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

October 23, 2009


1.  Comment: Census Question
2.  Focus: The H-1B Book
3.  Articles:
    (a) Bloggings on Updates in Immigration Law by Carl
    (b) Bloggings On Nurse And Allied Health Immigration by
    Christopher T. Musillo
    (c) Immigrant Of The Day: Maria Lopez of Cuba by Kevin R.
4.  News:
    (a) DOJ Immigration Litigation Bulletin: March 2009
5.  Classifieds:
    (a) Translation Services
    (b) Help Wanted - Immigration Attorneys
    (c) Credential Evaluation And Translation
    (d) Forensic Psychology Services
6.  Headlines:
    (a) Hispanic Paper Attacks CNN Presenter
    (b) The Department of Homeland Security's New Budget Affects
    Immigration Policy
    (c) US Weighs Immigration Fee Hike
    (d) Legal Scholars Dissect SF Sanctuary Policy
7.  ComingsNGoings:
    (a) Immigration Event - Washington, DC
8.  Letters From:
    (a) Lynne R. Newkofsky, Esq.
    (b) Roger Algase. Esq.
    (c) Honza Prchal, Esq.
    (d) David D. Murray, Esq.
    (e) Name Withheld
    (f) Camelanikki
    (g) John F.
    (h) RCH
    (i) Jim Roberts
    (j) Robert Yang


Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
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Census Question

San Antonio Express-News
reports on a Congressional battle over inclusion of questions
about citizenship and immigration status in 2010 census. "The
amendment by Sen. David Vitter, R-La., would freeze the Census
Bureau's budget if more than 425 million forms aren't changed
before the 2010 decennial count. Rep. Charlie Gonzalez, head of
the Congressional Hispanic Caucus task force on civil rights,
said Vitter was trying to politicize the census over the hot-
button issue of unauthorized immigration."

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

++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

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

++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) Bloggings on Updates in Immigration Law

Carl Shusterman writes "The new law will provide immigration
benefits to "survivors" in various types of immigration cases
where either the petitioner or the principal beneficiary dies
before the other family members are able to become permanent

(b) Bloggings On Nurse And Allied Health Immigration

Christopher T. Musillo writes "The big question is how Congress
will remedy its immigration policy for healthcare workers."

(c) Immigrant Of The Day: Maria Lopez of Cuba

Kevin R. Johnson writes "Maria Lopez is a former Massachusetts
state court judge and currently a television jurist on the
syndicated television show "Judge Maria Lopez.""

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

(a) DOJ Immigration Litigation Bulletin: March 2009

The Department of Justice Office of Immigration Litigation
released the March 2009 issue of its publication, Immigration
Litigation Bulletin.

(a) Translation Services
Certified translations by Legal Language Services in 157
have helped immigration attorneys throughout the United States
for more than 25 years. Legal Language translates birth and
marriage certificates, academic degrees, health records,
employment information and other documents needed for immigration
proceedings. Legal Language meets all USCIS translation
requirements. Legal Language also offers consecutive and
simultaneous interpreting, as well as certified transcription, in
support of immigration proceedings. Rush service, including same-
day service, is available for a slight additional fee. For a free
consultation or for more info: call 1-800-788-0450 or email
mailto:immigration@legallanguage.com or visit us at
In addition, Legal Language seeks experienced immigration
attorneys to contribute to our blog and respond to questions from
visitors to our site. Contact us
mailto:immigration@legallanguage.com to discuss further.

(b) Help Wanted - Immigration Attorneys
Owings Mills, MD - The Murthy Law Firm seeks attorneys with 3+
years of experience in business immigration law. Our practice is
dynamic and fast-paced with high standards of integrity, work
ethic, and quality. Successful candidates will have the ability
to work both as members of a team and as team leaders. They will
bring in-depth understanding and knowledge of the breadth of
immigration procedures, and are expected to supervise paralegals
and support staff. Good writing and analytical skills are
required. They will join more than a dozen high-caliber
colleagues and have quality support in the way of legal and
administrative staff, as well as technology. Visit
for details regarding the unique benefits of working at the
Murthy Law Firm. Send Resume + cover letter to
mailto:hr@murthy.com. All communication will be treated in
confidence. Salary and benefits are commensurate with experience
and abilities. Final interviews of candidates are at our office a
few minutes from downtown Baltimore, MD. EOE.

(c) Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and
translations, American Evaluation and Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $50
educational evaluations, as well as $200 '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, please contact AETS at (786) 276-8190, visit
http://www.aetsinternational.com, or email:

(d) Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160.
The Forensic Psychology Group provides nationwide expert witness
services in all areas of immigration law. It is led by Stephen
Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
psychologists and attorneys, and also AILA members. The Group's
experts - all licensed psychologists or psychiatrists - have
extensive experience in working collaboratively with immigration
lawyers on a wide range of forensic psychological issues. We
offer nationwide service in the following areas: psychological
consultation, psychodiagnostic evaluation, psychological reports,
expert witness services, courtroom testimony, political asylum
evaluation, extreme and exceptional hardship evaluations, spousal
abuse, citizenship waivers. Dr. Stephen Reich, the Group's
founder and director, is a nationally known forensic psychologist
who holds a BA, JD, and MBA from Columbia University, and an MA
and PhD in Clinical Psychology from Fordham University. He has
been on the faculty of Weill Cornell Medical College and on the
Attending Staff of New York Presbyterian Hospital for 30+ years.
Visit The Forensic Psychology Group.
The right experts make a real difference.
6.  Headlines

(a) Hispanic Paper Attacks CNN Presenter

The largest Spanish-language newspaper in the US, the Los
Angeles-based La Opinion, has launched a broadside against the
CNN journalist Lou Dobbs, accusing him of retailing anti-
immigrant opinions that are based on falsehoods.

(b) The Department of Homeland Security's New Budget Affects
Immigration Policy

FSRN speaks with Grisella Martinez. She's the legislative
director at the National Immigration Forum, an advocacy group
based in Washington D.C.

(c) US Weighs Immigration Fee Hike

The United States could raise the price of immigration-related
fees as it battles a budget shortfall spurred by the global
financial meltdown, a senior official said Wednesday.

(d) Legal Scholars Dissect SF Sanctuary Policy

But at the heart of issue is a legitimate, lively and long-
standing debate on whether local governments have the statutory
authority to affect immigration laws.

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 Event - Washington, DC
October 28 - Migration Policy Institute presents "Talent,
Competitiveness, and Migration" - a book  release and discussion.
For more info and to rsvp see

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

(a) Dear Editor:
The end of the widow penalty (10/22/09 ID Comment) marks an
historic victory and abolishes the terrible practice of
compounding one tragedy on top of another - the death of the U.S.
citizen spouse and the subsequent deportation of the surviving
spouse.  Brent Renison has been at the helm of this advocacy and
his tireless efforts should be acknowledged and applauded as a
champion for doing what is right and perservering.  Brent has
worked zealously for years on this cause, including appearing on
60 Minutes and going to Washington to lobby to end this
antiquated and unfair punishment.   As an immigration attorney
member of SSAD (Surviving Spouses Against Deportation), I have
witnessed first-hand the tremendous anguish and now guarded
optimism on the part of the surviving spouses - who now have a
vehicle to remain in the United States with their U.S. citizen
children and the children's grandparents.  Bravo, for a job
selflessly and very well done. Justice has finally prevailed.
Lynne R. Newkofsky, Esq.                   New York, NY

(b) Dear Editor:
With regard to R. Heuman's letter (10/22/09 ID), the rambling,
convoluted article by J.R. Edwards attempting to use the Bible as
justification for restrictionista immigration policies, as
described in my (10/22/09 ID) letter (responding to Jim Roberts'
(10/21/09 ID) letter), appeared in a publication of one of the
hate supporting organizations mentioned in the Heuman letter,
namely Center for Immigration Studies. However, I am not sure it
would be a good idea to censor the hate mongers, as Mr. Neuman's
letter suggests should be done. Who would be left for immigration
supporters to debate with? Name Withheld's letter (10/22/ID)
reminds us that hate has terrible human consequences. Only laws
and procedures inspired by the wish to appease anti-immigrant
bigots could require the wife of a US Citizen and mother of two
lawful permanent resident children to wait for 14 months in
Mexico while a US consulate decides her fate, without any
assurance that her waiver application will be granted.
Immigration policy today is based, not on the real world human
consequences of pernicious US government licenses to persecute
with Orwellian names like "287(g)" and "E-Vilify" (my spelling),
but on the most cynical political Realpolitik of coldly
calculating how many Latino votes can be given up in order to
hold on to how many anti-immigrant white votes. Welcome to the
Brave New Restrictionista World of Barack Obama, who promised not
to scapegoat immigrants just around the time that Name Withheld's
wife filed for her still unresolved  waiver, and of DHS Secretary
Janet Napolitano, who as Arizona governor was to immigration what
former Alabama governor George Wallace was to civil rights, and
is showing no sign of changing her spots.
Roger Algase. Esq.                 New York, NY

(c) Dear Editor:
Pace Mr. Murray's letter (10/21/09 ID), but in some states
Americans will indeed do backbreaking work for $9.00 per hour,
but in states where those Americans work on the books and taxes
are as confiscatory as they are in New York or California, they
do not. Hence Mr. Murray's shocking experience with  "red blooded
Americans" in a Maine eatery (where I presume blue-green blooded
crustaceans no less American were being served). Milton Friedman
reluctantly came out against illegal immigration after deeming it
incompatible with the welfare state we are (by his lights) stuck
with. I suggest that just as some other economists viewed
corruption as a necessary evil insofar as it allowed economically
beneficial behavior that was otherwise proscribed in over-
regulated economies, so do illegal immigrants (or Americans
working off the books) make the job markets of otherwise failing
states like California (a far cry from the confident growing
California of my youth), Michigan or New York continue to wheeze
along instead of seizing and failing entirely. Better by far to
craft an immigration system that eliminates the helot status of
illegal immigrants without drawing in more. Some kind of
effective enforcement mechanism needs to balance any moves
towards mercy for those here deemed useful along with serious
streamlining and rationalization of procedures for future
immigrants. A just, efficient and clear system would go a long
way towards removing incentives to cross illegally, especially if
it privileges likely high performers. I weep to say that I have
not seen one proposed lately.
Honza Prchal, Esq.                 Birmingham, AL

(d) Dear Editor:
Peter G.'s letter (10/21/2009 ID) makes a very good point in
questioning what will happen with those given amnesty - will they
be able to petition their relatives? If Comprehensive Immigration
Reform (CIR - buzzword for Amnesty) is to work, with the benefits
must come restrictions. In 1986, Amnesty beneficiaries were
treated the same as everyone else. They should not have been,
because the onslaught of Relative Petitions buried our already
overburdened immigration procedural system. While CIR seems the
only way to resolve the out out-of control underground contingent
of undocumented, it must be carefully thought out. That won't
happen. But here is what to think about: (1) No benefits
conferred on any relative, ever, not even after receiving US
citizenship; (2) The sole qualifying factor is to show they have
paid the taxes, thereby establishing employment for at least one
year; (4) Pass a Criminal Background Check; (3) Handle CIR
candidates in a separate system that will not once again
overburden USCIS adjudications, physically or financially; (5)
Make it available to legal nonimmigrants; and (6) Make it simple.
But the last Amnesty was too complicated. CIR's proposals so far
have made it even more complicated. This should not be allowed to
happen. It should be based on good things they have done, i.e.
worked for at least one year and paid taxes; this would give them
three points. Of course, that leaves out many illegals. What to
do with them? Give the ones physically present in the US on a
specific date a non-immigrant employment visa and make them work
and pay taxes for three years to earn three points toward
permanent residence. Make the documentation simple. Now, isn't
that simple? Now, let's see how the government can muck it up
with their bureaucracy.
David D. Murray, Esq.                 Newport Beach, CA

(e) Dear Editor:
My husband and brother are both small business owners who
actively hire Mexican workers. There are very specific reasons
for this, but mainly it is because they want to work.  When we go
to the labor pool looking for workers, the Americans want to
know, what will they be doing and for how long and how much will
it pay and... then they have to think about it.  You ask a
Mexican if he wants to work and he says "si".  There is no debate
about hours or wages or the job and what they will or won't do.
Unfortunately because of this many of these workers can be taken
advantage of.  Something we are careful not to do and now we have
a reputation of being a good employer and people come to us
looking for work.  These guys aren't stealing work, they are just
willing to do the work Americans won't do.  They also work hard
and work longer than anyone I have seen and do so without
complaint. They want to make money to send it home, and
eventually to go home, to live their lives there.  But over the
last few years knowing they can't cross the border, they bring
their families here.  We have created this immigration problem by
thinking that the use of force is the solution. Force is never a
solution and maybe if we were all better neighbors, not just
country to country, but also individual to individual, and
display a little more tolerance, we would not have these
problems.  I am an American just out of luck, I was born on the
right side of the border.  And the same applies to most
Americans, in that we have not had to do anything to earn the
rights associated with being American.
Name Withheld

(f) Dear Editor:
It gives me great pleasure to be able to write this letter,
however the situation is not a happy one, there are a lot of
children in this country that listed as derivative beneficiary on
their parents application for permanent residence, and after
these children waited so long with their parents to obtain their
GC, and go through the whole application process, and paying all
the required fees including the 245i 1000 penalty fee, are being
denied, and the wicked part of this is immigration are not
following the retention rule by allowing the parents to file a
new application and retain the old priority date, instead they
are treating these children like criminals, and leaving them out
in the cold. This must be address and these children must be able
to retain their priority date and receive their green card.

(g) Dear Editor:
As always, David Murray's letter's comments (10/21/09 ID) are
well taken. Thanks for the offer, but I had the "pleasure" of
spending my first 5 years with the Border Patrol in El Centro,
CA, and about 22 more years with the Patrol in Vermont and Maine.
No one can be sure that a person is here illegally without
talking to them, but after enough years dealing with the problem
you do develop a "feel" for such things. Yes, there are jobs that
Americans don't want to do, but illegal labor could be reduced if
conditions and pay were better. It might cost a few pennies more
for produce, but I believe a majority of Americans would pay it
to see the immigration laws enforced. Also, many agricultural
jobs might be mechanized if there wasn't such a pool of illegal
labor. Personally, I'd have no problem with giving credit to
aliens who worked here as non-immigrants, as long as they were
well screened. As we should have learned, from the 1986 amnesty,
the fraud rate in such programs is very high. I also believe
that, like it or not, there'll be some form of legalization
(limited, I hope) if we have any chance of real immigration
"reform". Before we decide to do it, though, we have secure our
borders and make sure that employer sanctions are enforced.
John F.                 Baileyville, ME

(h) Dear Editor:
I sympathize with the frustration in Linda Cogill's letters
(10/21/09 ID) over the antiquated laws, cumbersome procedures and
infuriating delays that made her wait so long for her green card
and are making her wait another five years to apply to become a
US citizen. But bashing illegals will only make her situation
worse. Her flawed assumption is that if there is less focus on
trying to deal with illegal immigration, there will be more
resources available to try to make legal immigration work better
for people like herself who are trying to follow the law. The
problem with this Pollyanna way of thinking is that it assumes
that the people who are shouting the loudest for a crackdown on
illegals are interested in helping people immigrate legally. But,
with a very few commendable exceptions, the people who are
calling for vigorous enforcement of the laws against illegals are
also against making it easier for legal immigrants. Just read Jim
Roberts' letters, check out the FAIR or Center for Immigration
Studies websites or turn on Lou Dobbs. Legal and illegal
immigration are two sides of the same coin. By giving aid and
comfort to those who despise people who are unable to obtain
legal visas, her letters are hurting the cause of people who,
like herself, have had to wait so long to become legal
immigrants. The same people who want to kick out Jorge Gonzales
(a made-up name), who came in illegally from Mexico yesterday,
would be just as happy to send legal immigrants back to their
native country tomorrow (unless they happens to be white, of

(i) Dear Editor:
In the Article and Letters of (10/22/09 ID), if there is
confusion, it is with the R. Algase letter and not the JRE
article which plainly states that the broad purpose of the well
reasoned study is to "examine the immigration issue from the
perspective of biblical Christianity" and not to find "authority
in the Bible for opposing amnesty" or claiming "to be putting God
in charge of our immigration policy". Also, enforcing entry laws
is not because of "dealing shrewdly"--It's about those who break
them. But now that the RA letter is a Bible enthusiast, Isaiah 5
tells us about limiting populations and more. It is
restrictionist for the R. Heuman letter to urge ID not to run
other valid views on entry as these things affect all of US. It
is entry that should be restricted, not free speech, contrary to
the erroneous conclusions of B. Akers's article (b) "Yearning To
Breathe Free: The Constitution Is Clear On Immigration" where it
is clear from Article 1, Sec. 9 that government can regulate
entry as "shall think proper to admit". Libertarians are
idealists who take Freedom to impractical extremes which
infringes on other's rights. To allow SPLC to identify "hate"
groups is like the radical Brown Beret calling the patriot
Minutemen terrorists. One has to wonder if the R. Yang letter has
the same policies it urges for US regarding sharing his residence
out of "love" and advocating free entry for all and why would
there be walls, fences or lot boundaries? These and the letter's
ideas on trade are globalist in nature which enrich profiteers,
enslaves workers and impoverishes nations. We need more real
Americans as Theodore Roosevelt said in his classic 1915 speech
[Google to read] "Hyphenated Americanism".
Jim Roberts

(j) Dear Editor:
Regarding Jim Roberts letter (10/21/09 ID) Chinese Exclusion Act
and likewise apartheid laws were enacted nothing but to satisfy
selfish , shameless and racist descendants of immigrants who
think they're as the true owners of the land and they didn't want
and have to compete with others just because their "birth right"
in America. California, New Mexico and other parts of USA were
indeed the lands of the true native brown skin people of America
not of descendants of white illegal Caucasian trespassers from
Europe whom annexed and stole their lands and properties. I
apologize if I offend anybody, but this is the fact of our dark
past history. It's absurd, outrageous and ridiculous. And today,
the Chinese and other foreigners don't have to set foot on US
soil to compete with Americans. Businesses move to those
countries bring American jobs to them instead. What we can do as
Americans then? Empower ourselves, equip ourselves with better
skills, education and plus values instead whining and cursing on
our competitors and become ranting xenophobes here, and blaming
all of our problems on others except looking at the mirror first.
Consumers love cheaper products and services and more will
welcome competition and choices and there are nothing wrong for
any businesses trying to cut costs and pass the savings to their
loyal consumers. If businesses are greedy for more profits by
exploiting cheaper labor, what about consumers who buy their
products and get the savings too? The hypocrisy of xenophobes
here is unbelievable, I have suggestion for all of  them, stop
buying imports, buying fresh foods or groceries and eating out on
restaurants if they  hate foreigners who "steal" their jobs. Do
what you preach buy made in USA consistently and be happy to pay
extra price without any complaint to support our fellow
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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