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

December 31, 2008

1.  Comment: Pass It On
2.  Focus: H-1B For Experts
3.  Articles:
    (a) New To America by New2Usa
    (b) A Child Alone And Without Papers by Amy Thompson et al.
    for the Center For Public Policy Priorities
    (c) Immigrants Of The Week: Tariq Farid, Anna Friel, and Dani
    Rodrick by Greg Siskind
4.  News:
    (a) DHS Announces Malta Joins Visa Waiver Program
5.  Classifieds:
    (a) J-1 Visa Program
    (b) EB-5 Business For Sale
    (c) Case Management Technology
    (d) Credential Evaluation
6.  Headlines:
    (a) Time To Build Trust On Immigration
    (b) Tactics Will Change, But Goals Of Immigration Reform
    Advocates Remain The Same
    (c) Conservatives Look To Flake To Rescue The Republican
    (d) President Bush Offers Advice To The GOP On Immigration
7.  ComingsNGoings:
    (a) New Attorney
8.  Letters From:
    (a) David D. Murray, Esq.
    (b) Mario Apuzzo, Esq.
    (c) Dave Chapman
    (d) Gladys C. Farris
    (e) Robert Gittelson
    (f) Robert Yang


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H-1B For Experts

ILW.COM is pleased to announce a new 3-part telephone seminar
series "H-1B For Experts" with discussion leader Karen Weinstock.
The curriculum is as follows:

FIRST Phone Session on January 14:

++Strategic considerations when first considering an H-1B case;
Should you even bother filing with the cap issues? 
++When can we use multiple filings to get two bites at the cap?
++Discussion of advanced cap exempt strategies (previously
counted, employed AT a qualifying facility, higher education,
affiliated with, government or non-profit research, physicians,
concurrent employment).  
++New cutting edge occupations and  combination of occupations -
will they qualify for H-1B?
++Consulting companies H-1B and issues surrounding them: who is
really the employer? 
++Self-employment on H-1B?!
++Strategic considerations for existing H-1Bs changing jobs or
++Complex portability issues and change in job duties
++Strategic considerations beyond the H-1B towards green card
options and why it is important to plan in advance and consider

SECOND Phone Session on February 11:

++Analyzing Labor Condition Application in detail 
++Confirming that the H-1B employer meets the LCA attestations
(single employer, required wage, benefits, public access file,
posting, no-benching, recruitment and non-displacement)  
++Actual vs. prevailing wage analysis 
++Prevailing wage issues: can anything be done when the company
cannot pay the required wage? 
++What about deducting attorney fees from the required wage?
++Dependency issues that affect the dependent and non-dependent
++What is a Public Access File and what documents are included in it?
++What additions in Public Access File are required for dependent
++How to define exempt H-1B workers?
++Roving employees: definition of place of employment/worksite;
30/60 day rule; recordkeeping and posting issues
++Documentary requirements in case of an audit.
++When does the company's requirement to pay end?
++Liquidated damages vs. penalty issues
++A current review of enforcement issues and DOL assessment of back
wages and other penalties.

THIRD Phone Session on March 4:

++Complex educational and work equivalency evaluations, degree
mismatch issues
++Problematic Occupations: Marketing Analyst, IT consultants,
specialty nurses, etc.
++Representing the H-1B employer in financial difficulty
++The impact of corporate reorganizations on H-1B statu
++How to deal with gaps in employment, including lay-offs, downsizing,
leaves of absence, resignations?
++Overview of options from H-1Bs to green cards; What to do when EB-3
visas are unavailable?
++Extending H-1B status beyond the normal six-year limit
including new rules and new policy interpretations
++Maintaining H-1B status vs. AOS portability with an EAD
++Complex travel problems on H-1B and AOS

The deadline to sign up is Wednesday, January 13th.
For more info, including speaker bios, detailed
curriculum, and registration information, please see:
http://www.ilw.com/seminars/200901.shtm. Fax version:

(a) New To America

New2Usa provides information to immigrants on issues commonly
faced when adjusting to life in the US.

(b) A Child Alone And Without Papers

Amy Thompson et al. for the Center For Public Policy Priorities
write "What really happens to the estimated 43,0001 unaccompanied
undocumented children who are
removed from the United States?"

(c) Immigrants Of The Week: Tariq Farid, Anna Friel, and Dani

Greg Siskind honors immigrants of the week.

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

(a) DHS Announces Malta Joins Visa Waiver Program

DHS published notice in the Federal Register that Malta has been
added to the list of countries authorized to participate in the
Visa Waiver Program, effective December 30, 2008.

(a) J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with
AIESEC United States. For 50 years, AIESEC U.S.
has offered foreign nationals the opportunity to grow both
personally and professionally by sponsoring exchange visitor
traineeships. Enjoy unparalleled customer service, including in-
depth guidance on J-1 Trainee visa regulations and the changes
effective July 2007. We also offer logistical and cultural
reception services in locations nationwide. Expect a 24-48 hr.
application processing time. The J-1 Trainee visa can be used for
individuals to participate in training programs in the following
fields: information media and communications, education, social
sciences, library science, counseling and social services,
management, business, commerce and finance, the sciences,
engineering, architecture, mathematics and industrial
occupations, public administration, and law. Attorneys interested
in learning more about AIESEC United States and the J-1 Trainee
visa, please email Melany Hamner: mailto:melanyh@aiesecus.org.

(b) EB-5 Business For Sale
US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing
Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt
or inventory included. To view pictures and an appraisal report,
see here. http://eb5opportunity.com/
To discuss further, contact Thomas Barnes at:
mailto:barnestb@earthlink.net or call  434-955-0595 (after 10 am
EST). All inquiries will be kept confidential.

(c) 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.

(d) 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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to see more testimonials. Free consultation. Call today toll free:
6.  Headlines

(a) Time To Build Trust On Immigration

If Janet Napolitano had her way, the nominee to head Homeland
Security would take a two-track approach to solving America's
illegal immigration problem.

(b) Tactics Will Change, But Goals Of Immigration Reform
Advocates Remain The Same

Rep. Lance Kinzer, the Olathe Republican who sponsored a
comprehensive immigration reform bill that failed to make it
through the 2008 Legislature, said lessons learned during that
campaign will guide his latest effort to crack down on illegal

(c) Conservatives Look To Flake To Rescue The Republican Party

Jeff Flake is positioning himself as Arizona's Republican
maverick for the future.

(d) President Bush Offers Advice To The GOP On Immigration

During a speech to the American Enterprise Institute, President
Bush gave advice to the Republican Party: "Tone down the "anti"
rhetoric in the immigration debate, which soured many Hispanics
toward the GOP".

For links to the above stories see here:
7.  ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here

(a) New Attorney
Reina & Bates Immigration Law Group is pleased to announce that
Robert D. Kershaw has joined the firm. Mr. Kershaw continues his
H-2B/H-2A visa practice. www.reinalaw.com.

Readers are welcome to share their comments, email:
mailto:editor@ilw.com  (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.

(a) Dear Editor:
In response to Jim Robert's letter (12/29/08 ID), I agree that
focusing on the empathetic approach to illegal immigration serves
no real purpose.  As a nation of laws, all present with our
borders must respect the law, including illegal immigrants.  That
they have flaunted the law for the more than twenty years since
the Amnesty of 1986, continually asking, "When will the next
Amnesty be?," should not be rewarded with a blanket Amnesty as in
1986 and the answer should be, "Never, and don't flaunt our
laws."  That being said, our laws, in the venacular of youth,
"Suck." It is time to change them to adapt to the needs of US
employers who need both temporary and permanent labor "to do the
jobs American will not do".  As to California, mentioned in Mr.
Roberts's letter, whose Gross Domestic Product is within the top
six in the world, with no army to support, I, as a California
resident for 38 years, can only say to the California
legislature, shame, shame.  Shame for letting the budget get away
from you for decades; but, as Mr. Robert's letter infers, don't
blame illegal immigrants, blame wreckless and irresponsible
spending, administration after administration, Republican and
Democrat, with legislators ******* of the teat of the government
to such excess as to be unfathomable.  It is time to stop
wasteful porkbarrel governmental spending, pandering to lobbiests
and their perks.  The financial crisis in which the world today
finds itself is a monument to greed and incompetence. What can we
expect now that goverments have been found impotent and corporate
leaders found corrupt?  Is doomsday around the corner?  If so,
the debate over immigration seems moot.  Happy New Year.
David D. Murray, Esq. Newport Beach, CA

(b) Dear Editor:
Regarding David D. Murray, Esq.'s (12/15/08) response to my
(12/11/08 ID) letter concerning what is a "natural born Citizen,"
I was shocked that a member of a bar would comment on another
attorney's opinion in such a self-righteous manner. I have simply
expressed my personal opinion and raised questions but his letter
seems to have the definitive answers on such a complex subject
which has never been addressed by our U.S. Supreme Court. For
example, why did the Framers write in Article II: "No person
except a natural born Citizen, or a Citizen of the United States,
at the time of the Adoption of this Constitution shall be
eligible to the Office of President ..." Why are there two types
of citizens in this clause: "natural born Citizens" and "Citizens
. . . at the time of the Adoption of this Constitution." Who are
the Founders placed in this latter group and why they deemed it
necessary to distinguish between the two types. Further, I would
like an explanation why so many of the same Founding Fathers in
the  Naturalization Act of 1790 (1 Stat.103,104) said: "And the
children of citizens of the United States that may be born beyond
the sea, or out of the limits of the United States, shall be
considered as natural born citizens." But then in 1795 amended
that Act by removing the words "natural born" from the term
"natural born citizen" and just leaving it "citizens." I realize
this is not the proper forum for such complex legal arguments. I
also note that Mr. Murray's letter avoids the other main issue:
has Obama provided the American people with credible and
sufficient proof that he was born on U.S. soil?
Mario Apuzzo, Esq.  Jamesburg, NJ

(c) Dear Editor:
ID is correct in saying that there is a large amount of hostility
towards H1-B (12/29/08 ID comment). This program is the largest
immigration fraud in American history, and the voters have
figured out that the purpose of the H1-B visa program is to
prvent their children from living in the middle class by
importing cheap foreign workers to take all of the good jobs. Any
politician who accepts money from the Indian government's front
groups in exchange for supporting H1-B is guilty of treason. Yes,
there's a lot of hostility out here.
Dave Chapman

(d) Dear Editor:
Now we shall see how the Democrats in both Houses will work to
make Immigration accessible to those that needs it (12/29/08 ID
comment). The Dream Act is absolutely a good bill however, those
immigrant without status should get some benefit if they have
integrated in the mainline paying their taxes in all respect and
complying with what each of us want to be free.  In the next 100
days something should happen if it will.
Gladys C. Farris

(e) Dear Editor:
In response to the fact that Restrictionists have recently
decided to play the "unemployment card," in a last ditch effort
to postpone the inevitable, (CIR), I would like to point out
fundamental facts that the Restrictionists would have us
overlook. Every business that I know has downsized to their bare
minimum to ride out this storm. They have kept only their most
experienced, cost effective, and productive workforce. Most of
the jobs in our country are created by small to medium sized
businesses, and in a down economy, most jobs are lost in these
sectors as well. It is not coincidental that most undocumented
immigrants work in these sectors. Unemployment is higher among
the undocumented then the documented, but still, several million
undocumented are still employed in these sectors. Restrictionists
now advocate that we fire and/or deport all of these people, and
give these jobs to unemployed legal workers, and I can understand
the underlying yet overly simplistic logic inherent in that
emotional decision. Unfortunately, they are suggesting that we
force our most important business sectors to lose millions of
their experienced and productive workers, arguably the "last
ditch" lifeblood of their struggling businesses, and instead hire
millions of trainees. It usually takes at least 6 months of
training to bring an employee up to speed, (and that assumes that
the new employee works out - a huge assumption). The
Restrictionists are advocating that we do this at the worst
possible time, just as these companies are fighting for their
lives, and are barely keeping their heads at the waterline, much
less above it. Simple solutions sound good because they're easy
to understand. Unfortunately, in this economy, we need advanced
solutions, not simple ones. We need far reaching solutions, not
archaic ones. We need informed solutions, not misguided or
misinformed ones.
Robert Gittelson

(f) Dear Editor:
Mr. Guzzardi's Article (12/30/08 ID) may predict there will be no
"amnesty" in 2009, but ones may also say there will and should be
immigration amnesty again in 2009 because it's a common sense
thing to do. Legalize the illegals so they can pay taxes and
contribute to they system and make them as full member of our
society. I am really sad and regret that there are still many
fellow Americans feel the sense of entitlements just because
they're holding US passports in the competitive and globalized
world economy not because they deserve and earn them by merits
and working harder and smarter. Be it in the past or present,
restrictionists and nativists are the same loser folks who reject
the reality of life that they must compete with others and win it
by merits. When we celebrate Christmas and Thanksgiving, we must
thank God that the natives at that time didn't have selfish and
racist "immigration laws" as we have today otherwise they would
handcuffed Joseph, Mary, baby Jesus or Israelis' patriarch Jacob
and deported them as "illegal immigrants", or the Native American
Indians would deport the Pilgrims and all white European
colonialists as invaders and unwelcomed illegal immigrants as
Robert Yang
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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