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

May 15, 2009


1.  Comment: Bernanke On Immigration
2.  Focus: The H-1B Book
3.  Articles:
    (a) Bloggings on Nurse and Allied Health Immigration by
    Christopher T. Musillo
    (b)Immigrants Of The Day: Linda Katehi of Greece    by Kevin
    R. Johnson
4.  News:
    (a) Neufeld, Scialabba, Chang Memo On Consolidation of
    Guidance on Unlawful Presence
    (b) EOIR Announces Disciplinary Actions
5.  Classifieds:
    (a) Help Wanted: Immigration Attorney
    (b) Help Wanted: Immigration Paralegal
    (c) Website Services
    (d) I9 Audit Services
6.  Headlines:
    (a) DHS Chief Pressed On Immigration And Border Security
    (b) Latino, Asian Growth In US Slows
    (c) Immigration Amid A Recession
    (d) Finding Friends Of Immigration Reform In High Places
7.  ComingsNGoings:
    (a) Immigration Event - Washington, DC
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) David D. Murray, Esq.
    (c) John H. Frecker
    (d) Maria F. Robalino


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Bernanke On Immigration

An USA Today
editorial points out the self-defeating nature of our immigration
policy which forces thousands of foreign graduates with sought-
after skills and brainpower to leave the country. It quotes
Federal Reserve Chairman Ben Bernanke.  " "Our immigration laws
discriminate pretty heavily against highly talented scientists
and engineers who want to come to this country and be part of our
technological establishment," Bernanke told a congressional
panel. By opening doors to more people with top technical skills,
he predicted, "you'd keep companies here, and you'd have more
innovation here, and you'd have more growth 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

++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 Nurse and Allied Health Immigration

Christopher T. Musillo writes "omewhat surprisingly was the
retrogression of EB2 numbers for the Indian and Chinese

(b) Immigrants Of The Day: Linda Katehi of Greece

Kevin R. Johnson writes "She was selected by President George W.
Bush to chair the President's Committee on the National Medal of

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

(a) Neufeld, Scialabba, Chang Memo On Consolidation of Guidance
on Unlawful Presence

Donald Neufeld, Acting Associate Director, Domestic Operations
Directorate, Lori Scialabba, Associate Director Refugee, Asylum
and International Operations Directorate, and Pearl Chang, Acting
Chielf, Office of Policy and Strategy issued a memo consolidating
the guidance concerning unlawful presence for purposes of
sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the Act.

(b) EOIR Announces Disciplinary Actions

The Executive Office for Immigration Review (EOIR) announced that
it has recently taken disciplinary action against 11 attorneys for
violations of the Rules of Professional Conduct for immigration

(a) Help Wanted: Immigration Attorney
Atlanta, GA - USCIS Office of Chief Counsel (OCC) seeks
experienced attorney for the position of Associate Regional
Counsel, USCIS OCC, Southeast Region. Responsibilities include,
but are not limited to, providing legal advice to the Atlanta, GA
and other field offices within the District on immigration
benefits and related matters including adjudications involving
issues of national security. Applicants must possess JD degree,
be an active member of the bar and have 1+ years of post JD
experience. For more info, key in Job Announcement Number: COU-
CIS-2009-0004 at USAJobs.com. Submit cover letter demonstrating
specific skills, experience, and interests qualifying candidate
for position. Applicant should list references but recommendation
letters not necessary. Applicants must also submit a resume +
writing sample (max. 10 pps) to: Michael P. Conricode, Regional
Counsel, USCIS, Southeast Region: mailto:ser-cou@dhs.gov. Must be
received by close of business Friday, May 22, 2009. Position is
at the GS-13-GS-15 levels. No relocation reimbursement expenses

(b) Help Wanted: Immigration Paralegal
Reston, VA - Goel & Anderson, LLC
has an immediate opening for an experienced business immigration
paralegal.  Ideal candidates will have 5+ years experience as an
immigration paralegal handling employment-based NIV and IV cases.
Prior experience should include demonstrated ability to manage
large caseload, while effectively/accurately preparing wide range
of employment-based immigrant and nonimmigrant petitions, with
strong emphasis on H-1B and L-1B matters. Experience with PERM,
I-140, adjustment of status, and complex RFE responses essential.
Successful applicants will possess thorough knowledge of
immigration law and procedure, excellent writing, communication,
organizational, and computer skills, and ability to conduct legal
research, analyze issues, and effectively interact with corporate
petitioners, beneficiaries, and law firm staff.  Five years of
prior experience, a four-year college degree, and solid
references required. Goel & Anderson is a nationally recognized
business immigration firm that offers an outstanding compensation
and benefits package. Apply with resume, cover letter, + salary
req. to mailto:careers@goellaw.com.  Principals only.  No phone

(c) 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 www.inszoom.com/websites
or contact a sales representative at (925) 244-0600 to start the
process of launching your new website today.

(d) I9 Audit Services
Do your clients need substantive due diligence for the employment
provisions of the INA? Omega Secure Solutions (OSS), Inc.
offers a cost effective option to review your client's I9s which
can help your law firm gain competitive advantage.  OSS has a
national workforce of retired immigration investigators.  All our
Associates have a minimum 25+ years as distinguished INS / ICE
senior special agents.  OSS provides a comprehensive plan to
demonstrate to the satisfaction of ICE that your business clients
are serious about complying with the INA so that devastating
adversarial action does not become a reality.  We understand the
law and the bureaucracy that administers that law. Omega ... the
last word in Homeland Security support. To learn more about our
services including HR training, employer-worksite compliance
programs, I-9 audits, all at competitive rates, contact Bob
McGraw, President, Omega Secure Solutions at
mailto:rmcgraw@omegasecuresolutions.com or 410-263-9500.
6.  Headlines

(a) DHS Chief Pressed On Immigration And Border Security

Senate and House lawmakers pressed Homeland Security Secretary
Janet Napolitano Tuesday to explain the Obama administration's
policies for enforcing border security and immigration laws.

(b) Latino, Asian Growth In US Slows

Deterred by immigration laws and the lackluster economy, the
population growth of Latinos and Asians in the U.S. has slowed

(c) Immigration Amid A Recession

As the economy deteriorates, the debate over the economic impact
of immigrants rises.

(d) Finding Friends Of Immigration Reform In High Places

Immigration reform has been called the "third rail" of politics
for being such a charged issue, but lately lots of people have
been touching that third rail without getting zapped.

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
May 20 - The Migration Policy Institute is pleased to present E
Pluribus Unum Prizes - Awards Ceremony and Reception. This
national awards program provides prizes annually to exemplary
immigrant integration initiatives. For more info see

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

(a) Dear Editor:
Honza Prchal's letter (05/14/09 ID) asks how long it will take
before the Democrats get blamed for inaction on immigration.
Judging by their failure to come up with any kind of a coherent
plan or idea about immigration, and given President Obama's
tendency in so many areas to try to please everyone, which may be
somehow possible with banking, finance, mortgages, healthcare or
even torture, but is totally impossible with immigration, it
should not take very long at all for the Democrats to be blamed
for inaction, and rightly so.
Roger Algase, Esq.                 New York, NY

(b) Dear Editor:
Follow-up to my letter (05/13/09 ID), regarding the availability
of Adustment of Status under INA 245 and the Bars to
Admissibility under INA 212(a)(9)(B): There are two "bars" to
admissibility for aliens "unlawfully present" - Bar (1)
unlawfully present for more than 180 days - inadmissible for 3
years from date of departure; Bar (2) unlawfully present for 365
days or more - inadmissible for 10 years from date of departure.
The bar arises under three circumstances: (1) illegal entry, (2)
overstayed for the requisite period, or (3) engaged in
unauthorized employment. An overstayed alien, married to a US
citizen, who entered on a valid visa and who does not leave the
US, is entitled to adjust status in the US, because they are
exempt under INA 245(c). Note that advance parole does not
overcome the bar. Upon leaving the US, the applicable bar to
admissibility arises. An illegal alien who enters the US without
inspection cannot adjust status, because they are not exempt
under INA 245(c). They must leave the US to apply for a permanent
resident visa at a  US consulate, and thereafter file a form
I-601 waiver of the bar to admissibility. Former INA 245(i)
waived the bar to admissibility for qualifying aliens, upon the
payment of an additional $1,000 filing fee. I believe Congress
should reinstate the now defunct 245(i), solely for the benefit
of spouses of US citizens, as I see no reason to waste everyone's
time and money, just to achieve the same result at the consulate
as if they had adjusted under 245(i). As to any form of 245(i)
relief ever applying to employment situations, probably not -
there appears to be no rational practical or humanitarian basis
when it is based purely on economics.
David D. Murray, Esq.                 Newport Beach, CA

(c) Dear Editor:
I'm enjoying the discussion of whether or not illegal aliens are
"criminals", per se, and whether or not the proper term is
"illegal alien" or "illegal immigrant".  What I know about the
immigration laws, I learned as a Border Patrol Agent, before
retiring in 1995. We spent many hours "discussing" which terms
were correct and spent a lot of time trying to figure out which
deportation charge to use on the charging documents. On our
documents and reports we used the terms "illegal alien" or "alien
illegally in the US".  As to the term "immigrant", I don't
believe the term means that the alien has legal status, although
that's what popular perception is.  The immigration law defines
the term "immigrant" as "any alien", except an alien lawfully
admitted as a non-immigrant.  Thus, in my humble opinion, either
term - "illegal alien" or "illegal immigrant" - would be proper.
And, no, it's not a crime for a non-immigrant alien to overstay
his/her visa or to violate the terms of his/her admission, such
as working without permission, conviction of a felony, etc. I do
believe an alien who obtains admission through "the concealment
of a material fact" or "wilful misrepresentation" would be guilty
of a crime. And a pet peeve, not every alien who enters on a non-
immigrant visa is legal; it depends on the alien's "intent" at
the time of entry. For example, an alien who obtains a non-
immigrant visa by claiming to be coming to the US for a brief
visit but whose actual intent was to look for work in the US,
would be illegal at the time of entry. The "9/11" hijackers who
came to the U.S. on non-immigrant visas would never have been
legally here if their "intent" at entry was to commit their
terrible acts.
John H. Frecker                  Baileyville, ME

(d) Dear Editor:
I would like to receive your "Immigration Daily" issues. Can you
please add me?   My information is below. [information withheld]
Maria F. Robalino

Editor's Note: We have subscribed you to ID. For future
reference, anyone can subscribe to ID by simply entering their
email address in the subscribe box at the top of our homepage or
in the left menu strip on other pages.
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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