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

February 25, 2009


1.  Comment: Revolutionary Solution
2.  Focus: Deadline Is Wed, Feb 25th For Investor Options For
3.  Articles:
    (a) The Path Less Taken: Is There An Alternative To Waiting
    For Comprehensive Immigration Reform? by Gary Endelman and
    Cyrus D. Mehta
    (b) Ten Common Tax Return Errors Foreign Nationals Should
    Avoid by Paula N. Singer, Esq.
    (c) Immigrants Of The Week: Harri Kulovaara, and Hugh Jackman
    by Greg Siskind
4.  News:
    (a) CRS Report On The H-2A Program
5.  Classifieds:
    (a) Position Sought
    (b) Help Wanted: Immigration Attorney
    (c) Help Wanted: Immigration Attorney
    (d) Website Services
    (e) Credential Evaluation
6.  Headlines:
    (a) Immigration Advocates Slam Last-Minute Mukasey Rule
    (b) San Franciscans Get A New ID Card Program
    (c) Closed Door Politics
    (d) Indian Firms, Microsoft Top H-1B List
7.  ComingsNGoings:
    (a) Immigration Event
8.  Letters From:
    (a) Jim Roberts
    (b) Paul Good


Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
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Revolutionary Solution

The central assumption of immigration advocates is that only
Congress can ameliorate the immigration crisis. Whether it is
inadequate quota numbers - both family and employment, or the
absence of options for "other worker" temporary visas, or
anything else, it has long been presumed that only Congress can
remedy the situation. Today's Featured Article, "The Path Less
Taken: Is There An Alternative To Waiting For Comprehensive
Immigration Reform?" by Gary Endelman and Cyrus Mehta questions
the "only Congress can solve this" supposition. The article
argues that there is ample room in the Immigration and
Nationality Act, for the Executive Branch, acting alone and
without Congress, to take decisive curative action. The key is to
separate permanent residency from the two critical benefits that
flow therefrom - legal work authorization and ability to travel.
Both of these benefits can be made available, by Executive fiat,
to millions of immigrants - both present and future, immediately,
without any act of Congress. Once these benefits are in hand,
Congress can grant permanent residency and citizenship, when the
time is propitious, without being held hostage by the anti-
immigrationists. This article explores how the once-unthinkable
can be achieved lawfully through the enlightened use of President
Obama's and Secretary Napolitano's inherent discretionary
authority under the current statutory regime. We urge all those
involved in immigration advocacy to take a close look at the
intellectual ammunition in this article to chart a new path to
the promised land of immigration benefits. To read the Article,
see here.

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

Deadline Is Wed, Feb 25th For Investor Options For Beginners

Wednesday, Feb 25th is the deadline for "Investor Options For
Beginners" a 3-part telephone seminar series, featuring Edward
Carroll as discussion leader and Robert Gaffney, Barry Gleen,
Carolyn Lee, Susan Pilcher, Richard Sindelar and other speakers
to be announced. The curriculum is as follows:

FIRST Phone Session on February 26: Options for Entrepreneurs
++ H-1B - Beneficiary Ownership
++ L-1 & E-2 - A Comparison
++ LPR - Extraordinary Ability
++ LPR - Multi-National Executives and Managers

SECOND Phone Session on March 26: Comparing E-2 and EB-5
++ Amount of Investment
++ Type of Investment
++ Employment Creation
++ Source of Funds
++ Risk
++ Involvement of the Investor
++ Timing

THIRD Phone Session on April 30: EB-5: Individual v. Regional
Center Cases
++ Commercial Enterprise
++ Employment Creation
++ Management / Role of Investor
++ Amount of Investment
++ Source of Funds
++ Removal of Conditions

Don't wait to register, Wednesday, February 25th is the
deadline. For more info, including speaker bios, detailed
curriculum, and registration information, please see: Online:
http://www.ilw.com/seminars/200906.shtm. Fax form:

(a) The Path Less Taken: Is There An Alternative To Waiting For
Comprehensive Immigration Reform?

Gary Endelman and Cyrus D. Mehta write "For the past twenty-five
years, the Visa Office in the State Department has employed a
more flexible mechanism to ensure a smooth and regular allocation
of immigrant visas known as the "qualifying date"."

(b) Ten Common Tax Return Errors Foreign Nationals Should Avoid

Paula N. Singer, Esq. writes "Many foreign nationals submit
incorrect tax returns (or do not submit at all) because of lack
of awareness of the different rules that can apply to foreign
nationals' returns."

(c) Immigrants Of The Week: Harri Kulovaara, and Hugh Jackman

Greg Siskind celebrates the achievements of these immigrants.

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

(a) CRS Report On The H-2A Program

The Congressional Research Service released a report on the H-2A
Program and the DOL's proposed February 12, 2008 changes in
the Adverse Effect Wage Rate (AEWR).

(a) Position Sought
JD, with 10 years experience in business immigration, available
to draft and consult on complex RFE responses, MTR's, EB-1 (all
subcategories), EB-5, E-1, E-2, H-1B, L-1, O-1, NIW, PERM and TN
matters on a project basis. Additional specialization in
inadmissibility waivers, paralegal training programs, and legal
research.  Competitive hourly or flat fees.  References available
upon request. Please contact mailto:immigrationinsight@gmail.com
for additional details.

(b) Help Wanted: Immigration Attorney
Redmond, WA - Are you ready to make a significant impact on an
industry leader? Would you like to have the ability to contribute
to the success of many businesses and products in the technology
arena as well as make a positive impact on individuals and their
families' lives? If you do, come join us at Microsoft as a US
Immigration Attorney. We are a diverse and global company that
makes a significant positive impact on 600 million plus customers
worldwide. The Microsoft Corporation Legal & Corporate Affairs
Global Migration department plays an integral role in helping
hiring managers and recruiters hire and on board the best and
brightest. If you are ready to make a difference and learn and
grow in the US Immigration arena, we offer an opportunity like no
other. This position requires excellent academic credentials, 4-6
years experience in all NIV business visas, labor certifications,
and other business-related immigration matters. Strong case
management, customer facing, communication and writing skills
required. Full relocation package offered. To view detailed job
description and apply, see here.

(c) Help Wanted: Immigration Attorney
Beverly Hills, CA - Busy immigration law firm has immediate
opening for experienced, hard-working and creative self-starter.
Candidate must be able to thrive in challenging, trial-oriented
environment where deadlines are critical, must be active bar
member (any jurisdiction), and have experience in handling
nonimmigrant business and/or NIV visas and consular practice,
PERM, family, removal proceedings, as well as BIA and Circuit
Court Appeals, and federal litigation. Must have following:
demonstrate quick analytical ability and facility to articulate
critical issues in case; have superior oral and writing skills,
strong research and interpersonal skills, and good judgment;
possess excellent courtroom skills and exhibit ability to work in
professional manner with others, demonstrate computer literacy
skills. Expected to do own legal research and writing and to be
substantially self-sufficient in preparing day-to-day
correspondence/pleadings. Occasional travel required; bilingual a
plus, but not essential (spanish or korean) No relocation
reimbursement. Send cover letter, resume, + writing sample (max.
10 pps. in MS Word or Adobe PDF format) to

(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.

(e) Credential Evaluation
Do not order a foreign credential evaluation until you read this.
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.
Also 3 year degrees combined with PGD, second degrees, or work
experience. Pay online. Toll-free fax/phone numbers. Our clients
say it better than we do: "I don't know what to say but you
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documents. You helped me in a difficult situation and through
extensive research you were able to get results that other,
"bigger" agencies were unable to achieve".
to see more testimonials. Free consultation. Call today toll free:
6.  Headlines

(a) Immigration Advocates Slam Last-Minute Mukasey Rule

Organizations that strongly oppose illegal immigration complain
that it's too easy for undocumented immigrants to delay
deportation by arguing that their previous lawyer was

(b) San Franciscans Get A New ID Card Program

San Francisco City Hall started issuing municipal photo
identification cards to city residents on Jan. 15, regardless of
their immigration status.

(c) Closed Door Politics

The election of 2008 proved catastrophic for opponents of
comprehensive immigration reform.

(d) Indian Firms, Microsoft Top H-1B List

Indian outsourcers, along with Microsoft, again lead the list of
companies bringing foreign workers to the U.S. on the H-1B visa

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
Have you signed up for the CIS Ombudsman's February
teleconference on "Refugee Processing: Your Questions and
Comments" - Wednesday, February 25, 2009 - 2-3 pm. EST? We look
forward to hearing your questions, concerns, suggestions or other
input on this topic both at our
cisombudsman.publicaffairs@dhs.gov email account prior to the
call and on the call itself. To participate in this call, please
RSVP to cisombudsman.publicaffairs@dhs.gov.

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

(a) Dear Editor:
Regarding yesterdays trio of Letters (2/24/09 ID), like a good
sandwich, the meat of the matter is contained in the middle with
J. Henderson's (b), "there would be no traumatized children if
their parents obeyed the law".  Like the man who said to his
doctor, I have extreme elbow pain when I lift it above my
shoulder. The doctor advised him not to lift the elbow above his
shoulder. Millions of visa over-stayers and border-crossers would
be well advised to respect and not break our entry laws which
would preclude all of the sad stories we hear. A correct
interpretation of the 14th Amd. birthright citizenship issue
would prevent many more.  Enforcing any of our laws results in
"Creating hardship", but entry enthusiasts want illegal migrants
to be exempt from any consequences as has to a large degree been
the case in the past due to lax enforcement. In a post 911 era,
serious enforcement is called for and the tightening of other
policies. The correct policy question regarding visa's is not
whether it is "racism", but what protects US. The answer is that
there should be no visa waivers whatsoever, but that all visiting
entrants should flll out the forms and be registered and tracked
including a record of their leaving.  There is no national
security without this. Other than short, tracked visits, a good
case can be made for an immigration moratorium, to sort out the
lax and loose past policies resulting in excessive entrants.
Immigration advocates can't seem to understand why the security
and other interests of US citizens should come before those of
foreigners.  What other term is there to describe this blind
bias, except as being un-American?
Jim Roberts

(b) Dear Editor:
Mr. Algase's letter (02/25/09 ID) misses the point on the visa
waiver discussion.  His letter implied that visa waiver countries
got them because of a racial preference on the U.S. part, i.e.
generally going to "white countries" with a couple of exceptions
for "honorary whites" as the South Africans used to call the
Orientals.  My argument is that visa waiver countries qualify for
that status because their "loss" rate is less than 5%, i.e. the
countries who qualify are economically developed so their
citizens are not so tempted to overstay their visits to the U.S.
My illustration of Thailand was to show that the pull of the U.S.
was so strong that these young students all wanted to return to
the U.S. My letter did not state that they all got immigrant
visas out of Thailand.  I said they all ended up as immigrants
though most served an interim period as F-1 or H-1B.  Several
actually married foreign service officers. I ran into one in
Ceylon when her husband was there as DCM.  We don't give a visa
waiver to Thailand because the economic pull of the U.S. is so
strong that the overstay rate would be far over 5%.
Paul Good
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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