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

March 10, 2009


1.* Comment: Top Links February 2009
2.* Focus: PERM For Experts
3.* Articles:
*** (a) Walking The High Wire Without A Net - The Lawyer's Role
*** In The Labor Certification Process by Gary Endelman and Cyrus
*** D. Mehta
*** (b) Debunking The Myth Of Santuary Cities: Community Policing
*** Policies Protect American Communities by Lynn Tramonte for
*** the Immigration Policy Center
*** (c) Bloggings On PERM Labor Certification by Joel Stewart
4.* News:
*** (a) USCIS Amends Guidance on Parole Request Processing By
*** Cuban Nationals
5.* Classifieds:
*** (a) Help Wanted: Immigration Attorney
*** (b) Help Wanted: Immigration Paralegal
*** (c) J-1 Visa Program
*** (d) CLE Immigration Event
6.* Headlines:
*** (a) Legislation Would Give Judges More Room To Protect
*** Families
*** (b) Houston Immigration Court Sees Spike In Cases
*** (c) Feds Seek Break For Rogue Immigration Official
*** (d) Authorizing State And Local Enforcement Of Federal
*** Immigration Laws
7.* ComingsNGoings:
*** (a) Immigration Event - Washington, DC
8.* Letters From:
*** (a) Merrill Clark, Esq.
*** (b) David D. Murray, Esq.
*** (c) John E. Shorkey, Esq.
*** (d) Honza Prchal, Esq.
*** (e) Sergi Sheplov
*** (f) Robert Yang
*** (g) Rossi LeClaire
*** (h) Chia-Li Sung
*** (i) Cornelio Bolayog


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Top Links February 2009

We feature the most accessed links by our readers in February
2009 below:

Top five February Immigration Daily Articles

++Impact Of Satyam Scandal On H-1B Employees by Danielle Rizzo
++ The Path Less Taken: Is There An Alternative To Waiting For
Comprehensive Immigration Reform? by Gary Endelman and Cyrus D.
++The Untold Story Of American Workers Vs. Illegal Immigration by
William Gheen of Americans for Legal Immigration PAC
++Hello, I Love You, Won't You Tell Me Your Name: Inside the Green
Card Marriage Phenomenon by David Seminara for the Center for
Immigration Studies
++Matter Of Silva-Trevino: An Update On Crimes Involving Moral
Turpitude by Patricia S. Mann

Top five February Immigration Daily Items

++USCIS Announces 100,000 Employers Use E-Verify
++ETA Releases PERM FY 2009 Statistics
++DHS Secretary Napolitano Issues Immigration And Border Security
++DOJ Announces MultiState Arrests For Visa Fraud
++USCIS Responds To CIS Ombudsmans's Recommendations On USCIS EAD
Processing Delays

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

PERM For Experts

PERM For Experts is a 3-part telephone seminar featuring Michelle
Funk, Pamela Genise, Sheela Murthy, Devang M. Shah and other
speakers to be announced (Aron Finkelstein, discussion leader).
The curriculum is as follows:

FIRST Phone Session on March 11:* ETA-9089 Denials

++ Denials based on two types of errors

++ DOL errors
++ Error on form
++ Typographical error (non-substantive)
++ Transposing date/s of advertisements
++ Transposing wage information:* $50,000/year -> $50,000/hour
++ Mistake / Omission (substantive)
++ Failure to check "yes" to H.8 (Is alternate combination of
education / experience acceptable)
++ Failure to include "magic" language ("any suitable combination
of education, training or experience is acceptable")
++ Requests for Reconsideration
++ DOL error v. Mistake / omission
++ How to request reconsideration
++ Reconsideration Processing Time/s
++ The general processing timeframe for reconsideration requests
++ Is expedited processing available for DOL error-based denials?
++Is this available for employer / representative errors
(mistakes / omissions)?
++ Withdrawal/s
++ When is withdrawal permitted?
++ When is withdrawal done?
++ Strategies for appropriate timing of withdrawals

*SECOND Phone Session on April 1: Drafting a Proper ETA-9089

++ Foreign degree equivalencies (3-year Indian degrees)
++ Using the "magic" language
++ Flexible minimum requirements
++ Anticipating business necessity
++ Specific Vocational Preparation (SVP)
++ Job Zone/s
++ Wage issues
++ Wage ranges
++ Is the SWA reliable
++ Using Level I/II/III/IV if worksheet differs
++ Does safe harbor exist
++ Alternate wage surveys
++ PERM regulations/ FAQs:* liberal v. conservative
++ Is GAL 2-98 still relevant

*THIRD Phone Session on May 6: Predictions for the Future

++ Using the new form
++ Advanced form changes and implementation
++ Incorporating "magic" language
++ Auditing compliance files
++ Close of businesses
++ Filing PERM in a bad economy
++ Potential for more supervised recruitment
++ Second audits requesting resumes
++ Potential delays in DOL processing times
++ Change/s in circumstances
++ Company merger/s
++ Position/s open at time of filing but closed at time of audit
/ decision
++ Unanticipated work location/s v. client-site/s
++ Change of work location/s
++ When to expect things to begin moving again

Don't wait to register, Tuesday, March 10th is the deadline.
For more info, including speaker bios, detailed curriculum, and
registration information, please see:
Online: http://www.ilw.com/seminars/200907.shtm
Fax form: http://www.ilw.com/seminars/200907.pdf

(a) Walking The High Wire Without A Net - The Lawyer's Role In
The Labor Certification Process

Gary Endelman and Cyrus D. Mehta write "Through this analysis,
the authors will highlight the divergence that may arise between
the employer and the foreign national worker, as well as the
ethical conflicts that may be encountered by the lawyer while
seeking to zealously represent a client in navigating through the
DOL's artificial and contradictory recruitment procedures."

(b) Debunking The Myth Of Santuary Cities: Community Policing
Policies Protect American Communities

Lynn Tramonte for the Immigration Policy Center writes "More than
50 cities and states across the country have adopted policies
that prevent police agencies from asking community residents who
have not been arrested to prove their legal immigration status.

(c) Bloggings On PERM Labor Certification

Joel Stewart writes "To qualify for 2nd Preference, aliens have
to have PERM cases filed for occupations classified as Zone 4 or
Zone 5 on the O*Net."

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

(a) USCIS Amends Guidance on Parole Request Processing By Cuban

USCIS Office of Field Operations Chief John M. Bulger released
amendments to the March 4, 2008 guidance to USCIS Field Offices
on the processing of initial parole requests presented by natives
or citizens of Cuba who are present in the US without having been
inspected. For the February 3, 2009, USCIS Bulger memo, see here.
For the the February 4, 2009, amended guidance memo, see here.

(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
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) J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global
Current, a service of AIESEC U.S., a leader in international
exchange and professional training for over 50 years. Unlike
other visas, the J-1 does not require a lengthy petitioning
process, has few restrictions and can be processed at any time of
year to facilitate the quick and simple implementation of an
Exchange Visitor Program. Global Current has developed a
streamlined sponsorship process supported by J-1 experts that
allows us to maintain an unrivaled 48 hour turnaround time on
complete applications. Global Current provides J-1 Trainee and
Intern programs in a variety of occupational categories including
law, engineering, finance, architecture, graphic design,
marketing and fashion. For more information on eligibility
requirements and a complete list of occupational categories,
visit www.globalcurrentexchanges.org
or email Melany Hamner at

(d) 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) Legislation Would Give Judges More Room To Protect Families

is time to reject the brutalizing, anti-immigrant policies of
the previous administration and create policies that respect
individuals, families and our moral and religious traditions
that urge us to welcome the stranger.

(b) Houston Immigration Court Sees Spike In Cases

The number of cases in Houston's immigration court climbed by
roughly 40% over a 5-year period while the number of immigration
judges in Texas stayed flat.

(c) Feds Seek Break For Rogue Immigration Official

Federal prosecutors are recommending two years behind bars for a
former senior immigration official scheduled to be sentenced

(d) Authorizing State And Local Enforcement Of Federal
Immigration Laws

The Immigration and Nationality Act, as amended during the Obama
Administration, authorizes the federal government to enter into
partnerships with state and local law enforcement agencies to
train officers to assist in identifying those individuals who are
in the country illegally.

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 Migration Policy Institute is pleased to invite you to:
Asylum in the European Union: A discussion with Judith Kumin,
Director of UNHCR's European Union Liaison Office. Thursday,
March 12,* 2009, Time:* 9:30-11:00 am* (A light breakfast will be
available.), MPI Conference Room, 1400 16th Street, NW, Suite
300, Washington, DC. To RSVP, see:
For questions, contact events@migrationpolicy.org
or 202-266-1929.

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

(a) Dear Editor:
An amnesty may happen. President Obama has called for a dialogue
of suggestions of how to implement an amnesty. I think ILW.com
would be the perfect venue to put up suggestions that could be
reviewed.* Please let's make appropriate suggestions, i.e. rant
free. Let me start. 1. Have USCIS give interview times by
attorney rather than by client so that clients are grouped
together by attorney.
Merrill Clark, Esq. NY, NY

(b) Dear Editor:
Jim Roberts's Letters to the Editor of ID have most apparently
sprinkled fairy dust over every issue discussed, making some
outrageous claims, supported by little, no, or questionable
supporting evidence. Instead of focusing and intelligently
commenting on immigration, Mr. Roberts's letters seem to have
consistently bashed credible differing opinions and have so often
digressed into irrelevant fringe issues; it is getting a bit
tiresome.* I can no longer hold my tongue - Jim Roberts's
letters' flights of fantasy peaked in 03/05/2009 ID, claiming
America's duly-elected president is not a US citizen, citing the
fanciful, and perhaps delusionary, opinion appearing on JR
Dieckmann's website. Mr. Dieckmann, apparently the editor,
publisher, writer and webmaster of what appears to be an ego-
driven, ultra-conservative internet publication that might be
compared to the "Enquirer"" and having just about as much
credibility. Reliable? It seems through his website, Mr.
Dieckmann disseminates his own brand of personal and clearly
self-righteous, narrow-minded, bigoted right-of-right-wing view
of the world and the nation we live in, with wild and unbridled
abandon. Apparently respecting his credibility, Mr. Roberts's
letter seemingly takes that position that Mr. Dieckmann has all
the authoritative answers. So, I wonder why he isn't the
president. Perhaps between his day job as an electrician (yup,
just an ordinary Joe, just like you and me - gosh, it's shades of
Sara Palin, by jiminy!), and his webmastering, Mr. Dieckmann is
too busy. I suggest he not quit his day job, and while these are
great credentials, no doubt accompanying a great and highly
educated mind, I wonder if his opinions on the citizenship of
Barrack Obama are worthy of serious consideration? I don't think
so. Let's stop the nonsense. We know the immigration system is
broken. Now what can be done to make it better for America?
David D. Murray, Esq.** Newport Beach, CA

(c) Dear Editor:
Robert Eckerson's letter appropriately pointed out that
Cancellation of Removal for illegal aliens in proceedings
pursuant to traffic stops does not have a high percentage success
rate (because of the hardship standard required). In rebuttal, I
say that it may still be better than nothing, and can get them a
work authorization (and social security number). If there are US
citizen family, they have at least a prima facie case for
cancellation, and the individual hearing may be a year or two
later. Meanwhile, the law can change, the hardship picture can
change, maybe their chances will improve. I remember in 1996 when
we all were scrambling to get qualifying suspension candidates
into proceedings because it was their best chance at immigration.
It's pitiful that attorneys have to find such a dim bright side,
but any hope is better than none, and I'm not real encouraged by
the lack of progress on CIR, despite pious campaign promises. The
75% of the Latino vote that went to Obama may be reflective that
they were fooled by Obama, or that immigration isn't really an
important issue among Latin-American voters. It would surprise me
greatly if it were the latter, and, if the former is not true,
then let's giterdone.
John E. Shorkey, Esq.

(d) Dear Editor:
Mr. Murray's 03/06/009 ID letter to the Editor asked us to come
up with solutions to our immigration problems. On March 9th
several readers bemoaned the lack of proposals. I'd retread one
of my own - significantly lowering the cost of an investment visa
and simply allowing the purchase of citizenship for non-dangerous
immigrants for a high but non-insurmountable, say $50,000.00 fee
payable by a lender (even, dare I say, an employer) or an
immigrant and point again to Mr. Yang's letter's excellent
suggestion of having tourist visa bonds put forward by tour
agencies for people coming here to prevent overstays. In both
situations, the solution is revenue positive for a government
seemingly swinging at every possible fence at once and it if far
easier to administer than the crazy quilt of programs and
regulations most people come here under now.
Honza Prchal, Esq.* Birmingham, AL

(e) Dear Editor:
I think history has shown us that under conditions where labor
regulations and immigration law worked hand in hand to allow a
flow of "legal" temporary workers to take jobs in an expansion of
the economy we saw less illegal immigration, and far less
migration of the nuclear family with the worker. Its far cheaper
to keep wives and children in the sending home country.* Clamping
down on the border ignores the reality that nearly 1 in 10
families now is "mixed status". Families make one trip instead of
sending just the income earner because its become increasingly
difficult to safely transit the border. NAFTA and farm subsidies
have contributed to wholesale gutting of Mexico's economy
resulting in a pressure on our border that we never had before.
Interior enforcement efforts have overwhelmingly burdened the
taxpayer by creating a prison for profit system that simply
siphons off money that could be better spent elsewhere.
Enforcement only efforts as a result of lack of Congressional
action have ignored the problem's complex nature. I'm deeply
concerned if we have 12 million illegal aliens, we also have 4
million affected US Citizen children who will be victims. We
should plan for those individuals who have a future immigration
benefit via a relationship with a US Citizen nuclear family
member. Creating a legal channel for mixed status families,
workers when the economy is expanding, and programs that promote
economic wellness in key sending countries will go a long way
towards reducing future flows. We should stop the enforcement
madness immediately. While we "export democracy" on the one hand
we increasingly look like a police state, with* the highest per
capita incarceration rate on the planet. Prison Population
expanison is not the place we should* "lead the world".
Sergi Sheplov

(f) Dear Editor:
What's wrong with "benefiting" from cheap labor? The nativists
here should stop buying cheap imports made by near slavery labor
in Bangladesh, Cambodia or China if they feel they're so noble
and care about human and labor rights. Ones can't preach to
others, on something they don't do, it's called as hypocrisy. We
want to outlaw foreign labor coming here, fine, but shall we make
laws to make buying imports also as illegal and a "crime"? Laws
should be made to protect universal justice, equal rights and
human rights not to serve selfish special interests for selfish
purposes, such as discouraging open competition, free trades and
to establish protectionism. Airline tickets won't be cheaper
without internet and computer technology, and we have to book
everything ourselves even print our own boarding passes, on the
downside it means more manual jobs have been outsourced to
automated system instead. Our lunch and dinner are still
affordable because they're "illegal" Mexicans dishwashers and
Chinese cooks to do the jobs for less. We can buy a nice pair of
jeans and decent laptops because there ones in China and or
Guatemala are willing to make them for us for much less and we
save money because they are willing to work for cheap. Since the
beginning of the humanity, working didn't require "authorization,
visas, permits and so on", willing employers, willing employees,
that's about it. Today, we make it much more complicated just
because of politics of nativism to make self serving individuals
happy because they know they don't have to earn it by working
harder or posses more skills over others but rely on their
politicians to make competition illegal. Shame.
Robert Yang

(g) Dear Editor:
Thank God someone spoke for me, thank you whom ever wrote that
comment God Bless you (03/09/09 ID). I have seen the faces of
those families.* It is very sad.* I hope someone from the
government listens.****
Rossi LeClaire

(h) Dear Editor:
What does ICE stand for? Immigration and custom enforcement (see
03/09/09 ID comment). Don't you understand that they are supposed
to chase those who came here illegally out this country, that's
what exactly the taxpayers paid them for.* These illegals from
mexico and the rest of the third world have turned more and more
towns and cities in this country into ghettos and dumps simliar
those found in mexico, columbia, ...etc...has one not heard about
the kidnapping cases in phoenix by the latino gangs and drug
cartels? has one not heard about the tens of thousands of
innocent american citizens killed by druken drivers, burglers,
women raped by illegal aliens with long string of rape records?
and tell me these crimes are not about homeland security?
Uneducated, illiterate, ignorant people are coming in not only
abusing public resource like there's no tomorrow, they keep
having anchor babies after anchor babies and expect the american
citizens to pay for everything. I welcome anyone to come look at
how dirty, deafeningly* loud,* run-down and dangerous some part
of new york that are in the latino neighborhoods. These people
don't care how they are costing our country billions of dollars
so they, who broke the law to come here illegally, could enjoy
the "human rights" at th cost of the law abiding, tax paying
american citizens.*****
Chia-Li Sung

(i) Dear Editor:
Many anti-immigrant americans complain of undocumented immigrant
workers accepting low wages thus resulting in unfair competition
in the job market.* They are even blamed them for the downward
trend of pay rates to very low levels. Solution?* Regularize
these workers so they can join the unions. Surely, they'd rather
have $18/hr instead of $8/hr.* Another complaint is they are
draining the welfare coffers of the federal government by
becoming a social burden.* Solution?* Legalize them so they can
pay ss/medicare and income taxes.* If 10 million undocumented
workers pay payroll and income taxes and property taxes, that
would be billions of dollar going into government coffers.
Terrorists, druggists, smugglers, criminals, be they citizens or
immigrants have there place in jail.* But hardworking people
seeking the american dream should be treated with respect and
dignity.* America is a nation of immigrants.* Even native
americans have accepted the presence of immigrants in this land.
But many have forgotten that our ancestors came from other lands
in search of the american dream.*
Cornelio Bolayog
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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