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

December 18, 2008

1.  Comment: Unconventional Wisdom
2.  Focus: Consular Posts Book Ed. Rami Fakhoury
3.  Articles:
    (a) Adjusting To The New World Of Portability Recruiting:
    Career-Flexibility For Long-Delayed Immigration Cases by
    Angelo A. Paparelli and Kwang-yi Ger Gale
    (b) The Nation Is Not A House by Donald J. Boudreaux for the
    Foundation For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) CIS Ombudsman Study Recommends Digitized Photograph To
    Accompany New N-550 Form
    (b) DHS Publishes Interim Rule Amending I-9 Regulations
5.  Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Immigration Law Certificate
    (c) Credential Evaluation
6.  Headlines:
    (a) Minnesota Catholics To Observe 'Immigration Sunday'
    (b) Oregon DMV To Begin Verifying Immigration In 2009
    (c) U.S. Seeks To Wipe Out Immigration Fraud
    (d) Obama To Inherit Legal Battle Over DHS's No-Match Rule
7.  ComingsNGoings:
    (a) Honors And Awards - Maryland Super Lawyers
8.  Letters From:
    (a) Robert Gittelson


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Unconventional Wisdom

The conventional wisdom on a number of issues may no longer be

++Conventional Wisdom: The incoming Obama administration's
priorities will guide Congress as it goes about making laws in
2009 and 2010. Fact: Congress has its own ideas for legislation.
While Congress will pay close attention to the incoming Obama
administration's priorities, especially in the first 100 days,
ultimately it is Congress that makes law, not the President. And
Congress's ideas of good policy may well diverge from the
administration's. We are seeing some signs that Congress may well
be more aggressive in the near term on immigration than the
Administration (this is not an issue of intention, merely an
issue of implementation, since the incoming team is
understandably tied up in personnel issues).

++Conventional Wisdom: Rahm Emmanuel's appointment as Chief of
Staff at the White House portends trouble for immigration given
the fact that he was the key person responsible for the failure
to get CIR off the ground in the House in the 110th Congress.
Fact: Rahm Emmanuel at the White House may well be immigration's
best friend. As chairman of the Democratic Congressional Campaign
Committee, Mr. Emmanuel's goal was to help elect as many House
Democrats as possible which, by the lay of the political land,
were largely in purple, moderate districts where immigration
could have proven a weapon for the Republicans. Mr. Emmanuel's
new job, by contrast, is to help elect just one Democrat - Mr.
Obama in 2012. Immigration here could well be a weapon against
the Republicans, in helping sway critical states in the Southwest
and Southeast.

++Conventional Wisdom: Republican votes and Blue Dog votes will
be necessary to win any broad immigration legislation, like CIR.
Fact: Democrats will control a 58% majority in the new Senate,
and a 59% majority in the new House. No more than a very small
handful (5 or so) Republican votes will be needed or available to
pass CIR. This is in marked contrast to the entire period from
the 1980s to now, where all the major immigration acts were
passed with either significant or crucial Republican support (the
same general analysis as above also goes for the Blue Dogs). One
of the consequences of the composition of the new Congress is
that employment based immigration has significantly fewer friends
than before, a fact that may prove fatal to more than one major
employment based immigration program (in particular, we would not
be too surprised to see proposals to temporarily eliminate the
H1B visa in light of the economic downturn).

++Conventional Wisdom: CIR must include three legs -
legalization, massive new enforcement, massive guest worker
programs. Fact: The composition of the new Democratic caucus,
especially in the House, argues strongly against the old ideas of
what CIR should look like. This is the most liberal (or leftist)
Democratic caucus since the 1970s, it's leanings on many matters,
including immigration, will likely surprise many in the
immigration community who have gotten accustomed to centrist
approaches to benefits and enforcement. In particular, we believe
that the guest worker component of CIR is either completely gone,
or close to gone (the House immigration sub-committee chair, Ms.
Lofgren, is out-of-sync with the new Democratic caucus on
employment based immigration). What we may be seeing is a replay
of the 1980s, when Congress first confronted the past -
legalization and enforcement in IRCA in 1986, and only four years
later, in 1990, came around to the future - expanded immigration
flows, both temporary and permanent. The new CIR may be nothing
more than a giant new IRCA. Expanded immigration flows may well
have to wait for a future Congress, just like two decades ago
(the difference this time is that expanded immigration flows will
likely focus on low-skilled workers and high-skilled workers
equally, whereas in IMMACT'90 Congress forgot about low-skilled
workers).  All the above point to three conclusions: (1) there
will be an aggressive move, quite early in the new year, for
significant immigration benefits legislation, which, for the lack
of a better term, we are calling CIR; (2) the signs point to this
move being led by Congress, and not the Administration; (3) the
bills to be marked up may omit new guest worker programs, and
perhaps even significantly restrict existing guest worker
programs, such as the H1B program. There appears to be plenty of
excitement ahead, fasten your seat belts.

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

Consular Posts Book Ed. Rami Fakhoury

ILW.COM is pleased to announce a new book on IV and NIV visa
processing at consular posts around the world edited by Rami
Fakhoury. For more info, including how to place a pre-publication
order, please see: http://www.ilw.com/store/ConsularPosts.shtm.
For info/ordering by fax, please see:

(a) Adjusting To The New World Of Portability Recruiting: Career-
Flexibility For Long-Delayed Immigration Cases

Angelo A. Paparelli and Kwang-yi Ger Gale write " Employers
seeking foreign workers with coveted degrees and skill-sets now
must surmount ever higher hurdles crafted by immigration
bureaucrats who never had to make a payroll."

(b) The Nation Is Not A House

Donald J. Boudreaux for the Foundation For Economic Education
writes " Opponents of the freedom to move frequently analogize a
nation to a house. "You lock your house, don't you?" these anti-
immigrationists ask - implying that what makes sense for a home
makes equally good sense for a nation."

(c) Bloggings On Immigration Law And Policy

Greg Siskind shares the latest entries as of December 9, 2008 on
his immigration law and policy blog.

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

(a) CIS Ombudsman Study Recommends Digitized Photograph To
Accompany New N-550 Form

The CIS Ombudsman released its study and corrresponding
recommendations on naturalization oath ceremonies, which included
the suggestion to implement plans to digitally produce the
photograph on the Certificates Of Naturalization (Form N-550).

(b) DHS Publishes Interim Rule Amending I-9 Regulations

DHS published notice in the Federal Register amending its
regulations governing the types of acceptable identity and
employment authorization documents and receipts that employees
may present to their employers for completion of the Form I-9,
Employment Eligibility Verification.

(a) Help Wanted: Immigration Attorneys
Washington, DC- USCIS Office of Chief Counsel (OCC) seeks
experienced attorneys with 3+ years demonstrated experience in
immigration law for the Adjudications Law Division (ALD). The
attorneys will serve as advisors to the Chief of the ALD, the
Chief Counsel, and to USCIS and other Departmental components on
issues relating to U.S. immigration laws.   Applicants must
possess a JD degree,  be an active member of the bar (any
jurisdiction), and have 3+ years of post-J.D. experience in
immigration law. For more info, key in Job Announcement Number:
COU-CIS-2008-0013 at http://www.usajobs.com
Submit a resume, cover letter + (2) writing samples to: Claudia
Salem, Acting Chief, Adjudications Law Division at
mailto:ALD.ALD@dhs.gov. Please make sure to note in email subject
header that you are applying for the Experienced Attorney
Position, ALD, at USCIS. Must be received by 5pm, ET, Friday,
December 19, 2008. Position is at the GS-13-GS-15 levels. This
job is being filled by an alternative hiring process and is not
in the competitive civil service. No relocation reimbursement

(b) Immigration Law Certificate
Master the complex and ever changing maze of immigration policies
and regulations with the Immigration Law Studies Certificate
Program offered by CUNY's School of Professional Studies. This
graduate-level certificate program, consisting of (3) three-
credit classes, offers students who complete it a comprehensive
understanding of the laws, regulations, and processes surrounding
the status of immigrants in the US, including family and
employment-based immigration and deportation defense. It is
designed for individuals working in law firms, companies,
government agencies and nonprofit organizations where they
interact with immigrants and immigrant legal concerns on a
regular basis and would therefore benefit from greater knowledge
of the laws and regulations surrounding immigration. Beginning
this spring, the program is also being offered online. For more
information on class schedules, tuition and fees, course
applications and to register, see here.

(c) 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) Minnesota Catholics To Observe 'Immigration Sunday'

Calling for "compassionate dialogue" on immigration reform, the
Minnesota Catholic Conference announced that Jan. 4 will be
"Immigration Sunday" in the state's parishes.

(b) Oregon DMV To Begin Verifying Immigration In 2009

The Oregon Department of Transportation said its DMV offices will
begin verifying immigration status for driver's license
applications or identification cards on Jan. 1 at its offices
around the state.

(c) U.S. Seeks To Wipe Out Immigration Fraud

Iturregui said that only two groups - attorneys in good standing
with the State Bar Association and accredited representatives
authorized by the Board of Immigration Appeals - may provide
legal advice and represent people before the agency.

(d) Obama To Inherit Legal Battle Over DHS's No-Match Rule

Media reports indicate that in making his decision, Breyer
observed that the incoming Obama Administration might want to
take another look at the rule.

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) Honors And Awards - Maryland Super Lawyers
Edward Neufville, III, Esq. has been named by Maryland Super
Lawyers magazine as one of the top up and coming immigration
attorneys in Maryland for 2009. The magazine's Rising Stars list
features only 2.5% of the outstanding lawyers in the State of
Maryland who are under 40 years of age and have practiced law for
less than 10 years.

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:
I must take extreme exception to the ideas that are expressed
(12/17/08 ID comment). Specifically, I refer to both the "Santa
Arrives Late" comment, and the "Moderation and Immigration
Reform" article. Both propose that after everything that we have
been through in the struggle to achieve a full and complete CIR,
that we settle for a piecemeal approach in the name of
expediency. This is the wrong idea at precisely the wrong time.
We now have the momentum and political will to achieve almost
everything that a true CIR would encompass. The ideas expressed
above would snatch a considerable defeat from the jaws of
victory. Frank Sharry, among others, has suggested that most of
CIR is achievable within the first year of Obama's first term. He
advocates the possible exception of increasing immigration
numbers, but insists on everything else in our last CIR bill, and
he is 100% correct. Sen. Martinez, (Dem. NJ), stood his ground
and voted against partial CIR last year, because he understood
that if we achieved a few of the CIR crumbs, the full coalition
for reform would crumble, and CIR would be "back burnered" for
years, if at all. Sure, it would be easy to get the crumbs
described in these comments, but we should have the backbone to
get what this country deserves. This piecemeal approach is the
cowards victory. I say that we should get what we really need,
because we can, and we should. Do not be mislead. The easy
partial approach is easy for a reason. It is insufficient, and it
is a trap. We would be foolish to walk into this trap. Let us
show resolve and get a full CIR. It can be done. We just have to
have the will to make it happen.
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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