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    Pierre Bonnefil
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       <p>IMMIGRATION UPDATES WITH A HUMAN INTEREST SLANT!

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     <h2 class="date-header">Friday, 22 August 2008</h2>
      
   <div class="post"><a name=3></a>
    <h3 class="post-title">The comprehensive Immigration Reform Saga </h3>
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<P class=MsoNormal style="MARGIN: 0in 0in 0pt">On June 19, <SPAN 
style="mso-spacerun: yes">&nbsp;</SPAN>2008, my firm, Epstein Becker and Green, 
P.C., co-hosted a very special event at the Yale Club in New York along with the 
Mexican Law firm, Bryan, Gonzalez, Vargas y Gonzalez-Baz, S,C. and Pinnacle 
Achievement President Daniel Gutierrez. It was designed to be an informal 
meet-and-greet of the new Consul General of Mexico, Ambassador Ruben Beltran 
Guerrero. The evening turned out to be a success, because of the positive energy 
and the sheer enthusiasm of the participants. As expected, Ambassador Beltran 
was charming and presented a number of interesting points regarding Mexico and 
the US and the need to continue working together as business partners—especially 
during these difficult economic times. He also stated that the Mexicans and the 
Hispanics, in general, are a very big part of this country, and will also 
continue to be an integral part of the economic solution and prosperity of the 
US and its neighbors to the south. </P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><?xml:namespace prefix = o ns = 
"urn:schemas-microsoft-com:office:office" /><o:p>&nbsp;</o:p></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt">He added further, that in an 
attempt to assist the Hispanic communities of the tri-state area, he and other 
Consul Generals were going to host the June 21 <A 
href="http://portal.sre.gob.mx/nuevayork/index.php?option=displaypage&amp;Itemid=178&amp;op=page&amp;SubMenu=" 
target=_blank><SPAN 
style="COLOR: windowtext; TEXT-DECORATION: none; text-underline: none">Feria 
Consular Latinoamericana</SPAN></A> in Harrison, New Jersey, <SPAN 
style="COLOR: black">Here the consulates Mexico, Colombia, Costa Rica, Ecuador, 
El Salvador, Guatemala, Peru, the Dominican Republic, and Uruguay provided 
services to their constituents</SPAN>. I<SPAN style="COLOR: #333333">t would be 
the first time that several consulates of Latin America in the U.S came together 
to provide services in a joint fashion simultaneously. I found this to be a 
strong step in the right direction and something on which I commend Ambassador 
Beltran and the other eight consulates that participated in this ground breaking 
event. <o:p></o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN 
style="COLOR: #333333"><o:p>&nbsp;</o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="COLOR: #333333">This 
is a strong representation <SPAN style="mso-spacerun: yes">&nbsp;</SPAN>to the 
world of what we can accomplish as a group, if we put our heads together and 
work for the greater good of our people There is strength in our diversity. 
However, as similar or different as we may be, we ultimately face the same 
problems on a daily basis—especially in the larger immigration context. <SPAN 
style="mso-spacerun: yes">&nbsp;</SPAN>As mentioned in last month’s segment , 
the immigrant community is facing an uphill battle because of the lack of 
comprehensive immigration reform. The individual states have been trying on 
their own to come up with immigration reform, which has proved to be quite 
messy. Since a number of the state immigration laws contradict each other on 
immigration compliance, employers who have offices/facilities in different 
states have a compliance nightmare on their plates. <o:p></o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN 
style="COLOR: #333333"><o:p>&nbsp;</o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="COLOR: #333333">With 
regards to immigration reform, I was recently asked to prepare a position paper 
for one of <SPAN style="mso-spacerun: yes">&nbsp;</SPAN>my clients, in which I 
was asked to set forth the concerns facing big business in this fight for 
immigration reform. During my research and interview process,<SPAN 
style="mso-spacerun: yes">&nbsp; </SPAN>I concluded that yes, we need to take 
care of the undocumented and the problems they are facing, but that it is just 
as important to keep our sights on the problems facing big businesses in their 
attempt to hire the best and the brightest, who often times are foreign 
nationals. <o:p></o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN 
style="COLOR: #333333"><o:p>&nbsp;</o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="COLOR: #333333">In 
order to get an idea of the horrible state the business of immigration is in, 
all we have to do is look at the ill fated H-1B nonimmigrant visa program. The 
H-1B visa is the workhorse of the business immigration practice since it 
provides professionals with the opportunity to accept temporary employment with 
US employers. This year, as in the last two years, the immigration practitioners 
were faced with a very hectic task: putting together H-1B petitions and filing 
them on April 1—with no real guarantee that our petitions would even be 
accepted. The USCIS provided us with a strict guide as to exactly how the 
petitions had to be prepared and set forth a<SPAN 
style="mso-spacerun: yes">&nbsp; </SPAN>zero tolerance policy for non 
compliance.<o:p></o:p></SPAN></P>
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           <p class="post-footer">
      <em>Pierre Bonnefil @ 10:57 AM</em>
                     
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     <h2 class="date-header">Tuesday, 06 May 2008</h2>
      
   <div class="post"><a name=2></a>
    <h3 class="post-title">Immigration</h3>
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            <P><FONT face=Arial color=#000000 size=2>When I was initially 
            approached to write a monthly article on Immigration, I struggled to 
            come up with a theme and an approach. At first, I thought that I 
            would write an article with immigration updates for the month—more 
            of a legal column. I quickly banished that thought, since it 
            appeared that most people would be bored to death. So, in the spirit 
            of compromise, I decided to make this section a combination of 
            immigration updates with a human-interest slant. <BR><BR>Immigration 
            has become one of the hottest and most controversial issues in the 
            country, especially during this election year. 
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    <TD><FONT face=Arial color=#000000 size=2>But, frankly, it has also become 
      an issue that America is afraid of talking about and, most importantly, 
      afraid of doing something about. </FONT><FONT face=Arial size=2>In the 
      summer of 2006, Congress took on immigration reform legislation, but 
      failed to come up with a consensus. Again, the message is that we have 
      turned a blind eye to a situation that is not going to go away. I realize 
      that there is no quick solution that will please all Americans. <BR><BR>In 
      an attempt to address immigration reform, individual states have voted on 
      and instituted controversial immigration legislation. Many of these laws, 
      such as certain laws in Arizona, are under attack by human rights groups, 
      which argue they are unfair and unconstitutional. However, many state laws 
      remain in effect, and as an immigration practitioner, I can attest that 
      they are causing concern among corporate clients, and especially companies 
      with offices in different states. In assisting them, we not only need to 
      be vigilant of US immigration laws, but of local laws in the jurisdictions 
      where they do business. <BR><BR>After the tragic events of September 11, 
      2001, the focus of the government has been on enforcement and compliance. 
      The Immigration and Customs Enforcement agency has been involved in 
      numerous raids. US embassies and consulates are performing strict 
      background checks, causing lengthy delays. The US Customs and Border 
      Protection has increased the security measures at ports of entry. The US 
      Citizenship and Immigration Services has increased scrutiny of 
      family-based and employed-based petitions. The US Department of Labor has 
      instituted tougher requirements in their alien labor certification 
      procedures. The important lesson is that compliance with both federal and 
      state laws is of vital importance.<BR><BR>This country was built on the 
      blood, sweat, and tears of immigrants. People who came to America to live 
      their own “American Dream.” A dream that has come true for millions of 
      people, and a fleeting dream that millions are attempting/hoping to have 
      come true. Unfortunately, due to the current immigration laws/climate, 
      many people will be forced to go deeper underground and never be in a 
      position to reach their objectives. It is not that they do not want to pay 
      taxes or become contributors to our society. Our current laws do not allow 
      undocumented aliens to come forward without risking deportation, and many 
      have been in our country for many years and have developed strong roots. 
      <BR><BR>Many undocumented aliens are in the position that they are in 
      because they have violated immigration laws. However, many others came in 
      as minors through no fault of their own and they have stayed in the 
      country. And now that they are trying to regularize their status, they 
      find themselves in the fight of their life. They have been here for most 
      of their lives. They have been educated here. They have no family “back 
      home,” and when asked where is “home,” they emphatically say: “here.” The 
      sad part about this situation is that, again, due to the current climate, 
      talented individuals are forced to go underground or accept employment far 
      below their potential.<BR><BR>A few months ago, a young lady from the 
      Caribbean visited my offices. Unfortunately, her story was not unique. She 
      followed her family to the US when she was around ten years old. She 
      stayed here, went to elementary and high school, went to the university, 
      went to law school, took and passed the bar. Now, because she is an 
      undocumented alien, she cannot work in a law firm and she is forced to 
      take on small projects where she is paid little or nothing. When I met 
      with her, she was hoping that I could produce a miracle. I told her that I 
      was very sorry but that I did not have a magical cure for her immigration 
      woes. <BR><BR>In my prior life, I worked for the US Immigration and 
      Naturalization Service as a Trial Attorney. In that capacity, I was 
      responsible for routinely prosecuting foreign nationals for violations of 
      the immigration law. To this day, I am a firm believer that we are a 
      country of laws and that we should endeavor to respect these laws. Because 
      without these laws, we would not be the country we are today. <BR><BR>So 
      what do we do in this situation? Do we reward those who have violated the 
      laws by regularizing their status? Or do we round them up and send them 
      home? <BR><BR>As I mentioned earlier, I do not believe that there is a 
      quick fix to this situation. Parties on both sides of the debate have 
      valid points and concerns. However, I sincerely believe that by not having 
      a serious national debate we are not going to find a proper and equitable 
      solution. We are surrounded by bright immigration minds who have valuable 
      insight/thoughts to add to this debate. <BR><BR>I understand that we are 
      in a very exiting time in our history, but we cannot turn a blind eye on 
      those who have made and continue to make this country great and the 
      problems they are facing. 
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      <em>Pierre Bonnefil @ 18:08 PM</em>
                     
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      <dd class="profile-data"><strong>Name:</strong> Pierre Bonnefil</dd>
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    <p class="profile-textblock">Pierre Bonnefil is a member of the firm in the Immigration practice in the firm’s New York office. He also is a member of the firm’s Hispanic Business Group and International Trade practice. Mr. Bonnefil, who has served as an Attorney General Honors Attorney with the U.S. Citizenship and Immigration Services (USCIS), has extensive experience representing both companies and individuals. 
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