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Immigration Daily January 15, 2010
Previous Issues
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Comment

Varick Closing

The New York Times reports "Immigration and Customs Enforcement will close a controversial detention center in Greenwich Village next month and transfer the center's roughly 300 detainees to a county jail in New Jersey, federal officials announced on Thursday." For the full story, see here.

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


Focus

PERM For Experts

Tuesday, January 19th is the deadline for the Wednesday, January 20th phone session of "PERM For Experts" with speakers Devang Shah (discussion leader), Aron Finkelstein, Daniel C. Horne, Allen Orr, Steve Springer and Other Speakers To Be Announced. The curriculum is as follows:

FIRST Phone Session on January 20: Pre-filing Essentials

  • Introduction of the National Prevailing Wage Determination, ETA Form 9141.
  • Advanced Issues in preparing an ETA 9089 for PERM and I-140 approval
    • Foreign degree equivalences for EB2 and EB3.
    • Alien's influence and control over the job opportunity.
    • Use of qualifying experience gained with the sponsoring employer or as a contractor.
    • Preparing business necessity letters in anticipation of an audit.
    • Foreign Language Requirements
    • Combination of Occupations
    • Combinations of Education, Experience and Training
    • Alternative Requirements
    • Ensuring that the company has the ability to pay.
SECOND Phone Session on February 4: Ensuring a Successful Recruitment Campaign
  • Tips for advertising and other recruitment requirements for professional occupations.
  • Ensuring the employer's compliance for the review of resumes, interviews and preparation of recruitment reports.
  • Avoid sanctions; understanding the attorney's role in recruitment process. What is and is not permissible.
  • Filing PERM applications in economically challenging times.
    • Layoffs in the company industry pre PERM filing and/or post PERM filing.
    • Effect of Employer's Bankruptcy.
    • Is supervised recruitment in our future ?
THIRD Phone Session on March 4: Post Filing Issues
  • Responding to an Audit.
    • Preparation of recruitment reports at the pre-filing stage necessary to withstand an audit.
    • Use of Expert opinions
    • Business Necessity Letters.
    • Layoff Reports
  • Strategies to re-file a PERM petition.
    • Errors vs. Mistakes.
    • When and how should you file a request for reconsideration ?
    • Withdrawing a petition. When is it permitted and strategies for appropriate timing of withdrawals.
    • Refiling and Second PERM applications.
  • Recent PERM BALCA case summaries.
Tuesday, January 19th is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: http://www.ilw.com/seminars/201001.shtm. Fax form: http://www.ilw.com/seminars/201001.pdf. Don't delay, sign up today.


Articles

Bloggings On Nurse And Allied Health Immigration
Christopher T. Musillo writes "The USCIS has just released a comprehensive Memo aimed specifically at H-1B users who place employees at third-party job sites, such as many IT and healthcare staffing companies."

Bloggings on Deportation And Removal
Matthew Kolken writes "It is both shocking and disgusting that this type of barbarism is allowed to continue and is covered up by the very animals that hold the keys to the cages."

Bloggings On Updates In Immigration Law
Carl Shusterman latest posting discusses how "federal courts may review I-751 hardship waiver denials."

Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "The global mush is extra thick when USCIS pours out new changes on its home page."

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


News

CIS Ombudsman On Refugee Processing
CIS Ombudsman's office released its responses to questions received regarding refugee processing

DHS On Streamlined Military Citizenship Application Process
DHS Secretary Janet Napolitano announced the publication of a rule formalizing DHS' longstanding policy to expedite and streamline the citizenship process for men and women bravely serving in America's armed forces.


Classifieds

I-9 And E-Verify Compliance Technology
What do top employment firms, leading I-9 experts, and 3,000+ US worksites all have in common about their I-9 and E-Verify compliance strategy? LawLogix's state-of-the-art integrated I-9 and E-Verify system that provides organizations with a platform to create, store, and easily manage secure electronic and error checked I-9's and E-Verify results. LawLogix boasts a 9-year track record, successful migration of over half a million paper I-9s, unmatched data security, and cutting edge features to assist organizations with state and federal compliance (e.g., FAR Executive Order 13465). We offer a systematic approach to the reduction of compliance risks including the automated digitizing and transcription of old I-9s, real-time error checking of new electronic I-9s, and data integration with current HRIS systems. Tangible results: time-saved, fewer paid fines, significant reductions in compliance and reputation risks. Visit: www.lawlogix.com, email i9sales@lawlogix.com or call today 602-357-4240 ext. 7150 to sign-up under our money back guarantee or to request your private demo.

Help Wanted - Immigration Paralegals
Reston, VA - Goel & Anderson, LLC, a prominent business immigration law firm, has challenging, rewarding, and stable career opportunities for immigration professionals. Due to the sustained growth of our practice, we currently have multiple openings for experienced corporate immigration paralegals. 3+ years of business immigration experience (NIV and IV) with top-tier immigration practice or in-house corporate immigration department desired. Experience with corporate immigration compliance and/or global immigration matters is a plus. Extensive client contact involved. Undergraduate degree, excellent organizational and communication skills (both written and oral), and the ability to work independently in fast paced environment required. Goel & Anderson offers highly competitive salaries + outstanding benefits. Qualified candidates invited to apply with resume + cover letter to careers@goellaw.com. All submissions kept strictly confidential. No phone calls please.

Help Wanted - Immigration Attorney
Los Angeles, CA - USCIS Office of the Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. J.D. degree, active bar membership, 2+ years of post-J.D. experience required. For full details enter COU-CIS-2009-0010 here. Applicants must submit (1) writing sample (10 pps. max) (2) resume (3) cover letter, to Kelli.Duehning@dhs.gov. All submissions must be received by close of business on January 15, 2010. GS-13/14/15. Position open until filled. No relocation allowance offered.

Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160. The Forensic Psychology Group provides nationwide expert witness services in all areas of immigration law. It is led by Stephen Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical psychologists and attorneys, and also AILA members. The Group's experts - all licensed psychologists or psychiatrists - have extensive experience in working collaboratively with immigration lawyers on a wide range of forensic psychological issues. We offer nationwide service in the following areas: psychological consultation, psychodiagnostic evaluation, psychological reports, expert witness services, courtroom testimony, political asylum evaluation, extreme and exceptional hardship evaluations, spousal abuse, citizenship waivers. Dr. Stephen Reich, the Group's founder and director, is a nationally known forensic psychologist who holds a BA, JD, and MBA from Columbia University, and an MA and PhD in Clinical Psychology from Fordham University. He has been on the faculty of Weill Cornell Medical College and on the Attending Staff of New York Presbyterian Hospital for 30+ years. Visit The Forensic Psychology Group. The right experts make a real difference.


Headlines

California Economist Releases Immigration Study
The study found comprehensive immigration reform, that includes legalization and flexible future visa programs, will result in $1.5 trillion in economic growth during a 10 year-period.

Haiti Earthquake: Call To Let Haitians In US Illegally Stay
But some are pressing for some 30,000 Haitians in the US illegally to be given 'temporary protection status'.

Canada Suspends Visa Requirement for Aid Workers and Evacuees From Haiti Transiting Through Canadian Airports
Passengers aboard non-commercial aircraft bringing aid to and evacuating people from Haiti that are making a technical stop or transiting through Canada's airports temporarily will not require a visa, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today.

Children Pay High Price In Our Fight Over Immigration
And no matter how we feel about undocumented immigrants, we need to remember the innocent chidren whose lives are affected every day by the lack of progress toward reforming immigration regulations.


comingsNgoings

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

New Event - San Diego, CA
'Birth Rates and Border Crossings: The Demographic Push Behind Emigration in the Americas', 2:00-5:00 p.m., Tuesday, February 10, 2010, Eleanor Roosevelt College Admin. Bldg., Conference Room 115, First Floor, University of California, San Diego http://ccis.ucsd.edu/2010/02/gordon-hanson-birth-rates-and-border-crossings-the-demographic-push-behind-emigration-in-the-americas. Contact Ana Minvielle, aminvielle@ucsd.edu, (858) 822-4447 for more info.


Letters

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

Dear Editor:
I know of many non-immigration attorneys who would likely be willing to take on one or two free TPS cases if they had a primer on how to do it (see 01/14/10 ID comment). Would ILW.COM consider publishing a simple "TPS Crash Course" in PDF format?

Chad Van Cleave, Esq.
Cameron, TX

Editor's note: We think this is a wonderful suggestion and invite attorneys to submit an Article for consideration on this topic for publication in Immigration Daily.

Dear Editor:
The American military has had to intervene repeatedly in Haiti, most recently in the mid-1990s and in the mid-2000s, to provide police functions, among other things (see 01/14/10 ID comment). Why is Immigration Law Daily publishing fascist propaganda uncritically, when it has a policy of censoring or altering letters to the Editor that it does not agree with?

John Wheat Gibson, Esq.
Dallas, TX

Editor's note: We edit letters to the Editor for length, barnyard language, copyright, and libel issues. We have never censored or altered letters for reasons other than the afore mentioned, while reserving the right to edit letters for other reasons that may come up in the future.

Dear Editor:
Does anyone out there seriously believe President Obama's "promises" on CIR anymore? After all, this a guy who publically stated on at least six or seven occassions that final health-care legislation negotiations would be televised on C-SPAN. This will not be happening. President Obama also stated that the bank bailout, through brilliance of design and flawlessness of execution, would not only pay for itself, but would also result in profits for the U.S. taxpayers. Now a special tax has proposed to shake down banks (admittedly, not the most sympathetic constituency) to pay for the bank bailout. And the "jobs created" (or is it jobs saved? It's hard to keep track) by the "stimulus" issue is just too comical to discuss. Was it Joseph Stalin who once said that the greater the lie, the more likely people will believe it? When noting this divergence between rhetoric and reality, who is willing to bet the house on President Obama moving political heaven and earth on CIR before 2011, a non-election year?

Brandon Meyer, Esq.
Solana Beach, CA

Dear Editor:
Thank you for ID's comment (01/14/10) encouraging immigration lawyers to offer reduced-fees or no-fee assistance to Haitian applicants for TPS. As ID pointed out this can be our way of contributing and I intend to do it when TPS for Haitians opens.

Janis Peterson-Lord, Esq.
Long Beach, CA

Dear Editor:
Responding to ID's 01/14/10 comment, "We believe that the President will either have to scale back the efforts in the wars under way or activate some reserves. In other words, the Haitian tragedy is an American one too - our options in Iraq and Afghanistan will be constrained by the earthquake." ... What ID failed to notice or include what is even required by law in engineering and commonly and known as a FS or "factor of safety" and I expect the president has innumerable other resources you do not yet comprehend.

Eric

Dear Editor:
Haitian are really in the need of help in Haiti and in the US ID's (01/14/10 comment). So Haitians can have jobs, drivers licenses, and be able to support their families back home.

Jesus Duran


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 1995-2010 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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