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

April 13, 2009


1.  Comment: Top Links March 2009
2.  Focus: Removal For Beginners
3.  Articles:
    (a) New Canadian Citizenship Rules To Come Into Effect In
    April by David Cohen
    (b) Bloggings on Dysfunctional Government by Angelo Paparelli
    (c) Bloggings On The H-1B Visa by Anthony F. Siliato and
    Scott R. Malyk
4.  News:
    (a) DOS Final Rule On Au Pairs
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Help Wanted: Immigration Professional
    (c) CLE Immigration Event
    (d) Website Services
6.  Headlines:
    (a) Emanuel Now a Backer of Immigration Action
    (b) Advocate Predicts Immigration Overhaul In Speech At
    Southern Methodist University
    (c) Immigration Emerges As An Issue For Obama
    (d) Doctor, Hospital File Suit On Residency Decision
7.  ComingsNGoings:
    (a) Immigration Event
8.  Letters From:
    (a) Roger Algase, Esq.


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Top Links March 2009

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

Top five March Immigration Daily Articles

++  Bloggings On PERM Labor Certification by Joel Stewart
++ Plenary Power: Should Judges Control U.S. Immigration Policy? by Jon
Feere for the Center for Immigration Studies
++Frequently Asked Questions About The Army's New Non-Citizen
Recruiting Program For Foreign Health Care Professionals by
Margaret D. Stock
++Update From Ciudad Juarez by Charles Wheeler
++Bloggings On PERM Labor Certification by Joel Stewart

Top five March Immigration Daily Items

++Aytes Memo Responds To CIS Ombudsman's Suggestions On Schedule
A Visa Processing
++USCIS Office Of Fraud Detection And National Security Has 600
++President Obama Meets With Congressional Hispanic Caucus
++USCIS Announces New H1B Hiring Requirements
++DOS Cable On 2009 Poverty Guidelines

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

Removal For Beginners

ILW.COM is pleased to announce a new 3-part telephone seminar
series with Discussion Leader Scott Bratton and speakers Wayne
Benos, Nikki Mehrpoo Jacobson, Patricia S. Mann, Steven C. Thal,
with other speakers to be announced. The curriculum is as

FIRST Phone Session on April 15: The Basics of Removal
++ Removal Proceedings under INA Section 240  - Notice to Appear
++ Exceptions to Removal Proceedings under INA Section 240-
expedited removal, reinstatement of removal order
++ Basic Immigration Court Practice and Procedures  - Overview,
EOIR Practice Manual
++ Bond Hearings  - ineligibility, Joseph hearings
++ Master Hearings and Individual Hearings - pleadings, an
attorney's role and responsibilities
++ Motions to Reopen- in absentia orders, motions to apply for
new reli
++ Appeals  - Form EOIR 26, BIA Practice Manual

SECOND Phone Session on May 20: Grounds For Removal
++ Grounds of Inadmissibility under INA Section 212
++ Grounds for Removal under INA Section 237
++ Criminal grounds of Removal- categories of crimes that trigger
++ Aggravated Felonies- convictions that are considered
aggravated felonies and their implications

THIRD Phone Session on June 10: Overview of Relief From Removal
++ Voluntary Departure- pre-hearing vs. post-hearing, benefits
++ Asylum, withholding of removal, relief under the Convention
Against Torture - eligibility, discretion, bars
++ Cancellation of Removal (LPR vs. non-LPR)  - eligibility,
bars, discretionary factors
++ Adjustment of status- jurisdiction of IJ, requirements,
++ Waivers- 212(h), 237(a)(1)(H), 212(i)
++ NACARA- who is eligible and the latest developments
++ TPS- circumstances where TPS can be granted by an IJ and
eligibility requirements
++ Other potential relief in removal proceedings

For more information and to register see: Online:
http://www.ilw.com/seminars/200910.shtm.  Fax form:

(a) New Canadian Citizenship Rules To Come Into Effect In April

David Cohen writes "The proposed legislation restores citizenship
to anyone born in Canada or who became a Canadian citizen on or
after January 1, 1947 (when the Citizenship Act was created), and
then lost their citizenship."

(b) Bloggings on Dysfunctional Government

Angelo Paparelli writes "Imagine if immigration opponents like
Norman Matloff, Ron Hira and John Miano could stop blathering
about employment-based immigration merely by deleting the
falsehoods they spout."

(c) Bloggings On The H-1B Visa

Anthony F. Siliato and Scott R. Malyk write "H-1B premium
processing receipts for cap cases have begun to arrive."

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

(a) DOS Final Rule On Au Pairs

The Department of State published notice in the Federal Register,
effective April 8, 2009, adopting as final the interim final rule
permitting qualified au pairs to participate again in the au pair
program after completing a period of at least two years of
residency outside the US following the end date of his or her
initial exchange visitor program.

(a) Help Wanted: Immigration Paralegal
NYC - Established boutique law firm seeks experienced paralegal
who desires to work from home, part-time.  We specialize in O-1
and EB-1A in the arts and entertainment, with a selection of H-1,
L-1 and family cases. The ideal candidate will: 1) have
experience in our practice area, 2) have an interest and talent
for organizing, excerpting and summarizing evidence in a lengthy
submission letter (for O-1 and EB-1 cases), 3) be self-
motivating, and will 4) work efficiently, timely and in an
organized fashion.  We communicate via emails and couriers. The
candidate will augment our current team of telecommuting
paralegals. We project 5-15 cases per month.  The candidate must
have necessary computer equipment, software and skills for this
position.  We pay by the hour or per case. Please forward
detailed resume, writing sample for EB-1A case, and two
references to: mailto:777lawyernyc@gmail.com.

(b) Help Wanted: Immigration Professional
New Orleans, LA - Tulane University seeks a dynamic immigration
professional for the position of Program Manager in the Office of
International Students and Scholars (OISS). The Program Manager:
ensures Tulane's compliance with US immigration regulations and
procedures with regards to H-1B and TN visas; is principal
contact for the hiring of Tulane int'l faculty and staff; ensures
intl'l faculty/staff receive proper immigration documentation and
understanding of US immigration procedures; assists with F-1 and
J-1 visa processing; helps retain int'l students to successfully
complete academic course of study through programming.
Requirements include: bachelor's degree and 2+ years int'l
education experience at college level or equivalent. Salary is
$34,080-$43,000/yr, depending on experience. To view full job
details (scroll down to Manager, Program) and to apply visit here
refer to job listing #102583.

(c) CLE Immigration Event
Memphis, TN - (May 15-16, 2009) The Federal Bar Association and
AILA Mid South Chapter invite you to join us for one of the most
exciting regional immigration conferences you will attend this
year. The confirmed speaker line-up is a who's who, including
respected AILA attorneys and government officials including
chairman of BIA, US Court of Appeals judge, director of OIL,
current and former immigration judges. This conference offers
opportunity to hear from a panel of ICE and CIS supervisors
discuss local priorities that affect the mid-South and
nationwide. Mingle with faculty without large crowds.  This
intimate setting is perfect for both new and experienced
practitioners alike. Program includes special programs for pro
bono attorneys + criminal lawyers. Earn up to 16 CLE hours and
have fun too. Early bird deadline is April 30th. For more info,
including speakers, curriculum, and registration, see here.

(d) 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.
6.  Headlines

(a) Emanuel Now a Backer of Immigration Action

As the White House gears up to push an immigration overhaul,
advocates are finding they have an unexpected ally in White House
Chief of Staff Rahm Emanuel.

(b) Advocate Predicts Immigration Overhaul In Speech At Southern
Methodist University

An overhaul of the nation's immigration laws will gain renewed
traction this fall but probably will be stripped of a temporary
worker plan, predicted a veteran immigration-rights advocate in a
speech at Southern Methodist University on Thursday.

(c) Immigration Emerges As An Issue For Obama

"Until we fix the immigration crisis, every issue will be taken
down the rat hole of immigration politics."

(d) Doctor, Hospital File Suit On Residency Decision

A lawsuit was filed this week in U.S. District Court by Great
Plains Regional Hospital and local oncologist Dr. Ifran Vaziri in
an effort to compel federal officials to make a decision on
Vaziri's application to become a legal permanent resident.

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
April 28, 2009, 2:00pm ET - ILW.COM is pleased to invite you to
attend a 30 minute Webinar presentation entitled "How To Survive
The Immigration Law Downturn" at no charge. Speakers include Greg
Siskind, Boris Palanov, and Sam Udani. Discussion topics include
how immigration law firms can effectively use technology to
increase efficiency, a detailed analysis of the state of the
immigration law field (by practice area and region), how web
conferencing can save you money, including a feature web
conferencing demo. The call will consist of 20 minutes of
presentation, followed by a Q&A. Immigration attorneys are
invited to register. Participation is limited and is first come,
first served. To register, see here.
This event is sponsored by Intercall, the world's largest audio,
web and video conferencing provider.

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

(a) Dear Editor:
There seems to no rhyme or reason to the way USCIS is handling
this year's H-1B cap. Since the cap was not anywhere close to
being reached during the first two (or five) days and has still
not been reached, the logical thing to do would have been to
start issuing filing receipts, first come first served. This has
always been done in the past. However, when a few filing receipts
were apparently issued at the beginning of this month, USCIS
announced that this was a mistake and that all cap subject
petitions would be put into a lottery as long as they were
received before the cap is actually reached. Where is the logic
in this? Now, in its 04/09 announcement, USCIS has apparently
contradicted itself by stating that for premium processing cap
subject cases received to date, the 15-day deadline for sending
an approval or an RFE has already begun, implying that these
cases will be issued filing receipts and will not be subject to a
lottery. But USCIS has always guaranteed that filing through
premium cannot be used to escape a lottery. Moreover, the 04/09
announcement also says that even though 20,000 of US master
degree petitions have been received, it will continue to accept
these cases anyway because of low previous approval rates. USCIS
seems to be blissfully unaware that the 20,000 visas reserved for
the US master degree category are, by law, in addition to, not
instead of, the 65,000 visas that are open to all qualified H-1B
applicants, bachelor and US masters degree alike. Therefore, for
US master degree holders, the annual limit is 85,000, not 65,000
and certainly not 20.000. There is no authority in the INA for
putting the US master degree cases in a separate category.
Roger Algase, Esq.  New York, NY
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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