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Immigration Daily

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Immigration Daily April 27, 2005
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Statistics And PERM

20 CFR 656.24(b)(3) states:

"...In making [the labor certification] determination, the Certifying Officer considers such things as: labor market information, the special circumstances of the industry, organization, and/or occupation ..."
Although the DOL has not provided specifics on the methodology used in making its labor certifcation determinations, case law dictates that to the extent statistics (e.g. unemployment rate for industries and/or occupations) will be used to detemine specific cases, the DOL's action will be ultra vires. For more information on this, see Gary Endelman's article, "The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM". If anybody has gotten a PERM approval as of this writing, they are keeping it very quiet. Only time will tell. Read Immigration Daily to remain informed on the latest PERM developments.

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Litigation And PERM

As is increasingly becoming clear, attorneys will need to seriously consider federal court litigation in some PERM cases. Under the PERM denial regime, visits to BALCA, too, will likely become more frequent. While some attorneys take a wait-and-see attitude, the field is open to those who are willing to pit their knowledge of law and their clients' due process rights against the DOL. Taking an ostrich approach and waiting for the dust to settle will not help cash-flow, nor will it help in meeting payroll. So, the ethical and smart thing to do is to file PERM cases, manually perhaps, but file them nevertheless. In the late 1960s and the early-to-mid 1970s, it was common to obtain labor certifications through the courts, immigration attorneys filing labor certs filed mandamus actions routinely. Perhaps those days are coming back again. The final session of "Filing PERM Cases For Advanced Practitioners" will discuss litigation in the PERM context. The deadline to sign up Tuesday, May 3rd. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Citizenship Up For Grabs: The Supreme Court And Immigration by Mark R. Levin for Center for Immigration Studies
Mark R. Levin writes "For the last several decades, the Supreme Court has effectively trampled on Congress's constitutionally mandated, separate, and exclusive power and taken upon itself the task of rewriting America's immigration laws."

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Disabled Russian Children Are Distinct And Identifiable Protected Group
In Tchoukhrova v. Gonzales, No. 03-71129 (9th Cir. Apr. 21, 2005), the court said that Russian disabled children and their parents constituted a statutorily protected group and that a parent whio provided care for a disabled child may seek asylum and withholding of removal on the basis of the persecution the child suffered on account of his disability.

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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.

J-1 Training Visa Sponsor
Discover the ease and flexibility of the J-1 training visa with Aiesec United States. At Aiesec, we provide an unparalleled commitment to customer service, offering 24 to 48 hour turnaround on approved J-1 training visa applications, free consultation on potential training programs and a wealth of information about J-1 training visa regulations. We also offer logistical and cultural reception services in several locations across the country. Our J-1 training visa can be used for individuals to participate in training programs in the following fields: Information Media and Communications, Education, Social Sciences, Library Science, Counseling and Social Services, Management, Business, Commerce and Finance, The Sciences, Engineering, Architecture, Mathematics and Industrial Occupations, Public Administration and Law. You can learn more about Aiesec and the J-1 training visa at or by calling Jim Kelly at (212) 757-3774 ext.222.

Help Wanted: Immigration Paralegal
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (80+ attorneys), seeks an Immigration paralegal/legal assistant to work as part of its Immigration, Nationality & Consular Practice Group team. 2+ years of experience is desired in: employment-based IV (including EB-1, EB-2, EB-3), NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. College degree or paralegal certificate preferred. Significant work experience considered in place of formal education. Ideal candidate possesses superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. We offer an excellent salary/benefits package. If you enjoy challenging work with direct client contact and are equally passionate about the field of Immigration Law, we want to hear from you. Send resume and salary requirements in confidence to Ms. Maura Bowen, Human Resources Manager, Fax: (301) 230-2891 or e-mail:

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 Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.

Foreign Credential Evaluations And Translations
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry - $50 Educational Evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience and position evaluations. See here for a complete list of prices and turn-around times. Additionally, AETS provides certified translations in over 100 languages, with translators that are specialists in over 80 fields. For a copy of the application for credential evaluation and translation services, contact AETS at (786) 276-8190, visit, or email:

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: No phone calls please. EOE/M/F/H/D/V.

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 or call 212 406 3503 ext 224.

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

Dear Editor:
Yes, your comment of the Mexican kids' robotic team is very inspiring, but why don't you ever hightlight the technical accomplishments of Asian immigrants that go on daily? (see 4/22/05 ID comment). It is a well-known cliche that Asians and Asian-Americans are leading the way in the technological fields throughout the world, and here in the US. Walk into any American graduate enginnering, physics, biology university department and what does one see? Mostly Asian faces from countries like China, Taiwan, Japan, Korea, and Malaysia. Almost everyday some huge technical breakthrough at the top O-1 visa level of scientific and technical accomplishments is discovered or co-discovered by a person of Asian descent. But, of course, it isn't covered in the media and in publications like yours. However, US patent law firms are certainly aware of these. Statistics in California show that Latino students are sadly uninterested in math, science, and enginnering for the most part. A few, of course, go into these technical fields, but so many choose to major in fields like political science, sociology, etc. The more to go on to law school and be "advocates" for Latino-centric social changes, I suppose. This imbalance will create a have and have-not society in the US in the future as we all know our society will be dominated in the future by those high-paying technical fields. Do you bring attention to this?


Dear Editor:
I was shocked to learn from your recent PERM Update comment (4/25/05 ID) posting that hundreds of denials have been issued by DOL without any confirmed denials. I find this very strange since the online system first went into effect on March 28, 2005 with a 45 to 60 days processing time. In addition, DOL, as stated in the regulations, would first request more information or an audit with 30 days to respond before issuing a final decision. I have spoke with several of my colleages who have also said that they have not received nor heard of anyone receiving any denials from DOL. Kindly provide clarification regarding update information.

Genaro Salazar

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