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Immigration Daily April 14, 2005
Previous Issues
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Comment

PERM Approvals?

PERM became effective on March 28, 2005. According to anecdotal evidence, denials have been forthcoming, albeit some of them appear to be due to technical glitches. This isn't surprising because inherent flaws exist in the electronic version of Form ETA 9089 which bias the process against approvals. For example, Section K of Form 9089 says "list all jobs has held during the past 3 years. Also list any other experience that qualifies the alien for the job opprotunity for which the employer is seeking certification". What if the alien had 4 jobs in the last 3 years and/or if the qualified job experience was work performed more than 3 jobs ago? Form 9089 currently has no room for such situations. We believe that there could be at least a dozen such unpleasant surprises on the electronic verision of Form 9089, all of which cumulatively increase the chance of denials. In fact, while denials appear to be happening, Immigration Daily has yet to hear of a single approved labor certification under PERM. If anyone has received an approved labor cert, please share the good news with Immigration Daily. An approved labor cert under PERM will encourage others in the immigration bar that PERM does work.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

The PERM Workshop In Salt Lake City

ILW.COM is pleased to announce The PERM Workshop.

This is an all-day (June 22, 2005 - 9 am to 5 pm) comprehensive workshop covering every major aspect of the PERM rule and its impact on labor certification practices. It is intended for advanced practitioners--familiarity with the PERM rule and labor certification process will be assumed.

The seating is limited to the first 50 registrants to give participants ample opportunity to have their critical questions answered. THE PERM BOOK: Labor Certification by Joel Stewart will be the materials for this workshop. If you have already purchased it, you are eligible for a $500 discount on the price of the workshop. For more information on the PERM Workshop and to register, see here.


Article

Additional 20,000 H-1B Numbers For FY-2005 - Should Aliens Apply For FY-2006 Instead?
Alan Lee, Esq. writes "The numbers were supposed to have been released on March 8, 2005, but we are now in the second week of April, and no one knows exactly what is happening."


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News

CRS Report On Border Surveillance
The Congressional Research Service issued a report examining the strengths and limitations of deploying UAVs along the borders and related issues for Congress.


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Classifieds

Help Wanted: Immigration Paralegal
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. seeks an immigration paralegal for its Washington, DC office. Position requires a BA and 1-2 years of business immigration experience, including preparation of nonimmigrant petitions, labor certifications and immigrant petitions. Must have strong writing skills. Foreign language a plus, but not required. Qualified applicants should send cover letter, resume + writing sample to Betsy Taylor, Office Administrator by fax (202) 220-2235 or email at: btaylor@bakerdonelson.com. No phone calls please. EOE/M/F/H/D/V.

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 mbailey@cohenlawfirm.com.

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 CCooper@immigration-visas.com.

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 vanburenc@lanepowell.com. No calls please.

Credential Evaluation Service
Are you receiving poor customer service with your current credential evaluation service? Do you have a question regarding a foreign diploma? Do you need a work experience or 'expert opinion' position evaluation? The staff of AETS prides itself on courteous service and expertise in the field of foreign credential evaluations. To learn more, contact us at 786-276-8190, visit http://www.aetsinternational.com, or email info@aetsinternational.com.

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.

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 careers@usabal.com or by fax to 415-217-4426.

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 http://www.cmsny.org/announcement.htm#CONFERENCE%20PROGRAM. To register, see: http://www.cmsny.org/registration-form.htm. Up to 11.5 professional practice CLE credits available for non-transitional CLE Program. Visit http://law.fordham.edu/cle.htm 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.
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comingsNgoings

Readers can share their professional announcements (100-words or less at no charge), email: editor@ilw.com.

New Associate
Larrabee & Zimmerman LLP is pleased to announce that Brian McGloin has joined the firm as an Associate Attorney. Mr. McGloin's practice focuses on employment-based immigration. He received his Juris Doctor from California Western School of Law and his Master of Pacific International Affairs from the University of California, San Diego. Mr. McGloin previously served as legal extern to the United States District Court in San Diego, the Immigration Court, and the General Counsel's Office of the Legacy INS.


Letters

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

Dear Editor:
It will be a nuisance for those who are already peace loving immigrants (see 4/13/05 ID comment). The basic purpose of the REAL ID proposal introduced is National Security. It remains as a myth. Is there any gaurantee that the National Security is not jeopardized by those who have acquired the Real ID? It all depends on an individual's mind whether one is identified by one's ID or not. Being a true citizen of the Country itself is a biggest ID. It starts and ends with the individual.

S. Ram

Dear Editor:
While I believe that spouses and minor children of LPRs should be allowed to obtain immediate relative benefits without the long waits they must incur, I do disagree with Mr. Sugiharto letter's assertions on a few points (see 4/13/05 ID). First, these benefits should be limited to those spouses of LPRs who were married before LPR status was obtained. Otherwise, there is no doubt that we will see cases of fraud rise exponentially. Second, I am somewhat confounded by Mr. Sugiharto's statement regarding "excellent credit scores." Credit scores do not reflect whether one abuses or simply uses government assistance. Credit scores do reflect a bankruptcy; however, since as many as 50% of all personal bankruptcies are incurred because of enormous medical expenses, I think it would be extremely unfair to penalize those who have suffered from catastrophic illnesses or even job lay-offs. Not everyone who utilizes government assistance is guilty of fraud. Most people who use government assistance actually need it, sometimes because they have lost a job, a spouse, or other financial support. Moreover, credit scores are rife with mistakes and outright false information. Anyone who has tried contacting the various credit bureaus to correct any deficiencies can surely attest to how hard it is to remove or rectify this information. Mr. Sugiharto's letter suggests that LPRsshould be able to provide health insurance coverage and enough money to support themselves without using government assistance. In a country where many of its own citizens are uninsured or underinsured, it would be very difficult for many LPRs to obtain health insurance coverage. It seems that Mr. Sugiharto's suggestions are a bit too draconian and do not take into account the hurdles (illnesses, job loss, etc.) that life sometimes has in store for us, US citizens and LPRs alike.

Alessandra B. Hall
Paralegal


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 editor@ilw.com. 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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