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:
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
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
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
RECEIVED: 02/23/2004 LEGAL DEADLINE: None
** COMPLETED: 12/10/2004 Consistent with change
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: http://www.ilw.com/seminars/december2004.shtm.
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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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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.
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.
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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
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