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Immigration Daily December 15, 2004
Previous Issues
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PERM Moves To Publication

The Office of Management and Budget has approved DOL's PERM rule for publication in the Federal Register. The rule likely went for signature to the Assistant Secretary on 12/13, and will likely be sent on 12/14 or 12/15 to the Government Printing Office for publication in the Federal Register. An advance copy for public inspection will likely be available in the next few days. The rule will likely be published late this week or early next week. Based on repeated statements by DOL, we expect PERM to be effective 60 days from publication, i.e. as of mid-February.

The OMB notice on PERM reads (in its entirety) as follows:

Department of Labor

DOL-ETA                      RIN: 1205-AA66
Labor Certification for the Permanent Employment of Aliens in
the United States; Implementation of a New System
RECEIVED:  02/23/2004        LEGAL DEADLINE: None
** COMPLETED: 12/10/2004 Consistent with change
The content of the rule is of course the subject of much speculation, and will not be definitively known until the public inspection copy is made available by GPO. What we can state based on DOL's behavior is that there is likely more than one surprise in the rule (as compared to the proposed rule), and therefore the published rule is likely to be an "interim final rule" not a "final rule" (both kinds have the same impact as far as filing labor cert applications is concerned, the difference is that the interim rule is open for comment and future revision). Of course, we could be wrong, but that is the best assessment we can make at this time. PERM is likely to significantly affect business immigration practice as it unfolds. However, PERM will not be the whole story - the elimination of the SWAs will likely be an even bigger story over the coming year. Joining this chaos will likely be a fair number of lawsuits. Attorneys can prepare their practices for PERM now by reading the definitive article on labor certification "The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM" by Gary Endelman.

ILW.COM will strive hard to ensure that attorneys can stay on top of PERM and other critical areas of labor cert practice through its seminars. For more info on the current labor cert seminar, see:

We welcome readers to share their opinion and ideas with us by writing to


Immigration Law Books - Latest Editions Shipping Now

No immigration attorney should be without a complete, up-to-date reference library for all his/her primary resource needs. The 2004 edition of The Whole Act – INA, provides annotations, footnotes, editorial notes, updated Topical Index with a separate Index of Appendices, and 49 Appendices, to help both novice and experienced practitioners alike efficiently navigate the complex labryinth of immigration statutes. The 2004 edition of regulations in 2 volumes (both immigration regulations – 8 CFR – and all immigration-related regulations of the DOL, DOS, and DOJ) includes the latest changes in the regulations + handy and most detailed Topical Indices for each. The 2004 edition of Patel's Citations, covering the history and treatment of all reported administrative precedent decisions under immigration and nationality law, keeps you abreast of the status and standing of all such immigration citations (e.g., reversed, affirmed, modified, followed or not followed, criticized, distinguished, etc.). This entire reference library consisting of the Act, Regulations, and Citations, is an indispensable reference tool that you will reach for day after day. We offer a 30-day money-back guarantee. If you're not satisfied with your purchase within 30 days of receipt, you can request a full refund - no questions asked. For more information see here.


Deregulation: The Cure For Our Immigration Ills
Gary Endelman writes "The whole scheme of H compliance rests, as do virtually all new immigration initiatives, on the pernicious notion that micromanagement and mass immigration can co-exist."

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:


OMB Has Approved PERM Rule For Publication
The Office of Management and Budget approved the PERM rule for publication in the Federal Register.

EOIR Releases Latest Discplinary Actions
The Executive Office for Immigration Review announced its latest disciplinary actions: 3 Attorneys Immediately Suspended; 2 Receive Final Orders.

USCIS Announces FY 2005 H2B Processing
USCIS announced that it had received H-2B petitions for 61,747 beneficiaries counting against the 66,000 statutory visa cap for fiscal year 2005.

Department Of Labor Publishes Its Semi-Annual Regulatory Agenda
The Department of Labor published its semi-annual regulatory agenda for the next 12-months.

Department Of State Publishes Its Semi-Annual Regulatory Agenda
The Department of State published its semi-annual regulatory agenda for the next 12-months.

Department Of Homeland Security Publishes Its Semi-Annual Regulatory Agenda
The Department of Homeland Security published its semi-annual regulatory agenda for the next 12-months.

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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

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 business immigration attorney 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. Japanese fluency preferred. Email resume & salary requirements in confidence to

Case Management Technology
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We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

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

Dear Editor:
Sebastian's letter (12/14/04 ID) ignores what I have always considered one of the key traditional values of not only conservatives, but all Americans, a belief in laws made by duly elected representatives, respected by the populace, and enforced without discrimination. I see failure to enforce immigration laws by the people entrusted to do so at the highest levels for political or economic gain; failure to respect the law on the part of segments of the public, including those who believe "compassion" justifies ignoring the law; and discrimination in which illegal aliens, especially Latinos, are considered exempt from having to follow our laws because of their ethnicity, indeed, are considered deserving of amnesty because of their ethnicity. Mr. Baer's letter (12/14/04 ID) claims that hiring illegal aliens is a "triviality" and should be of no consequence in selecting public officials. Knowingly hiring illegal aliens as well as failing to pay the taxes owed indicate a darn big character flaw on the part of the employer, and are a pretty good indication that he will do what suits him no matter what the law says on other matters. For a person in a public trust position, one whose very position will be to oversee enforcement of immigration laws, a history of hiring even one illegal alien justifies nomination denial. As for Mr. Kerik, it's now coming out that he has exercised at best poor judgment and at worst criminal behavior in other areas of his life. I find it hypocritical that the White House is willing to publicly proclaim support for "guestworker" programs to legalize illegal aliens, but would find the hiring of an illegal worker too egregious for the public to stomach. You can bet Mr. Kerik's nomination was withdrawn for other than the reason given.

Ali Alexander

Dear Editor:
Regarding the lamentations over Kerik's withdrawal from the nomination for DHS honcho in the 12/14/04 issue of ID, it seems altogether reasonable to me that qualifications for the position should require someone not only cognizant of the law, but also one who chooses to abide by it. Character may be losing ground, but it still counts.

Bill Glenn


Readers can share their professional announcements (100-words or less at no charge), email:

New Attorney
LIRS welcomes Carol Pelton, new Staff Attorney for the organization. Carol will provide immigration law technical assistance and training to LIRS affiliates and partners around the country. Carol studied at the University of Iowa, in Guanajuato, Mexico and Montevideo, Uruguay, and the Chicago-Kent College of Law. She joins LIRS from the Chicago Legal Clinic, where she served as Director of the Immigration Program. During her stay, Carol assisted low-income individuals apply for family and humanitarian-based immigration benefits. Her other experiences include teaching English as a Second Language to children in Seoul, S. Korea

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. Copyright 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM or members of the Immigration Daily Advisory Board. The opinions expressed in the Comment section are those of ILW.COM and Immigration Daily and do not necessarily represent the views of the members of the Immigration Daily Advisory Board.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Advisory Board:   Marc Ellis, Gary Endelman

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