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Immigration Daily July 20, 2009
Previous Issues
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Comment

Make Sure You Get It

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


Focus

The Consular Posts Book, 2009-2010 Edition

The Table of Contents for "The Consular Posts Book", 2009-2010 Edition is as follows:

PART I. MAJOR CONSULAR POSTS
Chapter 1: Argentina - Buenos Aires, By Christi Hufford
Chapter 2: Armenia - Yerevan, By Alice Yardum-Hunter
Chapter 3: Australia - Sydney, By Noah Klug
Chapter 4: Brazil - Sao Paulo, By Kristina Rost
Chapter 5: Canada -Toronto, By Dharamchand " Randy" Depoo
Chapter 6: China - Beijing, By Frederick W. Hong; Guangzhou, By Jakob Lipman and Adam Lee; Shanghai, By Christy Nguyen
Chapter 7: Colombia - Bogota, By Luis A. Pinilla
Chapter 8: France - Paris, By Curtis Pierce
Chapter 9: Germany - Frankfurt, By Steven A. Culbreath; Munich, By Magdale Labbe Henke
Chapter 10: Haiti - Port au Prince By Jose E. Latour
Chapter 11: India - Chennai, By Vic Goel; Kolkata, By Poorvi Chothani; Mumbai, By Priscilla Jones; New Delhi, By Poorvi Chothani
Chapter 12: Jamaica - Kingston, By Claire D. Nilson
Chapter 13: Nigeria - Lagos, By C. Valerie Ibe
Chapter 14: Philippines - Manila, By Emmanuel S. Tipon
Chapter 15: Taiwan - Taipei, By Lesa M. Lawrence and Jessica L. Rodriguez
Chapter 16: Trinidad and Tobago - Port of Spain, By Claire D. Nilson
Chapter 17: United Kingdom - London, By Edward S. Gudeon
Chapter 18: Vietnam - Ho Chi Minh City, By Marc Ellis

PART II. THEORY AND PRACTICE
Chapter 1: Introduction
Chapter 2: New Attorney Vulnerabilities in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks
Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: The Consular Role in L-1 Blanket Petitions
Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
Chapter 11: State Department Name-Checks and Security Advisory Opinions (SAOs)
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces
Chapter 13: What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions
Chapter 14: A Template for Attorney Risk-Assessment

PART III. THE CONSULAR POSTS RESOURCES ON CD-ROM
Selected excerpts and documents: Statutes, Regulations, Foreign Affairs Manual, Forms, Executive Orders, Department of Commerce, Department of Homeland Security, Department of Justice, Department of Labor, Department of State, Bureau of Labor Statistics, Customs and Border Patrol, Citizenship and Immigration Services, Government Accountability Office, Federal Bureau of Investigations, Immigration and Customs Enforcement, Internal Revenue Service, The White House, ILW.COM, Miscellaneous, Web Links

For contributor bios, more info, and to order, please see: http://www.ilw.com/books/ConsularPosts.shtm . Or for fax, please see: http://www.ilw.com/books/ConsularPosts.pdf


Articles

Bloggings On The H-1B Visa
Anthony F. Siliato and Scott R. Malyk write "Consistent with the current culture of USCIS adjudications, H-1B employers who provide IT consulting and staffing services are faced with yet one more obstacle to navigate."

Bloggings on Dysfunctional Government
Angelo A. Paparelli writes "Federal Inspectors General (IGs) are critically-important public servants -- except when they are entranced by the siren song of individual Members of Congress who commission reports that lead to phony, pre-ordained and self-serving outcomes."

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


News

USCIS On Denied H1B Petitions For Health Care Specialty Occupations
USCIS issued guidance to certain employers who received a denial of Form I-129 requesting H-1B classification for a beneficiary to practice in a health care specialty occupation prior to May 20, 2009, the related memo can be found here.


Classifieds

Help Wanted: Immigration Attorneys
Midtown Manhattan - Boutique law firm seeks two attorneys: 1) Senior attorney with 3-7 years experience to manage own caseload of employment-based immigrant and non-immigrant visa petitions for a wide range of professionals, including research scientists, artists/designers, athletes, IT professionals, etc, family-based petitions, motions & EOIR matters. May also handle some litigation matters. 2) Junior attorney with 1-3 years experience to assist Senior attorney with business & family immigration matters and handle personal injury/no fault and matrimonial litigation. This position requires admission to NY Bar; admission to NJ Bar is a +. Both positions require great initiative and follow-through, as well as excellent writing and interpersonal skills. Ideal candidates will have graduated in the top 1/3 of their class and have Journal experience. Salary DOE. Please email cover letter and CV to mcohen@cohenlawfirm.com.

Help Wanted: Immigration Paralegals
Downtown Washington, DC (K Street area) - Fast-paced boutique immigration law firm seeks legal assistants. 1-2 yrs exp req.d in business/family immigration law. Interesting work and clientele; no timesheets; latest technology; competitive salary and benefits (401K, health insurance, paid vacation, etc). Successful applicants will be detail-oriented, able to handle volume, highly organized and strong communicators. Email resume, cover letter and salary reqs to jobs@immigrationgroup.com. No calls please. EOE.

Help Wanted: Immigration Attorney
Lincoln, Nebraska - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney for the position of Service Center Counsel at the Nebraska Service Center (NSC). Responsibilities include, but are not limited to, serving as an attorney providing legal advice to the NSC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security; writing visa appeal briefs and providing litigation support to the U.S. Attorney's office on cases arising from Service Center adjudications. J.D. degree, active bar membership by the entry on duty date. For full details enter COU-CIS-2009-0005 here. Applicants must submit (1) resume , (2) writing sample (10 pps. max), (3) references to William.Craig@dhs.gov. All submissions must be received by close of business on July 17, 2009. GS-13/15, position open until filled. No relocation allowance offered.

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.

Translation Services
Eurasia Translations, Inc. has been proud to serve immigration attorneys and individuals since 1993 with the translation of personal documents, academic credentials, criminal clearance letters, etc. Our customers can rest assured that all of our translations are prepared in accordance with USCIS requirements and are accompanied by a notarized certificate of accuracy. For more information, please call 888-887-1884 or visit our website. For a free quote, please complete http://www.eurasia-usa.com/quoteRequestForm.html or fax your document at 818-907-9763.


Headlines

Poll: Women Changing The Face Of Immigration Debate
Data suggest that half of U.S. immigrants are women, and they are facing radically different challenges than those which confronted their male counterparts of decades past.

PA Woman Sentenced In Immigration Case
A King of Prussia woman was sentenced yesterday to 21 months in federal prison for denying on an immigration application that she had been a prostitute or had procured anyone for prostitution.

AZ Attorney General Goddard Backs Changes To Immigration Raids
The changes could impact Maricopa County Sheriff Joe Arpaio's enforcement efforts, including raids on drop houses and businesses, conducted under a federal pact signed in April 2007.

Feds Accuse SC Poultry Plant Of Illegal Hiring
Federal authorities say a South Carolina poultry processing plant knew its managers were hiring dozens of illegal immigrants at a facility raided in October.


comingsNgoings

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

Immigration Event
July 28, 2009, 4pm EDT - The Law Enforcement and Public Safety Channel is pleased to invite you to attend an Online Law Enforcement And Public Safety Training & Knowledge Transfer: http://www.leaps.tv/programdetail.php?program_code=200907281600.


Letters

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

Dear Editor:
In a partial defense of immigration processing fees (7/10/09 ID comment). Congress has made it quite clear (and that applies to the Republican and Democrat Congresses of recent years) that it wants immigrant processing to be self-supporting. The fees charged support a fairly substantial government agency. Congress loads the agencies up with contradictory mandates and then the hapless bureaucrats are left to deal with the mess, always subject to a Congressional hearing or other legislative branch pressure if the political winds make it expedient to pick on some poor civil servant. The blame for the fees is not properly affixed to the executive branch, though individual cases of surliness, thick headedness and all the rest often are. Congress passes laws with goals that are often in conflict in the same bill so that it's members can claim to be on the right side of any screw-up that inevitably happens. We can see the same dynamic in tax code fights or environmental regulations, each of which also tries to address every concern and problem in the world and succeeds mostly in making life more stressful, more fraught with unintended consequences and less just than it should be. I not so humbly suggest that we need radical simplification of the immigration system, not additional ombudsmen (though the one's I've met are nice enough) or layers of additional memoranda. Cut the variety of visas down dramatically and limit the screening process to eligibility, health and security concerns and the costs should decline tremendously. To pick one example, I see no role played by the Department of Labor that comes close to justifying the hassle it adds to the immigration process. Let costs regulate the system. Then numbers can fluctuate through supply and demand instead of years of queuing that vary wildly depending on the country of origin of the person applying.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Yesterday, July 15 will be a historic day in my career. New client expiring status that day, desiring to depart the U.S. but unable to, so fallback position: file an extension application for a short few months. Tried to do that online and for the first time in years since inception in my experience, the online E-filing system did not work. No matter what credit card or bank account number I tried to pay with, none worked. Neither did some of the usual links, like simply processing times at the Service Centers. Fortunately, all failures could be documented by simply printing out the pages, but what about the rights of individuals in the process. If the government wants to know about usability of its website and feedback they should read this: they must have their website available 24/7 if they profess to accept e-filed cases. For individuals whose statuses are expiring with no other options have to be able to file their cases predictably there, or if they’re unable to, rationale of untimely filing based on error of the government and no fault on the part of the alien for this reason doesn’t reflect well on the system. To be prevented from filing timely in emergencies due to CIS website errors shouldn’t be tolerated, or categorically excused. Hoping this is short and sweet enough, and worthy of the attention of those whose opinions matter on such issues.

Alice Yardum-Hunter, Esq.
Encino, CA

Dear Editor:
Edward R. Litwin's letter (07/17/09 ID) is a good description of the arrogance of government officials, in this case DOL staff in charge of PERM, who seem to have forgotten that they are supposed to be administering laws that are intended to allow qualified people who follow the rules to get immigration benefits, not using these laws an an excuse to prohibit immigration, something that only Congress has the right to do. On a related note, I just had my first experience with the new DOL icert LCA procedure for H-1B cases. I was delighted to find out that my client's LCA was certified, but during the one-week waiting period the employee's work authorization came very close to expiring, meaning that the employer which is filing the H-1B would at the same time have to lay the person off until October 1, since the automatic extension of EAD's pending a decision on cap subject H-1B petitions does not apply to EAD's that have already expired at the time of filing the H-1B petition. In addition, though this may be a small point, I never got the promised email from the DOL confirming that the LCA form was certified. Neither did the employer. I had to find out through other means. What is the point of cancelling a DOL system which was working fine and replacing it with one which works imperfectly, and with unnecessary delay? Protection against fraud? Give me a break. There has been fraud ever since the serpent caused Adam and Eve to be deported from the Garden of Eden. But throwing monkey wrenches into immigration systems is not the way to combat fraud, which, in the case of most immigration programs, is highly exaggerated. The only real purpose of this kind of government obstructionism is pandering to the anti-immigrant lobby.

Roger Algase, Esq.
New York, NY


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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