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Immigration Daily December 7, 2004
Previous Issues
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Comment

DOL Statement On PERM

The U.S. Department of Labor issued its "FY 2004 Performance and Accountability Report" on November 15, 2004. There are several points here which deserve close attention from labor certification practitioners. A section of that report is titled "Management and Performance Challenges" and includes a statement from the DOL's Office of Inspector General and a response from DOL Management on labor cert matters. We believe that the language here bears scrutiny since it may point to the real reasons why PERM has so far been delayed and offers pointers to the provisions of PERM when it is finally published.

Here is the OIG statement:

"The OIG is also concerned about regulations that allow employers to obtain permission to hire a specific foreign worker cleared by immigration officials to fill the job. Since entering the U.S. as a substitute worker on an approved labor certification is quicker than starting at the beginning of the application process, alien workers are willing to pay for approved certifications. The practice of allowing substitutions therefore provides incentive for filing fraudulent applications. One attorney filed 1,000 applications using false worker names and then sold the certifications to others. The OIG is also concerned that approved labor certifications do not have an expiration date, and can therefore be used indefinitely. ETA is working to address the problem of substitution, prohibit the Inspector Generalís Statement sale or purchase of certifications, and shorten the period a certification is valid in coordination with the OIG and the Departments of Justice and Homeland Security."

Here is the management's response:

"Regarding automation of the Permanent Labor Certification Program, ETA has developed a fraud detection/prevention module for use in the new Program Electronic Review Management (PERM) system. This module is being designed to quickly validate applicant information and highlight signs of risk or fraud using a public record database to be supplied and updated by a third party vendor. ETA is considering the use of additional safeguards to authenticate the identity of an employer and to maintain the integrity of the process. Once the new system is implemented, the re-engineered PERM system will mark a significant change to the labor certification process in helping to validate information. The program will identify ineligible employers using automated system edit checks ... ETA is working with representatives from interested Federal agencies on the issue of fraud in the Permanent Labor Certification Program ... ETA meets quarterly with CIS and Department of State to discuss ways to reduce fraud in the foreign labor certification programs. ETA and CIS have formed a subgroup that meets monthly to improve information sharing on employers that are currently being investigated for fraud. ETAís Foreign Labor Certification program has filled a policy analyst position whose sole focus will be on quality control and fraudrelated issues."

We believe that DOJ and DHS expressed objections in May/June of this year to the PERM rule on the grounds that more security safeguards against fraud were needed, and that DOL created new language over the summer to meet those objections. The current delay in publishing PERM has to do with political considerations which were present during the May/June timeframe and which will likely cease to be obstacles once the 108th Congress finally adjourns.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

State Licensure Will Be Focus Of December 13th Session Of "Nurse Immigration (In Cooperation With CGFNS)"

State Licensure issues will be the focus of discussion in the December 13th panel of "Nurse Immigration (In Cooperation With CGFNS)". The distinguished panelists are as follows:

Judith Pendergast is currently the Director of Planning, Marketing and Communications for the Commission on Graduates of Foreign Nursing Schools (CGFNS). Prior to holding this position, Ms. Pendergast served as the Director of Government Affairs for the Michigan Nurses Association and as the Executive Administrator for the Wisconsin Nurses Association. In addition, Ms. Pendergast has twenty years of clinical nursing experience in emergency services. Ms. Pendergast holds a diploma in nursing from Mercy Medical Center School of Nursing in Oshkosh, Wisconsin, a baccalaureate degree from Marian College in Fond du Lac, Wisconsin, and a juris doctor degree from Marquette University School of Law in Milwaukee, Wisconsin.

Winifred Carson-Smith has been the nurse practice counsel for the American Nurses Association for over ten years. In this role, she is responsible for assisting and supporting the association in the development of standards, policy and other tools related to nursing practice. Windy also litigates nursing cases, provides legal opinions on nursing practice and clinical issues, and responds to legal inquiries related to nursing. Prior to joining the ANA, she worked in legal, legislative and regulatory positions with the District of Columbia government, the Maryland General Assembly and the U.S. Senate. Windy writes and lectures on nursing practice. She has written on legal issues related to nursing for numerous academic and professional journals. Windy is a regular contributor to the American Nurse, Nurse Practitioner and magazines. Windy published a chapter on advanced practice nursing in the 2002 edition of the Health Law Handbook. She authors a regular column on legal and practice issues for NP World News; and she recently completed an articles on nurse practitioner malpractice for Nurse Practitioner magazine and the legal implications of genetics and genome research on nursing practice for the Genome Information Project , Zeta Phi Beta Sorority. Windy was the only nonnurse recognized for her advocacy on advanced practice nursing issues by Nurse Practitioner magazine (2000). She sits on the Editorial Advisory Boards of Health Law Week and The American Journal for Nurse Practitioners. She speaks nationally and internationally on the legal issues related to nursing. Windy has been an active member of the American Bar Association, and serves as one of the co-chairs of the Medicine and Law subcommittee, TIPS Committee.

Amy L. Jerdee is an associate in Reinhart Boerner Van Deuren, S.C.'s Health Care Department. Her practice includes regulatory and transactional health law issues. Ms. Jerdee received her Bachelor of Science degree in Nursing, with honors, from Michigan State University. Prior to law school, Ms. Jerdee was a Cardiac Surgical Intensive Care Unit Nurse at Mayo Medical Center in Rochester, Minnesota. Ms. Jerdee is currently licensed as a Registered Nurse in Minnesota and Wisconsin. Ms. Jerdee obtained her law degree, cum laude, from the University of Minnesota in 2001, where she was an Articles Editor for the Minnesota Law Review. She was also the 2001 recipient of the Elaine Osborne Jacobsen Award for Women working in Health Care Law. This is a national award given by the Roscoe Pound Foundation in Washington, D.C. She was also the recipient of the 2002 Cynthia Ellen Northrop New Advocate Award given by The American Association of Nurse Attorneys. Ms. Jerdee authored "Heparin-Associated Thrombocytopenia: Nursing Implications" published in Critical Care Nurse in 1998; and "Breaking Through the Silence: The Minnesota Pregnancy Presumption and the Right to Refuse Medical Treatment," published in the Minnesota Law Review in 2000. Ms. Jerdee is a member of the State Bar of Wisconsin, the American Bar Association, the Milwaukee Bar Association, the American Health Lawyers Association and The American Association of Nurse Attorneys.

Bobbi Pierce is currently the lead analyst in the Licensing Program for the California Board of Registered Nursing. For the past 18 years, Ms. Pierce has served as the Board's expert analyst for international nursing education and she oversees the evaluation of RN applications from over 6,000 nursing schools worldwide. In addition, she is the lead staff member for advanced practice nursing evaluation and certification. In her capacity, Ms. Pierce has made numerous presentations to college nursing directors, nursing students, and nursing recruiters, and she has consulted with dignitaries from Japan, the Philippines, Norway, Great Britain, and Russia. She has assisted the Board in developing its resource and reference library, educated numerous new Board staff, and been instrumental in reviewing and developing new policies and regulations. In her legislative liaison capacity, Ms. Pierce has had the opportunity to become familiar with many of the challenges and unique situations that face international applicants in their efforts to seek RN licensure in the United States.

Rae Ramsdell is Licensing Manager at the Bureau of Health Professions at the Department of Community Health in the state of Michigan.

Klari B. Tedrow practices in the area of immigration and naturalization in Birmingham, Alabama. She has extensive experience with physician waivers, nurses, therapists, and other healthcare professionals. She is an adjunct professor at Cumberland School of Law. She came to the United States as a refugee from Hungary, whose parents escaped the violent Revolution of 1956 by swimming a large canal into Austria with two small children.

The deadline to register is Thursday, December 9th. For more info, detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/november2004.shtm. (Fax version: http://www.ilw.com/seminars/november2004.pdf.)


Article

212(c) Barred By Non-Drug Aggravated Felonies: Contrary Cases
Kathy Brady writes "In the final rule for 212(c) relief published September 28, 2004, the government appears to state that aggravated felonies unrelated to controlled substances may not be waivable under 212(c), because there is no specific "aggravated felony" ground of inadmissibility."


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News

DOL Issues FY 2004 Performance And Accountability Report
The Department of Labor issued its FY 2004 Performance and Accountability Report on November 15, 2004, with relevant labor certification-related provisions excerpted here.

President Bush Nominates Bernard Kerik as DHS Secretary
President Bush nominated Bernard Kerik, who was New York City police commissioner at the time that Rudy Guilliani was Mayor, to lead as DHS Secretary.

USCIS On TPS Designated Countries And Issues TPS Reminder
The USCIS released a list of designated Temporary Protected Status (TPS) countries and issued a reminder to those eligible Hondurans and Nicaraguans to re-register for the 18-month extension of Temporary Protected Status (TPS) by January 3, 2005. For the designated TPS countries list, see here. For the Honduran and Nicaraguan TPS reminder, see here.


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Classifieds

Help Wanted: Immigration Attorney
Anthony Olson, P.A., an immigration law firm in Sarasota, FL, specializing in employment- and family-based immigration law seeks experienced immigration attorney. Preferably 2+ years of experience in employment-based immigration, particularly with labor certs, EB-1, E, H, L, O, P visas. Foreign language skills preferred, especially Spanish or German. Friendly and flexible working conditions with a competitive benefits package. Applicants must be conscientious, self-reliant, detail-oriented, and well-organized. Salary is commensurate with experience. Submit resume to Tony by fax at 941-362-7107 or by email to tony@immigrationvisausa.com.

Help Wanted: Immigration Attorney
Ronald W. Freeman, P.C. is an employment-based immigration law firm located in downtown New York City with a diverse corporate client base, including numerous Japanese companies. We are looking for an experienced attorney fluent in both Japanese and English to join our team. Must have experience in nonimmigrant business visas and other business-related immigration matters. Strong communication (written & verbal) and case management skills required. Email resume & salary requirements in confidence to jobposting@rwfpc.com.

Help Wanted: Immigration Attorney
Tired of the cold? Why not join us in sunny Arizona, 20 minutes from downtown Phoenix? Employment-based firm with Fortune 500 clientele seeks a full-time lawyer to join our team. Must have at least two years employment immigration experience, excellent research and writing skills, and an exceptional client service approach. Experience with J-1 waiver/NIW physician cases a plus. Excellent salary and benefits including health, dental, vision, long and short term disability, retirement benefits, and paid AILA conferences. Arizona offers year-round hiking, camping, boating, professional sports and the Grand Canyon. Email cover letter with resume + salary requirements to Theresa M. Talbert: ttalbert@breljelaw.com.

Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity to join our dynamic team in the law and corporate affairs department in Redmond, Washington. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your response in Word format to resume@microsoft.com. Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.

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:
Ms. Morrigan's letter expressed concern over the requirement in the compromise intelligence bill that states shared information, citing the case of a woman detained and deported three days after applying for a driver's license renewal. The woman involved, as I recall, was not some random illegal alien (she actually had a valid SSN by the way), but had been ordered deported not once, but twice, and had ignored both orders. It's for precisely that reason - the apprehension of criminal aliens - that information sharing is desirable.

Ali Alexander

Dear Editor:
Another Immigration Daily attorney subscriber requested research assistance on the issue of approval of the adjustment of a petition for a transsexual in a family petition. One part of the strategy appears to be the sex for purposes of section 7 of the Defense of Marriage Act. If the transsexual beneficiary was a male and the petitoner was a male at the time of filing (or issuance of the benefit) the K-1 fiance or I-130 spouse, that could be critical if denied. The timing of the operation completed, and the timing of the filing, and processing of an adjustment may be critical to strategy and approval. The AILA Info Net (for AILA American Immigration Law Association) members... has several documents on this issue. i.e. AILA Doc. 04092760. BIA ruled in favor of the beneficiary of completed surgery, and the case was remanded. AILA Doc. 04080367 (looks to the gender when document is issued).

Elaine Schneider, Esq.
Minneapolis, MN


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. comingsNgoings announcements is a free service.


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

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