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Immigration Daily

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Immigration Daily March 4, 2005
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The Bible And PERM - On The Bleeding Edge

"To every thing there is a season, and a time to every purpose under the heaven:
A time to be born, and a time to die; a time to plant, and a time to pluck up that which is planted;
A time to kill, and a time to heal; a time to break down, and a time to build up;
A time to weep, and a time to laugh; a time to mourn, and a time to dance;
A time to cast away stones, and a time to gather stones together;
A time to embrace, and a time to refrain from embracing;
A time to get, and a time to lose; a time to keep, and a time to cast away;
A time to rend, and a time to sew; a time to keep silence, and a time to speak;
A time to love, and a time to hate; a time of war, and a time of peace."
(Book of Ecclesiastes, 3 - Old Testament)
We believe that the profound thought above is especially important to keep in mind when thinking of the new PERM rule. We have in mind here one particular application of the maxim "to every thing there is a season" - that now is not the time to be conservative in labor certification matters, and that aggressive interpretation and action is the correct course of action at this time of profound change in labor certification practice. In other words, those who are on the cutting edge of labor certs now will reap the benefits (for both their practices and their clients) in the future.

Unfortunately, being on the cutting edge sometimes means being on the bleeding edge. We were the first to raise the issue of "2 bites to the apple" under PERM - the issue of whether one can file the same application under both the current rule before March 25th and the PERM rule post-March 28th (see our comment in ID 12/30/04). When we raised the issue in the first few days after PERM was published, we questioned whether there would be 2 bites to the apple, basing our skepticism on the meaning of the word "identical" defined, contextually, as "same" at 20 CFR 656.17(d)(4). Our follow-up comment on this issue (see ID 1/31/05), we sought support for our skepticism in DOL's language in the preamble to the PERM rule at 69 FR 77342 (center column), which seemed to suggest that DOL would not take kindly to the 2 bites to the apple approach. In several dog-and-pony shows on PERM across the country, DOL personnel have apparently dodged most questions directed to them by an anxious regulated community eager to receive any scrap of an answer. However, the one question that DOL has apparently answered readily is the 2 bites question - and that answer has been a loud and unequivocal "No" - so say reports coming in to us.

Well, we have news for DOL. DOL is likely wrong on this one, as were we when we first looked at this issue. The brilliant Joel Stewart (author of the forthcoming "Labor Certification by Joel Stewart - THE PERM BOOK") has referred to the language we quoted from 20 CFR 656.17(d)(4) - and has drawn our attention to the fact that "identical" therein means "same", not "identical". This is important, and points to a way to definitely answer this issue. As defined by the rule, "identical" is NOT identical, merely "same". And DOL is bound by general APA practice on how "same" will be interpreted when defining "identical". In other words, DOL may have no choice under the law of the land but to permit 2 bites to the apple. There is, of course, more to it than that - this is not a word game. Immigration Daily will shortly publish a scholarly and exhaustive analysis of this point by Gary Endelman who, through a very different route, comes to the same conclusion - that DOL will likely permit 2 bites to the apple.

What are the practice pointers here? Well, we have two:

To sum up, don't delay, file today! Also, don't delay, order today!

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


PERM Books Hot Off The Press

ILW.COM is proud to present books on PERM, incorporating both reference material and analyses.

Fully-Indexed PERM Rule. This is a free soft-bound supplement to 20/22/28 CFR Plus, a part of Patel's Immigration Law Library. This book includes: (a) A comprehensive and easy-to-use 12 page topical index to the PERM Rule by P.J. Patel, author of Patel's Immigration Law Library; (b) 10 Key Questions on PERM by Gary Endelman; (c) The PERM World: A Temporary Answer to a Permanent Immigration Problem by David Nachman; and (d) DOL Memorandum: Technical Instructions Regarding Unprocessed Permanent Foreign Labor Certification Cases. This free soft-bound supplement is hot off the press and ready for shipment now! For more info on this essential reference resource, and to order, see here.

THE PERM BOOK - Labor Certification by Joel Stewart. This book is a detailed, in-depth, section-by-section analysis of the PERM rule by noted labor certification expert Joel Stewart, and will include additional essays by Gary Endelman and other distinguished attorneys. This book is being written for labor certification practitioners, and is not intended to decorate shelves, it will instead be a practical reference tool that we anticipate will be frequently consulted in preparing cases under the new PERM regime. Orders for this book will be shipped according to the principle first ordered, first shipped (the expected publication date is April 2005). For more info, and to order, see here.


Breaking The Spell
Diane Sandford writes "Time to test your spelling skills. Anyone reading this column for fun will probably do well."

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:


State Bar Of Texas Monthly Minutes
The State Bar Of Texas Committee on Laws Relating to Immigration and Nationality released its most recent minutes (courtesy of Paul Parsons, Chairman).

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:


Help Wanted: Immigration Paralegal
Fast-paced, nationally recognized immigration law firm in Washington, D.C., seeks highly motivated, detail-oriented individual for business immigration paralegal position. Strong organizational, writing, & interpersonal skills required. Prior business immigration experience a plus, but not required. Great oppty. for individuals interested in challenging, exciting work dealing with int'l clientele with excellent career advancement possibilities. Excellent work environment, competitive salary/benefits. Visit Send resume, salary requirements, & references to Noel Adams: No calls please.

Help Wanted: Immigration Attorney
MacDonald Hoague & Bayless seeks a full-time associate attorney for a business immigration position to join its 16 lawyer Seattle-based firm. The caseload will primarily consist of labor certifications and other immigrant visa related matters for corporate clients. Position requires excellent organizational, analytical and writing skills. Two years of prior business immigration experience required. We offer a quality work environment, excellent benefits and a tradition of legal activism. Email resume + writing sample to Tara Binge: Applications accepted until April 15, 2005.

Labor Certification Advertising/Recruitment
We can assist you with your PERM recruitment. We are a fully qualified placement agency that will provide a short term recruitment job market test for your professional clients. We provide a test of the job market for any professional position in any field. The employer or agent will pay a one time flat fee and we will recruit for the employer as part of our normal placement agency services. The employer can choose to have Placement Services USA sort and interview any qualified candidates or simply select to have all collected resumes from a particular position posting forwarded directly to the employer or agent. We will provide both a signed letter and hard copy print out from our job listings website to confirm the recruitment efforts for your files. There is no obligation or additional fee involved if the employer does not hire a Placement Services USA candidate. We can have your recruitment needs fulfilled in an easy, expeditious and courteous manner. The position can be added to our recruitment campaign and website in a matter of hours. Contact us to get started today at (ph) 310-820-7469, (fax) 310-820-7648 or (email)

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.

Labor Certification Advertising/Recruitment
Do you need to place information technology labor certification ads? If so, the IT Careers section of Computerworld, InfoWorld and Network World can help fulfill your requirements. Join hundreds of other law firms, employers and individuals that place their ads with us. We offer prompt, courteous service and will work with you to put together the most cost-effective advertising rates. The IT Careers' staff will tend to your needs from ad layout and design to immediately sending tear sheets once the ad is published. Let us help make this time-consuming task a little easier. For more information, contact Account Executive, Danielle Tetreault at 800-762-2977 or . Visit

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

For services/products of use in your law practice please click here


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

Dear Editor:
Immigration Daily's comment (3/3/05 ID) urged Congress to "legalize migration flows" in order to save social security. If, by this, you mean a "guest worker program" to legalize illegal aliens, then think again. Nothing is surer to push it under than the importation of millions more working poor and their families. The social security system as it now stands collects SS taxes as a percentage of your income. Those who earn less pay in less in absolute terms. However, it also pays out more, as a percentage of their income, to lower-income workers. It therefore will take more low-skilled workers than higher-skilled workers to support one higher income (citizen) SS recipient, and we will pay out disproportionately more to each lower skilled worker than they contribute. Then, comes the real crunch. Immigrants are not all that much younger than the US population in general. If we import millions of lower wage workers to "support" our social security system, who is going to pay their benefits? Yet millions and millions more unskilled immigrants? By all means, urge orderly and legal immigration of skilled or educated workers and their immediate families, even of unskilled workers provided employers will guarantee their support. But please, recognize that legalization or importation of large numbers of unskilled labor will only aggravate social security's problems, and the general problems we already have with paying for their education, medical care, and other social services. Particularly at a time that the President is pushing budget cuts in these very social services.

Ali Alexander

Dear Editor:
Can you please tell me what ILW.COM stands for? I assume from your webpage that the IL is for Immigration Lawyers? What is the W for?

Adrienne Scher

Editor's Note: Originally, ILW.COM stood for immigration lawyers on the web. We now like to think that it stands for immigration law website.


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

New Offices
Attorneys Jonathan D. Montag and Robert G. Nadalin are pleased to announce the formation of Montag & Nadalin LLP. The firm's offices are located at: 110 West C Street, Suite 1809, San Diego, CA 92101. Telephone: (619) 230-1420 or (619) 234-8875.

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Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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