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Immigration Daily July 3, 2002
Previous Issues


Editor's Comments

The most common complaints we hear about the Daily are that the sheer quantity of information presented everyday is overwhelming and that people do not have time to read through the Daily everyday. The numbered headlines of the Daily, (in the email version only), are designed to solve these problems. You can scan them within 20 seconds to see if anything happened today that is of relevance to you and then scroll down to the item number(s) you chose and read only those items by clicking on the links, safely ignoring the rest.


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Featured Article

B-1 Honoraria For Academic Activities 67 FR 37727 (May 30, 2002)
Clarice F. Liao writes on B-1 honoraria for academic activities


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Immigration Law News

INS’s Interior Enforcement Strategy
At the "INS’s Interior Enforcement Strategy" hearing the House Subcommittee on Immigration, Border Security, and Claims heard testimony from Joseph Greene, Richard Stana, Steven Camarota and Marissa Demeo.

DOL Seeks Comments
The Department of Labor is seeking comments from the public on Labor Condition Application and requirements for employers using nonimmigrants on H-1B visas.

DOS Seeks Comments
The Department of State is seeking comments from the public on Form DS-158, Contact Information and Work History for Nonimmigrant Visa Applicant.


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International Students Face Uncertainty
The New York Newsday quotes a spokesman for the National Association of Foreign Student Advisers saying, "A lot of the controversy comes from our trying to uphold the idea that it's a good idea to have foreign students here."

Senator Backs Part-time Foreign Students
El Paso Times reports that Sen. Hutchison, R-TX, will introduce legislation next week to create a new visa classification that would allow Mexican commuter students to take part-time course loads at border colleges.

Few Hondurans Renew Legal Status
The Washington Times reports that from the nearly 105,000 Hondurans who received temporary protection status here only 28,500 renewal applications had been processed as of June, 24 2002, with the deadline for renewal looming today.


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Classifieds

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Letters to the Editor

Dear Editor:

PERM PROPOSED REGS - NOT SO FAST!

Streamlined and quick labor certification is a desirable goal that should be affected. Just as backlogs in traditional labor certification prompted an overwhelming preference among practitioners and Certifying Officer’s alike fro RIR processing, backlogs have prompted PERM to emerge from the backburner. While I applaud the effort I remain concerned that in several respects the proposed changes to 20 CFR 655 and 656 will penalize honest and decent employers and workers and miss cases of fraud.

One of the requirements of PERM is obtaining a prevailing wage from the State Workforce Agency (SWA) in the state where the foreign national would be employed. In a streamlines system, there appears to be no opportunity for submission of alternative wage information. Where the SWAs are relying on information from the OES, the results in many cases may be overblown wages out of touch with reality. The SWAs as well as the regions routinely code jobs as level II positions at inflated wages. There will be no chance to challenge a wage of a database administrator coded at over $80,000 per year without subjecting an applicant to the traditional labor certification process and further backlogs.

The result of PERM will be a largely a long list of attestations by employers. What is the disincentive for fabrication? A computer program will check applications and “flag” applications for further examinations such as those not meeting an SWA wage determination. Where will those flagged applications be placed in the queue? The system will also randomly flag applications. Is putting applications in limbo on a random basis really a way of testing a computer system?

The proposed regulations limit the use of specific requirements that are germane to performing job duties in a reasonable manner, without a mechanism to defend them. The DOL would continue to use “cookie-cutter” job descriptions that do not fit the positions offered. The regulations eliminate business necessity. The proposed regulations eliminate alternative experience – a way to broaden a potential pool of applicants. Employers will be forced to waste time with candidates who do not meet all the requirements listed in a labor certification. Unless the DOL can show that the requirement is restrictive or a pretense, why have employers interview unqualified applicants?

Finally, the proposed “PERM” regulations require an employer to offer a wage equal or greater than the prevailing wage, removing the current 5 percent variance allowance. While assuring that employer’s do not prefer foreign nationals over U.S. citizens is laudable, it is counterintuitive to have a policy requiring employers pay foreign nationals a greater salary than that of a citizen.

Will PERM serve its purpose of providing fair processing in a timely fashion or will it inspire fraud and deter honest employers and workers from participating? It would be more useful to apply appropriate resources toward expanding RIR processing and updating and improving the way wages are determined and personnel are trained.

Ross Brady, Esq.


An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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