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Immigration Daily April 11, 2005
Previous Issues
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PERM - Audit Issues

Audit issues are the major contributor to attorney anxiety concerning PERM. Some key questions that come up in the PERM audit context are:

  • What portion of PERM cases will be audited? How will the percentage of cases audited compare with the percentages of cases denied, approved, and sent to supervised recruitment?
  • What will trigger PERM audits? Will DOL succeed in keeping PERM audit criteria secret from the bar?
  • How does the methodology for selection of targets for PERM audits compare with other kind of government audits? Is there a technological/software component to selection for audits that attorneys can glean patterns from?
  • How can one handle situations (ethically and lawfully) where there may be a conflict between filling out the 9089 form in a manner that will generate a quick approval versus providing information that may lead to audits (or worse)?
  • What are the procedural rights of employers during an audit? How does one prevent DOL from getting into a fishing expedition?
  • What will follow most audits - denials, supervised recruitment, approval - or something else entirely? How does one handle the fall-out of an audit?
These questions will be discussed (and answered!) in the Audit Issues Session of "Filing PERM Cases For Advanced Practitioners". The deadline to register is Tuesday, April 12th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version: Don't delay, register today!

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


Deadline Is Tuesday, April 12th

The curriculum for the Audit Issues session of "Filing PERM Cases For Advanced Practitioners" is as follows:

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 E: Agent or Attorney Information
  • Section F: Prevailing Wage Information
  • Section G: Wage Offer Information
  • Section H: Job Opportunity Information
  • Section I: Recruitment Information
  • Section J: Alien Information
The deadline to register is Tuesday, April 12th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version: Don't delay, register today!


REAL ID Act Makes It Easy To Deny Asylum To Those In Need
Kim Salinas writes "The last day I saw Edgar was in a U.S. immigration court. Sixteen years old, he was begging a judge to not send him back to a country where he would be killed."

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:


CRS Report On US-Mexico Immigration Issues
The Congressional Research Service issued a report on Mexico-US dialogue on migration and border issues from 2001 to present.

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Help Wanted: Immigration Attorney
Merrill R. Cohen & Associates, PC, a small, busy business and immigration law firm, has an immediate opening in New York, NY for an immigration attorney. We have a broad client base, including research hospitals, a wide variety of businesses, as well as internationally acclaimed artists, actors, musicians, and designers. Friendly work environment with lots of client contact. Position requires excellent writing, interpersonal, case management and business skills. Minimum of 3 years immigration law experience required. Full time preferred; will consider part-time. Salary D.O.E. Please fax cover letter and resume to Morgan Bailey at (212) 818-0625, or email her at

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.

Case Management Technology
With Immigration Case Management Tools from INSZoom, you can rest assured that you are working with the most secure, simple and strategic software and support services. This state-of-the art product helps US Immigration Law Firms to build efficiency, accuracy and transparency in their immigration operations through a single comprehensive software. Besides 600+ Forms and Case Management, many advanced functionalities like Online Questionnaires, eFiling, eTracking, Knowledgebase, Group Calendaring, Accounting, Prospect Management, Document Expiration Ticklers & Management Reports, etc. are part of this one all-encompassing tool. Your clients may update their profile information, check case status, manage compliancy, and generate numerous reports..all via a secure online system. INSZoom's superior technology is backed by a friendly, responsive and multi-lingual training & customer support team; which will modulate the training program and handhold your team members to maximize the benefits from INSZoom. We will ensure that our technology works for youeverytime. INSZoom is available in 2 versions: Install in your own office or host on INSZoom secure servers. Contact us for a free guided tour today at 925-244-0600 or

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:

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.

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Dear Editor:
I'm afraid Robert R. Gard, Esq. in his letter (04/07/05ID) has misquoted the law and regulations with respect to his legal analysis of permanent resident Kihoromk's sad plight (04/05/05 ID) with regard to not being able to have his foreign wife come to the US to be with him, wherein Mr. Gard's letter states, " . . . once he has filed his I-130, he may want to consider an application for a "K-3" visa on the I-129F form." The "K-3" visa is for use only by a spouse of a USC, for whom an immediate relative petition, I-130, has been filed in the US. It is not available to spouses of permanent residents, because they are not immediate relatives, they are family based preference 2, and no immigrant visa is immediately available to them. It was the now defunct "V" visa, a part of the family unity provisions of the LIFE Act, that allowed spouses of certain qualifying permanent residents entry into the USA to await adjustment, not the "K-3", as Mr. Gard's letter suggests. To obtain "K-3" classification, the applicant must demonstrate: (1) that his or her marriage to a USC is valid; (2) he or she is the beneficiary of a spousal immediate relative immigrant visa petition (I-130); (3) he or she is the beneficiary of an approved nonimmigrant visa petition; (4) and that he or she wishes to enter the US to await the approval of the I-130 petition, or the availability of an immigrant visa. Of course, with the quick processing times for immediate relative I-130's we are now experiencing under the new and efficient CIS Service Centers, and the slow processing times of the "K-3", the advantage of a "K-3" visa today is usually of little use.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I don't argue that Kihoromk's wife is eligible for permanent residency, nor do I deny that LPRs should able to marry anyone they wish (4/05/05 ID). The question is, if an LPR marries someone after they have achieved that status, why is it incumbent on the US to accept the spouse for immediate immigration and green card status? Even foreigners who marry US citizens receive conditional green cards if they've been married less than 2 years, largely, I assume, because of widespread marriage fraud to obtain immigration benefits. But, we're supposed to assume that an LPR who marries after he's obtained his green card is above such fraud and give his wife an immediate green card? As for "sloppy bureaucrats", well, they have a lot of help in the problem, including record legal immigration, as well as Congress's attempt to pander to various interests with temporary programs intended to benefit illegal aliens or other groups. Then, we have a President proposing a "guest worker" program for who knows how many illegal aliens. Add this to an obsolete and underfunded system which hasn't the manpower, the technology, or the money to do the job they're asked to do, and yes, you get mistakes. Start making even more exceptions to the immigration laws, such as accommodating people in Kihoromk's wife's situation, and see the system get even more messed up. I agree that the system needs reform badly, but the starting place should be by reducing the number of applicants in the system.

Ali Alexander

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