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

July 7, 2009


1.* Comment: Top Links June 2009
2.* Focus: The H-1B Book
3.* Articles:
*** (a) CBP Open Forum: AILA Annual Conference 2009 by Sheela
*** Murthy et al., attorneys from the Murthy Law Firm
*** (b) Current Migration Trends from Mexico: What Are the
*** Impacts of the Economic Crisis and U.S. Enforcement Strategy?
*** by Wayne Cornelius et. al of the Mexican Migration Field
*** Research and Training Program Center for Comparative
*** Immigration Studies, UCSD
*** (c) Bloggings On PERM Labor Certification by Joel Stewart
4.* News:
*** (a) USCIS Releases Immigration FAQs For Members Of Military
5.* Classifieds:
*** (a) Help Wanted: Immigration Paralegal
*** (b) Help Wanted: Immigration Attorneys
*** (c) Help Wanted: Immigration Attorney
*** (d) Help Wanted: Immigration Paralegal
*** (e) Website Services
*** (f) Credential Evaluation And Translation
6.* Headlines:
*** (a) Illegal Immigrants Pin Hopes On Reforms
*** (b) Piecing Together An Immigrant's Life The U.S. Refused To See
*** (c) Immigrant's American Dream Within Reach
*** (d) President Obama Makes Serious Commitment To Immigration
*** Reform
7.* ComingsNGoings:
*** (a) Immigration Event - Washington DC
8.* Letters From:
*** (a) Tom Harmon, Esq.
*** (b) David D. Murray, Esq.
*** (c) Phil Slaton
*** (d) James Johnson, Founder/President, North Carolinians For
*** Immigration Reform and Enforcement
*** (e) J. E. Smith
*** (f) Luis Nevada


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Top Links June 2009

We feature the most accessed links by our readers in June 2009

Top five June Immigration Daily Articles

++* Guangzhou U.S. Consulate Non-Compliance With State Department
Rules For Processing Marriage Based Visa Applications by John
++ Passing Comprehensive Immigration Reform: Getting Down To Brass
Tacks by Robert Gittelson
++Adjusting Under 245(a) Despite Having Entered Using A False
Identity by Adam Ketcher
Three Great Supreme Court Decisions by David Cleveland
++Bloggings On Immigration Law And Policy by Greg Siskind

Top five June Immigration Daily Items

++USCIS Releases QAs On CSPA
++Neufeld Memo Provides Guidance Regarding Surviving Spouses of
Deceased US Citizens and Their Children
++DOJ Announces 3 Attorneys Convicted Of Asylum Fraud
CBP Releases Admission Into US FAQs
++USCIS Announces Resumption Of Premium Processing Service for I-140

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) CBP Open Forum: AILA Annual Conference 2009

Sheela Murthy et al., attorneys from the Murthy Law Firm write
"Questions were asked regarding situations in which the CBP
database has errors, resulting in delays in processing at the
Ports of Entry (POE)."

(b) Current Migration Trends from Mexico: What Are the Impacts of
the Economic Crisis and U.S. Enforcement Strategy?

Wayne Cornelius et. al of the Mexican Migration Field Research
and Training Program Center for Comparative Immigration Studies,
UCSD write "Widespread media reports of return migration. But is
this really happening? People are aware that the situation in
Mexico is no better."

(c) Bloggings On PERM Labor Certification

Joel Stewart writes "In other words, not only does the DOL audit
Employers and their PERM applications as part of the PERM rule,
but it also audits itself, i.e., its efficiency and honesty in
giving services to the public."

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

(a) USCIS Releases Immigration FAQs For Members Of Military

USCIS released immigration information for members of the US
armed forces and their families.

(a) 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

(b) Help Wanted: Immigration Attorneys
The Murthy Law Firm is seeking immigration attorneys with at
least three years of experience in business immigration law, with
or without litigation experience. Our practice is dynamic and
fast-paced. We have high standards with regard to 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
join over a dozen high-caliber colleagues and have quality
support in the way of legal and administrative staff, as well as
technology. 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, as well as experience dealing
with complex immigration law cases. Litigation experience a plus.
Interested candidates may visit http://www.murthy.com/jobs.html
for details regarding the unique benefits of working at the
Murthy Law Firm. Resume + cover letter should be forwarded to
mailto:hr@murthy.com. All communication will be treated in
confidence. Salary and benefits are commensurate with experience
and abilities. We are an equal opportunity employer. Final
interviews of candidates are at our office in Owings Mills, MD, a
few minutes from downtown Baltimore, Maryland.

(c) Help Wanted: Immigration Attorney
Small immigration law firm in Northern Virginia seeks associate
with 2+ years of experience in litigation before administrative
tribunals. Good writing skills. Send resume to
mailto:mlfernandez@mslaw.pro. Must be fluent in Korean. Salary
commensurate to experience. Good benefits.

(d) Help Wanted: Immigration Paralegal
Small immigration law firm in Northern Virginia seeks immigration
legal assistant with 2+ years of experience in business
immigration law. Send resume to mailto:mlfernandez@mslaw.pro.
Must be fluent in Korean. Salary commensurate to experience. Good

(e) 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.

(f) 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:
6.* Headlines

(a) Illegal Immigrants Pin Hopes On Reforms

Both feel an allegiance to this country and want to gain legal
status, but are unable to do so because of an immigration
bureaucracy that many, including the Obama administration in
Washington, believe is dysfunctional and overwhelmed.

(b) Piecing Together An Immigrant's Life The U.S. Refused To See

In March, more than three years after the death, federal
immigration authorities acknowledged that they had overlooked it,
and added a name, "Ahmad, Tanveer," to their list of fatalities
in custody.

(c) Immigrant's American Dream Within Reach

After 12 years in this country, I recently filled out the
Application for Naturalization N-400 Form for U.S. citizenship. I
shall be the first one in my family.

(d) President Obama Makes Serious Commitment To Immigration

If there were any doubts about his commitment to immigration
reform, President Obama dispelled them at a bipartisan White
House meeting with members of Congress on June 25.

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 Institute for the Study of International Migration invites
you to attend 'The Challenge of Circular Migration: A Triple Win
Solution?', 8:30-10:00 a.m., Friday, July 17, 2009, Georgetown
University Law Center, McDonough Hall, Room 200. RSVP:
http://www12.georgetown.edu/sfs/rsvp/index.cfm?Program=ISIM. For
questions, please contact Alexander R Gee, arg29@georgetown.edu.

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

(a) Dear Editor:
Can't we, as immigration attorneys, take a more proactive
approach to ending the unnecessary - perhaps* unlawful -
detention of immigrants (see 07/06/09 ID comment)? Could we make
public lists of detainees, so alerts and relatives could contact
them? Could we not visit deletion centers and gather information?
Tom Harmon, Esq.* Minneapolis, MN

(b) Dear Editor:
I believe anyone following my ID Letters to the Editor for the
past five years or so understands that I am pro-immigration and
pro-rule-of-law. I believe the present laws are inadequate and
fail to address 21st century realities. They should be changed,
before and separate and apart from the issue of CIR (buzzword for
Amnesty). After legal immigration laws are redrafted, and
adequate enforcement safeguards are installed, it will be time to
consider some form of CIR, but combining the two is disaster, as
evidenced by the last two failures during the Bush
administration. I believe such concepts as "dual intent" and
"advance parole" should be abolished. Spouses of both US Citizens
and Permanent Residents should be able to obtain visas to come to
the US to join their loved one on a walk-in basis, rather for
languishing for a year, or awaiting a nonsensical quota. The
Quota System for employment based immigration should be revised
so as to realistically meet the needs of US employers, rather
than continuing to be based on an archaic formula that has no
basis in reality and serves nobody good. But being a rule-of-law
guy, I am anti-illegal and anti-overstay and do not understand
why illegals and overstays believe they have some sort of God
given right to US permanent residence. I wonder, just what part
of "you can't do that" do they not understand? I agree with the
ID Editorial "Detention is Un-American" (07/03/09 ID) and believe
that the detention injustices could be remedied through good
stand-alone legislation, if the politicians wanted to address the
issue without politicizing it. While I may not believe illegals
and overstays have the right to permanent residence, I do believe
they have the right to swift justice, even if it results in their
deportation under the law.
David D. Murray, Esq.* Newport Beach, CA

(c) Dear Editor:
Responding to ID's 07/06/09 coment, of course this vestige of the
Bush Administration is both Fascist and Un-American.* I am
disheartened that the Obama Administration has not gotten rid of
Phil Slaton*** Poulsbo, WA

(d) Dear Editor:
Responding to ID's 07/06/09 coment, what the comment fails to
mention is, the people who died in detention, died as a result of
pre-existing, untreatable, medical conditions and not the result
of "inadequate medical care" or "deplorable conditions."* It is a
fact, that U.S. Government is bound by law to medically screen
and medically treat everyone who enters a detention facility, at
no cost to the detainee. In fact, the care and treatment is first
class, extensive and unavailable to American citizens, yet we pay
for it. In an interview by James Pinkerton of the Houston
Chronicle dated July 6, 2008; Cmdr. John Gary of the U.S. Public
Health Service states: "Inmates are screened for medical problems
within 12 hours of arriving. The medical staff consists of 38
staff members. The staff includes a full-time medical doctor, 13
registered nurses, eight licensed vocational nurses, a dentist,
pharmacist, a psychologist and a social worker. The clinic has an
X-ray facility, which is used as part of a tuberculosis
surveillance program for detainees. The detention centers are
clean and well-lit. Each of the cellblocks contain bunk beds, a
TV monitor, a microwave, a dining area and bathroom
facilities.The facilities also have a small law library and a
commissary. Like most jails and prisons, the detention facility
allows for religious practices. Inmates are allowed an hour a day
of recreation on outdoor basketball and soccer fields or in an
exercise room inside."
James Johnson, Founder/President, North Carolinians For
Immigration Reform and Enforcement

(e) Dear Editor:
Remember, foreigners who find themselves in detention are there
because their status in the US is less than fully defined under
our legal immigration criteria. These folks are in detention
because they have violated our immigration laws. Immigration
Daily and your fellow travelers seem always to forget that
immigration law is to be respected, honored and adhered to every
much as we as citizens and residents of a "Nation of Laws" are
expected to be respectful to our other bodies of laws, rules,
regulations. As for those so-called "parents" who drag their kids
along when they know that they are in the process of committing
violations of law that may cause them to be placed in detention I
say that those folks should not be granted any detention and
should be immediately returned to whence they came. Groups such
as MidwestHumanRights, as well as the alphabet soup of so-called
"Hispanic" defense groups, as well as so-called "immigration
attorneys" who continuously engage in hand-wringing about the
dastardly mistreatment of foreigners by U. S. border enforcement
agencies need to redirect your ire towards the entrants who
insist on their right to be in a country that is not theirs.
While Immigration Daily urges Congress to heed the wisdom of
Martin Luther King regarding "...speaking for the voiceless...",
you should also peruse a copy of a book by Clarence B. Jones, a
top King aide, to learn that Dr. King's pronouncements were never
intended to support illegal immigration, or unlawful behavior of
any kind.
J. E. Smith** Brunswick, GA

(f) Dear Editor:
I agree with Luis Colorado's letter (07/03/09 ID) and my case is
similar in many ways. I have been in the US with an F1 visa for
more than 14 years. Two companies tried to hire me and applied
for my green card. I decided to enroll again as student to be
able to remain in status in waiting for a decision. Also, all
what happened was to waste time and money, without mentioning the
stress caused by the wait. Before coming to the USA, I had been
working in Europe for almost ten years. I speak three languages
and have a broad range of experience in various Latin American
countries working for an international consultancy company ranked
among the 500 international top companies worldwide. In the
meantime, I have gotten two master's degrees and presently I am
PhD candidate. I probably have spent around $7,000 in lawyer
fees, trying to do every according to the law. I have been the
victim of not knowing sufficiently the immigration law and the
inability to keep paying attorneys. As Luis's letter stated, a
lot of Americans like to say that this is a country of laws, and
that was actually one of the reasons I wanted to move from my
country of origin to the USA, among other reasons because I
always admired the system, the honesty of the vast majority of
the public servants, the rule of law, and the civil behavior of
the people in general. However, I don't feel welcome in this
country anymore. My country of origin is a Latin American
country. I feel we are being targeted as scapegoats. If things
don't get better, I will have to move to Canada. I don't want
that, but we may not have an alternative.
Luis Nevada
The first daily in the field of immigration. Forward this to a

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