lifers would like to argue that case.
But wait, aren't they immigration restrictionists?
David D. Murray, Esq.

(c) Dear Editor:
Im not sure how to take Jim Roberts' letter's book
recommendations (12/07/09 ID), but my response is "Mirrors".
Eduardo Galeano. It was never the the intent of the 14th
Amendment  to deny citizenship to children in mixed status
families, or to children born on US Soil. Ever so eager to spend
my money on socially conservative and fiscally irresponsible
initiatives, Restrictionists would  have us create an even larger
goverment bureacracy to alter the way our citizenship is
verified. The burden on the State Department and the tax payer
would be huge. Back to my discussion of "mixed-status" families
the unanswered question is how does it enhance society to break
these families up and have children who are US Citizens raised
outside the country? I cannot imagine that situation fosters
allegiance. As for the "fabric of our nation" its a multi-colored
quilt it always  has been, human migration is a function of
mother nature and like other emergent situations should be dealt
with in a way that treats people humanely.
Sergi Sheplov

(d) Dear Editor:
Disparity treatments on immigrants from various backgrounds are
justified, does it mean we're perfectly fine with apartheid and
discriminatory system then? Why Chinese and other nationals
fleeing political persecution their communist or oppressive
governments should apply political asylum based on their
individual merits and circumstances but we give automatic
greencards to all Cubans fleeing Fidel's regime that can step on
US soil by their own feet ? Where's the fairness and common sense
here ? The religions should be out of all schools and
universities, laws of any nations for common sense reasons that
we can't allow and afford divisive, subjective truth and
interpretations, sexist, discriminatory and sometime backward
dogmas rule any societies with apartheid, barbaric laws and
policies. Many people of faiths are facing huge confusion
regarding illegal immigration. Do we really have rights and
authority under God to restrict our fellow human beings to sell
and trade their labor for better wages and compensation on this
planet just because we don't like them to compete with us ? or to
pursue liberty, happiness and prosperity ? How dare we ban gay
marriage but stay silently on other sins and immoralities
starting with divorces first. Some people of faith are genuine to
show compassion and treat others like they expect others treating
them, but sadly there are others who try to cherry pick whatever
religious dogmas that fit to justify their selfish attitudes and
hypocrisy toward their neighbors.
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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