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Immigration Daily September 15, 2008
Previous Issues
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Comment

Dual Citizenship

According to a Los Angeles Times news story, "As international business, travel and communications explode, a growing number of nations are allowing dual citizenship, and more immigrants are claiming it." For the full story, see here.

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


Focus

The H-1B Book Shipping Now

THE H-1B BOOK 2008-2009 Edition, Editor Karen Weinstock, is shipping now. The Table of Contents is as follows:

  • Chapter One: Interview The Client

    • Qualifying the Position as a Specialty Occupation
    • Qualifying The Employee
    • Meeting Wage Requirements
    • Lawyer's H-1B Consultation Questionnaire Form
    • Lawyer's H-1B Task Checklist
  • Chapter Two: Send The Client Intake Forms And Related Information

    • Intakes Summary
    • H-1B Employer Intake/Questionnaire Form
    • H-1B Worker Intake/Questionnaire Form
    • The Complete H-1B Process: Company Flowchart
    • The H-1B Process: Company's Step-By-Step Explanation
    • Explanation and instructions for spouses and children
  • Chapter Three: Credentials: Verify That The Worker Has A US Bachelor's Degree Or Equivalent

    • Credentials Summary
    • If the worker has a U.S. degree - no evaluation is necessary
    • If the worker has a foreign degree - order credentials evaluation
    • If the H-1B petition is based on work experience or combination - order a work experience evaluation
    • List of credentials evaluation firms, web sites and phone numbers
  • Chapter Four: Determine The Prevailing Wage

    • Understanding the Prevailing Wage
    • Determining the Prevailing Wage
      • O*NET, SOC, Wage Levels, Job Zone and SVP
      • SESA or SWA Wage Determination
      • FLC Data Center Wage Determination
      • Wage Determination Through Other Wage Surveys
    • Practice Examples in Determination of the Prevailing Wage
  • Chapter Five: Prepare And File The Labor Condition Application (LCA)

    • Introduction to the Labor Condition Application (LCA)
    • Preparing and filing the Labor Condition Application (LCA)
      • Online LCA filing
      • Complete Online LCA and Receive LCA Approval Online
      • Completing the LCA: Step by Step
      • H-1B Dependent Employers Worksheet for the LCA
    • Detailed Description of Form ETA-9035E and its Obligations
    • Sample of completed LCA (form ETA-9035E)
    • Copy of form ETA9035CP (LCA cover pages)
  • Chapter Six: Prepare The I-129, Related Forms And Petition Letter

    • Form I-129
    • H supplement to Form I-129
    • Form I-129 H-1B Data Collection Supplement
    • Form G-28
    • Form I-907 if premium processing is applicable


    • If the H-1B worker has a spouse and/or children:
    • Form I-539
    • Form I-539 Supplement 1 (if necessary for other family members)
  • Chapter Seven: Send All The Forms And Petition Letter To The Client For Review & Signature

    • Sample letter to client
    • LCA posting notice
    • Sample Letter to Employer Regarding Public Access File
    • Memorandum to employers on Labor Condition Application
    • Public Access File sample
    Chapter Eight: Assemble The H-1B Petition And Send To The USCIS Service Center
    • General Filing Instructions (including list of service centers and filing addresses)
    • Sample Cover Letter
    • H-1B Petition document checklist
    • Sample list of exhibits
  • Chapter Nine: Troubleshooting

    • Introduction
    • Request for Additional Evidence
    • Dealing with the dreaded request for evidence
      • Sample Response to Request for Additional Evidence
      • Second Example of Response to Request for Additional Evidence
    • I-9 Compliance, Social Security Numbers and Driver's Licenses
    • Changes in H-1B Employment and Amendments
    • How Mergers, Acquisitions and other corporate Transactions Affect the H-1B
  • Chapter Ten: Post-Approval Case Management

    • Summary of Post-Approval Issues
    • Sample H-1B Approval Letter to Employees that are in the U.S.
    • Sample H-1B Approval Letter to Company - Employee(s) Abroad
    • Sample H-1B Approval Letter to Employees Abroad
    • Non- Immigrant Visa Consular Processing Information Sheet
    For more information about the book and to order, see here. For the fax form, see here.


    Article

    Immigrants Of The Week: Lopez Lomong, Tony Azevedo, and Rebecca "Beki" Snyder
    Greg Siskind honors the immigrants of this week.

    Bloggings on Dysfunctional Government
    Angelo Paparelli shares the latest entries as of September 5, 2008 on his Dysfunctional Government blog.

    To submit an Article for consideration, write to editor@ilw.com.


    News

    Fragomen Reply Brief To DOL Says Claims Not Moot
    Fragomen filed its reply in response to DOL's response brief.

    ICE Arrests 51 At Palm Springs Bakery
    ICE announced that 51 workers were arrested on immigration violations at the Palm Springs Baking Company.

    ICE Issues Mass Migration Plans For Hurricane Ike
    ICE issued a press release stating that its agents and officers were available to help anyone, regardless of citizenship or nationality due to Hurricane Ike.


    Classifieds

    Help Wanted: Immigration Paralegal
    New York - Troutman Sanders LLP, an international law firm, seeks immigration paralegal. Ideal candidate possesses: four-year degree plus a paralegal certificate (ABA-approved preferred); 2+ years of business immigration experience; ability to read, write, and speak Korean preferred; knowledge of preparing H, L, O, E non-immigrant visas, I-140 petitions and adjustment of status applications; experience with multi-national corporations, start-up companies and PERM applications; must have excellent organizational skills, attention to detail, initiative, strong client relations skills and be a quick learner by relating individual tasks to the "big picture" issue in complex business transactions. If interested, please visit http://www.troutmansanders.com/careers/paralegals/ to apply online.

    EB-5 Investor Program
    There is no need to wait for the Regional Center program to be extended before it sunsets on September 30, 2008. This is a 300 acre project in Southern California near San Juan Capistrano. The Project will create at least 300 new full-time jobs through the development of a resort hotel/spa & corporate retreat, an upscale equestrian centre with 1000 stalls, arena, training and boarding facilities and, along with a vineyard, an olive orchard, and 30 estate view lots. The developers and general partners have extensive experience in high profile developments. The Project qualifies under the EB-5 Investor Visa program for an immigrant investor in need of a permanent residence in the US "Green Card". The project is a Targeted Employment Area (TEA) requiring investments at the reduced $500,000 level. Visit http://www.usagdc.com/landing.html for more information or contact a USA Global Development representative by e-mailing info@usagdc.com or calling (949) 296-3078 or complete contact us section of our website. Not an offer to purchase or sell securities. Only qualified investors can offer to subscribe after reviewing the full program and submitting a signed subscription agreement for consideration.

    Help Wanted: Immigration Paralegal
    New York, NY - Established mid-sized NYC law firm seeks business immigration paralegal. Will provide general support to the firm's immigration practice group, including preparation of H-1B, L-1, O-1 and E-1/E-2 visas, I-140 immigrant petitions, consular applications, adjustment applications, PERM cases, and special projects. Bachelor's degree required. 2+ years business immigration experience preferred. Must be organized, detail oriented, responsive and have excellent writing, verbal and case management skills. Must be able to multi-task and work independently. Ability to work well under pressure and work effectively with clients, attorneys and staff. Competitive compensation + comprehensive benefits package. Please send resume + cover letter to: candidate@wkgj.com.

    Help Wanted: Immigration Professional
    Secaucus, NJ - Ernst & Young LLP seeks Visa & Immigration Manager to manage and administer the visa and immigration work for firm's expatriate and international business travelers. Manage firm's external immigration providers, ensure all expatriates and business travelers are in compliance with host countries' immigration laws, manage firm's International Travel Compliance (ITC) policy. Oversee and monitor ITC hotline call volume and provide appropriate consultation or resolution as needed. Stay current on emerging legislation and assess its impact on firm business. Responsible for monitoring volume and review costs of outsourced arrangements. Oversee work and supervise a team of 5. Bachelor's degree, 5-7 years immigration experience, global immigration preferred. Experience working with government agencies, foreign embassies and outside counsel, knowledge of HR issues, excellent customer service, conflict management, organizational and supervisory skills, strong written and verbal communication skills, attention to detail and timing, flexibility, good judgment and analytical skills. For a detailed job description and to apply online, enter SEC00016 see here or email resume + cover letter to donna.shaw@ey.com.

    Position Sought
    Southeast Michigan - Experienced and goal-oriented immigration paralegal seeks part-time or full-time employment. Possess 4+ years experience in law firm environment. Responsibilities included, but not limited to preparation and filing of most non-immigrant visas such as H-1B, L-1, TN and B-1. Preparation and filing of family-based cases (asylum, I-589, I-601, PERM, I-140, and AOS cases). Maintained accurate and updated Outlook calendar for attorneys/paralegals, handled correspondences and confidential information, managed bank accounts, payroll and created invoices/statements using QuickBooks. Reference materials and applications used: AILA Monthly, Kurzban's and immigration law websites. Possess strong organizational and planning skills and ability to prioritize multiple tasks accurately and simultaneously. Fluent in Romanian language. Resume and reference available upon request. Email: laileni@yahoo.com.

    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 80+ engineers and 11 sales and support staff. INSZoom is 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 info@inszoom.com.


    Headlines

    51 Undocumented Immigrants Nabbed In Palm Springs Work-Site Raid
    A work-site raid at a Palm Springs bakery Wednesday resulted in the arrests of 51 illegal immigrant workers from Mexico, Honduras and Guatemala and their current and former supervisors, who allegedly hired the employees in exchange for money.

    Ike A Chance To Show Our Compassion
    Haitians without U.S. immigration papers deserve temporary protected status. If not now, when?

    Court Allows Chinese Woman New Deportation Hearing
    A Chinese woman who feared sterilization under China's "one-child" policy if she were deported to her homeland has won a new hearing before the Board of Immigration Appeals.

    Small-Business Owners Urge Hill To Restore Visas
    More than 200 small-business owners from Maryland and throughout the country went to Capitol Hill this week to ask their representatives to save their jobs by pushing a bill to restore H2-B visas.


    comingsNgoings

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

    Immigration Event - New Brunswick, NJ
    Rutgers University is pleased to announce that his Excellency, Ernest Bai Koroma, president of the Republic of Sierra Leone, will speak at Rutgers University on Sunday, Sept. 21. He is expected to speak on many topics, including immigration. The event is free and open to the public, and will take place at 4 p.m. at the Rutgers Student Center on College Avenue.


    Letters

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

    Dear Editor:
    I thought you might be interested in this ABA news story titled, "Owner, Managers of Iowa Meat Plant Face 9,311 Child Labor Charges". The increasing criminalization of employment and business law is a good counterpoint to the supposed insensitivity of the Feds vis-a-vis foreign origin migrant laborers.

    Honza Prchal, Esq.
    Birmingham, AL

    Dear Editor:
    Immigration Daily had mentioned [the CUNY immigration law certificate program] in previous postings over the last year but it's only this semester that the School of Professional Studies has actually finally gotten the courses on line. Courses start September 22, so I thought I'd pass it on to your readers. I first heard about it in from your listserve and have been waiting for it to finally get launched on-line and am now registered for 2 classes this semester and will be able to take the third class next semester to complete the certificate.

    Nklur

    Editor's note: The CUNY immigration law certificate program recently made its courses available online.


    An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995- American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

    Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X


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