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Immigration Daily

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Immigration Daily April 26, 2010
Previous Issues
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Comment: DHS Enjoys Work

Government Executive reports "Homeland Security Department employees enjoy their jobs and think their work is important, but they have doubts about the link between performance and incentives, according to results from an internal DHS survey." For the full story, see here.

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

Focus: Investor Options For Experts

ILW.COM is pleased to announce a new 3-part seminar series "Investor Options For Experts" with David Morris, John Barrett, Michael Gibson, Melissa Krinzman, Jason Oleet and others. The curriculum is as follows:

FIRST Phone Session on April 29: EB-5 Indirect Jobs? Induced Jobs? Ask the Economist

Most immigration lawyers will never need to understand economic forecasting to file visa petition. But the EB5 program changes all that. In fact, nearly 90% of all EB-5 cases rely on economic modeling to prove job creation testing to seek conditional residency and two years later to seek removal of conditions. A panel of economists will discuss basic concepts that every immigration lawyer working in the EB-5 visa program should know including:

  • What are direct/indirect/induced jobs?
  • Overview of USCIS approved models including RIMS II and IMPLAN
  • Reality check on job creation claims by Regional Centers
  • Coordinating business plan, econometric report, and reality during I-526 and I-829 petitions
  • Defining TEAs to claim $500,000 reduced investment threshold
  • Questions and Answers
SECOND Phone Session on May 20: No ? The Actual Business? A Regional Center or A Regional Center Project

A Regional Center is typically nothing more than an umbrella organization that allows a foreign national investing capital into a specific project to claim derivative immigration benefits under the EB-5 Regional Center laws. This means potential immigrants should not be overly focused on a specific Regional Center or even on their immigration history. Rather, they should investigate the specific investment Project because that entity will actually receive and place the capital at risk, create and sustain the jobs, and return the capital. For many valid reasons, immigration lawyers shy away from discussing these "business" issues with clients interested in the EB5 program. Panelists will discuss the "business side" issues of the EB-5 program that may help immigration lawyers point their clients to possible experts qualified to address these non-immigration issues:

  • Survey of Business/Structure Characteristics Used By EB-5 Projects
  • Two biggest risk factors for EB-5 Investors: job creation and capital preservation
  • Independent business analysis and valuations/Investment Banking Issues
  • Different Business Models: Commercial Real Estate, Manufacturing
  • Different Investment Models: Loan, Equity, other
  • Testing the Business Plan & Job Creation Plan
  • Testing the Exit Strategy & Return of Capital plan
THIRD Phone Session on June 10: Change, Change, Change. USCIS Issues 38 Pages of EB-5 Policy Changes (December 2009)

On December 11, 2009, the USCIS issued a sweeping 23 page memorandum that "rescinds in its entirety" many prior policies that defined the EB-5 Program and establishes new guidance to all CSC personnel involved in the adjudication of any EB-5 visa petition or Regional Center application. That same week, USCIS issued a 15 page "Questions and Answers" document resulting from an EB-5 stakeholders meeting. The panelists will discuss these very important changes :

  • What are the new EB-5 policies and adjudication standards
  • What policy problems has the Service fixed and what is now broken
  • How a "material change" could result in an investor losing both residency and an "age out" child under CSPA
  • How a TEA today may not be a TEA tomorrow (failing to preserve $500,000 investment qualification)
  • USCIS burdens on Investor not Regional Center/Project
  • Using "Exemplar" I-526 Petition To Stop USCIS Second Guessing
Tuesday, April 27 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.

Article: Consular Corner: April 2010
Liam Schwartz

Article: Increasing Evidence That Recession Has Caused Number Of Unauthorized Immigrants In US To Drop
Muzaffar Chishti and Claire Bergeron for Migration Information Source

Article: ILW.COM Bloggings On April 26, 2010
Joel Stewart

To submit an Article to Immigration Daily, write to

News: USCIS Releases Latest Cap Count

News: CRS Report On Undocumented Living In US Since 1986

To submit a news item to Immigration Daily, write to

Immigration Paralegal
Dallas, TX - Business immigration practice seeks immigration paralegal to support lawyers and handle administrative tasks; requires 1-2 years experience with H, L, E visas; prefer knowledge of INSZoom; must have strong MS Office skills and be fully bilingual in English and Mandarin (speak, read, write). Email letter and resume with references (Adobe or Word only) with Immigration Paralegal/Admin in the subject line, to

Help Wanted: Immigration Attorney
Washington, DC - Fragomen is looking for an attorney with 1+ years of experience in business immigration with an emphasis on the preparation, review and analysis of nonimmigrant L-1 and H-1B petitions and applications; knowledge of immigration law and procedure; excellent communication and interpersonal skills. Qualified candidates will be highly organized, have a strong work ethic and have meticulous attention to detail. Associate will work with large, global, corporate accounts and have a great deal of direct client contact. Highly competitive salary and benefits. Please email cover letter, resume, and writing sample (Word or Adobe formats only), in confidence, to Robert F. McCafferty, Human Resources/Office Manager, Fragomen, Del Rey, Bernsen & Loewy, LLP, at Or fax same to 202-371-2898. EOE.

Expert Witness Services
Muslim World Expert Professor Shaul M. Gabbay, Phd, offers expert testimony in immigration cases from Muslim countries/societies, including the former USSR. Dr. Gabbay prepared reports and testified in 250+ Immigration cases nationwide (asylum, cancellation of removal, asylum interviews, hardship waivers) with a 93% success rate. Examples of what Immigration lawyers say: ... "He is a consummate scholar and passionate about his subject ... He makes a wonderful witness... He is riveting on the witness stand, helping us win nearly unwinnable cases with aplomb. He has won the praise of numerous Immigration Judges." (Svetlana Schreiber, Esq.) ... "He provided the testimony we needed in numerous asylum cases ... in virtually all of those cases, but for the expert witness testimony, I doubt the cases would have been approved, I recommend Professor Gabbay to anyone with issues involving Islamic society and culture." (Stephen Berman, Esq.) ... "His testimonies, whether written or oral, are credible, persuasive, and non-refutable. I have never lost a single case which had Dr. Gabbay on as an expert witness." (Ally Bolour, Esq.). Contact Professor Gabbay with any questions. He can also recomend country experts outside his specialty. Professor Shaul M. Gabbay, Phd, Korbel School of International Studies, University of Denver,, (303) 871-2560.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email

Credential Evaluation And Translation
Why do the largest law firms, corporations and universities in the U.S. choose AETS for their foreign credential evaluations? Because as the nation's leader in foreign credential evaluations and translations, American Evaluation & Translation Service, Inc. (AETS) provides the most competitive rates in the industry - $75 educational evaluations, as well as $300 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, see: Please contact AETS at anytime at (786) 276-8190, visit , or email:

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Tweet: Politico: Fall out from Arizona Gestapo bill #immigration

Tweet: Markos of DailyKos: Repubs commit political suicide in Arizona #immigration

Tweet: The #Immigration Compliance Book: Understand I-9 concepts, I-9 advanced topics and E-Verify. Get your copy today at

Tweet: RT @desidyke: BREAKING: Governor Brewer Just Legalized Racial Profiling in Arizona. #P2 #TLOT #SB1070

Tweet: America's Voice: Battle for the GOPs Future: Conservative CIR Supporters Turn Up the Heat

Tweet: RT @crimmigration: @ilwcom My response 2 Malthusian anti-immigrant voices 2 yrs ago

Tweet: NPR: Obama Under Fire To Act On #Immigration Who has the gavel - Schumer or Graham? Where's the bill?

Tweet: Meet the antis: An unholy alliance between environmentalist Malthusians and racists

Tweet: WaPo: Obama calls for #immigration overhaul, says Ariz. bill 'misguided' First a vote, then defeat n deport the Nays!

Tweet: WaPo OpEd: #Immigration reform's big moment - Tamar Jacoby Translation: Biz not on board, Dems may still move #CIR

Tweet: Politico: Democrats divided on #immigration In other news, ICE chief still not fired, while #Napolitano sleeps on job.

Tweet: TheHill: Climate leaders push back on #immigration bill moving first Saving the mushrooms comes b4 crying children!

Tweet: TheHill: Obama slams Arizona bill as fight lifts #immigration to top of agenda

Tweet: Congressman Bilbray can spot #immigrants by their shoes This braying traitor should be deported to Antarctica!

Tweet: RollCall: Reid, Pelosi Agree to Move on Immigration Reform This Year "moral imperative" they say - so where's the bill?

Tweet: RollCall: Hispanic Leader Softens Tone Toward Obama Stop the hot air, where is the #CIR bill n markup schedule?

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ComingsNGoings: Immigration Book
Moving Millions: How Coyote Capitalism Fuels Global Immigration By Jeffrey Kaye Wiley, 320 pp., Hardcover, ISBN: 047042334X, $18.45,

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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