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

July 10, 2009


1.* Comment: Abolish Immigration Fees
2.* Focus: Immigration Compliance Book Only $99
3.* Articles:
*** (a) Bloggings On Nurse and Allied Health Immigration by
*** Christopher T. Musillo
*** (b) Bloggings on Updates in Immigration Law by Carl
*** Shusterman
*** (c) Immigrants Of The Day: Ali Akbar Khan of India, Maria
*** Martinez of El Salvador, and Daniel Guadron of Guatemala by
*** Kevin R. Johnson
4.* News:
*** (a) DHS Announces Former DOS Employee Sentenced For Illegally
*** Accessing Passport Files
5.* Classifieds:
*** (a) Help Wanted: Immigration Attorney
*** (b) Help Wanted: Immigration Paralegal
*** (c) Forensic Psychology Services
6.* Headlines:
*** (a) Senators, Officials Back E-Verify Mandate
*** (b) Indiana Wants More Identification To Get State ID
*** (c) Krispy Kreme Caught Hiring Illegal Aliens
*** (d) Are Cops Racially Profiling Because of a New Immigration
*** Program? ICE Responds
7.* ComingsNGoings:
*** (a) Immigration Event - Washington, DC
8.* Letters From:
*** (a) Chetan P. Tanna, Esq.
*** (b) Roger Algase, Esq.
*** (c) Robert Yang


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Abolish Immigration Fees

Fees to process immigration petitions have reached gouging
proportions, and many families and small businesses are unable to
file for benefits to which they are entitled under the
immigration laws because of high fees. While the government makes
exceptions for a few cases of hardship, we oppose the very idea
of charging processing fees for immigration benefits, here's why.
We believe that one can hold either that immigration is good for
America or that its bad. If its bad, then we should end it, and
if its good, we should encourage it by every means available.
Either way, charging fees for benefits is a bad idea - since fees
appear to the lay public as a tax that fosters the impression
that immigration is a sin and needs to be taxed, like cigarettes
or alcohol. Immigration is as American as apple pie, and the idea
of immigration to America has historically been "the huddled
masses" not the elite who can afford to pay high fees. In that
sense, immigration fees are un-American.

Of course, there are many who would disagree with us and argue
for the ideas that (1) a fee-supported agency would be more
responsive to its customers and (2) a fee-supported agency would
be faster and more efficient. We believe that these views are
mistaken. In the first place, USCIS and other government agencies
dealing with aliens have been about as unresponsive as government
agencies can be in the US, few US agencies are as hostile to
their customers as those that deal with aliens. If these agencies
had to annually beg for appropriations from Congress, they would
be much more sensitive to what Congress is hearing from
constituents, including aliens and their sponsors. As to speed,
we believe that American petitioners are entitled to fast and
efficient service from all government agencies, including those
dealing with immigration matters. What really happens when once
fees are permitted is that an institutionalized inefficiency sets
in, and the agency resorts to a shake down for doing what should
be its everyday business. That's what "Premium Processing Fees"
are - extortion by a monopoly accountable to no one, least of all
to Congress. And the consequence for those outside of the favored
"Premium Processing" areas is that their adjudications take even
longer, since inordinate resources are diverted to Premium
Processing units from other parts of the agency.

If Congress should choose to fine the undocumented as a pre-
requisite for legalization, that is just and proper. However, we
urge Congress to use the upcoming immigration debate to take a
long, hard look at fees, and at the very least, partially make
the adjudicators at USCIS the beneficiaries of its annual
appropriations bills.

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

Immigration Compliance Book Only $99

ILW.COM is pleased to feature The Employer's Immigration
Compliance Desk Reference by Gregory H. Siskind, co-published by
ILW.COM and the Society for Human Resources Management (SHRM).
The book features:
++Part I: Complying With Immigration Laws: Form I-9 General
Concepts; Completing the I-9 Form; Reverification; Recordkeeping;
Electronic I-9 Systems; Knowledge of Unlawful Immigration Status;
Unfair Immigration Practices; Penalties and Other Risks; IRCA
Compliance Tips; Conducting an I-9 Self-Audit; E-Verify, IMAGE,
and SSNVS; Social Security No-Match Letters; Mergers and
Acquisitions; State Employer Immigration Laws - Arizona,
Arkansas, Colorado, Georgia, Idaho, Illinois, Iowa,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia,
West Virginia
++Part II: An Overview of the U.S. Immigration System:
Nonimmigrant Visas, Immigrant Visas (the "Green Card"), Asylees
and Refugees
++Appendices: Notable ICE Worksite Enforcement Operations in
2006-2008, M-274, Handbook for Employers, Electronic I-9 and E-
Verify Vendors

For more info on this book, see here (
fax version, see here).
This low-priced book is selling fast, order your copy today!

(a) Bloggings On Nurse and Allied Health Immigration

Christopher T. Musillo writes "Back in the spring, the USCIS
routinely was denying PT and OT H-1B cases in instances in which
the PT /OT did not hold a Masters Degree. This was wrong."

(b) Bloggings on Updates in Immigration Law

Carl Shusterman writes "Now that the Obama Administration has
decided to zero in on employers with massive numbers of I-9
audits (652 in one day!), let me provide you with a few tips
which I've gleaned from assisting employers survive such audits
over the past 20 years."

(c) Immigrants Of The Day: Ali Akbar Khan of India, Maria
Martinez of El Salvador, and Daniel Guadron of Guatemala

Kevin R. Johnson celebrates the achievements of these select

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

(a) DHS Announces Former DOS Employee Sentenced For Illegally
Accessing Passport Files

DHS announced that a former State Department employee was
sentenced today to one year of probation and ordered to pay a
$5,000 fine for illegally accessing more than 50 confidential
passport application files.

(a) Help Wanted: Immigration Attorney
Lincoln, Nebraska - USCIS Office of the Chief Counsel (OCC) seeks
an experienced attorney for the position of Service Center
Counsel at the Nebraska Service Center (NSC). Responsibilities
include, but are not limited to, serving as an attorney providing
legal advice to the NSC personnel on issues involving immigration
related adjudications, inadmissibility and deportability grounds,
and national security; writing visa appeal briefs and providing
litigation support to the U.S. Attorney's office on cases arising
from Service Center adjudications. J.D. degree, active bar
membership by the entry on duty date. For full details enter COU-
CIS-2009-0005 here.
Applicants must submit (1) resume , (2) writing sample (10 pps.
max), (3) references to mailto:William.Craig@dhs.gov. All
submissions must be received by close of business on July 17,
2009. GS-13/15, position open until filled. No relocation
allowance offered.

(b) Help Wanted: Immigration Paralegal
Las Vegas, NV - The Law Offices of Garcia-Mendoza & Snavely
seeks an experienced paralegal to perform all types of business
and family visa packages under supervision of attorney. Minimum
3-5 years experience required. Salary to be negotiated. Firm
provides benefits including paid vacation and sick leave plus
profit sharing plan. Located in a free standing building on
ground level in downtown. Parking is free. Submit resume + cover
letter to mailto:evagm@gms4law.com. All replies remain in

(c) 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) Senators, Officials Back E-Verify Mandate

Companies that contract with the federal government will have to
begin verifying that their employees are legally allowed to work
in the country starting Sept. 8, the Homeland Security Department
announced on Wednesday.

(b) Indiana Wants More Identification To Get State ID

Applying for an Indiana driver's license or state identification
card will now require more stringent proof of identity, a change
one Latina activist said could keep non-citizens living in
Indiana from driving legally.

(c) Krispy Kreme Caught Hiring Illegal Aliens

The U.S. Immigration and Customs Enforcement agency announced
this week that Krispy Kreme Doughnuts Inc. has agreed to pay a
$40,000 fine for hiring illegal aliens.

(d) Are Cops Racially Profiling Because of a New Immigration
Program? ICE Responds

But Nicole Navas, a Miami-based spokeswoman for U.S. Immigration
and Customs Enforcement, says our story got it wrong.

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
'Securing Identification Cards: REAL ID vs. PASS ID', 11:00-12:30
p.m., Tuesday, July 14, 2009, Allison Auditorium* The Heritage
Foundation, RSVP:
http://www.heritage.org/press/events/ev071409a.cfm or call (202)

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

(a) Dear Editor:
ID is right (07/09/09 ID comment). PERM cases are taking more
than 7 months now. I made an inquiry for a pending case (filed
11-5-08) and this is the reply I received from the DOL. Thank you
for your inquiry to the Atlanta National Processing Center
concerning your case filed under the Permanent Labor
Certification Program.* Please be advised that there is no
statute or regulation that mandates a time frame for processing
PERM cases.* It is stated in the comments section of the final
rule that "we anticipate an electronically filed application not
selected for audit will have a computer-generated decision within
45-60 days of the date the application was initially filed."
This statement however is NOT part of the regulatory requirements
that starts on page 77,384 of the Federal Register Volume 69 No.
247 under the heading Final rule; which states "...Parts 655 and
656 are amended as follows:"* The 45 - 60 days timeline is not
included in any of the amendments that followed.* Please be
patient, the employer will receive correspondence from our office
Chetan P. Tanna, Esq.

(b) Dear Editor:
PERM may actually be the fulfillment of a promise - to turn the
entire legal immigration system into a huge barrier to
immigration (07/09/09 ID comment). I once naively thought that
the immigration laws were intended to permit immigration, not to
put an end to it, even though it seems harder and harder for
people in the government to understand that. For example, why
were the J-1 regulations changed two years ago to eliminate
education or work experience in the US as a qualification for J-1
training eligibility? Nothing in the law contains such a
restriction. Another example: AC21 says that an H-1B job is
exempt from the annual cap if it is "at" a school of higher
education or other "qualifying institution", or one that is
"affiliated" with the above. My two and a half -year old grandson
understands what "at" means, but USCIS seems to have a real
problem with that word, at least if one goes by a lengthy,
convoluted, June, 2006 Aytes memo on this subject. As for
"affiliated", USCIS regulations interpret the word as meaning
virtually "identical", i.e.having the same board of directors.
But last time I looked in my dictionary, "affiliated" did not
mean "identical". Immigration advocates need to protest much more
loudly against administrative attempts to misappropriate the
immigration laws for anti-immigrant ideological purposes, as is
happening with PERM and in many other areas. I will give other
examples in future letters.
Roger Algase, Esq.**************** New York, NY

(c) Dear Editor:
The Congress can make whatever laws they want to serve whatever
their constituents might be happy with. It's legal to do this but
not that etc. These laws can change and had been changed for many
times. Illegal immigrants can be made as legal ones even instant
US citizens by a strike of a pen, that's it. In old Europe, it's
illegal for a Pole to come to France to work and reside there
without permit, now it's perfectly legal to do so because of
European Union treaty to allow freedom of movement among its
member states. Nations should stop criminalizing foreign workers
in order to serve some whining citizens that hate competition.
And thanks to Congress when it made laws to prohibit inter states
trade and freedom of movement barriers. Mr. Murray's letter asked
about morality and legal rights and who gave foreigners rights to
immigrate to other countries and seek jobs and opportunities
there, then the same question should apply on our past ancestors
including past European colonists including the Pilgrims came
into New Worlds and many lands in Asia and Africa then. What made
one think that the Aborigines and the Native of those lands had
no laws regarding trespassing and "immigration" that thoser
ancestors should ignore them. The rights of our survival and
seeking better opportunities, freedom, prosperity and happiness
are not granted by the Congress nor lawmakers of any countries
but it's the fundamental of every human and given by the mother
Nature or God if ones believe in his existence. Any political
institutions that make laws in many times serve some selfish
interests that defy this basic fundamental rights in favor to
their contributing constituents who don't like others to compete
with them.
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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