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Immigration Daily

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Immigration Daily Febrary 8, 2010
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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.


Fixing Flores: Assuring Adequate Penalties For Identity Theft And Fraud
Janice Kephart for the Center for Immigration Studies writes "The May 4, 2009, ruling of the Supreme Court in Flores reinterpreted the frequently used Aggravated Identity Theft statute from its common usage, narrowing substantially the types of cases where the government can meet its evidentiary burden."

Bloggings On PERM Labor Certification
Joel Stewart writes "No matter what happens regarding the above instructions from DOL, once the PERM case is approved, a change in address or representation must take place at USCIS, a different government agency, within the context of the filing of the I-140 Petition."

To submit an Article for consideration, write to


USCIS Issues Haitian TPS Informational Videos
USCIS published informational videos on "Haitian TPS: How to Register" in three languages: English, French and Creole.


Help Wanted - Immigration Attorney
Detroit area, MI - Expanding employment immigration law firm seeks junior immigration attorney with 2+ years business immigration law experience in H, L, PERM cases. Candidate must enjoy working in fast-paced collegial environment, posesses excellent communication skills, is able to multi-task and work independently. Competitive salary + compensation package offered. Relocation package unavailable. All replies treated in strict confidence. Send resume + cover letter to:

Help Wanted - Immigration Paralegals
Detroit area, MI - Expanding employment immigration law firm invites immigration paralegals with 5+ years business immigration law experience in H, L, PERM cases to consider joining our team. Candidates should be detail-oriented, able to work independently, be team players, and have solid writing and speaking ability. Competitive salary offered. Send resume + cover letter to:

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.

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


Patriot Fed Judge says prosecuting border jumpers is unreasonable HT GregSiskind Msg2Congress: #CIR NOW!

US is using new tech n better cooperation bw agencies but face-to-face visits r the best way 2 catch fraudulent visa apps

US govt trusts him enough to translate for top military commanders in Iraq but not enough to become a US citizen #fail

Visa Bulletin for March is out #immigration #visa

independent tribunals in lieu of existing cts to hear removal cases suggests ABA rept


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

Dear Editor:
The Village Voice "article" Roger Algase, Esq. referred to in his letter to the editor (02/05/10 ID) sounds an awful lot like the 2/2/10 column by Gustavo Arellano which appeared in the Voice, the Dallas Observer and many other papers across the country. Yes, Mr. Arellano, was being sarcastic, as he is often.

Eugene J. Flynn, Esq.
Dallas, TX

Dear Editor:
Scott Decker's letter (ID 02/04/10 ID) is exactly right when it says the system is broken. And it isn't even talking about the 12 million people without any legal status in this country. When I was going through my immigration process, it used to annoy me no end when I could never get a straight answer to the question "Is this legal?". The answer would always be something like "it's a grey area, we recommend that you don't travel internationally during this time". Ever since I was a child I was taught to follow the law, whether it was enforced or not. So it took me a while to understand that the way immigration law even manages to work is through the non-enforcement of its vague and nonsensical aspects. Although I understood the state of affairs, I was never satisfied with it. To me it reeked of a lawless your-posterior-belongs-to-me-at-all-times message that I thought was completely unbecoming of a country which otherwise draws a clear line between right and wrong in day to day dealings. Problem is, fixing these vague and nonsensical aspects of immigration law have long been held hostage to "comprehensive reform" efforts. Why is it, I wonder, that Congress doesn't want to fix any of this, unless it simultaneously addresses the much more controversial question of what to do with the 12 million people living in violation of immigration law in this country? Perhaps the answer lies in Jim Roberts's letter (11/9/09 ID), which dismissed these concerns as "nuts-and-bolts" and "micro" issues that American citizens are rarely interested in.

Trivikram Krishnamurthy
Sunnyvale, CA

Dear Editor:
With regards to yesterday's Letters (2/5/10 ID), the reciprocosity of R. Algase is very much appreciated. Perhaps if his experience was in AZ and mine in NYC, our views would be the reverse. Here, we experience the negatives of both Mexican illegal entry and drug dealing criminality. It's about numbers, societal dilution and dissolution, not racism. Sunday's Arizona Republic had a 3 page article: "Drug Cartels Tighten Grip on Mexico" and it's violent similarities with the narco state of Colombia. Atzlan and Mexican irredentism is about as "humorous" as Pearl Harbor or 9/11 and just as serious. And you can't separate the effort from the open threats by radicals and the ordinary entrant only seeking a job. It's the numbers of the latter that makes the former possible. While attorneys debate court decisions and scheme to make illegals legal, the invasion continues with thousands of illegal entrants daily. The letter of Jay McTyier (2/5/10 ID) gives US the false choice of CIR or enforcement, the latter having been promised US before in 1986 and originally in Art. IV, Sec. 4 of our Constitution ("and shall protect against Invasion") The latter didn't mention CIR as an alternative. It"s a blatant distortion to call entry enforcement Nazism, "not tenable" and "box cars full of families being drawn southward" by those whose goal is legalization. Denial of benefits in a humane manner is what works and most would deport themselves. I hope that the letter of J. Frecker was more effective as a BP agent protecting our borders than the comment: "I think most of us would swap a lot of state and local laws for mandatory and universal use of E-Verify". We need every available weapon in fighting this battle.

Jim Roberts

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