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Immigration Daily

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Immigration LLC.

Immigration Daily January 22, 2010
Previous Issues
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Capitalist Growth

"What would spur entrepreneurial growth in the U.S.? "We always come back to immigration," says Stangler, who says loosening visa restrictions would increase the number of small businesses and boost the economy. For story, see here.

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


The H-1B Book

The pertinent part of the Table of Contents for The H-1B Book is as follows:


  • The Complete H-1B Process: Attorney Flowchart
  • The H-1B Process: Attorney's 10-Step System
  • Overview of H-1B Visas

First Step: Interview The Client

  • Qualifying the Position as a Specialty Occupation
  • Qualifying The Employee
  • Meeting Wage Requirements
  • Lawyer's H-1B Consultation Questionnaire Form
  • Lawyer's H-1B Task Checklist
Second Step: Send The Client Intake Forms And Related Information
  • Intakes Summary
  • H-1B Employer Intake/Questionnaire Form
  • H-1B Worker Intake/Questionnaire Form
  • The Complete H-1B Process: Company Flowchart
  • The H-1B Process: Company's Step-By-Step Explanation
  • Explanation and instructions for spouses and children
Third Step: Credentials: Verify That The Worker Has A US Bachelor's Degree Or Equivalent
  • Credentials Summary
  • If the worker has a U.S. degree - no evaluation is necessary
  • If the worker has a foreign degree - order credentials evaluation
  • If the H-1B petition is based on work experience or combination - order a work experience evaluation
  • List of credentials evaluation firms, web sites and phone numbers
Fourth Step: Determine The Prevailing Wage
  • Understanding the Prevailing Wage
  • Determining the Prevailing Wage
    • O*NET, SOC, Wage Levels, Job Zone and SVP
    • SESA or SWA Wage Determination
    • FLC Data Center Wage Determination
    • Wage Determination Through Other Wage Surveys
  • Practice Examples in Determination of the Prevailing Wage
Fifth Step: Prepare And File The Labor Condition Application (LCA)
  • Introduction to the Labor Condition Application (LCA)
  • Preparing and filing the Labor Condition Application (LCA)
    • Online LCA filing
    • Complete Online LCA and Receive LCA Approval Online
    • Completing the LCA: Step by Step
    • H-1B Dependent Employers Worksheet for the LCA
  • Detailed Description of Form ETA-9035E and its Obligations
  • Sample of completed LCA (form ETA-9035E)
  • Copy of form ETA9035CP (LCA cover pages)
Sixth Step: Prepare The I-129, Related Forms And Petition Letter
  • Form I-129
  • H supplement to Form I-129
  • Form I-129 H-1B Data Collection Supplement
  • Form G-28
  • Form I-907 if premium processing is applicable

  • If the H-1B worker has a spouse and/or children:
  • Form I-539
  • Form I-539 Supplement 1 (if necessary for other family members)
Seventh Step: Send All The Forms And Petition Letter To The Client For Review & Signature
  • Sample letter to client
  • LCA posting notice
  • Sample Letter to Employer Regarding Public Access File
  • Memorandum to employers on Labor Condition Application
  • Public Access File sample
Eighth Step: Assemble The H-1B Petition And Send To The USCIS Service Center
  • General Filing Instructions (including list of service centers and filing addresses)
  • Sample Cover Letter
  • H-1B Petition document checklist
  • Sample list of exhibits
Ninth Step: Troubleshooting
  • Introduction
  • Request for Additional Evidence
  • Dealing with the dreaded request for evidence
    • Sample Response to Request for Additional Evidence
    • Second Example of Response to Request for Additional Evidence
  • I-9 Compliance, Social Security Numbers and Driver's Licenses
  • Changes in H-1B Employment and Amendments
  • How Mergers, Acquisitions and other corporate Transactions Affect the H-1B
Tenth Step: Post-Approval Case Management
  • Summary of Post-Approval Issues
  • Sample H-1B Approval Letter to Employees that are in the U.S.
  • Sample H-1B Approval Letter to Company - Employee(s) Abroad
  • Sample H-1B Approval Letter to Employees Abroad
  • Non- Immigrant Visa Consular Processing Information Sheet
  • 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
For more information about the book and to order, see here. For the fax form, see here.


Bloggings on Deportation And Removal
Matthew Kolken writes "If you live in the State of New Jersey I implore you to contact your representatives in Congress to make an immediate inquiry into the Elizabeth Detention Center and demand that the doors be permanently closed."

ILW.COM May 2009 Citations
Aron Finkelstein, Suzanne Seltzer, Sherry Neal, Scott Bratton, Rami Fakhoury, Rodney Malpert, and Greg Siskind write share the citations from all May 2009 ILW.COM seminars.

Bloggings On Dysfunctional Government
Angelo Paparelli writes "It's hard to maintain optimism, however, as President Obama's pledge to move on CIR within his first year in office reached its anniversary and expired."

To submit an Article for consideration, write to


USCIS Reminder That TPS For Eligible Haitian Nationals Is Effective January 21st
USCIS announced that the TPS designation for Haiti is effective January 21, 2010 and will remain in effect through July 22, 2011.

USCIS Releases I140 QA
USCIS released questions and related response for the petition filing and processing procedures for Form I-140

DHS Publishes Streamlined Military Naturalization Final Rule
DHS published notice amending the DHS regulations by implementing a statutory amendment, effective February 18, 2010, reducing from three years to one year the length of time a member of the United States Armed Forces has to serve to qualify for naturalization through service in the Armed Forces.


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.

Co-Counseling Offered
Practitioners with challenging extraordinary ability cases or any other complex immigration cases including appeals, may wish to co-counsel with PJ Patel, an attorney experienced in O, EB-1, NIW, and any complex matters for many years. Mr. Patel is known for his compilation of the INA, 8 CFR & 20/22/28 CFR for the past 25+ years. For more information, see his website at Mr. Patel can be reached at 212-279-3230. All cases will be kept in strict confidence.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global Current, a service of AIESEC U.S., a leader in international exchange and professional training for over 50 years. Unlike other visas, the J-1 does not require a lengthy petitioning process, has few restrictions and can be processed at any time of year to facilitate the quick and simple implementation of an Exchange Visitor Program. Global Current has developed a streamlined sponsorship process supported by J-1 experts that allows us to maintain an unrivaled 48 hour turnaround time on complete applications. Global Current provides J-1 Trainee and Intern programs in a variety of occupational categories including law, engineering, finance, architecture, graphic design, marketing and fashion. For more information on eligibility requirements and a complete list of occupational categories, visit or email Melany Hamner at


Bipartisan Proposal Will Prevent Immigration Reform
Rep. Jason Chaffetz (R-UT) joined several Republican and Democratic Members of Congress (a mix of veterans opposed to immigration reform and several freshmen like Chaffetz, see list below) to introduce an immigration-related resolution Thursday.

Injured Haitian Children Win Humanitarian Visas To The US
The youngest earthquake victims are being granted humanitarian visas so long as a doctor in Haiti deems that the child will die without advanced medical care.

New York's Haitian Americans Grieve, Worry And Wait
Daily life continues as the immigrant community struggles to cope with the overwhelming tragedy in the island nation.

In Shift, US Lifts Visa Curbs on Professor
Six years after using the Patriot Act to revoke the visa of a prominent Muslim academic, the US State Department reversed itself and said Wednesday that it would no longer bar the scholar from entering the US.


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

Immigration Event - Washington DC
Promoting success on both sides of the border: Binational approaches to US immigrant integration A report release and discussion with Ambassador Carlos Garca de Alba, Executive Director, Institute for Mexicans Abroad (IME); and MPI's Laureen Laglagaron, Kathleen Newland, Aaron Terrazas, and Michael Fix. Thursday, January 28, 2010, 9:00-10:30 am MPI Conference Room, 1400 16th Street, NW, Suite 300, Washington, DC 20036. For more info, including how to register: For questions, please email or call 202-266-1929.


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

Dear Editor:
Anyone who thinks that CIR has any chance of passage despite the catastrophic election of a hard-right, anti-immigrant Republican to fill Ted Kennedy's Senate seat is just whistling past the graveyard. President Obama needs to take a long, hard look at whether his administration's rigid, anti-immigrant, enforcement only policy is alienating the Latino and other "New American" immigrant communities who elected him. I predict that if Janet Napolitano, who has become a symbol of draconian enforcement, is still DHS Secretary by this fall's election, the Democrats will be routed. Even if, by some miracle, there is any serious consideration of CIR, it is likely to be the kind of elitist measure recommended in Donald Miller's letter (01/21/ID) that combines easing of restrictions against "educated, English speaking" (i.e. white) immigrants, with hatred of most Latinos and all Muslims, who would, in effect, be barred from America on the basis of their race or religion. While I agree that restrictions against educated immigrants should be eased, America does not need "reform" based on prejudice against less educated immigrants of color. As the economy gets worse, this kind of scapegoating is likely to increase, despite the economic benefits that America is gaining from Latino and Asian immigrant communities, as shown in many Immigration Policy Center reports. Hatred directed against minority immigrants may even become the basis of an American fascist movement that would no longer be limited to extremist far right fringe groups. It has happened elsewhere. It can happen here.

Roger Algase, Esq.
New York, NY

Dear Editor:
Leo Van Randall, Jr.'s letter (see 01/20/10 ID) asking what is wrong with immigration law leads me to propose his letter's question as a great subject for an essay contest. That said, how about this - our immigration law is more complex than our tax code and involves government agencies like the Department of Labor that wouldn't know how to expedite the movement of a cigarette boat or corvette in addition to the State Department and just about every other alphabet soup acronym in the book. The inevitable result of such a contemptible mess is that large numbers of people either ignore it or fall afoul of it without ever understanding why, even when they have to leave the country as a result.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
This is in response to Scott T. Decker's letter (01/20/2010 ID). When was the I-485 filled, before or after the expiration of the initial period of stay? Was this person arrested and or convicted in their home country or during their time in the U.S., and have these facts been disclosed to the government? Has this person left the U.S. for any reason without first obtaining a document authorizing his re-entry? This information is essential before anyone can make any rational statements or decisions regarding the effectiveness of the current immigration system, otherwise we might as well begin all of our postings regarding immigration matters with "Once upon a time ... " and finish with "..and they lived happily ever after."

Robert Xiao

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 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