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Immigration Daily January 21, 2009
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We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Today Is The Deadline For PERM For Beginners

ILW.COM is pleased to announce a new 3-part telephone seminar series "PERM For Beginners" with discussion leader Sofia Zneimer and speaker Ellen Freeman, with other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on January 21: Understanding the PERM Process

  • Statutory background and agencies involved
  • Who is the client and payment of fees
  • Purpose of the PERM process - willing, able, qualified, and available
  • Timing of the process - counting the days and periods
  • Considerations - alien ownership and control, ability to pay, layoffs, internal and external consistency, job zones, SVP, combination of duties, educational requirements, restrictive requirements, job requirements for current status of alien, internal and external consistency
  • SVP, Job Zones, and what is normal
  • Business necessity issues
  • Job description and minimal requirements
  • Filing options for form ETA 9089
  • Document Retention requirements

SECOND Phone Session on February 18: Preparation of the PERM Application

  • Employer registration and attorney sub-account
  • Prevailing Wage
  • Recruitment Plan
  • Job Order
  • Mandatory Printed Ads - elements, placement, considerations
  • Additional steps for professional jobs - what is a professional job anyway?
  • Recruitment Report - elements and considerations
  • Qualified US workers
  • Audit preparedness
  • Discussion of best practices to manage the process
  • Schedule A and Special Handling

THIRD Phone Session on March 18: PERM Sticky Issues

  • Prevailing Wage issues - private wage survey, wrong classification, wrong salary, and other wrongs
  • Notice issues
  • Roving employees and layoffs
  • Occupation, Job Zones, and SVP, and OES changes
  • Business Necessity and Normal Requirements - Magic Language
  • On the job training
  • Typos and other errors in submitted and approved labor certifications
  • Attorney-Client relationship in PERM applications
  • Attorney consideration of applicants - do's and don'ts
  • Reconsideration and Appeal
  • Summary of best practices
The deadline to sign up is Tuesday, January 20th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/200902.shtm. Fax version: http://www.ilw.com/seminars/200902.pdf.


Articles

Cash Flow: Ten Tips To Keep It Moving
Ed Poll writes "Cash is the grease that makes the business wheel turn, and the practice of law is definitely a business."

Now Is The Time For Immigration Reform
Thomas W. Roach writes "2009 is the year for comprehensive immigration reform. The stage is set, the stars are aligned and the time is now."

Immigrants Of The Week: Colin Farrel, Padmasree Warrior, and Vivek Kundra
Greg Siskind honors immigrants of the week.

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


News

Supreme Court Grants Cert In Immigration Case
The Supreme Court granted cert in Nijhawan v. Mukasey. For the Supreme Court docket, see here. For the 3rd Circuit opinion (No. 06-3948), see here.


Classifieds

Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP seeks an experienced paralegal to assist in case management and preparation of a wide range of employment-based immigrant and non-immigrant petitions, PERM applications and Adjustment of Status applications. Stinson Morrison Hecker LLP is one of the nation's largest law firms, with 335 attorneys in eight offices with experience in more than 45 practice areas, and represents clients in a full range of corporate, transaction and litigation matters. Please send resume with salary requirement to Lisa K Lange at: llange@stinson.com.

Help Wanted: Immigration Paralegal
Downtown Washington, DC firm seeks mature and responsible senior business immigration paralegal with 4+ years experience in business immigration cases, including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and EB-2) and PERM. Must be capable of independent work, including legal research, intensive client contact and drafting responses to complex RFEs and NOIDs. Bilingual Spanish/English speaker preferred. Must have bachelor's degree and excellent native-level English writing skills. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. Salary commensurate with experience. Please email resume, references and writing sample to pschwartz@paulhaarlaw.com. No calls please.

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 changed my life. In a place that others failed you came and with your evaluation... I just got approved to my I-140." "I'd like to thank you for your services in evaluating my educational 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". Click here to see more testimonials. Free consultation. Call today toll free: 1.800.771.4723

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.


Headlines

Bush Commutes Prison Sentences of 2 Ex-Border Agents
President George W. Bush, on the eve of leaving office, commuted the sentences of two former agents of the U.S. Border Patrol who were convicted of shooting an unarmed Mexican drug smuggler as he attempted to flee.

Death Prompts Probe Of Immigration Center
A federal prosecutor is investigating whether staff at a Central Falls immigration detention facility will face criminal charges for the death of an inmate.

Will Obama Bring Home the Neocons?
But on immigration, where the neoconservatives have never abandoned their traditional liberal sympathies for the newcomer, there is another basis for affinity.

Circuit Court's Loss Is Immigration Court's Gain
One of the county's longest-serving judges with almost 20 years on the bench, O'Malley's last day was Friday. He is moving on to become a judge with the federal immigration court in Kansas City.


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.

Share Your Professional News
Send your professional announcement to: editor@ilw.com. Examples include: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. This is a free service.


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 am an immigration attorney and favor a fairly open immigration policy, with some surprising twists. First, I believe in legalizing those illegally in the US, who are not criminals. I also believe two surprising concepts. 1. I believe we need to significantly tighten our borders. Two years ago an illegal friend brought his newly-arrived illegal friend and new bride from Mexico to our house during the winter for the bride to be clothed from our teenagersí clothes. The bride literally only had the clothes on her back and was successfully outfitted. Learning they used a coyote to cross the border, I asked them (en espanol): what percentage of people are getting through? They responded that they were part of eight groups of 15-40 people each and seven groups got through or 87.5%. With 87.5% getting through albeit two years ago, anybody may enter the US. We need to significantly tighten our borders. 2. If we tighten the borders and we do not enforce visa enforcements, it will result in the US not issuing as many visas, as the US knows that many people will not return, which will hurt many businesses in the US (and immigration attorneys). I met a taxi driver, who lived (I believe) in the Bahamas for six years. The law in the wealthy Bahamas per the taxi driver is if a person lives in the Bahamas for seven years, the person automatically becomes a citizen. After six years in the Bahamas, he was kicked out, preventing him from becoming a citizen. If we enforced our visas, i.e. actively pursuing those who violate their visas, we could then issue many more temporary visas to satisfy the many businesses who rely upon temporary immigrant labor. Your responses?

Merrill Clark, Esq.
New York, NY

Dear Editor:
I am pleasantly surprised to see, perhaps for the first time, positive comments about President Bush (01/20/09 ID comment). And it took only until the last business day of his 8-year presidency for this column to recognize the principled efforts of the President on behalf of immigrants - particularly over the opposition of his own party. Much maligning has been done of President Bush over the years. Then again, it's not hard to hit a target that holds its ground. It will be interesting to see what sort of criticism will be cast on the next presidentís policies, especially when the principles upon which those policies are grounded change with the publicís temperament. Then again, is appeasement a policy or a principle?

Samuel D. Blanco, Esq.
FL

Dear Editor:
Passing CIR is a dilemma for a legislature-politician (01/20/09 ID comment). Immigration is a national issue and yet lawmakers have to look after the current temperament of their electorate which is a local issue before casting their votes. A politician from a small state or district could always make a noise and derail its passage. Put simply, local issues would always trump immigration thus in this case, the will of the majority is not necessarily observed, which is absurd in a democracy like USA

All Lla

Dear Editor:
Mario Apuzzo's letters arguing that Barack Obama is not eligible to be President even if born in the US, because of his Kenyan father, claim that the term "natural born citizen" of the US, as used in Article 2 of the Constitution dealing with eligibility to become president, is more restrictive than US citizenship by birth in the US under the 14th Amendment (01/16/09 ID). But the dissenting Justices in the landmark 1898 Supreme Court case of US v. Wong Kim Ark rejected this distinction, even though they also supported a narrow view of the 14th Amendment for the opposite, and overtly racist, reason that reading the Amendment broadly would have allowed someone of Asian descent to become President as a "natural born citizen" under Article 2. Jim Roberts' recent letter argues that someone born in the US to a foreign citizen parent is not "subject to the jurisdiction of the United States" within the meaning of the 14th Amendment. But the majority decision in Wong Kim Ark read the 14th amendment as adopting the English common law doctrine that, regardless of parents' citizenship, anyone born in the US to parents who are not beyond the reach of US law (such as though diplomatic immunity) is "within the jurisdiction of the US" and therefore a US citizen by birth. The majority opinion also relied on the racial argument that it would be unfair to deprive a European (i.e. white) US born child of US citizenship just because he or she might have a foreign citizen parent. A century ago, race clearly influenced legal thinking about US citizenship. How much has changed since?

Roger Algase, Esq.
New York, NY

Dear Editor:
Regarding Mr. Roberts letter's belief (01/20/09 ID) the Government has the right to decide who gets to live happily ever after, "the state has to draw the line somewhere regarding entry numbers". It strikes me that it doesn't occur to this writer that there are many places to "draw the line" but his letter's callous belief it should be through a married couples life belies his comment he respects the institution of marriage. Its almost as if some of the folks who are so restrictionist in thier thinking have elevated "the rule of law" to become a new religion that they worship more than the rights we were given by our creator. Restrictionists never discuss the rights of the American Citizen in the mixed status family, its almost as if he believes you lose your rights as a US Citizen if you choose to marry a foreign national. Roberts letter completely skirts the real issue which is the constitutional right of a US Citizen to family unity in thier own country. No discussion of the other troubling issue, the reach and scope of government interference into our daily lives. How much is too much? If interference into mixed status families lives is "good policy" why not all citizens marriages? The restrictionist mindset contrives progressively more punitive and draconian Immigration Laws, unfortunately they don't work, and often are punative to taxpayers as well. Mr Roberts comments are devoid of a connection to the reality of life as we live it. People who go to school, work and live in the same community are exposed to each other and meet and fall in love. This part of the human equation cannot be changed because of geographical location.

Sergi Sheplov

Dear Editor:
Responding to ID's 01/20/09 comment, how hypocritical can one be? and what an imagination you have, your parents must be oh so proud of you, especially if any of your relatives served in our armed forces. How about placing the blame where it belongs? right on the backs of those so called loving parents! They knew they were here illegally, but did it stop them from dropping those anchor babies. You can call me racist, but know this I am 100% American Indian. I have never screamed racism, even when being treated as "lesser" by people like you. I am a legal citizen of both the US and Canada. As a Mohawk Indian I did not have to immigrate ... but I did because it was the right thing to do. I would never have dreamed of jumping a border and expect another Country to take care of me. Can you say that for your beloved invaders of the US? I have had at lesat one member of my family defend the constitution of the US since WW II, even though my family originates in Canada. My father and his brothers earned citizenship here in the US by defending this country. They didn't jump a border. We are in the middle of a depression. Why should we reward these invaders by giving them shamnesty? They have stolen jobs by under bidding legal American citizens, they raid our Social Services, their children receive free educations, they are the cause of thousands of ER's being shut down by never paying a dime to the expenses they incur. You live in some kind of dream world. Actually, leave your dream world and walk a mile in shoes of one the "regular Joes "out here.

Carolyn Beverly Kenney

Dear Editor:
ID had to go for the fake sob story. Hasn't ID learned that they don't work. Americans see beyond that. Besides, no one is being separated from their family. Any child can leave the country with their parents. Stop lying and favoring illegal aliens who are destroying this nation daily.

Edgar Martinez


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 1995-2008 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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