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

March 24, 2009


1.  Comment: Immigration Service Providers
2.  Focus: The Consular Posts Book Table Of Contents
3.  Articles:
    (a) How To Protect Yourself From Becoming A Victim Of
    Immigration Fraud by Sardar Durrani, Esq.
    (b) Obama Administration Signals It May Review A Number Of
    Bush Immigration Policies by Muzaffar Chishti and Claire
    Bergeron for the Migration Policy Institute
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) DOJ Announces Cleveland Immigration Court To Oversee
    Control Of All Ohio Cases
5.  Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Case Management Technology
    (c) CLE Immigration Event
6.  Headlines:
    (a) E-Verify Program Staying In Place - For Now
    (b) Immigration Reform One Priority Among Many For Obama
    (c) Obama And Immigration Reform
    (d) Legal Groups Call for End To 'Ideological Exclusion' Of
    Scholars, Others Denied Visas
7.  ComingsNGoings:
    (a) Immigration Book
8.  Letters From:
    (a) Roy Lawson
    (b) Cornelius D. Scully
    (c) Gladys C. Farris


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Immigration Service Providers

As a recent law.com news story
attests, the downturn in the economy has affected many in the
immigration field, attorneys as well as the companies providing
services to lawyers. Many service providers (for case management
software, credential evaluation, translation, labor certification
advertising, expert witness testimony, etc...) know that it is a
good idea to be in the minds of lawyers at the exact time their
services/products are needed. Now that AILA's Immigraton Law
Today (formerly known as AILA Monthly Mailing) has suspended
publication, Immigration Daily is the only industry alternative
available. http://www.ilw.com/corporate/advertise_on_ilw.shtm

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do so. But don't just trust us, ask your current customers.
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homepage and see for yourself.

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

The Consular Posts Book Table Of Contents

The Table of Contents for "The Consular Posts Book" which is
currently being finalized for printing is as follows:

++Comprehensive Immigration Reform (CIR) and DHS Cost-cutting:
But, Not Very Comprehensive Reform and Selective Cutting of
Enforcement Budgets
++Post-FISA Surveillance:  When Your Client Calls From Overseas,
Uncle Sam Is On The Line.
++The NAFTA Super-Highway Meets a Roadblock
++Shift to Interior Enforcement - Mandatory e-Verify
++H-1B and L-1 Programs Under Siege
++Release from Detention for CIR-eligible Aliens
++The Bottom-Line Calculus in Business Immigration and Free Trade
++He Votes - US Worker Considerations
++But, His Lobbyists Are More Expensive - Global Capital
++A Trumps B, for Now
++Obama: Changes to H-1B Seen as Part of Comprehensive
Immigration Reform
++Congress:  Revolt Against Off-Shoring
++WTO/GATT/GATS Reconsidered
++Will the "GATS Visa" Replace H-1B?

Chapter 1.A - Who You're Dealing with: DOS Jurisdiction
++Prominent Lawyers Prosecuted for Money Laundering and
++FBI/DHS Task Force Sting Operation Nets a Leader of the
Criminal Bar
++The Loss of Attorney-Client Privilege in International
++NEW FISA: H.R. 6304 Blanket Authorizations for Surveillance of
International Communications
++Section 1801(h) - "Minimization" and exception for "evidence of
a crime" Illustration 1.1 - New FISA
++Sec. 1806 - The Minimization Loophole
++The al-Haramain Case - Targeted Surveillance of Attorney-Client
++DOL Audits All Labor Certifications Submitted by Major
Immigration Law Firm
++International Lawyer: Gatekeeper, Adversary or Defendant?
++Expanding View of Attorney Culpability and Mandatory Due
Diligence Requirements
++Department of Justice Targeting of Gatekeepers
++Enhanced Federal Enforcement and Revised Sentencing Penalties
for Compliance Violations
++Federal Sentencing Guidelines - Up, Up and Away
++2003 Department of Justice Guidelines
++Further Erosion of Attorney-Client Privilege for Corporate
++Mandatory Disclosure of Representation, and Attorney
Certification of Accuracy in all Represented Matters - The Future
of Immigration Law?
++The End of Employer-sponsored Immigration?
++Addendum 1.1. 50 USC, Chapter 36, Subchapter I, Sec. 1806,
Foreign Intelligence, Surveillance, Subchapter I - Electronic
Surveillance, Use of Information.
++Addendum 1.2. Sec. 805. Review of Federal Sentencing Guidelines
for Obstruction of Justice and Extensive Criminal Fraud.

Chapter 1.B - Trade and Immigration Tightening? NAFTA, WTO, GATS
Soup to Nuts   Prospects for Changing Immigration, Surveillance
and Global Trade Policies under the Obama Administration.

Chapter 2.A - Tips for Avoiding B-1/B-2 Visa Denials and
Correcting other Refusal Issues with the Consul
++Common Reasons B-1/B-2 Visas Are Denied (INA Section 214(b),
INA Section 221(g), 221(g) Temporary Refusal 221(g) Denial and
Return of Petition for Revocation

Chapter 3.  What they're Looking For (Do's and Don'ts): Inner
Federal Agency Workings
++The Appearance (and Substance) of Candor - Proactive Strategies
for Avoiding Problems and Prosecutions.
++Mission Shift: The New Emphasis on Detecting Business-related
Fraud (1. USCIS, 2. DOL, 3.CBP, 4. Commerce Department

Chapter 4.  Why Visas Are Done Outside the U.S.: The Purpose of
Consular Processing
++Local Reputations and Investigations - Eligibility and
++Information, Please (Data-collection and the Wealth of Nations)
- Intelligence Gathering
++All Politics Are Local - Diplomacy and Relations w/ host Country

Chapter 5.  Getting, Keeping and Renewing Your Visa: The Visa -
Its Limits and Privileges
++Not All Visas Are Created Equal - Many Types, But Few Real
Choices (Permission to Enter, Blanket L visas, Investor Visas,
The Greater Use of B1 visas in connection to sustainable economic
++Phone Home - The Importance of Personal Contact By Counsel in
the U.S.
++Once you're Here, They Don't Stop Looking - The New Realities
of Doing Business (Post 9/11 Data Mining and Federal Task Forces)
++Time to Renew, Time to Review - The Importance of Reviewing the
Record Before Submitting Updated Information.

Chapter 6. DOS Central Office Can Help You: Review and
Appeals of Consular Decisions
++The Consular Officer Isn't Always Right (Sometimes) - Review
and Appeals of Consular Decisions (Supervisor review, State Dept
Opinion, Long Standing Absences of US Courts in a Vastly changing
Global Economy and the Borderless Corporation)

Chapter 7.  Avoiding Audits and Task Forces: Best Practices
++Innocence Isn't Enough -- USCIS and ICE Random Fraud Assessments
++Send In the Marines -- Federal Fraud Task Forces

Chapter 8.  Data-mining and Real-Time Enforcement:  The
Future Landscape of the Visa Process
++Save the Trees -  E-filing, Document Scanning, and Distributed
Data Access
++If it's On-Line or in a Computer, Assume They Have a Copy

Chapter 9.  The Many Faces Behind the Visa Window: The Visa
Process and Procedure at Select High-Volume Consulates in the New
World Economic Order

India (New Delhi, Chennai, Mumbai, Kolkata); China (Beijing,
Guangzhou, Shanghai); Canada (Ottawa, Toronto, Vancouver,
Montreal);  Mexico (Mexico City, Ciudad Juarez, Monterrey,
Tijuana, Nogales, Guadalajara); United Kingdom (London); Armenia;
France (Paris); Germany (Munich); Poland (Warsaw); South Korea
(Seoul); Phillipines (Manila); Brazil (Rio de Janeiro, Sao
Paulo); Australia (Sydney); Taiwan (Taipei); Vietnam (Ho Chi Minh
City); Israel (Tel Aviv); Bangladesh (Dhaka); Argentina (Buenos
Aires); Colombia (Bogota); Venezuela (Caracas); Dominican
Republic (Santo Domingo); Haiti (Port au Prince); Jamaica
(Kingston); Nigeria (Lagos); Trinidad and Tobago Carribean (Port
of Spain)

For contributor bios, more info, and to order, please see:
Or for fax, please see:

(a) How To Protect Yourself From Becoming A Victim Of Immigration

Sardar Durrani, Esq. writes "Following are things you should do
to protect yourself from persons who fraudulently portray
themselves as immigration representatives."

(b) Obama Administration Signals It May Review A Number Of Bush
Immigration Policies

Muzaffar Chishti and Claire Bergeron for the Migration Policy
Institute write "The administration is also reconsidering
regulatory changes from Bush's final days in office, such as a
new rule for documents that prove employment authorization and
the mandatory use of E-Verify for government contractors."

(c) Bloggings On PERM Labor Certification

Joel Stewart writes "With the passing of time, BALCA has been
forced to permit remands and reconsideration of issues that are
prohibited by the regulations in order to prevent unfair results."

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

(a) DOJ Announces Cleveland Immigration Court To Oversee Control
Of All Ohio Cases

The Executive Office for Immigration Review announced that
beginning April 6, 2009, the Cleveland Immigration Court will
have administrative control of all cases within Ohio.

(a) Help Wanted: Immigration Attorneys
Owings Mill, MD - The Murthy Law Firm seeks attorneys with 3+
years business immigration law experience. Our practice is
dynamic and fast-paced. We have high standards with regard to
integrity, work ethic, and quality. Successful candidates will
have ability to work both as members of team and team leaders.
They will join 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/support staff. Good writing and analytical
skills required. Visit http://www.murthy.com/jobs.html
to learn unique benefits of working at  Murthy Law Firm. Send
resume + cover letter to mailto:hr@murthy.com. All communication
will be treated in confidence. Salary and benefits commensurate
with experience and ability. EEO.

(b) 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.

(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.
6.  Headlines

(a) E-Verify Program Staying In Place - For Now

The fate of a national employee verification program aimed at
combating illegal immigration is safe for now, but it's unclear
whether Congress will renew it beyond this fall.

(b) Immigration Reform One Priority Among Many For Obama

Hispanic lawmakers and pro-immigrant advocacy groups said the
answer has to be yes, and they praised the president for renewing
his campaign promise.

(c) Obama And Immigration Reform

The president says he's committed to immigration reform. Do his
actions say otherwise?

(d) Legal Groups Call for End To 'Ideological Exclusion' Of
Scholars, Others Denied Visas

The groups asked the administration officials to evaluate
applicants for admission to the United States on the basis of
their actions rather than their political beliefs and

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 Book
Who Speaks for Hispanics?: Hispanic Interest Groups in
Washington, By Deirdre Martinez, State University of New York
Press, 175 pp., Hardcover, ISBN: 0791493571, $60.00,

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

(a) Dear Editor:
I find ID's 3/23/09 comment on the H-1b quota forecast quite
telling.  ID laments that the executive branch has called
immigration primarily an enforcement issue (even using terms such
as donkey to describe immigrants) yet you describe the H-1b
program as "the H-1B market".  As long as immigration programs
remain part of the "market place", and especially the case of
employer sponsored visa programs, the motives will not be aligned
with our national interest. Immigration programs should be about
creating future citizens, not about creating a massive temporary
workforce designed to drive down wages and exploit immigrants for
short term gain.  And certainly not about creating a market for
immigration attorneys.  Whether you call them "donkeys" or
"temporary labor" the end result is a system that places a higher
value on what immigrants contribute to corporations than what
they contribute to society and a more altruistic goal of creating
good citizens. I hope the views of ID become more altruistic and
less concerned about meeting the demands of "the marketplace".
Otherwise, ID might as well just call them "donkeys, temporary
labor, indentured-servants, etc" because that is how they will
ultimately be treated in our society if the motives of the system
does not change.
Roy Lawson

(b) Dear Editor:
I read Immigration Daily pretty much every day and find much that
is informative, but I cannot resist commenting on a patently
idiotic comment made in ID's 03/23/09 ID comment. ID's reference
to the demeaning words used by the State Department to refer to
immigrants as a sign of the current attitude toward immigration
is preposterous and reflects an utter ignorance of the history of
the system. The visa code words, of which Donkey is indeed one
date back many decades, back to a time when telegrams between the
State Department and posts abroad were sent via commercial
telegraphic systems. The commercial telegraph companies charged
for telegrams by the word. Someone figured out that "visas
donkey" followed by the name, date and place of birth of a visa
applicant cost the Government less than "A security advisory
opinion is requested for" followed by the name, date and place of
birth of the applicant. I don't know exactly when these standard
code words were first used, but they were already a well-
established part of the system when I first worked in it in 1962.
As the State Department slowly moved into the modern electronic
world and increasingly used government communications systems,
they were retained as time-savers - fewer words, less typing. So,
it is foolish to see them as reflecting anything about the State
Department's attitude toward immigrants, one way or another. The
delays in processing visas Donkey cables referred to in the AILA
document ID cites have nothing to do with state of our economy.
They are, rather, the result of the radical increase in security
screening requirements since 9/11. To see what the code words
are, they can be seen on line in Appendix E to the Visa Manual
(9FAM - Visas) which can be found by going to the State
Department website.
Cornelius D. Scully

(c) Dear Editor:
You know that employees are barely doing their best in the
business especially the mid size companies and small ones.  What
is happening is all bureaucratic charade to appease the public
who are anti-immigrant. In reality these jobs are so low in pay
that those who are jobless rather not work than take these kind
of jobs.
Gladys C. Farris
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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