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Immigration Daily September 14, 2010
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Comment: Immigration in the 112th Congress - Busy coping with the recessionary immigration environment, most immigration attorneys have paid little heed to the next Congress (due to be elected in 7 weeks!), and what it may portend for their practice. Many recent polls, extensively covered in the general press, point to a huge Republican wave, likely leading to a switch in party control in the House, and greatly reducing the Democratic majority in the Senate. Should this scenario pan out, and the smart money is betting that it will, numerous effects affecting the immigration bar will surely result. Here are some highlights of what to expect. First, forget about any talk of legalization or even a temporary worker program. Both the business side and the family side of the immigration benefits lobby will come up with empty hands in the new Congress. It is likely that, like the year McCain Kennedy cleared the Senate, the expected Republican House will refuse to vote for any benefits at all. Second, strong enforcement legislation is likely to pass Congress. We believe that something similar to the Shuler bill will become law in the 112th Congress (in other words we should expect CIR without any benefits, but with all the enforcement). Third, there is likely to be some cutback in immigration benefits. At a minimum, we expect that there will be discussion in the House about an immigration moratorium (stopping immigration cold for a few years, bringing back memories of 1921). The Executive Branch, facing fiery and effective opposition from a Republican Congress, and focused on the 2012 elections, will likely not have the stomach for any pro-benefits reform. Forced on to the defensive, it is entirely possible that the Administration may ratchet up enforcement (interior and border) even further.

Heres what this means for immigration law firms: Compliance business will likely sky-rocket, with the expected crack-down on employers consequent to new enforcement legislation. Both employment-immigration and family-immigration based practices are likely to experience slow downs. Removal business will likely be steady. Two caveats: (a) The above predictions are admittedly a little far away, since they would be subsequent to new enforcement legislation; (b) It must be borne in mind that there are 2 macro factors affecting immigration lawyers business one is the overall legislative/executive framework, and two is the proportion of immigrants/employers who seek counsel, our analysis above does not discuss the second factor.

For many years, immigration lawyers and advocates have become accustomed to a generally pro-immigration rhetoric in Washington DC. This was true even though votes on the floors of Congress did not always match the rhetoric, and even though 9/11 and its aftermath poisoned the atmosphere. What we are likely to see within a few more weeks, is a completely different rhetoric that of 1994 and 1995, the very same rhetoric that led to AEDPA, IIRAIRA, and the first federal budget differentiation between USCs and LPRs (taken for granted today, but revolutionary at the time). The racists are getting ready to take over the national conversation on immigration. Americas immigration saga continues, stay tuned.

Article: Mao's Last Dancer by Cherri Carbonara

Article: Consulates Suddenly Targeting K-1 Fiance Applicants by Greg Siskind

News: DOS Announces Publication Of "The Consular Notification And Access Manual"

News: CRS Report On People Crossing Borders: An Analysis Of US Border Protection Policies

Focus: The Nurse Immigration Book
The table of contents of this definitive work edited by Joseph Curran and Daniel Berger is as follows:
I. FOREWORD: Why A Nurse Immigration Book? By William Stock
II. PREPARING AN IMMIGRATION CASE: H-1 Visas For Nurses By Greg Siskind and Esther Fridman; TN Status For Nurses By Christopher Wendt; Practice Pointers for Presenting TN Applications By Leslie Holman; An Outline Of A Typical Nurse Case, Including Consular Processing By Joseph Curran; Adjustment Of Status For Professional Nurses By Sylvia Boecker; Building International Bridges By Commission On Graduates Of Foreign Nursing Schools (CGFNS International); Tips For Staffing Companies In Planning Their Posting Strategies By Ronald Nair; Licensure: US State Licenses For International Nurses By Patrick Curran; Immigration Basics For Allied Professional Healthcare Workers By Christopher Musillo; Managing Or Achieving Expectations: The Key To Success By Michael Hammond.
III. UNDERSTANDING THE NURSING CRISIS: Global Issues In Nurse Recruitment By Joseph Curran; The Nurse Shortage: Why It Matters By Carl Shusterman; Deadly Consequences: The Hidden Impact Of America?s Nursing Shortage By Stuart Anderson; Aiding And Abetting - Nursing Crises At Home And Abroad By Sreekanth Chagaturu and Snigdha Vallabhaneni; US Visa Policy Competition For International Scholars, Scientists And Skilled Workers By Phyllis Farrell Norman; Better Late Than Never: Workforce Supply Implications Of Later Entry Into Nursing By David Auerbach, Peter Buerhaus and Douglas Staiger
IV. RECRUITING AND RETAINING NURSES: The Business Of Nurse Immigration By Mireille Kingma; Recruitment Of Workers In The Philippines: Playing Ball With The POEA By Ronald Nair; Successful International Nurse Recruiting By C. Philip Slaton; Nurse Assimilation By Yvette Mooney; Hospitals' Responses To Nurse Staffing Shortages By Jessica May, Gloria Bazzoli and Anneliese Gerland; Nurse Perspectives Of The Migration Experience By Mariah Rutherford-Olds
V. AFTERWORD: Musings After 2 Decades In Nurse Immigration By James David Acoba
VI. ESSENTIAL REFERENCE MATERIAL: Includes relevant sections of INA, CFR, OI, AFM, FAM and critical USCIS & DoL Memoranda.
For more info, and to order, please see here. For the fax order form, see here.

Headline: BREAKING: DREAM Act to be attached to Defense Authrztn bill. Advocates push 4 legislation. Hope Congress will do so too!
Headline: Plan B: DREAM Act. If it passes, everybody wins: students, Obama, Dems, Republicans and the country
Headline: Midterms imperil immigration bill
Headline: Removal Book: Learn abt removal proceedings, relief from removal, appeals & much more. For table of contents & get copy
Headline: Immigration used as a distraction, 5th District Democrat says
Headline: Napolitano: Its Congress turn to act on immigration
Headline: Pennsylvania city threatens Supreme Court battle after immigration ruling
Headline: Houston native wrongly deported for 85 days. Immigration attorney says client is considering lawsuit
Headline: Sheriff Arpaio Continues to Enforce All controversial Immigration Laws
Headline: Inability to keep people from entering the country illegally is not the only failure of our immigration system
Headline: Midterms imperil immigration bill. Immigration advocates will end up with only 30 senators on their side.
Headline: Tax Compliance for Immigrants and Employers: The Lawyer's Complete Guide. Don't wait! Get your copy today

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Help Wanted: Immigration Paralegal
Sarasota, FL - A sole practitioner practice on the Florida Gulf Coast seeks experienced immigration paralegal. The practice is a full-service immigration firm with European and British clientele. Seeking paralegal with 3+ years of experience preferably in business, professional and family immigration. Send resume and writing sample to or Donna Scarlatelli, Scarlatelli, P.A. , 777 S. Palm Avenue, Suite 8, Sarasota, FL 34236.

Help Wanted: Immigration Paralegal
Atlanta, GA - The corporate immigration firm of Berry Appleman and Leiden LLP in Atlanta seeks entry and mid-level Immigration Assistants/Paralegals to join a dynamic legal team. We offer a collegial work environment that places a high value on collaboration. Must have excellent writing skills, be highly organized, and have the ability to multi-task. Must also be able to work within strict time lines, have excellent customer service skills, and a high attention to detail. Responsibilities would include assisting attorneys in the preparation, filing and tracking of various immigration applications and petitions. Bachelors degree required. Masters degree preferred. Previous immigration law experience is a plus. Please email cover letter, resume, and salary requirement with the title "Atlanta-Immigration Assistant" in the subject line to Salary DOE. No phone calls please. Not accepting resumes from third party vendors or recruiters at this time. Only qualified applicants will be contacted.

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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.

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ReadersWrite: Yesterday's Discussion

ReadersWrite: Today's Discussion

ComingsNGoings: Immigration Event
Washington, DC, September 20 - The Migration Policy Institute is pleased to invite you to "Still an Hourglass?: Immigrant Workers in Middle-Skilled Jobs" report release. Speakers include Eduardo Martn Ochoa, Anthony P. Carnevale, Michael Fix, Margie McHugh, and Demetrios G. Papademetriou. For more info, see

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