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Immigration Daily


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Immigration Daily March 21, 2005
Previous Issues
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Stewart, Patrick, Endelman

A trio of acknowledged experts will share their wisdom and experience in "Filing PERM Cases For Advanced Practitioners" - a 3-part telephonic seminar.

  • March 23rd - Gary Endelman critiques substantive issues in the PERM rule. Mr. Endelman has been the most prolific writer on PERM since it was published.
  • April 14th - Joel Stewart critiques the dreaded audit issues associated with PERM. Mr. Stewart is editor and author of the forthcoming "Labor Certification by Joel Stewart - THE PERM BOOK"
  • May 5th - Michael Patrick critiques litigation issues (Gasp!) in the wake of PERM. Prior to joining Fragomen, Del Rey, Bernsen & Loewy as a partner in 1990, Mr. Patrick served as Chief of the Immigration Unit of the US Attorney's Office for the Southern District of New York, where he represented the INS, State Department, Department of Labor and other federal agencies in the federal courts.

This seminar will be an interactive, provocative, and in-depth look at the PERM rule, intended for experienced labor-certification practitioners. The deadline to register is Monday, March 21st. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:

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


Deadline For PERM Seminar Is Monday, March 21st!

Monday, March 21st is the deadline to sign up for "Filing PERM Cases For Advanced Practitioners". The detailed curriculum is as follows:

FIRST Phone Session on March 23rd:

Late-breaking developments

Substantive Issues

  • A matter of definition - "employer" and "employment"
  • Chintakuntla conflicts
  • The 10 additional recruitment steps considered
  • Actual minimum requirments at 656.17(i)(2)
  • Kellogg vs. Delitizer
  • Layoffs!
  • Good news on Proof of Publication
  • Non-clinical care nurses
  • 2 bites to the apple?
Comments by guest expert

Form 9089 - Box by Box

  • Section A: Refiling Instructions
  • Section B: Schedule A or Sheepherder Information
  • Section C: Employer Information
  • Section D: Employer Contact Information
  • Section E: Agent or Attorney Information
  • Section F: Prevailing Wage Information
  • Section G: Wage Offer Information

SECOND Phone Session on April 14th:

Late-breaking developments

Audit Issues

  • 3 paths but approval
  • Watch out for "special circumstances"
  • Database/statistical profiles
  • Incomplete applications will be denied! What does this mean? Hint: Much more than you think!
  • Documents - yours vs. theirs (Bonus: can an audit live-in?)
  • "Able, willing, qualified and available"
Comments by guest expert

Form 9089 - Box by Box

  • Section H: Job Opportunity Information
  • Section I: Recruitment Information
  • Section J: Alien Information

THIRD Phone Session on May 5th:

Late-breaking developments

BALCA & Your Day In Court

  • "Killing tanks is fun and easy" - United States Marines!
  • Prevailing Wage and 4 skill levels
  • Evidentiary issues in the PERM rule
  • Plain language vs. statutory intent a.k.a. individualized vs. statistical
  • Burden of Proof vs. Burden of Production - section 291
  • Litigation considerations
Comments by guest expert

Form 9089 - Box by Box

  • Section K: Alien Work Experience
  • Section L: Alien Declaration
  • Section M: Declaration of Preparer
  • Section N: Employer Declaration
  • Section O: U.S. Government Agency Use Only
  • Section P: OMB Information
  • Section Q: Privacy Statement Information
The deadline to register is Monday, March 21st. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Increasing The Efficiency And Fairness Of Immigration Removal Proceedings: Why Congress Should Expand The Legal Orientation Program
Andrew I. Schoenholtz, J.D., Ph.D. writes "The Legal Orientation Program helps everyone involved in the removal system by ensuring that detained noncitizens understand whether they may have a right to remain in the US."

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:


White House Briefing Reiterates President Bush's Immigration Reform
During a White House press briefing, White House Spokesman McClellan responded to a question on Mexico saying, "And the President believes the [guestworker] plan that he put forward addresses that problem, addresses an economic need, and we will make sure that people who are coming here illegally are treated in a more humane way, because they'll now become part of a temporary program and be here legally."

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 Attorney
Nationally recognized Washington D.C. immigration firm seeks an outstanding, experienced immigration attorney who thrives on and has extensive experience successfully handling various types of immigration cases, from corporate to deportation and much of what is in between, to grow with our firm in a congenial, fast-paced and supportive environment with thirty + immigration professionals, all strongly committed to legal excellence and the highest level of client service. Please e-mail your statement of interest describing your immigration experience, professional goals, salary requirements, and a writing sample to Michael Maggio: To learn about us, visit No calls please.

Help Wanted: Immigration Attorney
Dunbar, Harder & Benson, LLP, an immigration law firm, located in the Galleria area of Houston, Texas has an immediate opportunity for an experienced immigration attorney. Experience must include business immigration cases in NIV and IV matters including labor certifications, all nonimmigrant categories, adjustment of status, consular processing, NIW, extraordinary ability, multi-national and researcher petitions as well as family-based & naturalization. Must have in-depth knowledge of law & procedure, excellent writing, communication and organizational skills. Salary commensurate with experience. Please email resume, writing sample and salary requirements to Bonnie Lampton:

Immigration Law Conference
The Midwest Legal Immigration Project presents its 6th Annual Basic Immigration Law Training, an intensive 1-week seminar, May 16-20, 2005 in Des Moines, Iowa. Seminar covers: family immigration, deportation, asylum, relief from removal, employment, immigration benefits (registry, family unity, NACARA, VAWA, and temporary protected status), fiancee visas, consular visa processing, immigration court representation, preparation of waivers, criminal convictions, obtaining and posting bond, mandatory detention, and working with Congressional offices. Ideal for both non-profit personnel & for-profit private attorneys. Provides skills and know-how to begin a basic immigration legal practice and serve immigrant clientele with confidence on both law + procedure. Seminar will assist private attorneys in starting niche practice in high-growth areas. Attorneys dabbling in immigration law can increase both knowledge and range of competence for their immigrant clients. Tuition cost: private attorneys =$1,500; non-profit personnel= $1,000. 37 immigration CLE credits + 2.75 ethics CLE credits approved. For more info. or to register, call (515)-271-5730, email; or visit

Help Wanted: Immigration Paralegal
As one of the largest nonprofit hospitals in the western US, Cedars-Sinai has combined expertise, technology, research and caring to create the gold standard of excellence in health care. We currently seek an experienced HR professional to assume the role of academic services specialist responsible primarily for immigration, visa and licensure services for the academic community and the institution. Ensure compliance with state and federal regulatory stds related to immigration/visa services. Ensure appropriate processes in Medical Board of California licensure standards. Acts as resource for faculty, academic staff, and employees with matters related to immigration/visa services. Provide assistance in faculty recruitment and contracting, EEO reporting and other systems and processes that may be assigned. Requirements: College education or the equivalent in experience; Paralegal certification preferred but not required; Progressive background and experience in full range of immigration and visa services necessary; Knowledge of Medical Board of California licensure processes. Include Job# EW-ILW/1041009 when submitting cover letter + resume to Nancy Ishioka: Position is based in Los Angeles, CA. Cedars-Sinai welcomes and encourages diversity in the workplace. AA/EOE.

Labor Certification Advertising/Recruitment
We are a private employment firm for PERM recruitment. We are a fully qualified placement agency that will provide private employment firm services for PERM recruitment for professionals. 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 - all of our services above apply only to our private employment firm services. There is no obligation or additional fee involved if the employer does not hire a Placement Services USA candidate. We can have your private employment firm needs fulfilled in an easy, expeditious and courteous manner. The position can be added to our private employment firm 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)

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

Credential Evaluation And Translation Service
Looking for a trusted foreign credential evaluation and translation service? New customers to AETS will receive a one-time 50% discount on their first educational evaluation request. (*Please mention promotion code: AETS.ILW.50 to receive the one-time discount.) For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit the website at, or send AETS an email:

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

Dear Editor:
The old I-129W is now part of the new I-129 Form (H-1B data collection and filing fee exemption supplement) (3/18/05 ID).


Dear Editor:
Thank you for running the R.L. Ranger letter (3/18/05 ID). However, in your exuberance to edit my remarks, the following phrase appears twice. "While the generosity of Americans including their entry policies exceeds that of any nation, there must be strict limits as others now take advantage of liberal policies, some of them terrorists and radicals." As this makes us both look bad, I am hopeful that a correction will be made. As there was room to include this error, one wonders about the need for excessive editing.

R.L. Ranger

Editor's Note: The error has been corrected.

Dear Editor:
The world will be "borderless" and closer to level playing field by the globalization. Capital will move in a blink of the eye to anywhere that gives the highest return. Jobs will move anywhere who will give the highest productivity and quality for less. Global consumers will spend their money for best deals for less. You have the money you have the right to decide with your money. I always buy highest quality, made in whereever products and services for the least. I use nothing else but common sense and value for money while shopping. Being American is not enough to deserve the best jobs and living standards on this planet. People with the best skills, merits, expertise and knowledge deserve them regardless of the citizenships and physical locations in this planet. California can't blame Nevada for stealing businesses and jobs from her due to Nevada friendlier business and tax policies and lower costs. Competition happen anywhere. We don't like it but we must grow up and deal with it. Survival of the fittest, complaining and whining about immigration and job outsourcing won't help you win and grow up, empower yourselves and be ready to survive and win. It's the reality of 21st century and forward.



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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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