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Immigration Daily March 13, 2009
Previous Issues
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Comment

Paperless USCIS

The Federal Times reports that USCIS is spending over half a billion dollars to digitize its paper files so that it can process immigration applications over the internet instead of through US postal service. "The agency signed a five-year contract with IBM in November; the company will be the lead systems integrator on the project. It's tasked with digitizing the agency's processing system, which currently relies on some 70 million paper files scattered at hundreds of locations across the country."

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


Focus

The H-1B Book

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

II. INTRODUCTION

  • The Complete H-1B Process: Attorney Flowchart
  • The H-1B Process: Attorney's 10-Step System
  • Overview of H-1B Visas
III. H-1B STEP BY STEP

First Step: 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
Second Step: 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
Third Step: 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
Fourth Step: 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
Fifth Step: 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)
Sixth Step: 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)
Seventh Step: 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
Eighth Step: 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
Ninth Step: 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
Tenth Step: 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
IV. ADVANCED H-1B ISSUES
  • H-1B Degree Equivalency by Mikiel J. Davids
  • Reviewing The Path To Permanent Residency by Courtney Black and Karen Weinstock
  • Traveling On An H-1B Visa While Petition Or Application Is Pending by Ari J. Sauer
  • Dealing With Gaps In Employment by Rajeshri S. Patel and Karen Weinstock
  • Temporary Visa Alternatives To The H-1B by Courtney Black and Karen Weinstock
  • The History And Economic Impact Of The H-1B Visa by Elissa Taub, Melissa Downing and Karen Weinstock
  • When Are H-1B Visas Cap Exempt? by Karen Weinstock
For more information about the book and to order, see here. For the fax form, see here.


Articles

Mexico: The Third War
Fred Burton and Scott Stewart write "In recent years, however, the security environment has deteriorated rapidly, and parts of the country have become incredibly violent."

Bloggings on Nurse Immigration
Christopher T. Musillo of the Hammond Law Group writes "On Thursday, in an off-the-cuff response to a question by Rep. Lois Capps, the President said, 'The notion that we would have to import nurses makes absolutely no sense.' "

Immigrants Of The Day: Annie Moore of Ireland, Yoichiro Nambu of Japan, and Ronan Noone of Ireland
Kevin R. Johnson celebrates the achievements of these immigrants.

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


News

Omnibus Act Extends E-Verify And EB-5 Through Sep 30, 2009
President Obama signed Public Law No: 111-8 which extends the E-Verify program and the EB-5 regional center program through September 30, 2009.

ICE Updates SEVP Approved Schools List
ICE issued an updated list of SEVP approved schools as of December 28, 2008.


Classifieds

Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of Chief Counsel (OCC) seeks experienced attorney with 2+ years demonstrated experience in immigration law or related experience for the Legislative Counsel Division. Function primarily involves proposed changes to the immigration laws, it also includes legislation on the subject of appropriations, public benefit programs, Federal personnel law, and any other matter affecting the operations of USCIS as a Federal agency. Applicants must possess JD degree, be active bar member (any jurisdiction), and have 2+ years of post-JD experience in immigration law. For more info, key in Job Announcement Number: COU-CIS-2009-0003 at USAJobs.com. Submit a resume, cover letter + writing sample (max. 10 pps.) to: Philip B. Busch, Legislative Counsel, USCIS Office of the Chief Counsel at Philip.Busch@dhs.gov. Must be sent by 5pm, EST, Friday, March 13, 2009. Position is at the GS-13/15 levels. No relocation reimbursement available.

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 www.inszoom.com/websites or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.

Expert Witness Services
Muslim World Expert Dr. Shaul M. Gabbay is pleased to offer expert testimony on immigrants from Muslim countries/societies, including the former Soviet Union (USSR). I have testified in 150+ Immigration Court cases nationwide (asylum, cancellation of removal) and to USCIS (asylum interviews, hardship waivers) with very high success rates. For more info, including detailed biography + testimonials from lawyers who have worked with me in the past, see: www.muslimworldexpert.com. Please contact me with any additional questions: Dr. Shaul M. Gabbay, Muslim World Expert, Josef Korbel School of International Studies, University of Denver, Denver, Colorado, sgabbay@du.edu, (303) 871-2560. For countries outside of my expertise, I may be able to recommend an expert in that area.


Headlines

New York Times Starts A National Conversation On Immigration
The New York Times is today starting a national conversation on immigration and the impact on immigrants.

Workplace Electronic Immigration Check Continues For Now
Despite a last-minute blitz by immigration restrictionist groups, the U.S. Senate did not approve a 5-year extension of a voluntary electronic system to verify workers' immigration status.

Why Arizona's Sheriff Joe Arpaio Must Go, And Soon
Thirty-five thousand people from all over the country signed a petition calling on the departments of Justice and Homeland Security to investigate Arizona's infamous Sheriff Joe Arpaio.

Fremont Will Seek Court Ruling On Immigration Ordinance
Fremont city attorney Dean Skokan plans to ask the Dodge County District Court to rule on initiative petitions seeking a special election on an ordinance aimed to curb illegal immigration.


comingsNgoings

Readers can share professional announcements (up to 100-words at no charge), email: editor@ilw.com. To announce your event, see here

New Office
Joseph S. Hughes of Hughes Law Office has relocated his office in Berrien Springs, MI to 213 West Ferry Street. The firm also has a office at 1052 Bridge Street NW, Grand Rapids, MI. immigration2usattorney.com.


Letters

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

Dear Editor:
As always, when discussing immigration, there is a line between upholding the law and racism. David D. Murray's letters (03/12/09 ID), among others, stand for upholding the law. No one can argue with that. Chia-Li Sung's letter (03/10/09 ID), on the other hand, goes far beyond that. In her letter's view, Latino immigrants are not only illegal, but they are also rapists, drug dealers, gang members, drunken drivers, murderers, uneducated, poverty-stricken and producers of welfare babies. Certainly, some Latino immigrants are one or more of these things, as are some immigrants - and many US citizens - in Chinatown, Chicago's South Side and other US ghettos. But Ms. Chia's letter implies that these negative attributes are typical of Latino immigrants in general, just as American racists did with respect to Chinese immigrants back in the days of the exclusion laws and the "Yellow Peril". Of course, Chinese were not the only immigrants in our history who were labeled as criminals, drunks, welfare cheats and worse. Jewish, Irish, Mexican, Polish, Italian and many other immigrants were also subjected to the same racist attacks. Ms. Sung's letter is a throwback to a very dark time in America's history.

Roger Algase, Esq.
New York, NY

Dear Editor:
The news article referenced in 03/11/2009 ID, "Eva Longoria Vows to Protect Mexican Immigration," strikes a resounding note to support the proposition that immigration is racist. Ms. Longoria, daughter of Mexican-American parents, whose ancestry traces back to southern Mexico, is quoted by Fox News as having said, "First things first, our country is in a really tough position right now and I think definitely immigration will be addressed and I will be there to make sure that we're protected." (Who does the article mean by "we're protected" -- US citizens or Mexicans?) The article says, "And is it about time we devoted our resources to our neighboring land rather than pouring funds globally." - Devote resources? - Does the article mean pour American money into the corrupt Mexican government? I certainly hope not. Perhaps to the people directly? How? Not that there is anything wrong with an American with Mexican roots wanting to help Mexicans, but why focus on immigration. Why not help them in Mexico and why not help needy US citizens first? Perhaps this is just movie star babble, but God knows we have many poor here in the US that desperately need help, especially in Appalachia, and increasingly all over the US, as the financial crisis continues. Why then does the article appear only seek to help Mexicans? There's the rub. People who see race as the motivating factor in immigration would certainly see it here -- in reverse. Others may ask, "I wonder why the article does not offer to help Rwandans, Congolese, Somalis or Ugandans, who are certainly needy candidates for the US dream. Oh, I forgot -- they're a different race. ,

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
When not in the irrelevant attack mode, the David Murray letters (3/12/09 ID) are frequently meritorious as was yesterday's agreement with the Chia-Li Sung letter (3/10/09 ID) which objectively discussed the effects of too much immigration. Two other letters condemned the C. Sung letter which brings us to the topic of patriotism, often mentioned in this forum and definitely related to the immigration question. Indeed, to preserve our unique form of government, the related, essential topic of allegiance is also, or should be, in the mix for immigrants, otherwise, they are just migrants and our Nation diluted. Patriotism is defined as a love of and loyalty to one's country and a patriot is someone who loves, supports, and is prepared to serve their country. The letters that condemned the CS letter (or letters that place the interests of foreigners above US citizens) have allowed their agenda (whether a impractical race or labor based egalitarianism) to have priority above America's best interests regarding entry and therefore falls short of what patriotism and good citizenship should be. Of course, the opposite of patriotism is: UnAmerican.

Jim Roberts


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. 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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