Immigration Practice 2005 - 2006

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9781578232086: Immigration Practice 2005 - 2006

Immigration Practice covers all aspects of immigration law in one volume, complete with over 3,000 footnote citations to the wide range of statutes, regulations, court and administrative cases, policy memos, operations instructions, agency interpretive letters, and internet sites that a lawyer needs for complete understanding of a particular problem. No other source merges the practical with commentary and analysis so helpfully. Explains in understandable language and meaningful and dependable detail the substantive issues and the practical procedures a lawyer needs to handle a specific immigration matter, complete with checklists of forms, documents and types of evidence needed for application/petition packages. Liberally cross references to other sections in the book where related topics are discussed (because so many topics are interrelated). Provides line-by-line instructions on how to complete the most commonly used forms to avoid embarrassing mistakes. Contains comprehensive charts of detailed contact information for the officials in the many government agencies administering immigration laws, some of which are not available anywhere else, including INS' reorganized regional and district offices, Immigration Courts, consulates throughout the world (with country-unique rules), labor department regional offices, state employment and prevailing wage specialists, suppliers of country conditions information for asylum claims, au pair programs, and more; (such as Internet sites, and au pair agencies) Organizes explanations of potentially applicable visa options according to the attributes of the alien (and the employer), rather than the classifications in alphabetical order, so that practitioners can make sense of options in light of the client in the office. Compares and charts attributes and procedures of such topics as nonimmigrant visa classifications, procedures to permanent residence, and standards of "extreme" hardship. - Cites the most useful Internet site URLs with explanation of the increasingly helpful free databases and tools available through each one. Is edited and completely updated each year with the latest developments in all areas of immigration law. What’s New in Immigration Practice 2005-2006 Edition? · Constantly increased and updated links to government web sites containing current contact information, forms, primary law sources of all types, case status information, and processing and substantive guides—all referenced by pinpoint citations in the text. See Chapter 5 explaining sources of law, Appendix B and C-1 showing web links, and the CD-ROM in the back cover providing one-click access! · Analysis of the Labor Departments new PERM rules, with tables showing how and where they change labor certification practice. · Step-by-step instructions for completing DOL’s new Form ETA 9089, which was introduced with the PERM program and which is completed and filed on-line. · Discussion of new prevailing wage rules, including the elimination of the 95% rule and the requirement that DOL use four levels in its OES Wage Data. · Analysis of REAL ID Act of 2005 and its impact on removal proceedings, asylum applications, judicial review and business immigration cases. · Updated treatment of the Basic Pilot Program for employment verification, which has been expanded to all 50 states and the District of Columbia. · Explanation of new legislation permitting electronic storage and signature of I-9 forms. · Analysis of the H-1B and L-1 Visa Reform Acts, including a discussion of changes in filing fees and the addition of a new Fraud Detection Fee. · Reinstatement and alteration of H-1B training fee, which has been raised for most employers to $1,500 and reduced to $750 for smaller employers. · Detailed review of developments regarding 7th year H-1B extensions.

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About the Author:

Robert C. Divine serves as the Principal Legal Advisor to the U.S. Citizenship and Immigration Services bureau of the Department of Homeland Security. This book and this edition were written prior to his appointment, in his private capacity as an immigration lawyer, and the book does not in any way constitute an official statement of the law or policy or otherwise reflect the views of USCIS or DHS. Prior to his appointment to this position in 2004, Mr. Divine practiced all aspects of immigration law on a national scope as a leader of the immigration team within Baker Donelson Bearman Caldwell & Berkowitz, a firm with over 300 lawyers in 10 offices throughout the Southeast and Washington, D.C. His clients included multinational corporations, medical, financial and academic institutions, information technology providers and users, foreign investors, manufacturers, and individuals from many countries. He had been an active member of the American Immigration Lawyers Association since 1986 and has authored numerous bar journal and other articles on immigration law. In early 2004 he served as an expert for the U.S. Commission on International Relgious Freedom evaluating the impact on asylum claims from DHS' implementation of expedited removal procedures. About the Updating Author for 2005-06: R. Blake Chisam practices exclusively in the area of Immigration and Nationality Law as a partner in the firm of Chisam & Majid. He advises organizations with respect to immigration-related policy, employment, civil rights, and health care law matters, including related white-collar criminal and regulatory compliance issues. Mr. Chisam is an active member of the American Immigration Lawyers Association ("AILA"), for which he currently serves on its Business Litigation committee, and the American Bar Association ("ABA"). In October 2000, Mr. Chisam and his partner Jasmine A. Majid were, awarded the prestigious Meritorious Public Service Award from the Director of the U.S. Department of Justice’s Executive Office for Immigration Review, which was presented by then-Attorney General Janet Reno, in recognition of their "tireless and distinguished pro bono efforts on behalf of unrepresented aliens detained by the ... Immigration and Naturalization Service." Mr. Chisam has lectured on immigration law to law students at universities across the U.S., and he is a frequent author and lecturer to professional associations, academic symposia and community groups. He is admitted to practice in New York, Maryland, Pennsylvania and a host of federal courts


"'Immigration Practice' is filled with practical, down to earth information in a format that is easy to use." --Peter Williamson, Houston, TX, Former President of the American Immigration Lawyers Association (AILA) - 1994-1995)

"The appendix alone is worth the price of the book!" --Dale M. Schwartz, Schwartz & Kuck, Atlanta, GA, Former President of AILA (1986-87)

"'Immigration Practice' is a handy reference work for both the novice and the experienced practitioner." --Daryl Buffenstein is Chair of the National Immigration Practice Group of Paul, Hastings, Janofsky & Walker LLP

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