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

March 12, 2009


1.  Comment: Senate Ready For CIR
2.  Focus: Today Is Deadline For H-1B For Beginners
3.  Articles:
    (a) Current Trends In The Adjudication Of Waivers Of The
    Foreign Residence Requirement Under INA Section 212(e) On The
    Grounds Of "Exceptional Hardship" To A U.S. Citizen Family
    Member by Doulgas Carman, Esq.
    (b) Book Review - The New Americans: How The Melting Pot Can
    Work Again by Fred Foldvary for the Foundation For Economic
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) CRS Report On US Border Patrol
5.  Classifieds:
    (a) Help Wanted: Immigration Attorney
    (b) Help Wanted: Immigration Paralegal
    (c) Case Management Technology
    (d) Credential Evaluation
6.  Headlines:
    (a) Arpaio To Be Investigated Over Alleged Violations
    (b) Immigration Officials To End Enforcement Of 10-year Visa
    (c) A Hiring Bind For Foreigners And Banks
    (d) NC Sheriff Keeps Immigration Stance
7.  ComingsNGoings:
    (a) Immigration Event - Denton, TX
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) David D. Murray, Esq.
    (c) John Henderson
    (d) Robert Yang
    (e) Robert Gittelson


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Senate Ready For CIR

Procedural maneuvering in the Senate over the last installment of
the Fiscal 2009 appropriations bill sends clear signals for those
who want to read them that the necessary Senate votes exist for
CIR. Here's the story in brief.

As part of the Senate compromise on proceeding with the vote on
the Fiscal 2009 appropriations, held over from the Bush era, the
minority party was granted votes on a dozen amendments to the
House's bill HR 1105. One of those amendments was Mr. Sessions'
- number 605 - to extend E-Verify for a period of four and a half
years beyond the underlying bill. Since E-Verify is crucial to
the anti-immigration lobby, it is necessary for the proponents of
immigration to hold it over as a bargaining chip when the time
for CIR arrives, perhaps in late summer. However, when Mr.
Sessions' amendment was brought to the floor, Mr. Leahy, Chairman
of the Judiciary Committee (which will mark up CIR and other
immigration bills) made a motion to table the amendment (in other
words, to kill it without a direct vote on the amendment). This
motion was agreed to by a vote of 50 yeas to 47 nays.
Put another way, the anti-immigrant lobby was defeated by 2 votes
(n.b. not 3 votes, since a two vote switch would have changed the

However, the real story behind this victory is more interesting,
and its portents even more so. Here is the first part in the
words from the principal anti-immigration lobby, NumbersUSA:

"If you were watching C-SPAN during the vote, you
probably noticed something odd about the 7 Democrats who voted
with us, casting a NO on tabling the E-Verify amendment. That is,
most of the 7 (maybe all) first voted YES. But at the end, they
huddled with Reid's leadership team and began changing their
votes to a NO. What was going on was that Sen. Reid was demanding
almost absolute discipline from his Democrats.  The ones who felt
like they needed to vote NO on our side let Reid know ahead of
time, but most of them consented to vote YES if Reid required it
of them.  Thus, nearly all Democrats initially voted YES (to kill
the E-Verify amendment). Then, once Reid knew exactly how many
YES votes he could give up and still have 50, he began allowing
some of the Democrats to vote NO."

What this means is that when time comes for the crucial cloture
vote on CIR, Mr. Reid has the support of his caucus, even if they
disagree on the underlying bill. Usually, majority leaders
possess that support, but Mr. Reid's record has been very spotty,
particularly on immigration. However, in recent weeks, he has
valiantly stood up to the anti-immigration lobby, and his
performance on this appropriations bill was competent.
Furthermore, many of the usual champions of immigration in the
Republican party will vote for cloture for CIR, lessening Mr.
Reid's reliance on the few Democrats who might defect.

We understand that it is the Democratic leadership's plan to now
move on to health care reform (with a possible detour into yet
another stimulus bill to come), and after that to take up
immigration reform. Certainly the Senate appears ready, the House
leadership continues to be lukewarm (Ms. Pelosi's recent
statements on immigration have been markedly less enthusiastic
than Mr. Reid's), however the House is unlikely to drop the ball
if the Senate drops a bill in the House's lap. While many believe
that concerns about the economy may hold up immigration reform,
Congress has now postponed action on immigration for so long that
no further deferral is politically possible or wise.

As they struggle through their thankless tasks every day,
immigration advocates may want to bear in mind the old saying -
the darkest hour is the one before dawn. Stay tuned!

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

Today Is Deadline For H-1B For Beginners

Today is the deadline to sign up for the March 12th phone session
of "H-1B For Beginners" with speakers: Russell C. Ford, Loan T.
Huynh, Cora D. Tekach and Roger Tsai (discussion leader Karen
Weinstock). The  curriculum is as follows:

++History and overview of the labor condition application
++Basic Requirements of the LCA
++Wage and benefit issues
++Prevailing wage issues in the H-1B and Labor Certification
++What is the difference between actual vs. prevailing wages?
++What is a Public Access File and what documents are included in
++What documents are required to be maintained for public viewing
versus audit?
++What is Benching: Maternity Leave vs. License?
++When does the payment of wage obligation begins?

Don't wait to register. Wednesday, March 11th is the deadline!
For more  info, including speaker bios, detailed curriculum, and
registration information, please see: Online:
Fax form: http://www.ilw.com/seminars/200904.pdf

(a) Current Trends In The Adjudication Of Waivers Of The Foreign
Residence Requirement Under INA Section 212(e) On The Grounds Of
"Exceptional Hardship" To A U.S. Citizen Family Member

Doulgas Carman, Esq. writes "Due to recent changes in the USCIS
procedure for adjudicating hardship and persecution waivers of
the foreign residence requirement of 212(e), it now seems a
timely exercise to address this subject and provide practitioners
with some information on current trends."

(b) Book Review - The New Americans: How The Melting Pot Can Work

Fred Foldvary for the Foundation For Economic Education writes
"This is an excellent book both for information on the sociology
of immigrants and for the policy implication that we need not
fear any loss of American cohesion even with large amounts of

(c) Bloggings On Immigration Law And Policy

Greg Siskind writes "Here are a series of ideas for modifications
to the H-1B program that will strengthen the US economy and cut
down on the number of applications approved for firms that have
been the subject of the harshest criticism. "

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

(a) CRS Report On US Border Patrol

The Congressional Research Service released a report on border
security and the role of the US Border Patrol in it.

(a) Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of Chief Counsel (OCC) seeks
experienced attorney with 2+ years demonstrated experience in
immigration law or related experience for the Legislative Counsel
Division. Function primarily involves proposed changes to the
immigration laws, it also includes legislation on the subject of
appropriations, public benefit programs, Federal personnel law,
and any other matter affecting the operations of USCIS as a
Federal agency. Applicants must possess JD degree, be active bar
member (any jurisdiction), and have 2+ years of post-JD
experience in immigration law. For more info, key in Job
Announcement Number: COU-CIS-2009-0003 at USAJobs.com.
Submit a resume, cover letter + writing sample (max. 10 pps.) to:
Philip B. Busch, Legislative Counsel, USCIS Office of the Chief
Counsel at mailto:Philip.Busch@dhs.gov. Must be sent by 5pm, EST,
Friday, March 13, 2009. Position is at the GS-13/15 levels. No
relocation reimbursement available.

(b) Help Wanted: Immigration Paralegal
Roseland, NJ - Fox Rothschild LLP
has an opening for an immigration paralegal. The ideal candidate
will have 5+ years of employment based immigration paralegal
experience. Experience must include preparing and filing full
range of employment-based applications, independently conducting
research, analyzing legal resources, maintaining document files
and case docketing. Must be team player, detail oriented and
possess excellent communication, writing, organizational and
computer skills. Will consider Bachelor's degree, Associate's
degree, or paralegal certificate and 5 years of experience or 10
years of comparable work experience. Please apply online at

(c) Case Management Technology
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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
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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.

(d) Credential Evaluation
Do not order a foreign credential evaluation until you read this.
click here http://www.thedegreepeople.com Career Consulting
International, offers credential evaluation of your non-US
degree. Fast service at low prices. Mention Immigration Daily to
receive 3-day rush service at no extra cost (reg. price $70, rush
service $70 = savings of $70). H1B and I-140 specialists.
Evaluations of 4 year degrees (72hr. rush service) only $70.00.
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http://www.thedegreepeople.com/testimonials.html to see more
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6.  Headlines

(a) Arpaio To Be Investigated Over Alleged Violations

The U.S. Justice Department has launched a civil-rights
investigation of the Maricopa County Sheriff's Office after
months of mounting complaints that deputies are discriminating in
their enforcement of federal immigration laws.

(b) Immigration Officials To End Enforcement Of 10-year Visa

U.S. immigration officials have agreed to let foreign athletes
keep playing in the country as long as they leave after 10 years
and apply for a new visa, reversing a policy that restricted
players' service here to a decade.

(c) A Hiring Bind For Foreigners And Banks

What could be worse than graduating from an American business
school this year with an interest in banking?

(d) NC Sheriff Keeps Immigration Stance

A North Carolina sheriff says he'll continue to use a
controversial program that allows deputies to report suspected
illegal immigrants after they're arrested on other charges.

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 - Denton, TX
March 12 - University of North Texas presents a conference
"Perspectives on Immigration: Strategies for the 21st Century"
For more info, see here:

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

(a) Dear Editor:
I entirely agree with Robert Yang's letter's attack against Chia-
Li Sung's bigoted and intolerant letter of March 10. However, I
apologize for misspelling Ms. Sung's first name. It seems to be
typical of some first or second generation immigrants who have
"made it", whatever their ethnicity, to engage in indiscriminate
attacks on other immigrants who are not so fortunate, even though
the people who have to struggle to come to and survive in this
country are the ones who are more typical of the American dream
than those who may be enjoying a life of wealth and privilege.
Ms. Sung's letter sounds more than one very sour note. It is
completely out of tune with everything America stands for.
Roger Algase, Esq.                 New York, NY

(b) Dear Editor:
I was certain there would be a tirade of repugnance over Chia-Li
Sung's letter (03/10/2009. However, I continue to stand by my
former recognition of the brutal honesty Ms. Sung exhibits in
calling a spade a spade. The letter is statistically right - and
this scares people. Ms. Sung's letter is reality not racist. One
is not prejudice simply because they see and vocalize reality.
Political correctness and liberal attitudes do not change
reality. America needs immigrants, but not dregs on society. The
only way to achieve that is through regulation. This is about the
rule of law, not race. What part of the rule of law people who
violate immigration laws do not understand? Including, and
especially employers, who are the real culprits and cause. ICE
just can't win - criticized for not doing their job for over 20
years, and rightly so - criticized for doing their job, as
required by IRCA. There simply is no basis (other than a bleeding
heart) for Robert Yang's letter's assertion (03/11/2009 ID) that,
"It's time for us to call to give these human beings we call as
"illegal"... a dignity and legal status to enable them to pursue
American dreams..." Where is that engraved in stone and just why
does America has a duty to give these law breakers a reward of
any kind? America must secure its borders against all forms of
law breakers, terrorists and illegal aliens alike, but building a
700-mile fence and brutal vigilante action is not the answer.
America must pass and enforce unbiased laws that are good for
America, not special interest groups. This begins in the
workplace. Fine the violating employers, big time, and put their
company owners and presidents in jail. Hire Americans - now!
David D. Murray, Esq.                 Newport Beach, CA

(c) Dear Editor:
In response to Roger Algase's letter (03/11/09 ID) regarding a
slew of topics, but I would like to address Baraka Husein Obama's
alleged U.S. citizenship.  Occam's Razor suggests to the critical
mind that the simplest answer is the most likely to a question
with multiple possible answers to a question that is essentially
unanswerable without additional information.     In the case of
the Obama birth certificate, or to be more accurate, the abstract
of the Obama birthcertificate that has been released to the
public, Occam's Razor applies, or actually the Doyle Corollary to
Occam's Razor.     Sir Arthur Conan Doyle is, of course, known to
all for his novellas and short stories involving Sherlock Holmes.
And it is Holmes that gives us the answer to the Obama
citizenship, to whit the dog that did not bark.  The simplest
answer is that information is being withheld from all persons
involved in this debate.  Namely the original Obama birth
certificate.  Since the State of Hawaii issues birth certificates
to those not born in the State of Hawaii but who have at least
one parent who was a resident of Hawaii anytime in the last year.
Therefore, the question of Obama's cizenship cannot be answered
until the original birth certificate is issued.  Therefore we
arrive at the dog that did not bark as the simple solution to the
problem: the unreleased birth certificate and why Obama will not
release his original birth certificate.  The simplest solution is
that he has something to hide.  There is something that will hurt
him on that birth certificate.  And that can only be that he was
not born in Hawaii.
John Henderson

(d) Dear Editor:
With economy in recession and many Americans are out of work,
many will blame illegal immigrants as convenient scapegoats
instead of trying to see that greed, corruption, manipulation and
speculation in the Wall St. that cause it, and the government
still care more and busy to bailout the bankers who stole our
pension and investment and bankrupt this country instead of We
the People, despite plenty promises of "change" in the campaign,
but it seems as "business as usual or more of the same". And we
still waste hundred of billions dollar in Iraq and Afghanistan
where the governments and the people still don't understand and
accept the concept of equal rights for all, the universality of
human rights and religious freedom for all faiths including the
rights to change religion and to be an atheist that should be
protected. The Iceland has collapsed, we and the UK and many
countries in Europe are in huge debt and deficit, and many
nations on this planet are drowning also in debt because of the
global banking cartel manipulation to enrich the few elites. In
this difficult times many have become selfish and encourage more
protectionism, but as reminder protectionism will breed counter
protectionism and trade wars and even real wars. The only answer
for ending the human suffering is by ending the manipulation of
global banking, trade and political system to benefit the few and
to think and act about sustainable policies that will enhance the
humanity to resolve our common challenges.
Robert Yang

(e) Dear Editor:
While I will admit that I have probably been among the most
outspoken critics of the letters of Jim Roberts, it is possible
that I might have noticed a narrow pathway toward recognition of
common ground in his letter of 0(3/11/09 ID).While I certainly
can agree with his letter's call for "macro" solutions, I would
suggest that to actually get somewhere positive in this column,
and start to build some consensus, we would need to start with
"micro" agreements.  Any sensible CIR has to deal with certain
realities. The CIR bills have to date, and certainly will in the
future, advocate for much of what Mr. Roberts' letter calls for.
Post CIR, more enforcement will be a good thing. We agree on
that. We can agree on tighter borders right now. Better visa
tracking will certainly be a part of any CIR. I can agree that we
do not want any undocumented immigrants, post CIR. We can agree
that lower entry numbers make sense now. However, as we will need
more legal immigrants to fuel economic growth at some point in
the not too distant future, perhaps we can agree that entry
numbers should be variable, based on factual data at the cabinet
level. As to the undocumented already here and contributing to
society, I say, through CIR, we can keep the goods ones, and
deport the bad ones. Without CIR it is almost impossible to do
so,  and is economically unfeasible. Deporting 12 million people
isn't going to happen. CIR probably is. To ignore that reality
is, in the letter's words, "obtuse." I know that we can agree on
certain issues, so let us begin by starting out with some
fundamental agreements, and then we can discuss how to shape some
realistic solution.
Robert Gittelson
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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