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Immigration Daily

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Immigration Daily January 19, 2010
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ILW.COM Tweets

ILW.COM is twittering on the latest development in CIR, changes in immigration law, supporting pro-immigration campaigns, and pointing out news and articles of general interest. As an example of what Twitter can do for you, see the news item below on ILW.COM's live tweets during USCIS Director's teleconference on TPS for Haiti. For real-time news on CIR and immigration law, Follow us on Twitter.

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


Deadline For PERM For Experts Is Jan 19th

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: Fax form: Don't delay, sign up today.


CIR Advocates: We Are Here, We Are United, We Are Determined, And We Are Ready
Robert Gittelson writes "Some very competent people are working for reform, and I am confident that we will be more than a match for the nay-sayers, Nativists, and Restrictionists."

What's Your Tagline?
Michelle LaBrosse writes "Since it's the start of a new year, let's turn those questions around. How do you want people to think of you?"

Immigrant Of The Week: Andre Platzer
Greg Siskind writes "Another member of Popular Science's Brilliant 10 list for this year is German-born Andre Platzer from Carnegie Mellon University."

To submit an Article for consideration, write to


ILW.COM Live Tweet on USCIS Director Haiti TPS Call
The following transcript is the live Tweet feed of the USCIS Director's teleconference for TPS for Haiti at 6PM on Friday, January 15th.

USCIS Director Mayorkas On Interim Field Guidance Memo On Initial Haiti Relief Efforts
USCIS Director Mayorkas released interim field guidance for aliens affected by the January 12, 2010 Haiti Earthquake.

USCIS Releases TPS For Haiti Nationals Questions And Answers
USCIS released questions and answers related to the 18-month designation of Temporary Protected Status (TPS) for Haiti nationals.

USCIS Releases Haitian Relief Measures Questions And Answers
USCIS released questions and answers related to interim Haitian relief measures.

DHS Secretary Napolitano On Haiti Earthquake Response
DHS Secretary Napolitano released several statements related to the Haiti Earthquake including a toll free live number.


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.

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:, email or call today 602-357-4240 ext. 7150 to sign-up under our money back guarantee or to request your private demo.

BIA Delivery Service
Have you missed the deadline for overnight delivery to the Board of Immigration Appeals? We offer same day service to the BIA. We are conveniently located only a block away. Fax us your Notice to Appeal or brief by 2pm ET on the due date to: (703) 845-5991 and we will personally file it for you, obtain a stamped date copy and mail/fax it back to you. We offer competitive rates and unparallelled service. For information, contact us: Brief-X-Press, Falls Church, VA Fax: (703) 845-5991.


Massachusetts And The 60-Vote Senate Fallacy
But would a Martha Coakley loss to State Sen. Scott Brown really debilitate Obama's agenda in 2010? The answer to that is a lot less clear than you think.

Why Haiti Matters
But above all, we act for a very simple reason: in times of tragedy, the United States of America steps forward and helps.

About 250 March To Support Immigration Bill
It was coordinated with nationwide rallies led by Reform Immigration for America of Washington, D.C., a campaign supported by the nonprofit Tides Advocacy Fund of San Francisco, a lobbying group that supports liberal causes.

Wiser Than America: Neighboring Dominicans Refuse Haitian Influx
"There's nothing more permanent than a temporary visa."


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

Share Your Professional News
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:
With regard to ID's comment about the catastrophe in Haiti (01/14/10 ID), sending US military assistance to help the victims is certainly more beneficial than propping up a government of corrupt warlords and drug dealers in Afghanistan, or making Iraq secure for Western oil companies. ID has done excellent research on the long history of relations between Haiti and North America. But the biggest symbols of the close ties between Haiti and the US are Chrome Detention Center and the US Coast Guard. The Department of Homeland Security, after making a humanitarian gesture by granting Temporary Protected Status to Haitians in the US, has now reverted to its usual immigration enforcement-only mode. According to the Washington Post, DHS has announced that Haitians trying to escape the horrors caused by the earthquake will be prevented from coming to the US. The same report says that expanded immigration detention facilities are already being prepared to "welcome" anyone who manages to avoid being turned back or drowning at sea. The inhuman policy of using the Coast Guard to stop Haitian refugees on the high seas and force them back to their country in violation of international law dates from the Clinton era. But despite the Obama administration's reassuring rhetoric about America's friendship for Haiti, it seems that for Janet Napolitano's DHS, appeasing those who want to keep people of color out of the US at all costs is the top priority, even as Haiti turns into a vast tomb.

Roger Algase, Esq.
New York, NY

Dear Editor:
I really enjoyed ID's comment (01/14/10), agree with it in most part, and am appreciative. However, I would like to make the following correction: Haiti did not exist at that time ... Haiti as we know it was created in 1804. The Haitian Revolution started in 1791 and ended in 1804. Way after the American Revolution. The people who helped the American Revolution were not Haitian per say; they were free African slaves of Saint-Domingue, under the command of Comte d'Estaing, for their participation in the siege of Savannah. The proper name for the island currently shared by the Dominican Republic and the Republic of Haiti, was "AYITI". A land rightfully owned by an Arawak people who called themselves Tainos. It is possible that they could have called these free African slaves: Africans of Ayiti.

Yosie Saint-Cyr

Dear Editor:
In August 2002 Mr Bush passed a law to protect children from aging out due to backlogs and visa availability in certain preference category, however immigration is yet to follow the instruction of this law. Ina203(h)(d) and publication 107-208 of the Child Status Protection act clearly states that if a child age out ,meaning reach the age of 21, the child age will be subtracted from the number of days the i130 was pending ,and when a visa becomes available from the child age, so their age will be locked in. The other part states that if after doing this calculation the child age is said to be 21 or older, the child must be converted to the appropriate category and retain the old priority date upon receipt, again this bill clearly states that the age out child will be converted to either the 2b or whatever category they fall under to keep their old priority date. Immigration is yet to do that instead they came up with their own interpretation and deny giving these children the chance of getting a green card, by giving them a new priority date when their parent reapply for them, putting them back to the end of a very long line for another 10years after they waited with their parent for almost 15years already. This is a very serious issue and congress and Mr Obama need to look into this This is such an unfair situation it hurts me when i think about this. President Obama must look into this, and if I have to walk from NY to Washington to get this message out I will, because too many lives are affected by this. This treatment is harsh and cruel, this is not humane.


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