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

August 21, 2009


1.  Comment: 130 At The White House
2.  Focus: The Best Indexed Statute And Regs
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: Indra Krishnamurthy Nooyi of India
    by Kevin R. Johnson
4.  News:
    (a) DOJ Immigration Litigation Bulletin: April 2008
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) J-1 Visa Program
    (c) Case Management Technology
6.  Headlines:
    (a) ACLU Sues Arizona Sheriff For Immigration Detentions
    (b) ICE: Teams Will Arrest Non-fugitive Immigrants
    (c) Immigration Check Tied To Business Licenses
    (d) Allison Quits Bucs Over Immigration Issue
7.  ComingsNGoings:
    (a) Immigration Event - Washington, DC
8.  Letters From:
    (a) Jennifer L. Nissen, Esq.
    (b) Roger Algase, Esq.
    (c) David D. Murray, Esq.
    (d) E.S.F.


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130 At The White House

At the invitation of the Obama administration, 130
representatives of law enforcement, business, labor, religious
and advocacy groups were at the White House today. The meeting
was addressed by DHS Secretary Napolitano (the full list of
invitees and government representatives can be seen here).
Notably absent were the rightwing Republican racist rabble
rousers (sorry, we could not resist the alliteration).

In the long view of history, immigration reform will likely be a
more profound political milestone than health care reform, so if
those in charge in the Obama administration deftly handle the
immigration issue in the weeks and months to come, they should
expect political manna for their side. The immigration community
continues to await the beginning of markups, while realizing that
a swift legislative process may require a short delay before the
start. Majority Leader Reid has had a good record so far in the
111th Congress, and given the small but important support for
immigration reform among Senate Republicans, we wish Mr. Reid
well. Speaker Pelosi and her team, always efficient in floor
votes, pulled off a brilliant bit of whipping over the climate
change bill, a feat which we will await the duplication of during
the immigration vote. In the immigration community, patience is
beginning to wear thin, CIR cannot come too soon, and it appears
that the White House is listening - 130 folks don't get invited
over just for coffee.

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

The Best Indexed Statute And Regs

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(a) Bloggings On Updates In Immigration Law

Carl Shusterman writes "Since the USCIS is once again redesigning
it's website, we wish to make a few suggestions."

(b) Bloggings On Nurse And Allied Health Immigration

Christopher T. Musillo writes "The recent economic downturn
greatly has impacted H-1 filings."

(c) Immigrant Of The Day: Indra Krishnamurthy Nooyi of India

Kevin R. Johnson writes "Forbes magazine ranks Nooyi as number 5
on the 2007 list of The World's 100 Most Powerful Women."

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

(a) DOJ Immigration Litigation Bulletin: April 2008

The Department of Justice Office of Immigration Litigation
released the April 2008 issue of its publication, Immigration
Litigation Bulletin.

(a) Help Wanted: Immigration Paralegal
Washington, DC - Fragomen, Del Rey, Bernsen & Loewy
seeks an experienced Paralegal for its D.C. office. This is a
career position requiring a wide range of skills in a fast-paced
setting for the right candidate. Our ideal candidates have 2+
years experience with all aspects of business immigration,
including H-1B and L-1 visas, PERM, Immigrant Visa Petitions, and
Applications to Adjust Status. The Paralegal will have the
opportunity to manage caseloads with a large degree of
independence; communicate with clients regarding procedural and
case processing issues; update and maintain client status
reports; prepare bills; and serve as a team resource. Very
competitive salary and benefits for the right candidate. Please
email your cover letter, resume, and writing sample (Word or
Adobe formats only) to Robert F. McCafferty, Human
Resources/Office Manager, at mailto:rmccafferty@fragomen.com. Or
fax same to 202-371-2898. EOE.

(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) Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom
has a 99% customer retention rate. Use our forms with peace of
mind - 800+ updated within 24 hours of any new release, no
patches or downloads. E-File 20+ forms. Access your firm's online
database anywhere you have internet access. Client relationship
management tools, practice management tools, group calendaring,
emails, notes, reports, invoices, auto email alerts and
reminders, document storage and assembly. A library of
customizable questionnaires, letters and email templates
included. Online access for clients to check case status
included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
services: credit card processing, Outlook & QuickBooks
integration. One-time data entry and auto population into all
documents will save you time and reduce errors. Customizable to
support solo practitioners, mid-large law firms & corporations.
We teach you how to customize the software to fit your processes
and communication needs. Founded in 1999, INSZoom is a
profitable, financially sound company, employing 100+ engineers,
sales, and support staff. INSZoom is ISO 27001:2005 certified and
the "world's largest immigration software company", built with
flexible modules that allow you to manage and control technology.
To schedule a complimentary online demo, call 925-244-0600 or
email mailto:info@inszoom.com.
6.  Headlines

(a) ACLU Sues Arizona Sheriff For Immigration Detentions

The American Civil Liberties Union is accusing Maricopa County
Sheriff Joe Arpaio and his deputies of violating the constitution
by arresting two men near a workplace immigration raid.

(b) ICE: Teams Will Arrest Non-fugitive Immigrants

The chief of U.S. Immigration and Customs Enforcement says agents
searching for people who ignore deportation orders will continue
to arrest others in the country illegally who happen to be around
when they show up.

(c) Immigration Check Tied To Business Licenses

Gwinnett County is contacting more than 26,000 local businesses
asking for compliance with a new state immigration law.

(d) Allison Quits Bucs Over Immigration Issue

Dave Allison's attempt to move from professional to amateur
hockey has been derailed by immigration issues, leaving the Des
Moines Buccaneers scrambling for a new coach two weeks before
training camp is to open.

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
The World Bank and French Development Agency are pleased to
present the Second International Conference on Migration and
Development. For more info see here

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

(a) Dear Editor:
I just read the article "H-1B Employers: Have Your H-1B Public
Access File Ready for the USCIS Audit," by Mira Mdivani (08/20/09
ID).  There are several incorrect statements in the article.  The
most blatant error is where the article states, "Proper H-1B
process includes preparing an H-1B Public Access File as soon as
the H-1B is approved"  The Public Access File is required by law
to be available within one day of filing the Labor Condition
Application with the DOL, which is well before the H-1B petition
will be approved.
Jennifer L. Nissen, Esq.                 Milwaukee, WI

(b) Dear Editor:
I agree with ID's comment (08/20/09 ID), discussing a 7th circuit
decision, in which ID argues that the entire labor certification
system is based on an abuse of power by the DOL. The same is true
of many other agency actions affecting immigration. One example,
which other letters of mine have mentioned, is the absurdly
restrictive interpretation that the USCIS has given to the simple
word "at" which Congress used when it exempted people working
"at" institutions of higher education, etc. from the H-1B cap.
USCIS must have been inspired more by former President Bill
Clinton's exegesis of the word "is" than by any authority it
could possibly have received form Congress to rewrite a statute.
One another note, President Obama's ramping up of immigration
inspections and other enforcement, while backpedalling on
immigration reform, may mean more than simply continuing a policy
of pandering to prejudice that he inherited from the Bush
administration. It could be something even worse, namely a new
policy based on a belief that saving American jobs means firing
or refusing to hire as many non-US citizens, legal and illegal,
as possible. What company in its right mind is going to sponsor a
non-citizen for a work visa or green card if this means that it
will be investigated by ICE, under a "bold new initiative" that
could have come straight out of Orwell or Kafka? Better leave the
bigots in charge of immigration than the doctrinaire left-wing
"US job protecting" ideologues, who seem to care more about
throwing immigrants out of work than using their skills, work
ethic and consumer purchasing power to revive our economy.
Roger Algase, Esq.                 New York, NY

(c) Dear Editor:
I agree with DMM's letter (08/20/2009 ID) that, "The United
States as a nation and Americans collectively, owe nothing to
citizens of other countries, especially when those latter are
here obviously in violation of our laws." I agree with DMM's
letter's disagreement with Ruth Stadnik's letter (08/18/2009 ID)
decrying the H-1B visa program as being "discriminatory." It is
not invidiously discriminatory and if discriminatory on the basis
of education and occupation, it is neither morally nor legally
reprehensible. No question on the I-129 form or in any H-1B
Regulation requires disclosure of the applicant's skin color,
nationality, ethnicity, religion, sexual orientation or gender.
There are many educated and qualified dark skinned people in the
world who can and do qualify for H-1B, so to argue discrimination
is nonsense. It reminds me of an Afro-American client of mine who
received a parking ticket on her old van, while the Cadillac
parked next to her did not. She told me only she got the ticket
because the police officer must have suspected the van belonged
to a black person and the Cadillac to a white. She never imagined
that perhaps the Cadillac was not there when the officer issued
her ticket, but chose race as the card to play. As to Ms.
Stadnik's letter's suggestion of raising the quota for Mexicans,
that would be discriminatory. It just goes to show that, like
beauty, discrimination, very often, is in the eye of the
beholder. And, semantics rearing its ugly head once more, Ms.
Stadnick's letter is incorrect that the old 7-year law led to
"citizenship". It led to permanent residence, not citizenship,
once again reminding us the importance of the semantics of
David D. Murray, Esq.                 Newport Beach, CA

(d) Dear Editor:
DMM's letter (08/20/09 ID) says that it is natural for Americans
to prefer immigrants who resemble them and therefore there must
be "effective brakes" on immigration. What America really needs
is effective brakes on hatred and discrimination against those
who do not resemble the white majority. We are now seeing many of
these effective brakes being removed as a result of President
Obama's cowardly attempts to curry favor with white supremacists
by opting in favor of a cruel, senseless and vindictive
"enforcement only" policy, while postponing any move toward
making visas more available to people who are trying to follow
the law and would have much to contribute to this country, even
if their skin color might not be light enough to please the
bigoted and intolerant among us.
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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