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Immigration Daily April 15, 2005
Previous Issues
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Comment

New PERM FAQs

The DOL released its second PERM FAQs dated April 7, 2005. Given the tremendous number of questions DOL needs to answer on the PERM rule, the PERM form, and PERM filings, the DOL may need to publish these FAQs on a frequent basis. For those that missed the first FAQs, see here.

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


Focus

Articles In THE PERM BOOK

Many contributing writers' articles appear in Part 3 of THE PERM BOOK by Joel Stewart. The noted practioners who have contributed material include Roxana C. Bacon, Ramon Carrion, Gary Endelman, Howard L. Kushner, Nancy M. Lawrence, Lori S. Melton, Joan Mathieu, Nancy Jo Merritt, Sherry Neal, Michael E. Piston, Edwin R. Rubin, Carl Shusterman, Timothy M. Spridgeon, Richard J. Tasoff, Alison Walters, Nathan A. Waxman, Christopher A. Wilburn and Leon Wildes.

This book features hundreds of pages of analysis and hundreds of pages of critical resource material and 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.


Article

Rhetorical Comments
Diane Sandford writes "How can literary style be equated with morals or character?"


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: http://www.ilw.com/seminars/

News

DOL Releases Second Set Of PERM FAQs
The Employment and Training Administration of the DOL issued its second set of PERM FAQs dated April 7, 2005.

CRS Report On Consular ID Cards
The Congressional Research Service issued a report on implications of the Vienna Convention on Consular Relations upon the regulation of consular identification cards.


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Classifieds

Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity in our dynamic team in the Law and Corporate Affairs Department in Redmond, Washington. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your response in Word format to resume@microsoft.com. Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.

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.

Offshore Services For Law Firms
We assist immigration attorneys in NIV and IVs, including checklists, form completion, draft cover & employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. We offer a full range of services including document generation, accounts, clerical & archival. Quantum Technologies is a sister company to Adnet Advertising Agency, the leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms. Law firms can cost effectively and securely outsource law firm processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as virtual extensions of your offices providing 24 x 7 support and significant cost savings. Convenient billing options available. For more info. contact Johaina Mumtaz at Johaina@quantum-usa.com or call 212 406 3503 ext 224.

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.

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.
For information on advertising in the classifieds please click here

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


comingsNgoings

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

New Offices
Jon Eric Garde & Associates is pleased to open in May 2005 two satellite branches in Mesquite and Pahrump, NV. These offices will be known as Garde & Velasquez, representing partners Jon Eric Garde and Rolando Rex Velasquez. The Mesquite branch will be located at 61 N Willow St. (inside Virgin Valley Family Services) and the other in Pahrump will be at 121 S Frontage Road. Both branches may be reached at 1-888-702-VISA (8472). The firm continues to provide immigration services at its main office at 6375 S Pecos Road, Las Vegas, with telephone no. (702) 898-9540.


Letters

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

Dear Editor:
We filed three the first day, denied several days later (see 04/14/05 ID coment). Tested it again a few days ago, filed another, denied the next day. I am furious. The online system doesn't even tell you why it's denied. You have to wait to see it from the written denial they say you will receive in the mail in 2 weeks! If there is a glitch, they should shut down the system until they fix it. Some attys I have talked to think that paper filing is the way to go, but there are a few problems with that idea. First, all the DOL is going to do is have some clerk input the info from our PERM form in the DOL electronic system in the same fields as are on the efiling application. If efiled applications are denied, then paper ones will probably have the same fate. Also, as the DOL told AILA in a liason meeting in March, paper applications are not subject to the same processing, so the DOL could take much longer than 45 days. I am surprised that I haven't heard more of an uproar about this. I have filed hundreds of labor certs over the years under all the systems and never gotten a denial. Now all these denials.

Caroly Pedersen, Esq.
Law Firm Caroly Pedersen, P.A.

Dear Editor:
So what will the McCain Kennedy bill contain? (regarding 04/13/05 ID comment).

Judith Sporn

Dear Editor:
It looks like my office spam filter blocked Immigration Daily and I am no longer receiving ILW.COM's newsletters, can you please resubscribe me?

Sharvari Dalal-Dheini

Editor's Note: We never removed you from our subscription list. If your spam filter is blocking us, you need to fix your spam filter.

Dear Editor:
I write to clarify for the public record a point of ethics. I am concerned not only with propriety itself, but the appearance of propriety. The USCIS Chief Ethics Officer has approved this letter. Please publish this in your next Immigration Daily.

I have written Immigration Practice since 1994 and practiced immigration law in private law firms since 1986. In July 2004 I was appointed to my current position in USCIS. Before agreeing to the appointment, the DHS Ethics Officer and I had careful discussions about the matter of my book. The decision was that, in order to comply with the rigorous rules of government ethics, I may not work on further editions of the book that will be published while I occupy my position as Chief Counsel of USCIS, but I am not prohibited from receiving royalties. The idea is for me not to use my public office for private gain, but not to be punished for taking public office by being cut off from the benefits of work I have already done before taking office. As for the marketing of the book, the DHS Ethics Officer specifically approved use of the following language wherever my public office is mentioned: "This book and this edition were written prior to his appointment, in his private capacity as an immigration lawyer, and the book does not in any way constitute an official statement of the law or policy or otherwise reflect the views of USCIS or DHS." (Let's call this the "DHS Ethics Disclaimer.") I informed Juris Publishing of this, and Juris has to my knowledge faithfully complied in all marketing of the book.

Long before I was contacted by the government about the possibility of an appointment, Juris and ILW.COM had begun discussions about a possible arrangement for co-marketing of my book. As soon as I learned, a few months ago, that these discussions may be coming to fruition, I informed ILW.COM of the need to comply with the DHS Ethics Disclaimer quoted above, and ILW.COM agreed to comply. I was not aware that the arrangement had been finalized until someone directed my attention to ILW's April 12 edition of the Immigration Daily. The first item in that issue gave notice that ILW.COM is now selling the book I have authored. That notice mentioned my current position as "principal legal advisor to USCIS." It then stated, "To learn more and/or to order your copy, see here." The "see here" contained a link to your web page at http://www.ilw.com/books/immigrationpractice.shtm on which you provide further information about the book and the author. In the "About the Author" section on that page, you quote the DHS Ethics Disclaimer verbatim. Nevertheless, within 3 minutes of seeing the notice, on the afternoon of April 12, I sent you the following email:

"I saw at http://www.ilw.com/immigrationdaily/digest/2005,0412.shtm that you must have made a deal with Juris. Looks great! Two things: (1) My title is Chief Counsel of USCIS. (2) In that regard, one somewhat anal request: I'm wary of allegations of using public office for private gain. Therefore, I ask that in future, on the SAME PAGE where you mention my current position you include the disclaimer about it being my personal work, etc."
You immediately replied with the following, in pertinent part:
"We took the material describing the book and your bio from the Juris website. We summarized that information (at http://www.ilw.com/books/ImmigrationPractice.shtm) for today's Comment. Of course, your wish on this is our command - we will henceforth ensure that ANY TIME we mention your current position, we will include the personal work disclaimer on the SAME PAGE. We want to do the right thing - both from the point of view of the law, and also from the point of view of good taste. So, any corrections to what we get wrong are always welcome."
I thank you for clarifying the record. Complying with government ethics is important to all of us, and I appreciate your eagerness in this regard.

Robert C. Divine


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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