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Immigration Daily November 2, 2004
Previous Issues
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Comment

Definitive Article On Labor Certs

We are pleased to bring to Immigration Daily readers one of the most important articles that we have carried - "The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM" by Gary Endelman.

A fundamental mistake in the immigration law community is mis-interpreting the Pesikoff decision. Contrary to conventional wisdom, the statute unambiguously places the burden of proof upon the DOL, not the employer, in labor certification cases. DOL has developed a micro-managed recruitment process as the heart of the labor certification program for the sole reason of discharging this burden of proof. Whether such micro-management is within the DOL's authority is certainly open to question - and is quite likely ultra vires. It should also be remembered that Congress contemplated a statistical way to determine labor cert applications, not the individualized system that attorneys are currently familiar with - raising further questions whether DOL is acting outside the bounds of its lawful authority. Furthermore, the statute says that the determination by DOL must be made "at the time of application for a visa and admission to the United States" - thus raising the question whether a system which is designed by DOL to yield a final determination (including BALCA appeal) of any time period in excess of 6 months is on this count alone ultra vires. It is important to remember that on these points, it does not matter whether you consider the current labor cert regs, or the forthcoming PERM regs, e.g. both sets of regs are united in that they both micro-manage recruitment for the only reason of assisting the DOL in meeting the burden of proof it needs to deny any labor cert. The centralizing/federalizing of the labor certification program, currently under way, may result in unprecedented numbers of denials - and lawsuits are the only way to stop this. For attorneys contemplating litigation, this article has 131 footnotes to assist with source material in producing an appropriate brief. We commend this article to the attention of anyone seriously interested in labor certification, and/or with a serious stake in the labor cert program.

To read the article, see here.


Focus

The TG Memo - On The Road To PERM

DOL's Transitional Guidance Memo sets in motion a chain of events unlike any seen in the labor certification field in recent memory. Much of the structural changes (as opposed to substantive changes) contemplated in the proposed PERM rule are already in the process of implementation as a result of the TG memo. The TG memo will be among the important issues discussed at the final session of "Preparing For PERM With Joel Stewart". The deadline to register is Wednesday, November 3rd. For more info, detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/september2004.shtm. (Fax version: http://www.ilw.com/seminars/september2004.pdf.)


Article

The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM
Gary Endelman presents the definitive article on labor certification.


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News

DHS Announces 18-Month Extension of TPS For Honduran And Nicaraguan Nationals
USCIS issued a press release announceing an 18-Month extension of TPS for Nationals of Honduras and Nicaragua.


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Classifieds

Help Wanted: Immigration Attorney
Fast-paced, nationally recognized immigration law firm based in Washington, D.C., seeks a highly motivated, detail-oriented associate. Immigration experience, strong organizational, research, writing & interpersonal skills required. Spanish fluency a plus. Great opportunity for individuals interested in challenging, exciting work. Competitive salary/benefits. Visit www.maggio-kattar.com. Send resume, writing sample, salary requirements + references to Amal Talhame at: Maggio Kattar, 11 Dupont Circle, N.W., Ste. 775, Washington, DC 20036 or atalhame@maggio-kattar.com. No calls please.

Help Wanted: Immigration Paralegal
Levine & Associates, an immigration firm in the Ballston Section of Northern, Virginia seeks self-motivated, independent and productive paralegal with 3+ years of relevant experience. Salary based on experience and ability. Fluency in Spanish is desired but not essential. Practice involves family-based and employment-based petitions. Paralegal will have oppportunity to work under supervision of two attorneys, including the senior partner. Collegial, open office with a professional "family" atmosphere. Benefits include: free parking, medical insurance participation, and 16 days off per year. Ideal position for the clerically accurate, people-oriented, intelligent individual. Flexibility a must. Fax resume to Aaron Passon at: 703-527-4473.

Help Wanted: Immigration Attorney
Do you want to join a winning team? Are you energized by challenging opportunities in immigration law? If so, read on: Paparelli & Partners LLP, an internationally prominent, well-established West Coast immigration law firm with a focus on employment-based immigration seeks an experienced immigration attorney who is a self-starter and a team player for its new Manhattan office opening in January 2005. The successful candidate has (1) 3+ years of substantial experience in employment-based immigration (family-based immigration, deportation-defense and the immigration consequences of criminal convictions all a plus), (2) excellent writing, communication, technology and people skills; (3) NY state bar membership; (4) verifiable references and high ethical standards; (5) a track record in motivating, managing and leading immigration paralegals; (6) proven talents in marketing and business origination; (7) a passion for immigration law and for helping people; and (8) a desire to work with a diverse and top quality team who mirror excellence in client service and dedication to advancing the field of immigration law. If you have a drive to succeed and meet our requirements, then send your resume and letter describing your interest, qualifications, financial requirements and career goals in strict confidence to cim@entertheusa.com.

Help Wanted: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidates should have bachelor's degree, experience with all aspects of business immigration, including all types of immigrant visa petitions, labor certifications, adjustment of status and consular processing, and nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Submit resume and cover letter to Ms. Michele A. Buchanan, Esq. at MBuchanan@wolfsdorf.com. Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.

Help Wanted: Immigration Attorneys
Berry Appleman & Leiden LLP, a global corporate immigration law firm, seeks Associate Attorneys with 3+ (Senior Associates with 5+) years of business immigration experience for our San Francisco Office. Our attorneys work in a fast-paced, high volume practice with advanced practice tools and a state-of-the-art case management system. Experience in a range of business immigration matters, ability to provide exceptional client service, experience managing legal assistants, and superb analytical, organizational and case management skills are expected. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Please submit your resume via email to careers@usabal.com or by fax to 415-391-1642.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred).

Dear Editor:
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comingsNgoings

Readers can share their professional announcements (100-words or less at no charge), email: editor@ilw.com.

comingsNgoings To Date
comingsNgoings was launched in late summer. So far, we have received announcements for the following: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. If you have a professional announcement (not limited to the above), that you wish to share with the Immigration Daily community, send your professional announcement to: editor@ilw.com.


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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

© Copyright 1999-2004 American Immigration LLC, ILW.COM


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