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Immigration Daily March 1, 2005
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PERM Session - Detailed Curriculum (Sign Up Deadline is Tuesday, March 1st)

The curriculum for the PERM session of "Running With The Bulls In Immigration Pamplona" on March 3rd is as follows:

What's up with the Backlog Reduction Centers?

  • What is happening at the BRCs?
  • Is FIFO happening?
  • Where are my clients' cases?
  • How long will it take to adjudicate my clients' case and will that be faster than a new PERM case?
  • Can I amend my clients' applications at BRC and then do PERM?
Does PERM Ring the Death Knell on Delitizer?
  • What does PERM require under the "Substantially Comparable" test for on-the-job experience?
  • Will it be a simple test of whether jobs overlap 50%?
  • What are different duties?
  • When is supervising different that hand-on activity?
  • Why are org charts and payroll information relevant?
What's up with Prevailing Wage Practice?
  • Do the new rules require a written rationale for decision on prevailing wage source?
  • Is an employer entitled to a decision on resubmission of a request for prevailing wage determination?
  • How will the new four-level wage system play out?
Does PERM Create New Rules or Just Codify Old Cases and Practices?
  • How does the PERM requirement that an employer consider if a U.S. job applicant is able to learn new skills based on combination of training and experience in a reasonable time differ from former labor certification practice?
  • How does the requirement concerning the ability to learn new skills based on a combination of training and experience differ, if at all, from prior practice?
How Does PERM Recruitment Differ from RIR Recruitment?
  • Whats now required?
    • Two ads or one?
    • Three different steps or repeating the same steps several times?
    • Accounting for all applicants or just those interviewed?
    • How much room is there (given the wording of the PERM regulations) to document recruitment effort in another manner than the specific examples provided, e.g., campus recruitment for experienced workers?
  • NOF's vs. audits: Will CO's allow employers to cure defects or amend applications?
How Do Employers Maneuver through the SOC Job Zones?
  • How are experience and educational levels determined under the SOC job zones?
  • Why do the job zones in the on-line wage database at sometimes differ from the data found at and which database controls?
  • How do attorneys cope with employer job requirements that exceed the job zones?
  • How do employers document business necessity if the job zones are exceeded?
  • How do the SOC job zones impact on obtaining a prevailing wage under the new four-tiered wage system?
  • What is the interrelationship between the preamble remark about conformity with the SOC versus ETA 9089 Question H12? Will a yes still trigger an audit, or, will an analyst apply judgment before issuing the audit letter?
  • Tips
    • On gearing up for the new 4-level wage system?
    • On whether prevailing wage determinations issued by the SWA before 3/8/05 be updated quickly if received?
How Do We Deal with the Clash of PERM Progression and Visa Number Retrogression?
  • What strategies still work?
    • Getting from Third Preference to Second Preference?
    • Using cross-chargeability?
    • AC-21-available strategies when visas backlog?
    • Change of status from L-1 to H-1B to get seventh year extension?
    • Change of status to other viable nonimmigrant categories?
  • Are labor certifications doomed for caregivers, live-in workers, and most non-professional jobs?
What Other Immigration Bulls May Turn Us into Road Kill?
  • How do the rules change when filing for H-1Bs on March 8th?
  • Do you need an advanced degree by March 8th to get an H-1B?
  • Will it be easier to obtain a labor certification approval under PERM than under RIR?
  • What's wrong with taking the chance that a labor certification can be approved without an audit?
  • What do you do to prevent unleashing the Sword of Damocles (the perpetually revocable labor certification approval)?
The deadline to register is Tuesday, March 1st. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Asylum Law In The Ninth Circuit
Cheri L. Ho of the Office of Staff Attorneys US Court of Appeals For the 9th Circuit provides an overview of asylum, withholding, and the Convention Against Torture in the 9th Circuit.

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:


USCIS Extends Comment Period For H-2B Program Change
The USCIS announced that it is extending the public comment period for a proposed rule that would significantly alter the H-2B program.

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Credential Evaluation And Translation Service
Why should you choose Silvergate Evaluations? We have a special ILW.COM offer for first-time clients -receive 50% off our already low fees for your first academic or work experience evaluation when you mention this ad. We offer the full spectrum of evaluation services, including academic evaluations, work experience evaluations, combined academic and work experience evaluations, expert opinion letters, and translations. Our evaluators are all Ph.D university professors who are authorized to grant credit at accredited US universities and are routinely accepted by USCIS and DOL, universities, and other institutions. We offer some of the lowest prices and processing times in the industry. Academic evaluations are $80 and work experience evaluations are $200, both with a 3 business day processing time. Next day and same day service also available. We are committed to client satisfaction. If you have a request regarding an evaluation that has already been completed and sent to you, it will be handled within hours, not days, and without an extra fee. We offer free preliminary assessments so that you avoid paying for unnecessary equivalencies. Visit, email, call 410.358.3588, or fax documents to 410.358.1167. See for yourself why everyone is choosing Silvergate.

Immigration Law Conference
Save The Dates - April 25-26, 2005. The CMS-Fordham 28th National Legal Conference on Immigration and Refugee Policy. Sponsored by the Center for Migration Studies (CMS) and the Fordham Law School, in Collaboration with the Catholic Legal Immigration Network, Inc. (CLINIC) Program. Location: The Fordham Law School, New York, New York. Topics will include: Is Big Brother watching: using technology to improve both security and service, the impact that security checks and delays are having on artists, entertainers, schools and businesses, civil liberties and rights for nonimmigrants in the brave new post 9-11 world, international human rights developments related to migration, emerging issues in business immigration, workplace enforcement issues in the twenty-first century, prospects for immigration reform in the 109th Congress, plus 2 special programs: getting ready for legalization and getting ready for PERM: a nuts and bolts overview. Representatives from the government, nongovernmental organizations and private practice have been invited. For additional information, please go to

Help Wanted: Immigration Paralegal
Moore & Van Allen, a general business and litigation firm with 240 lawyers in three offices, is one of the largest firms in North Carolina. We have an opportunity for a qualified individual to join our Charlotte office as an entry-level immigration paralegal. Full-time entry level paralegal position requires 1-2 years corporate immigration experience, excellent technical skills and attention to detail. Successful candidate will be integrated into a large corporate immigration team. Overtime required as needed. We offer a competitive salary and excellent employee benefits. Send resume in confidence to Candy Komornik at: or by fax: (704) 339-5906.

Help Wanted: Immigration Attorney
Reeves and Associates, one of the largest, oldest and most respected immigration firms in California seeks highly motivated and hard-working immigration attorney admitted to the CA bar with 5+ years immigration experience for its Pasadena, CA office. Ideal candidate should have extensive experience in immigration law (family, business, immigrant and nonimmigrant visas, and deportation/removal), exceptional writing and editorial ability, case management skills and ability to supervise and coach support staff. Applicant needs to be detail oriented, highly organized, have people and case management skills, exceptional client service approach and be able to multi-task and manage a challenging and varied workload. R&A has an experienced support staff, state of the art technology and unsurpassed growth and learning potential, all in a very congenial environment. Submit resume with cover letter + salary history to Robert Reeves: or fax to (626) 795-4999.

Help Wanted: Immigration Paralegal
Established boutique law firm in New York City seeks an experienced paralegal who desires to work from home, part-time. We specialize in O-1 and EB-1A in the arts and entertainment, with a selection of H-1, L-1 and family cases. The ideal candidate will: 1) have experience in our practice area, 2) have an interest and talent for organizing, excerpting and summarizing evidence in a lengthy submission letter (for O-1 and EB-1 cases), 3) be self-motivating, and will 4) work efficiently, timely and in an organized fashion. We communicate via emails and couriers. The candidate will augment our current team of telecommuting paralegals. We project 5-15 cases per month. The candidate must have necessary computer equipment, software and skills for this position. We pay by the hour or per case. Please forward detailed resume, writing sample for EB-1A case, and two references to:

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

Dear Editor:
What is "Pamplona"?

Richard Shuey

Editor's Note: Pamplona is a city in Spain where the bulls are run. "Running with the bulls in immigration Pamplona" refers metaphorically to immigration lawyers' predicament.

Dear Editor:
An item in Immigration Daily's 2/25/05 issue stated President Bush in his letter thanked Slovak Prime Minister and the link to that letter says Slovenia. Please advice the competent person who does the web posting that Slovakia and Slovenia are 2 different countries with different languages as well as cultures. Slovakia is the one of 2 states of former CzechoSlovakia and Slovenia is from former Yugoslavia.

Richard Makovic

Editor's Note: Thank you for pointing out our error. Our production checks did catch this error, albeit too late for correction. We do not change our links once they have been created.

Dear Editor:
Mr. Flynn's letter (2/28/05 ID) refers to "only 54 percent" of the US population being against Bush's guest worker program. However, Mr. Bush himself won re-election and proclaimed a "mandate" with only 51 percent of the popular vote. As for the provisions in the REAL ID Act tightening the procedures for gaining asylum, if the system weren't already being grossly abused by fraudulent claimants, there would be no need to tighten the requirements. Legitimate claimants have only the millions of fraudulent claimants and absconders to blame for the tougher standards they'd face under the Act.

Ali Alexander

Dear Editor:
Kindly let me know the procedure to practice law in US. I am practicing lawyer in India looking for an oppurtunity to practice in the US.

Pandu Ranga

Dear Editor:
February 26, 2005 was 19 years to the day that Tess Huppanda came with the deposed President of the Philippines via US Air Force jets to Guam. Pursuant to a stipulation between the parties, an order was entered 2/25/05 by San Francisco Federal District Court Judge William Alsup dismissing Ms. Huppanda's habeas corpus action. Miss Tess has achieved her goal: to be "paroled" indefinitely in America, as President Reagan promised. The struggle to obtain permanent resident through a private bill will continue.

Jim Mayock
Elliot & Mayock LLP


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Submit Your Announcement
comingsNgoings was launched last year. 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: comingsNgoings announcements is a free service.

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