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Why Filipinos Call This Country Home 8 Pro Bono by Miriam Bustamante Riedmiller AILA Citizenship Day Leaves a Lasting Legacy

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Why Filipinos Call This Country Home 8 Pro Bono by Miriam Bustamante Riedmiller AILA Citizenship Day Leaves a Lasting Legacy TODAYVOL. 26 / NO. 4 Why Filipinos Call This Country JULY/AUGUST 2007 JULY/AUGUST Home TION A WYERS ASSOCI A TION L A H-1B Employers Beware MMIGR I N Surviving Labor A Certification H-3 vs. J-1 Training AMERIC Roam Free AILALink Online is available wherever you go—whether at home, the office, on the plane, in court, or sitting in a wireless café. With Internet access, users can take advantage of all that AILALink Online has to offer. Internet Access Not Always an Option? With the offline access, coming winter 2007 (for a nominal fee), you will be able to download weekly updates to your computer or lap top for access to AILALink Online wherever you are, whenever you need it without Internet access! What’s Available Through AILALink Online? With AILALink Online, you can view and search numerous immigration resources such as Primary Sources — INA, CFR, Federal Register, FAM, and more! AILA Publications (A $2,500+ value!)—Kurzban’s Sourcebook, Essentials of Immigration Law, Stanton Manual on Labor Certification, and more! Agency cables and letters as well as official agency liaison minutes (exclusive to AILALink Online!) Plus, fillable immigration forms in Adobe PDF* (save, print, and e-mail at no additional charge!) *Adobe 6.0 or higher required How Do You Become an AILALink Online Subscriber? Simply visit www.ailalink.org. You will be taken to a secure page to complete the registration and online payment process or print the subscription form and fax or mail it with your payment. For more information, visit us online at www.ailalink.org. To order, visit www.ailalink.org. For more information, e-mail [email protected]. AILA Publications—Written...Edited...Published by Immigration Lawyers The Foundation for International Services, Inc. Foundation for International Services page 2 WhenWhen accuracyaccuracy counts,counts, legallegal professionalsprofessionals dependdepend onon thethe leaderleader inin ForeignForeign CredentialCredential EvaluationsEvaluations andand TranslationTranslation Services.Services. Since 1978, thousands of clients have trusted FIS to provide accuracy and expertise for their International Document Services because we have the experience that legal professionals require. CREDENTIAL EVALUATION SERVICES We have more than 25 years of experience evaluating foreign educational credentials to determine their U.S. equivalent for education, immigration and employment. We offer document-by- document evaluations and detailed course-by-course evaluations. 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Vol. 26 / No. 4 ImmigrationTODAY Law JULY/AUGUST 2007 departments CONTENTS 6 President’s Page The Centennial Call to Mission Beyond 12 of the Great Migration: Comprehensive Immigration Reform Why Filipinos Call This Country Home 8 Pro Bono by Miriam Bustamante Riedmiller AILA Citizenship Day Leaves a Lasting Legacy 3 4 Ask the Expert Coping with Potholes in the Employment-Based Immigration Highway 38 Tech Notes Tried and Tested Computer 18 Life-Saver Tips and Tricks Playing BIG BROTHER: 42 Reader’s Corner Watching Over the H-1B A Nation by Design: Portrait Employer of Immigration Policy in the by Praveena Nallainathan, Karen C. Fashioning of America Selking, Pamela P. Mick, and Steven H. Garfinkel 48 Practice Pointers A Labor Certification Survivor Guide 56 Status Checks 26 ALSO Practice Makes Perfect: The Chavez World H-3 and J-1 Training Categories p. 10 by Marcia N. Needleman, Alexis S. Axelrad, and Eric Bland Advertisers Index p. 54 ON THE COVER: CORBIS / BONoToM STUDIO JULY/AUGUST 2007 Immigration Law Today 3 AILA’s COntact INFOrmatiON Reprint requests; editorial comments; Immigration Law letters to the editor; proposals for TODAY submission of articles: [email protected] Managing Editor Tatia L. Gordon-Troy AILA NatiONAL OFFICERS Display advertising information: Assistant Editor Kristine L. Tungol President Kathleen C. Walker [email protected] Editor-in-Chief Crystal Williams President-Elect Charles H. Kuck or call (202) 216-2400 Contributors Alexis Axelrad, Dan Berger, 1st Vice President Bernard P. Wolfsdorf Address changes: Eric Bland, Steve Clark, Nick Chavez, www.aila.org/myprofile (AILA members) Kathleen Campbell Walker, Steven 2nd Vice President David W. Leopold 1-800-982-2839 (nonmembers) Garfinkel, Pamela Mick, Praveena Treasurer Eleanor Pelta Nallainathan, Marcia Needleman, Ordering AILA publications: Secretary Laura Lichter Miriam Bustamante-Riedmiller, www.ailapubs.org; 1-800-982-2839; Karen Selking, William Stock, Susan Executive Director Jeanne A. Butterfield or for general publications-related Timmons, Reid Trautz questions: [email protected] Design & Production BonoTom Studio, Inc. DISCLAIMER www.bonotom.com AILA’s Immigration Law Today features and departments do not necessarily represent John Clemmer, AILA the views of AILA, nor should they be regarded as legal advice from the association Senior Graphic Designer or the authors. AILA does not endorse any of the third-party products or services EDITORIAL ADVISORY BOard advertised in Immigration Law Today, nor does it verify claims stated therein. Barbara Bower, Pittsburgh Ted J. Chiappari, New York AILA’s Immigration Law Today (ISSN: 1532-1398) is published six times a year by the American Neil Dornbaum, Newark, NJ Immigration Lawyers Association, 918 F Street, NW, Washington, DC 20004, (202) 216-2400. Mark Ivener, Los Angeles Copyright © 2007 AILA. All rights reserved. No part of this publication may be reprinted or otherwise reproduced without the express permission of the publisher. “AILA” and the AILA logo Steven Klapisch, New York are registered trademarks of the American Immigration Lawyers Association. Periodicals postage Jonathan Montag, San Diego paid at Washington, D.C. POSTMASTER: Send address changes to Immigration Law Today, AILA, H. Sam Myers, Minneapolis 918 F St., NW, Washington, DC 20004 Martha Schoonover, McLean Subscription Information and Rates: Annual subscription rate (six issues): $72. Single issue price: $16. Steven Thal, Minnetonka, MN Additional charge for delivery outside continental United States. Call 1-800-982-2839 for details. Matt Trevena, Austin A subscription to Immigration Law Today is included with AILA membership. Action Bail Bonds pu page 4 4 Immigration Law Today JULY/AUGUST 2007 USAWEB pu page 5 president’s PAGE / by Kathleen Campbell Walker Call to Mission Beyond Comprehensive Immigration Reform AM HONORED to have the opportunity to serve as the 2007–08 American Im- Will Piecemeal Packaging Work? migration Lawyers Association (AILA) president. Being a lawyer on the United There is murmur of possible single-shot reforms that might get through as part of States and Mexico border for more than 20 years has helped me deal with the I SKIL, AgJOBS, DREAM, and other em- tumult over border security during my tenure on the AILA Executive Committee, ployment-related bills. But since Congress and hopefully has prepared me to lead AILA during these uncertain times. could not craft a balanced reform package, all 50 states now have engaged in their own Remembering the Past The Push for Reforms version of “fixing” the illegal immigration The field of immigration law has had its in the 21st Century problem. As of April 13, 2007, the National share of xenophobia and nativism. Sadly, AILA anticipated an immigration reform Conference of State Legislatures reported some of these are still relevant in the ongo- package back in 2002. Five years later that 1,169 bills and resolutions had been ing immigration debate. and a few votes shy of witnessing a com- introduced across the nation, with the prehensive immigration reform (CIR) highest number of bills addressing the Mid-19th Century Mass Migration package actually come to fruition, we issue of employing unauthorized work- The Anglo-American resentment toward are still plagued with the same problems ers. For example, Arizona Governor Janet the influx of Irish Catholic immigrants dur- and shortcomings. In light of the Senate’s Napolitano signed
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