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Immigration Daily

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Immigration Daily January 4, 2010
Previous Issues
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New Year, New Date

Immigration Daily has followed the convention of the newspaper industry and dated its issues using the following business date. Effective today, Immigration Daily issues will correspond with the date of production, i.e. the issue produced on January 4, 2010 will be dated January 4, 2010. We hope this slight tweak will helps you to search for particular articles/items and improves ease of use.

We welcome readers to share their opinion and ideas with us by writing to


The Consular Posts Book, 2009-2010 Edition Shipping Now

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

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

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

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: . Or for fax, please see:


B-1/B-2 Visa Processing Update
Brian Bolton writes about the latest in B1/B2 visa processing.

Bloggings On Dysfunctional Government
Angelo A. Paparelli provides the latest update from his blog.

Bloggings on Deportation And Removal
Matthew Kolken provides the latest update from his blog.

To submit an Article for consideration, write to


DOL FAQs On National Prevailing Wage System
DOL-ETA issued a FAQ on the new National Prevailing Wage System.

DOL Policy Guidance On Federalized Prevailing Wage System
DOL-ETA issued a memo about the new Prevailing Wage System (setup in consequence of the new rule) effective on January 1, 2010.


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 All submissions kept strictly confidential. No phone calls please.

Help Wanted - Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks experienced attorneys with 3+ years demonstrated experience in immigration law for the Transformation Division. Serve as advisor to the Special Counsel for Transformation, Chief of the Adjudications Law Division, the Chief Counsel, and to Transformation Integrated Product Teams on issues relating to U.S. immigration laws. J.D. degree, active bar membership, 3+ years of post-J.D. experience required. This job is being filled by an alternative hiring process and is not in the competitive civil service. For full details enter COU-CIS-2009-0011 here. Applicants must submit (1) writing sample (10 pps. max) (2) resume (3) cover letter, to All submissions must be received by 5pm EST January 8, 2010. GS-13/14/15. Position open until filled. No relocation allowance offered. [Typo corrected on 01/06/10 - Editor]

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 All submissions must be received by close of business on January 8, 2010. GS-13/14/15. Position open until filled. No relocation allowance offered. [Typo corrected on 01/06/10 - Editor]

E-3 Treaty Visa
Job Expo Australia - Sydney in March 2010 - Melbourne in October 2010. Hire Australians using the E-3 Treaty Visa. It is good business to hire Australia's robust, educated and English-speaking job seekers. Employers happily find that Australians do not have the cultural assimilation or English language challenges of many workers from other countries. Can't make the Expo - utilize our Rsum Service. The Icon Group of Poulsbo, Washington USA produces Job Expo Australia. Icon has been producing world class international job expos for 12-years. Excellent, high profile, Sponsorship opportunities are available that will bring you to the attention of job seekers before and during the Expo! Outstanding hotel and airline discounts welcome you. Visit our website at Contact us at Australia(at) with your questions and requirements. Now is the time to plan and reserve your 2010 job fair participation. A portion of the Expo proceeds will benefit The Steve Irwin Wildlife Reserve - Australia Zoo. Review the National Press Release -

PERM Services
At Jon Byk Advertising, Inc., we provide a wide range of services that will help fulfill your PERM recruitment requirements quickly, cost-effectively, and efficiently. With 15+ years of experience working with one of the nation's largest immigration law firms, our customer service is unparalleled. We understand the importance of meeting DOL requirements with regards to ad content, media selection, ad documentation (tear-sheets), and deadlines. We will locate publications that meet DOL and EDD requirements by geographic region, provide upfront pricing, and timely deliver original tear-sheets for all ads (print, online or broadcast). Our experience in recruitment solutions means valuable time saved for you. For more info and a free quote, contact Mya Le at 310-476-3012 or Please visit our website for special offers and discounts.

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.


Senator Chuck Schumer to lead new effort at immigration reform
Irish Central reports on the new CIR push.

Lawsuit targets CBP
The Brownsville Herald reports "Immigration attorneys are seeking class-action status for a lawsuit against [CBP] that could have widespread implications along the U.S.-Mexico border."

To Overhaul Immigration, Advocates Alter Tactics
The New York Times reports on the student march to DC.

Tackle immigration reform in 2010
An opinion piece on CNN says "It's time again for New Year's resolutions, especially if Congress and the White House really plan to reopen the explosive immigration debate in 2010. Whether or not they do depends on which part of the political carnival you're looking at."


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Send your professional announcement to: 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.


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

Dear Editor:
For once, I find myself in agreement to some extent with a letter of Honza Prchal's (ID 12/31/09). If one accepts what appears to be his letter's assumption that all legal immigrants are "high value" immigrants and illegals are "low value" immigrants, it would seem to make sense to make staying in this country a) easier for legal immigrants and b) more difficult for illegal ones. I think that any fair minded observer, however, would have to agree that in the last couple of years, under both Bush and Obama, the emphasis has been on b) to the virtual exclusion of a). More than that, I don't think that anyone who has been involved in immigration matters during this time would dispute that the situation for legal immigrants has become decidedly worse than it was two years ago, especially with respect to the educated professionals who should be the most welcome of all in America. Why does America persist in turning an increasingly cold shoulder to the immigrants who try hardest to obey our frustrating, irrational and overly complex laws and who have the most to offer our economy and our society? The answer is simple: most of them look different from the white majority and/or speak non-European first languages. For all too many Americans, that makes them "low value" immigrants, regardless of their other qualifications. Feliz ano nuevo!

Roger Algase, Esq.
New York, NY

Dear Editor:
This is obviously my last letter for the year, but I'll be taking a letter writing hiatus for a week or three, so I'll make a few broad end of 2009 points in response to Mr. Algase's letter (ID 12/30/09). Of course present Mexican immigrants learn English faster than certain types of earlier immigrants did - for one thing they are more likely to be literate than their predecessors of a few decades ago. We are not importing immigrants from generations ago, however, but modern immigrants - people with a far higher skill set than the Mexican average we are attracting now. In other words, Mexican immigrants, especially where they come in large numbers to one place as we immigrants tend to do (though not in the vast numbers Mexicans come here) learn English more slowly than Moldavians or Mongolians or certainly Indians, most of whom already speak it. I fail to see the rationale for de facto privileging potential gardeners and bus boys from Oaxaca while making Indian chemists, Peruvian architects or Nigerian mathematicians jump through inordinate hoops involving everyone from the Department of Labor to ICE. Why is defending the Mexican preponderance in our immigration mix such a big deal for Mr. Algase's letters? Sometimes I wonder if his letters believe the Mexican preponderance unalterable and therefore believe Americans should just lie back and try to enjoy it or if his letters dislike assimilation and high skill sets that would compete with Americans. More highly educated people generally make a society a good deal wealthier and more pleasant. We could have more immigrants in toto if we didn't make eminently tolerant, cosmopolitan people such as those in agreement with Mr. Murray's letters (ID 12/30/09) feel like foreigners in their own neighborhoods, and we could do that by decreasing (or even cutting the growth of) the illegal population and increasing the legal, generally far higher skilled, population of immigrants. Easing entry for the most productive people makes good tax policy, good social policy and, since Mexico is hardly the worst place on earth, also a more humanitarian immigration policy. Mexicans shop at Wal-Mex while highly educated Rwandans often must buy bush meat in open air markets. Why should we continue to de facto discriminate against Rwandans in our immigration policy?

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
I read the news article cited in the 12/31/2009 ID, entitled "The Amnesty to End All Amnesties", a well-balanced article with a middle-of-the-road approach to amnesty for the millions of illegal aliens present in the US. However, an Amnesty, in any form, is not in itself "Comprehensive Immigration Reform". It is a simply a Band-Aid approach to resolving the mess caused by more than twenty years of lax enforcement and a cavalier attitude by scofflaw illegals and overstays. What needs to be reformed, and what needs to be addressed by Congress, is legal immigration - the boondoggles of the ridiculously restrictive H-1B system of nonsensical limitation; the rigmarole US citizens need to go through to bring their spouse to the US; draconian, restrictive requirements on L-1B Visas, and a know-it-all approach to denying L-1A International Manager Visas. Present employment numerical restrictions are out of date and need to be revised upwards. Having said that, family immigration needs to be restricted - brothers and sisters of US citizens should have no right to immigrate. Parents immigrating is debatable, as is adult children of US citizens. It is time for Congress to decide what is good for America, rather than what is good for aliens. Where is it written on the stone tablet brought down from the mountain by Moses, that because one alien achieves US citizenship, that entitles him/her to immigrate their entire family? America needs talent from other countries. That is what makes America great, but Emma Lazarus's poem, inscribed on the base of the Statute of Liberty, has outlived it usefulness. The tired, poor and hungry do not benefit America (we have enough of them here already), but talented professionals do - so do farm workers. Let them in and close the door to deadbeats and scofflaws.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I read the letter of Murray (ID 12/31/09) addressing "bi-culturalism" as "not good". I am not sure you can measure assimilation but taking a cue from my own family and friends I can confidently say that much is lost in assimilation and not much is gained by becoming 'anglicized". What does "assimilation" means anyway? Have your neighbors sucessfully assimilated when you feel comfortable shopping in their store? Does not speaking a foreign language fluently or even at all mean someone "sucessfully assimilated"? What a uniquely American spin on linguistic incompetency. Its a ridiculous notion in this economy at this time in our history we should be encouraging kids to "speak English only". I spend much time in Europe and everyone seems to get along fine despite the challenges of multiple languages. I go to my local markets which are dominated by not Spanish speakers but Polish speakers. I don't feel out of place and I don't get upset that they are speaking a language I will never master. People who speak different languages are still "human" which often gets lost in debates on Immigration, its not a good bad or even suprising thing it just is what it is. I am reminded of a time in Europe I noticed a woman in her late 80's who was having trouble navigating the steps in bad weather. I helped her down all the while she was chatting to me and I was chatting to her, both of us speaking a different language and neither of us understanding exactly what the other said. At the end of the exchange though she was down the steps safely and we smiled at each other both of us perfectly happy with our communication.

Sergi Sheplov

Dear Editor:
Ref the Murray letter (ID 12/31/09) about Mexicans and assimilation. This is a phenomenon that exists all over the world and is not exclusive to Mexican immigrants. Cultural exclusive neighborhoods will always exist. Even here in the "melting pot." Try walking in an American ghetto at night if you are pink. Can be good too. I enjoy walking around in the D.C. Chinatown (caution-not at night by yourself).


Dear Editor:
Thomas Jefferson said: "When we get piled upon one another in large cities, as in Europe, we shall become as corrupt as Europe." The Founders believed in liberty, limited government and entry for citizens rights and a strong nation. What then are the motives of those who advocate for mass entry, weak or no borders and little or no enforcement? Much of the seeming complexity of the entry debate can be simplified by examining the motives of the debaters. Are they trying to strengthen US or weaken US because of their positions of selfish or ulterior motives? The answer is in Frosty Wooldredge's latest article: "Anti Immigration efforts equal Pro-survival for our Civilization" which asks: "What will my kids do when our immigration policy drives this civilization beyond the carrying capacity of this nation, destroys our environment, exceeds our water supplies as well as degrades our standard of living and quality of life into that of a third world country?" What are the motives of the R. Yang letters who criticizes US and favors open entry for Chinese and others, ignoring that China just jailed dissident Liu Xiaobo for 11 years for doing the same things that RY does here? Why do the letters of R. Algase rebuke those of H. Prchal's (ID 12/30/09 and 12/31/09) in addressing the difference of the enormity and separatist nature of the Mexican invasion (as described in D. Murray's letters) as compared with earlier and other limited entry? While the RA letters calls proper and prudent solutions "propaganda", "bias" and "racist" and other phony names, the truth is that RA and all other open border and entry enthusiasts from the special, ethnic and ideological interests owe US an explanation as to why they endorse agendas, devious positions, pious propaganda and blatant falsehoods that clearly are not in our national best interests.

Jim Roberts

Dear Editor:
Okay already! I will now support immigration reform! But first the illegal immigrants and their supporters must support some new laws: 1= enforce the immigration rules. 2= prosecute employers proven to willfully break the law. 3= real + virtual barriers to prevent all illegal entries. 4= prevent most civil + social services for future illegals. 5= reverse the decision that creates anchor babies. 6= create a new temporary guest worker program. The 1986 amnesty accelerated more illegal entries. The 2010 amnesty will again accelerate more illegal entries.

Peter G
Los Angeles

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X