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Immigration Daily

The leading
immigration law
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Immigration LLC.

Immigration Daily April 7, 2005
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Structure Of Immigration Daily

Immigration Daily subscribers may find the following explanation of the sections that make up Immigration Daily useful:

  • Comment - editorial comment (reflects solely the opinion of ILW.COM and does not reflect opinion of ILW.COM advisory board or anyone else)
  • Focus - information on ILW.COM products and services
  • Article - primarily covers cutting edge topics in immigration law and policy, also features marketing, technology, law practice management, and other articles of interest to the immigration law community (readers are encouraged to submit articles for consideration, send to
  • News - primary source news from the executive, legislative, and judicial branches (increased standards have reduced the size of this section over the last few years)
  • Classifieds - help wanteds and other ads (to advertise in Immigration Daily, see here).
  • comingsNgoings - newest section for professional announcements at no charge (to share your announcement, send to
  • Letters - letters received from Immigration Daily readers (the opinions in the letters reflect letter writer only and not ILW.COM or anyone else).
We welcome readers to share their opinion and ideas with us by writing to



"Labor Certification by Joel Stewart - THE PERM BOOK" consists of four parts:

  1. A detailed section-by-section interpretation of the PERM rule by Joel Stewart and his lengthy commentary on the rule
  2. A "How To" section with Joel Stewart's tips on filling out Form 9089
  3. Articles by many noted practitioners on specific topics arising from the PERM rule
  4. Useful resource material including: The PERM rule, key Department of Labor contact information and jurisdiction, Full SOC Definitions for occupations surveyed by OES in SOC code order, and DOL memos on Prevailing Wage.
A few examples of issues discussed:
  • What is SVP? As per 69 FR 77332, ETA plans to utilize the guidance provided in the administrative directive Field Memorandum No. 48-94 for this purpose. The entire description of SVP in FM 48-94 is reproduced and analyzed in THE PERM BOOK.
  • What employer surveys are acceptable? As per 69 FR 77368, as long as the employer-provided survey meets the criteria outlined in 656.40(g) of the regulations, or that were described in section J of GAL 2-98 or other guidance issued by ETA, the survey should be accepted by the SWA." Section J of GAL 2-98 is different from 656.40(g). This section is reproduced and analyzed in THE PERM BOOK.
  • What are lawful job-related reasons for rejecting U.S. workers? Many of these are specified in the Fair Labor Standards Act of 1938 as amended. Find these quoted and commented on in THE PERM BOOK.
  • Whats an occupation? The DOT is now history; it has been replaced by the O*NETSOC definitions for occupations surveyed by the OES. Find the entire 100+ page descriptions of occupations with illustrative examples in THE PERM BOOK.

At over 500 pages, this is an essential reference tool for serious labor certification practitioners. Orders for this book will be shipped according to the principle first ordered, first shipped (expected publication April 05). For more info, and to order, see here.


Chintakuntla's Revenge: Can Education And Experience Co-exist Under PERM?
Gary Endelman writes "The DOL and legacy INS could never get together on a common approach to education and experience for labor certification. PERM continues this confusion."

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:


DOS On New Passport Initiative
The Department of State issued a briefing on the Western Hemisphere Travel Initiative, a plan to require US citizens and foreign nationals to present a passport or other appropriate security identity and citizen document when entering the US.

EOIR Issues Latest Disciplinary Actions
The Executive Office for Immigration Review released its latest disciplinary action: 3 attorneys were immediately suspended; 3 received final orders.

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
The Law Office of Judith G. Cooper, P.C. has an immediate opening in Houston, TX for an Immigration Attorney. Minimum 5 years immigration law experience required. Candidate must have experience in all aspects of employment-based immigrant and non-immigrant law. Ideal applicant posesses excellent writing skills, has case management experience, and is client service oriented. Salary commensurate with experience. E-mail resume to Administrator at

Help Wanted: Immigration Paralegal
Lane Powell PC, a general business and litigation firm with 170+ lawyers in five offices, seeks a highly motivated, detail-oriented individual for immigration paralegal position in its Seattle office, focusing on business immigration. Strong organizational, writing & interpersonal skills and 3 years business immigration experience are required. Experience with INSZoom is a plus. Excellent work environment, competitive salary and benefits. Send resume, salary requirements, & references to Carol Van Buren at No calls please.

Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal for its Washington D.C. office. FDBL offers a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate has 2-5 years experience with all aspects of business immigration and will have the benefit of attorney supervision and guidance. Responsibilities include: preparation of all types of IV petitions, labor certifications (RIR, traditional and PERM), AOS and consular processing applications, and preparation of all types NIV petitions (particularly Hs, Ls, TNs, and Os). Paralegal will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. FDBL offers a comprehensive compensation package. Fax resume + cover letter to Allison Bettridge, Human Resources/Office Manager, at 202-371-2898. For more information, contact Ms. Bettridge at 202-223-5515. FDBL is an equal opportunity employer.

Labor Certification Advertising/Recruitment
Computerworld can continue to assist you with your Labor Certification recruitment advertising needs. Place your 2nd recruitment ad in Computerworld's IT Careers section, the #1 place for all of your IT immigration advertising. We offer prompt, courteous service and have the most competitive advertising rates, most times even lower than your market newspapers. Our staff will tend to your needs from ad layout and design to immediately sending tear sheets once the ad is published. Our deadlines are the Thursday prior to the Monday issue date. You can also rely on us to help you fulfill your additional recruitment steps for professional IT positions. We offer 30-day online job postings on that reach highly specialized IT professionals, while offering you the most competitive job posting rates. Don't delay, call us today to place your IT recruitment labor certification ad and job posting! For more information, please call 800-762-2977 or email us at

Help Wanted: Immigration Attorneys
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, is seeking attorneys with a minimum of three years of business immigration experience for our San Francisco Office. Our attorneys work in a fast-paced, high volume practice and utilize carefully developed procedures, advanced practice tools, and a state-of-the-art case management system. Experience in a range of business immigration matters, the ability to provide exceptional client service, experience managing legal assistants, and superb analytical, organizational and case management skills are expected. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Please submit your resume via email to or by fax to 415-217-4426.

Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 5+ yrs. of exp. with business immigration applications, nonimmigrant and immigrant. Experienced with other application types (family, naturalization, etc.. is a plus). Ideal candidate must have BA degree, excellent organizational, case management and computer skills. Must have excellent English and Spanish verbal and written skills. Should have fully developed paralegal skills in this area including ability and desire to serve as a resource/trainer to junior paralegals. Working hrs 9-6pm or 9:30-6:30pm with 1 hr. lunch and overtime as needed. Competitive compensation package offered. Email cover letter + resume to Marcia Needleman:

Credential Evaluation And Translation Service
Here are (5) reasons why you should consider a switch to a new foreign credential evaluation company: (1) Free initial consultations: unlike our competitors, if your client's documentation does not equate to a Bachelor's degree, we will let you know immediately and for no charge. (2) Immediate response: You'll receive an instant e-mail alert when we receive your documentation, ensuring that cases don't fall through the cracks like they do at "other" credential evaluation companies. (3) Same-day service: In a hurry? If you need your client's evaluation back in one day, we will gladly deliver. (4) Certified translations: we provide certified translations in 100+ languages. (5) PhD professors: our work experience and 'expert opinion' position evaluations are completed by PhD university professors with authority to grant college-level credit for training and/or work experience. For a credential evaluation and translation services application, contact AETS at (786) 276-8190 or or visit

Immigration Law Conference
The Center for Migration Studies and Fordham Law School are pleased to present the 28th National Legal Conference on Immigration and Refugee Policy. Conducted in collaboration with Catholic Legal Immigration Network, it will take place April 25th-26th in NYC. Sessions will include: (1) using technology to improve both service and security; (2) impact that security checks and backlogs have had on assorted industries (3)impact on civil rights and liberties for immigrants post-9/11 (4) human rights and asylum developments (5) emerging issues in employment-based immigration (6) workplace enforcement issues and (7) prospects for immigration reform. Sponsors will also conduct two special alternative programs: (1) what groups are doing now to advocate and prepare for immigration reform (2) implementation of PERM. The conference will feature a panel of distinguished speakers. For conference program details, including speakers, see To register, see: Up to 11.5 professional practice CLE credits available for non-transitional CLE Program. Visit to learn more about CLE credit and obtaining financial hardship relief.

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

Send Your Announcement To Immigration Daily
You can announce professional news concerning your firm for free in the ComingsNGoings section in Immigration Daily. Share your news with over 15,000 subscribers! Send to:


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

Dear Editor:
The same reason Kihoromk's letter (04/05/05 ID) indicates that he wants his wife to visit him is precisely the reason that she can't get a visa and why Congress is unlikely to change the law: since they're married, she's likely to stay here in violation of the visitor's visa. Nor is this a case of immigration "breaking up" families, since this family wasn't formed until after Kihoromk got green card status. Any breaking up was by Kihoromk's own choice. The obvious solution to his problem: plan on visiting his wife, rather than her coming here.

Ali Alexander

Dear Editor:
With respect to Lou Dobb's show, CNN doesn't need a H1B foreign worker to hire someone to perform immigrants bashing and flaming xenophobia show to its viewers, without giving a fair and real solution to US and global inequality issues and addressing that Americans are subject to globalization and competition. Many Americans can do the job much better for less than Lou Dobbs. Free trade, free market and open competition are the answers and the reality everybody must face and deal with. Let the global consumers decide the best deals for them, let the market revalue the real value of all global currencies. Immigrants bashing and xenophobic talk shows won't help Americans to wake up and get prepared to do their best to be competitive and innovative in this 21st century and forward.

Richard Sugiharto

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