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Immigration Daily October 15, 2010
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Comment: Immigrants, Latinos, Democrats - The concentration of New Americans varies geographically. California, Florida, Nevada, New Jersey and New York are states with the highest concentration of immigrant registered voters (15%+ of registered voters in these states are New Americans). The list of states with a high concentration of Latino voters is quite different from the one above: Arizona, California, Nevada, Texas, New Mexico, and Florida (10%+ of registered voters of these states are Latino) - only California and Nevada make both lists. Arizona, Texas, New Mexico and Florida are states with relatively small New American registered voters, but relatively large Latino populations. Arizona, Texas and New Mexico are states where it was not people who crossed borders, but rather states where borders crossed people - the reason that the Latino vote in those states is relatively high is because of the various wars/purchases and other border adjustments that the US and Mexico underwent during the 19th century. Some of the Latinos of those states trace their land grants to the Spanish King - so, even though they are Latino, they are unlikely to have immigration as an important matter in their lives. Florida is a bit of an exception, since a significant portion of its Latinos are folks who were driven to the US because of the Cuban revolution. Confusing Latinos for immigrants is a common fallacy (among other things, it ignores the large number of Asian immigrants, about a third of the Latino population). Further, different immigrant groups have different voting patterns. For example, at the turn of the 20th century, Irish immigrants largely concentrated in urban areas voted as a solid block for the Democratic Party, whereas Italian immigrants were widely dispersed and their vote was split between the Republican and Democratic Parties. The most commonly encountered current voting disparity is that of Cuban emigres, who tend to vote Republican, whereas Latinos in California tend Democratic. Immigrants from the giant continent of Asia are hardly monolithic in their voting patterns, either.
A common assumption many people have today is that Immigrant = Latino = Democrat, this is not borne out by the evidence. The facts lay the foundation for BOTH political parties to make a pitch for the fast-increasing, and sometimes even pivotal, immigrant vote. The election coming up in a few weeks is notable for an important immigration development - a small but vocal minority within the Republican Party that is virulently racist is likely to get more than a few seats in both Chambers of Congress. There is every reason to believe that in the 112th Congress, this small Republican faction will drive the immigrant vote into the Democratic Party's lap, jeopardizing Republican chances in key battleground states like Florida in election cycles to come. That is why the 112th Congress is important, and why we believe that the immigrant vote is not a construct of the future, but it is already here.

Article: Open Letter To Mayorkas With Petitioner's Brief And Appendices Attached by Barbara J. Brandes

Article: Wonderful State Department Publication on Refugees by Jason Dzubow

Article: Weekends Count by Christopher T. Musillo

Article: USCIS Examiners Snooping On Facebook Accounts by Greg Siskind

News: USCIS Issues Memo On Social Networking Sites And Their Importance To FDNS

News: USCIS Updates H-2B Cap Count

News: CRS Report On Immigration-Related Worksite Enforcement: Performance Measures

News: USCIS Releases October EB-5 Stakeholder Meeting Presentation

Focus: Physicians For Experts
ILW.COM is pleased to announce a new 3-part telephone seminar series "Physicians For Experts" with Barry Walker, Ellie Najfabadi, Charles Wintersteen and others. The curriculum is as follows:
FIRST Phone Session on October 21: Non-Immigrant Options for Physicians

  • H-1B vs. J-1 for Graduate Medical Training: Weighing the Pros and Cons
  • H-1B Clinicians and Academicians
    • Qualifying for cap exemptions
    • Dual appointments in academic medical centers
    • Credentialing and licensing concerns
    • Neufeld memo: impact and possible solutions
    • Prevailing wage issues for H-1B physicians
  • J-1 Residents and Fellows
    • Moonlighting during residency/fellowship
    • Credentialing and licensing concerns
  • O-1: When Is It a Good Idea and Which Phyicians Make the Grade
  • TN Status and Its Limitations
SECOND Phone Session on November 11: J-1 Clinical Waivers for Physicians
  • Interested Government Agencies
    • Conrad State 30
    • Delta Regional Authority
    • Appalachian Regional Commission
    • Department of Health and Human Services (Clinical and Research)
    • Veteran's Administration
  • Timing Issues: When to File I-129H: With or Without Medical License; With or Without I-612
  • Saying "Bye-Bye" Before the Waiver: Travel While the Waiver is Pending
  • Saying "Bye-Bye" After the Waiver: the "Extenuating Circumstances" Test
THIRD Phone Session on December 2: Immigrant Options Specifically for Physicians
  • PERM
    • Strategies for drafting the ETA-9089
    • Advertising requirements
    • PERM for medical residents and fellows
    • Timing considerations for H-1B residents and fellows
  • Physician National Interest Waivers
    • Requirements
    • Specialists
    • What time counts toward the five year commitment?
    • When the NIW physician moves or changes jobs
Tuesday, October 19 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.

Headline: Bakery Raided in Immigration Sting: Among the company's clients: schools and the military
Headline: Focused on immigration reform, Gutierrez not running for mayor: his mission must be passing CIR
Headline: Immigrants Sue Over Local Immigration Enforcement Program
Headline: I-140 Book: An attorney's guide on I-140 EBIV Process. For the complete table of contents and to order see
Headline: "Obama...anticipates putting immigration reform ... back on the table, see NYTimes Magazine:
Headline: Immigration Practice: a complete guide w/ issues & procedures lawyers need to handle an immigration matter. Get ur copy
Headline: Utah Lawmakers Question How Immigration Bill Would Fit Into Existing Law

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Help Wanted: Immigration Attorney
San Francisco, CA - Morgan, Lewis & Bockius LLP seeks a highly motivated contract/temporary attorney for a several month assignment in our Immigration Group. The candidate must have experience managing high volume business immigration work as well as expertise in dealing with various government agencies and consular posts to resolve complex immigration issues. The candidate must have 3-4 years of immigration experience working in a law firm environment. The candidate must possess excellent writing and research abilities. They must also be able to communicate with various personalities at all levels of management and staff, and must be able to deal with stress associated with a fast paced work environment, including handling multiple tasks on a daily basis. The ability to make judgment decisions and handle daily, routine responsibilities are essential. The candidate must also be able to adapt to changing work situations and grasp and apply new ideas. The candidate should possess strong academic credentials from a nationally recognized law school. California bar membership is required. We value collegiality and diversity among our lawyers and seek to make the practice both professionally and personally rewarding. Morgan, Lewis & Bockius LLP offers a challenging work environment and business casual dress code. Please apply online here.

Immigration Law Certificate
Classes offered both online and in-person. Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. For more information on class schedules, tuition and fees, course applications and to register, see here.

Immigrant Tax Services
Are you worried that your clients' tax returns might hurt their adjustment, cancellation or consular processing case? Did you know that clients making less than $46,000 qualify to obtain retroactive refunds after they obtain Social Security Numbers via any immigration process? Did you know that taxpayers can claim an exemption for dependents residing in Mexico or Canada? Sam Rock, principal of the Rock Law Group, specializes in taxes for immigrants. He is an immigration lawyer, national speaker and has published several AILA articles on the intersection of immigration and income tax law. Contributor to tax section, Kurzban's Immigration Law Sourcebook, 2010-11. With 10 years experience preparing tax returns for immigrants, we can help you understand your client's eligibility to file as head of household and make dependent claims. Get your legal fees paid from your clients' unclaimed tax refunds. Rush service in 48 hours. Educating Haitian nationals about retroactive tax credits available to Haitian recipients of TPS. Services: original 1040s, amended returns, expert letters, testimony, resolution of IRS tax debt, audits/exam from all states and U.S. taxpayers living abroad. Competitive fees. Get tax knowledge on your side. Contact:, 866-243-8178, This is an advertisement by an attorney.

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ComingsNGoings: Immigration Book
Breaks in the Chain: What Immigrant Workers Can Teach America about Democracy By Paul Apostolidis, Univ. Of Minnesota Press, 360 pp., Paperback, ISBN: 0816669821, $17.64

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