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Immigration Daily December 27, 2010
Previous Issues
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Comment: Cold Shoulder Hot Air - In an interview with Politico, Rep. Lamar Smith, incoming Chairman of the Judiciary Committee laid out a non-extreme agenda on immigration, scheduling the first two committee hearings on E-Verify rather than on the 14th amendment. To the extent that the article is correct in that Mr. Smith is restraining Mr. King, incoming Chairman of the Immigration Subcommittee (within the Judiciary Committee), from pursuing a perilous course of action in discussing the 14th amendment, to that extent we commend Mr. Smith for his prudence. The article goes on to discuss a possible Republican revival of DREAM, coupled with mandatory E-Verify and possibly elimination of the Family-based 4th preference in the 112th Congress. We believe Republicans would certainly be wise to revive DREAM, even should it be on Republican terms. It would certainly put Mr. Obama in an untenable position since he is now following a strictly enforcement-first strategy. The Democratic administration's strategy is on the one hand to deport a record-breaking number of immigrants and doing absolutely nothing to give such immigration benefits as are completely and exclusively within the Executive Branch power (such as a TPS-like status for everyone), while on the other hand fobbing off immigrants and their advocates with empty words. We call this the "cold shoulder hot air" strategy. Mr. Smith and his colleagues in the senior Republican leadership in the House are very smart politicians with a long history of successfully foisting their immigration positions onto Democrats the White House may find them running circles around the Democrats. We understand that it is the President's intention to devote a good amount of attention in his State of the Union address to immigration. Mr. Obama would be much better advised to use his executive discretion to offer concrete immigration benefits to the DREAMers instead, he look no farther than the array of options that Cyrus Mehta and Gary Endelman lay out for him.

Article: The 2010 Nation of Immigrators Awards - The IMMIs by Angelo Paparelli

Article: Republican Presidential Hopefuls Skip Hispanic Forum by Greg Siskind

Article: PERM: Outsourcing by State Workforce Agencies by Joel Stewart

News: OFLC Updates FAQ On Notice Of Filing For Labor Certification

News: Congress Enacts Accreditation of English Language Training Programs Amendment to the INA (S. 1338)

News: USCIS Publishes First Issue Of E-Verify Connection

News: USCIS Issues Updated Civics Test Answers

Focus: EB5 For Experts
ILW.COM is pleased to present "EB5 For Experts" a 3-part telephone seminar series with Michael Gibson, Robert C. Divine, Robert Gaffney and John Patrick Pratt (Other Speakers to be Announced). The curriculum is as follows:

FIRST Phone Session on December 30: Due Diligence & Care

Guidance in helping clients select an appropriate investment

With an onslaught of EB-5 Regional Center applications filed recently and the expected number of Centers expected to top 200 in the near future, how can immigration attorneys expect to counsel their client on which investment to select and what should they do to protect themselves in the event that the project fails to achieve the removal of the I-829 or fails to return the capital invested?

  • The role of the immigration attorney and care for client
  • Due Diligence lists, how relevant are they?
  • What factors should be considered
  • Scope of representation
  • Liability, disclaimers and waivers
  • The role of the immigration attorney as advisor, professional insurance
  • The roles of other professionals to assist the investor client
SECOND Phone Session on January 13: Securities law: Avoiding Litigation and Rescission

With so many EB-5 Regional Centers marketing to a relatively few, the pressure is on to deliver investor clients and the tactics and techniques employed by some of the Center's, their agents and "finders", both in the U.S. and overseas may cause increased scrutiny by the Securities & Exchange Commission and attorneys who specialize on malpractice and litigation on behalf of their investor clients. How can EB-5 practitioners and Regional Centers who have offerings in the market stay safe and avoid potential litigation and rescission?

  • Reg. D & Reg. S offerings (definition of exemption)
  • Solicitation and 502(c) rule
  • Internet advertising: Lamp &
  • Seminars: overseas and domestic, rules and practices
  • Compensation and fees: definition of Agents & Finders
  • Marketing material v. operating documents
  • Project failure and investor litigation
THIRD Phone Session on February 3: Valuation & Risk

What factors improve the chance of success in an EB-5 investment, the roles of capital, debt and equity, cash flow and what other factors are critical to making an informed decision in assessing the strength and weakness of the offering.

  • Why proper valuation of risk is important
  • Factors used in evaluating risk, research, due diligence
  • The importance of capital
  • The importance of the timeline in project completion
  • Cash flow
  • Equity v. Debt
  • The role of management, competition & market
  • The decision making process
  • Comparisons of dis-similar projects
  • Risk ratings and standards in risk valuations
Tuesday, December 28 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: Panamanian man dies at Florida immigration facility: 3rd person to die in ICE custody
Headline: Dream Act immigrant supporters awaken to loss, but vow to press GOP for path to citizenship
Headline: Bigotry against Hispanics finds an open forum: The Internet
Headline: Police Abuse Claims Lead To Hispanic Exodus In Connecticut Town
Headline: Florida state senator files immigration bill
Headline: Virginia General Assembly to take up tougher immigration bills
Headline: In Congress, a Harder Line on Illegal Immigrants
Headline: Did We Learn Anything In 2010? Reporters discuss education issues, including dream act
Headline: A lost decade for immigration reform
Headline: Keeping a crucial DREAM act alive
Headline: Chicken Hatch makes excuses for skipping DREAM Act vote
Headline: Don't be left out Get listed! Sign up for ILW.COM Attorney Yellow Pages at
Headline: Obama continues same-old enforcement-first approach, gives immigrants cold-shoulder n hot-air
Headline: Weekly Standard article urges social conservatives to woo hispanics whistling into the wind?

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Help Wanted: Immigration Professionals
Toronto, ON - Immigration law firm seeks global immigration specialists (lawyers or paralegals with global file management experience) for Toronto-based global practice focused exclusively on corporate clients. The successful candidate will demonstrate complex problem-solving capabilities, attention to detail and superior communication skills. S/he must be comfortable managing a reasonable caseload in a fast-paced and collegial team. Fluency in multiple languages an asset. Please submit your resume via email to or by fax to 416-943-0289.

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
Use technology to leverage your immigration practice with INSZoom's powerful immigration case management products, which include 800+ forms updated within 24 hours of release with no patches or required downloads. This online tool - accessible from anywhere and anytime - provides e-filing of 20+ essential forms and gives you access to client relationship management and practice management tools, group calendaring, emails, notes, reports, billing and invoicing modules, automatic email alerts and reminders, document storage and assembly, and many other immigration management tools. The online library of customizable questionnaires, letters & email templates, ability for clients to check case status online. Compliancy modules: I9, LCA, AR 11, PERM, optional services: credit card processing, Outlook & QuickBooks integration. An ISO 27001:2005 and 9001:2008 certified company, INSZoom has been providing leading edge technology solutions for all sizes, from solo practitioners to large immigration law firms worldwide, corporations, universities and non-profit organizations since 1999. The world's largest immigration software company, INSZoom delivers robust and flexible solutions customized to your practice's needs. Schedule a complimentary online demonstration by calling (925) 244-0600 or emailing Learn more about why INSZoom has a 99% customer retention rate at

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Bosnian Refugees in America: New Communities, New Cultures, Springer, 197 pp., Paperback, ISBN: 1441920471, $105.00,

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