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Immigration Daily March 5, 2010
Previous Issues
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Comment

Top Links February 2010

We feature the most accessed links by our readers in February 2010 below:

Top five February Immigration Daily Articles

Top five February Immigration Daily Items

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 is Edited by Karen Weinstock, and features contributions by Prakash Khatri, Courtney Black, Mikiel J. Davids, Melissa Downing, Rajeshri Patel, Ari J. Sauer, and Elissa Taub. The Table of Contents is as follows:

I. FOREWORD by: Prakash Khatri

II. INTRODUCTION

III. H-1B STEP BY STEP
First Step: Interview The Client
Second Step: Send The Client Intake Forms And Related Information
Third Step: Credentials: Verify That The Worker Has A US Bachelor's Degree Or Equivalent
Fourth Step: Determine The Prevailing Wage
Fifth Step: Prepare And File The Labor Condition Application (LCA)
Sixth Step: Prepare The I-129, Related Forms And Petition Letter
Seventh Step: Send All The Forms And Petition Letter To The Client For Review & Signature
Eighth Step: Assemble The H-1B Petition And Send To The USCIS Service Center
Ninth Step: Troubleshooting
Tenth Step: Post-Approval Case Management

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

V. ESSENTIAL MEMORANDA

VI. CD-ROM RESOURCE MATERIALS

For more information about the book and to order, see here. For the fax form, see here.


Articles

Bloggings on Deportation And Removal
Matthew Kolken writes "Here is another must read piece of reporting from New York Times reporter Nina Berstein: Lawsuits Renew Questions on Immigrant Detention."

Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "Nothing about immigration policy or law is simple. Draw your own conclusions."

DHS Progress Report
Royce Bernstein Murray, Esq. and Mary Giovagnoli, Esq. for the Immigration Policy Center write "This comparison reveals that DHS is a department caught between entrenchment on enforcement  and the competing priorities of new reforms.

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


News

9th Circuit Says USCIS May Not Impose Novel Evidentiary Requirements
In Kazarian v. USCIS, No. 07-56774 (9th Cir. Mar. 4, 2010), the court said that "nothing in 8 CFR 204.5(h)(3)(vi) required a petitioner to demonstrate the research community's reaction to his published articles before those articles can be considered as evidence, and neither USCIS nor an AAO may unilaterally impose novel substantive or evidentiary requirements beyond those set forth at 8 CFR 204.5" and further said that "while the AAO's analysis might be relevant to a final merits determination, the AAO may not unilaterally impose a novel evidentiary requirement." In a footnote, the opinion said "it is distressing how many good people - including the highly educated and the minimally educated - fall prey to disreputable lawyers known to the immigration system."


Classifieds

Help Wanted: Immigration Attorney
Chicago, IL - The Office of the Chief Counsel seeks experienced attorney with demonstrated experience in personnel law, labor law, torts law, privacy and disclosure law and other administrative laws for the Commercial and Administrative Law Division. Serve as senior attorney providing advice to Chief of the Commercial and Administrative Law Division, the Chief Counsel, and USCIS officials located at the Headquarters Office in support of USCIS's mission. Five+ years relevant legal experience required. For more info, key in Job Announcement Number: COU-CIS-2010-0002 at USAJobs.com. Submit resume, cover letter + legal brief samples (max. 10 pps.) to: Lakisha Richardson: at Lakisha.Richardson1@dhs.gov. This job is being filled by an alternative hiring process and is not in competitive civil service. Must be received by close of business, Monday, March 22, 2010. Position is at the GS-13/14/15 levels.

Help Wanted: Immigration Attorney
New York, NY - The Office of the Chief Counsel seeks experienced attorney with demonstrated experience in personnel law, labor law, torts law, privacy and disclosure law and other administrative laws for the Commercial and Administrative Law Division. Serve as senior attorney providing advice to Chief of the Commercial and Administrative Law Division, the Chief Counsel, and USCIS officials located at the Headquarters Office in support of USCIS's mission. Five+ years relevant legal experience required. For more info, key in Job Announcement Number: COU-CIS-2010-0003 at USAJobs.com. Submit resume, cover letter + legal brief samples (max. 10 pps.) to: Lakisha Richardson: at Lakisha.Richardson1@dhs.gov. This job is being filled by an alternative hiring process and is not in the competitive civil service. Must be received by close of business, Monday, March 22, 2010. Position is at the GS-13/14/15 levels.

Help Wanted: Immigration Attorney
Laguna Niguel, CA - The Office of the Chief Counsel seeks experienced attorney for its Training and Knowledge Management Division (TKMD). Attorney will serve as advisor to the Division Chief of TKMD, the Chief Counsel, and to USCIS and other Departmental components on issues relating to U.S. immigration laws. Attorney will provide legal advice, develop, and conduct training on a variety of immigration related issues. Position has a particular focus on employment-based nonimmigrant and immigrant classifications, and will be located at California Service Center. Travel is connected with position. For more info, key in Job Announcement Number: COU-CIS-2010-0001 at USAJobs.com. Applications submitted through USAJOBS will not be considered. Submit resume, cover letter + two writing samples (max. 10 pps.) to: Janice Neetenbeek, Chief, TKMD: at Janice.Neetenbeek@dhs.gov. Must be received by close of business, Monday, March 22, 2010. Position is at the GS-13/14/15 levels. No relocation reimbursement available.

Help Wanted - Immigration Professionals
Toronto, ON - Immigration law firm seeks global immigration specialists (lawyers or paralegals with global file management experience) for Toronto-based global practice focused exclusively on corporate clients. The successful candidate will demonstrate complex problem solving capabilities and superior communication skills; offer excellent initiative and co-ordination attributes; be comfortable working in a fast-paced and challenging environment; and have an aptitude to learn and use proprietary software technology. Language capabilities in Spanish a valuable asset in this global migration position. Submit your resume via email to Lonnie Wellman: lwellman@gt-hrlaw.com or by fax to 416-943-0289.

Help Wanted - Immigration Paralegals
NYC - Boutique immigration law firm seeks (2) paralegals with the following experience: Immigration paralegal #1 with 2+ years of specific experience in O-1, P and EB-1 visa applications and Immigration paralegal #2 with general business immigration experience in H-1B, L, E-2, EB2 and EB 3 visa applications. Recent law school graduates or foreign lawyers will be considered. Please apply by sending cover letter, detailed CV and relevant writing sample, indicating the specific position sought to: ContactNYCLawyer@gmail.com, fax: 212.918.9078.

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.

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.


Tweets

Business #Immigration Law: Strategies For Employing Foreign Nationals: H-1Bs, L-1, E-1 and E-2 and other issues http://ow.ly/1cWK0

#DOJ OSC on #immigration-related workplace discrimination video http://ow.ly/1eKKq

Antis publish list of racist rascals http://ow.ly/1eJSG 2/3 r from the South. These traitors deserve to be deported! #immigration

WaPo story: #Obama ally of 24 years warns him of continued enforcement strategy http://ow.ly/1eJB9 The deportations must stop NOW!

WaPo story: Senator Brown campaigns for #McCain against racist opponent in #GOP primary http://ow.ly/1eJuk

#Obama to invite #Schumer n #Graham to Whitehouse http://ow.ly/1eJn7 Cud b just window dressing, the real q is: When does markup start?

TheHill story: VCs lobby for StartUpVisaAct http://ow.ly/1eIFz #immigration

RT @cliniclegal: ICE Officials Crack Down On Miami Language School - 81 may face deportation: http://ow.ly/1eFDU #dwn #immigration

Obama risks alienating Latinos with lack of #immigration reform: sense of betrayal among Latinos is palpable http://ow.ly/1eF3g #ri4a

Anti-immigrant laws bedevil native citizens http://ow.ly/1epMr Abolish big brother!

Racists will eventually cost the #GOP Texas http://ow.ly/1epJX Earth to GOP: Deport Lamar Smith from GOP!

Racist attorney stunts to win election http://ow.ly/1epG3 Deport this anti-American traitor!

WaPo story: Rahm Emanuel "corroded Obama's commitment to #immigration reform" http://ow.ly/1epsk Does Obama want to be a 1-termer? #CIR NOW!

Antis crow about Democrats throwing #immigrants under the bus on health care bill http://ow.ly/1ejSt

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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 - Cambridge, MA
March 5-7, 2010, The Harvard Latino Law and Policy Conference is jointly hosted by La Alianza, a student organization at Harvard Law School, and the Latino Caucus, a student organization at the Harvard Kennedy School, 'Justice and Power: A Dialogue', http://www.latinoconferenceatharvard.com/, Agenda: Saturday, March 6, 2010 - Harvard John F. Kennedy School of Government, 10:00 a.m., Can a Guest Worker Program work? The Future of Immigration Reform.


Letters

Read the 2 comments on the last issue of Immigration Daily and share your own comments.

Comment on this issue of Immigration Daily.


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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