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Immigration Daily

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Immigration Daily June 9, 2005
Previous Issues
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AILA Elections And Letters

Immigration Daily has received several private emails regarding our decision to exempt letters to the Editor involving the upcoming AILA elections from our 300-words limit. Here are the reasons for the exemption:

  • Immigration Daily has had a longstanding editorial policy to encourage participation in AILA elections. One way we support participation is by including correspondence and discussion in our letters section.
  • The AILA election is an important event for the immigration bar and there are few alternatives for candidates and their supporters to discuss election-related issues.
  • The AILA election is an annual event and does not occur year-round. In any event, we will revisit the exemption each year.
Three out of the four candidates for contested Executive Committee positions sent us their election material (Eugene J. Flynn, Tammy Fox-Isicoff, David W. Leopold). AILA must receive ballots by June 13th for these ballots to be counted. Unless you plan to vote at AILA's Salt Lake City Annual Conference, June 13th is the last chance for eligible AILA members to vote for your AILA candidates. Mail your ballot now!

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


Nine Hundred Pages!

THE PERM BOOK has grown to be over Nine Hundred Pages! Prepared under the direction of Editor Joel Stewart, this book is now being printed with the latest, up-to-the-minute updates on PERM! In addition to articles by leading labor certification practitioners, the book also includes essential reference materials on PERM. A partial table of contents follows:

Table of Contents Part 4: Essential Reference Materials

  • The PERM Rule
  • ETA Form 9089, Application For Permanent Employment Certification
  • The "Current Regulation" as defined in the PERM Rule
  • State Workforce Agency (SWA) Prevailing Wage Forms
  • General Administration Letter 2-98
  • Prevailing Wage Determination Policy Guidance For Nonagricultural Immigration Programs
  • Job Orders Under Employment Service Regulations
  • DOL Information: Addresses And Jurisdictions
  • Professional Recruitment Occupations From Appendix A Arranged In Alphabetical Order
  • Full SOC Definitions For Occupations Surveyed By OES In SOC Code Order
  • Stratifying Occupational Units by Specific Vocational Preparation (SVP) By The National Center For O*NET Development Employment Security Commission
  • Background On Development of Appendix A for Professional Recruitment Occupations From Occupational Outlook Quarterly, Vol 39, No. 4
  • 29 CFR 18 - Hearing Procedure For BALCA
  • Federal Litigation Resource: The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM By Gary Endelman

For more info, please see Order now to receive your copy before the AILA Salt Lake City conference!

For practitioners with a serious stake in labor certification, ILW.COM has organized "The PERM Workshop" in Salt Lake City: June 22, 2005 - 9 am to 5 pm. A detailed curriculum and moderators/speakers were delayed to ensure the most relevant content would be presented to attendees of this Workshop, these will be announced over the next few days. This Workshop offers an immersive experience in PERM related matters, with ample time given to back-and-forth discussion with the presenters. The seating is LIMITED to the first 50 registrants. For more info, please see

Practitioners can stay on top of PERM issues through the end of 2005 and beyond by subscribing to PQ: The PERM Quarterly at the unbeatable low price of $99 per year! For more info, please see


Recent Chinese Asylum Cases
David L. Cleveland present summaries of some recent Chinese asylum cases.


President Bush Reiterates Commitment To Immigration Reform
In response to a query on immigraton reform, White House Spokesman McClellan said, "The President is strongly committed to his approach for a temporary worker program that would meet an important economic need that would show a more humane migration system for America and that would help us better address the problems along the border and people coming into this country illegally."


Help Wanted: Immigration Paralegal
Alcala Law Firm, PC a small international law firm in Salt Lake City, is seeking an experienced immigration paralegal to work directly with two immigration attorneys. Candidate must have at least five years of paralegal experience in immigration matters. Candidate must possess strong organizational, research, computer skills, and writing skills. Applicant must be fluent in English and Spanish, both spoken and written. An undergraduate degree is required. We offer an excellent compensation and benefits package, outstanding work environment, and comprehensive support to enable our paralegal to assume significant responsibility, including contact with clients. Collegial, open office with a professional family atmosphere. Please cover letter and resume to:

Help Wanted: Immigration Attorney
Jasinsky Immigration Law LLC seeks an experienced business immigration attorney for our Stamford, Connecticut office. Send cover letter and resume to Laura Jasinsky,

Help Wanted: Immigration Paralegal
Jasinsky Immigration Law LLC seeks an experienced business immigration paralegal for our Stamford, Connecticut office. Send cover letter and resume to Laura Jasinsky,

Help Wanted: Immigration Attorney
The Center for Human Rights and Constitutional Law is a Los Angeles non-profit focusing its work on the civil and human rights of insular minorities. The Center initiates and conducts major class action litigation. The program also operates community-based and international human rights projects. The Center currently has an opening for a Staff Attorney. The Staff Attorney will assist in development and implementation of a training program on the rights of abused immigrant women and children, as well as provide technical support and assistance to Pro Bono attorneys representing abused immigrant women and children minors. The Staff Attorney will also represent abused women and children in Special Immigrant Juvenile, Asylum, VAWA, U-Visa, and T-Visa proceedings. Qualifications: Applicants must be admitted to CA Bar; must have experience with preparing one of the following: (SIJ petitions, VAWA petitions, or U-Visa applications); must be bilingual in Spanish and English; must have strong research and writing skills; should have demonstrated commitment to social justice issues. Compensation: $40,000 plus benefits. Do not telephone. Send resume, cover letter, 3 references, and writing sample in Word format (no WP docs) to both Angela Perry: and Peter Schey:

Labor Certification Advertising/Recruitment
Computerworld is the best no-hassle solution for meeting PERM requirements. Place your 2nd IT recruitment ad in print in the IT Careers section, or online at If you choose to use both methods, you will receive 50% off the national print rate. In addition, our staff will tend to your needs from ad layout and design to immediately sending tear sheets once the ad is published. Call today to place your labor certification ad in print and online. Call 1-800-762-2977 or email your ad to


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

New Offices
Thomas D. Harmon, a 10-year immigration attorney, has opened the office of Thomas D. Harmon & Associates, P.L.L.C., at 7400 Metro Boulevard, Suite 100, Edina, MN 55439. The Phone number is 952-746-1882. Referrals welcomed.


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

Dear Editor:
Illegal entry is not the same as immigrating any more than bank-robbing is the same as banking when making a lawful withdrawal. While similarities exist, they are profoundly different due to the element of illegality. We have the unfettered right to control our borders and entry using and under our own terms. This does not make US anti-immigration or anti-border as ID's (6/08/05) comment amazingly states. It does, however, make US prudent, safe and sovereign which the globalists and special interests among us seem to oppose. Illegal entry cannot be both "benign" and the cause of "current chaos" as ID suggests. It is the latter that is being experienced today, harming US citizens in many ways. There are many, "powerful forces that drive human beings", but this does not preclude needed enforcement when such "natural" forces become harmful to society and individuals. Indeed, this is the very basis of and for law, regardless of ID's remarkable (6/03/05) comment. If there is any "misconception", it is on the part of the open border advocates who wish to effectively erase our borders by legalizing mass entry. It is naive to believe that any legalization provision would suddenly make the borders secure. We would still have illegal entry and more "legal", when what most Americans want is a reduction of both. It is preposterous to say that limiting entry, enforcing laws, eliminating undeserved benefits and securing our borders are not viable and are "anti-border" or "anti-immigrant" and that "the US has only two real choices" as ID has set forth. If you plan a party and can only accommodate 200 guests, does this make you anti-social? Is there an obligation to invite whoever wishes to come? There is no universal right of foreigners to come to US.

R. L. Ranger

Dear Editor:
Let me second Angelo Paparelli's comments on Thomas Friedman's new book The World is Flat (6/08/05 ID). I heard Friedman address the topic in a presentation to the World Affairs Council of Greater Dallas in April. I too am convinced that the trend toward a smaller world is inevitable and no amount of protectionism is going to stop it.

Eugene Flynn

Dear Editor:
Michael M. Hethmon's letter (6/08/05 ID) provides no information to dispute the dictionary and legal definitions of "immigrant" that I provided. Those definitions are in no way limited to "legal" immigrants, as my previous letter explained (6/7/05 ID). However, this does not mean that I am claiming that "[t]here is no distinction between legal and nonlegal immigrants." Clearly, there is such a distinction. However, the general term "immigrant" includes both those here legally and those here illegally. The fact that immigrants here illegally can be removed does not change the fact that they have the intent to reside in the U.S. permanently and are, therefore, "immigrants." The California case cited by Mr. Hethmon does not contradict this definition. In fact, the court's conclusion in that case was specifically dependent upon the legislative history of the specific California statute in question (not the general definition of "immigrant"), which showed that the California legislation was intended to apply only to "legally admitted alien students." University of California v. Superior Court, 225 Cal. App. 3d 972, at 980 (1990). Further, David D. Murray, Esq.'s letter (6/7/05 ID) states "[i]n defining 'immigrant', my point is that a person's subjective intent to reside permanently in a place does not supplant the objective realities of the law, and until there is a realistic expectation of residing permanently, the alien does not rise to the status of 'immigrant'." But Mr. Murray's letter provides no support for this restriction on the dictionary and legal definitions already provided. Similarly, R.L. Ranger's letter (6/8/05 ID) asserts that "[t]he definition of 'immigrant' presumes legality" without providing any independent support for this assumption. Thus, the dictionary and legal definitions provided earlier still stand.

Aimee Clark Todd, Esq.
Atlanta, GA

Dear Editor:
In response to Mr. Murray's letter (6/8/05 ID), it's clear that criminals are demonized for their acts as the acts are generally deemed harmful to themselves or others by the population at large. The crowd that attempts to demonize immigrants with the "illegal" label does not have similar support. Some claim that undocumented immigrants are harmful to society. Conversely, some show that they benefit our society. This includes the Social Security Administration - an organization without a dog in this fight - who projects that they receive 6+ billion a year from undocumented immigrants. These people are immigrants who intend to remain here. There is simply no evidence that they intend to leave. Mr. Murray's letter seems to be confusing the legal definition of "permanent resident" with the general definition of "immigrant". The definition of immigrant exists outside of the vacuum of immigration law. A new category has recently been proposed in Congress. The H5B visa - which appears to be very similar to 245 (i) - would appear to allow adjustment to permanent resident status after a fine is paid. From this I can only conclude that a bipartisan group in Congress also sees some benefit in allowing these people to stay even though they broke the law. Though it's worth noting that they are not considered criminals and are put in administrative proceedings rather than criminal proceedings. In response to RL Ranger's assertion (6/08/05 ID) that the definition of immigrant presumes legality, he will need to provide proof of this as that directly contradicts the previously cited sources and his opinion is only that. What does RL Ranger's statements "citizenship with an illegal birth" and "Indeed, so doing would remove much of the culture in which terrorists and many other criminals have been able to exist" mean?

Justin G. Randolph, Esq.

Dear Editor:
As Mr. Alexander's letter highlighted (6/8/05 ID), the Dutch and the French rejected the EU constitution. Regardless of the merits of this bureaucratic document, they are afraid of globalization. They don't have what it takes to compete by working harder and having families like they used to. They want to keep their unsustainable social benefits and avoid competition from the mythical "Polish plumber". They don't have children, work 35 hours a week and then complain because unemployment is high and Muslim immigrants are needed to make up for the shrinking population. Now they have rejected any possibility of the necessary market-oriented reforms and will suffer the pain of perpetual stagnation in their "socialist paradise." The US should learn their lesson and embrace free trade and open immigration policies. The US is blessed with receiving a majority of Roman Catholic immigrants from Latin America that are culturally compatible. Also, globalization is raising the standards of other nations and making them able to compete on the global marketplace, sharing prosperity. The correct policy is to face the challenges and prepare to compete because nations that have strong human and commercial ties are less likely to engage in military conflict.

Washington, DC

Dear Editor:
Why not end the unfair welfare state system which is no more free handouts for illegal immigrants and US citizens as well, lower taxes for everybody, less red tape for doing businesses, smaller and limited government, free market that benefits all consumers, more budget on US education, health care, manpower training, scientific research, cleaner, renewable alternative energy that makes us independence from oil from undemocratic and unfriendly nations and less money for war machines and meddling other countries' businesses. Ali Alexander's letter (6/08/05 ID) said that our needs and priorities have changed, what are they? We hate immigration, simply because we hate to compete, that's it. Protectionism won't work in this globalized planet and the advancement of technology. We're subject to global competition. I believe the rest of Europeans can prosper and benefit from the unity of Europe without the French and Dutch, just leave them alone while other countries enjoy the benefits like free movement of people, robust investment, trade, tourism and businesses. Southern American nations are thinking to abolish their borders just like the E.U. Unity means stronger bargaining power, politically, military and economically as well. We hate competition, but unfortunately that's the game of this life, deal with it.

Richard Sugiharto

Dear Editor:
Aimee Clark Todd, Esq.'s letter (6/7/05 ID) states that every alien is an immigrant except aliens who are in an enumurated nonimmigrant status; I am also of the opinion that one may be called illegal immigrant when one loses one's nonimmigrant visa by overstaying. So, we can call them as illegals to those who have no legal permanent resident status. Moreover, "emigrant " is antonym to "immigrant". Therefore, their meaning are not the same as Aimee's letter has opined.

S. Salike

Dear Editor:
In the interest of sharing information with Immigration Daily, I write to report that we received a PERM approval on our first attempt at filing. The ETA 9089 was electronically submitted on May 23, 2005 and was certified on June 2, 2005. We just received the hard copy approval by mail. This was a position requiring a Bachelor's Degree and 10 years experience in the field. Our client qualified based on an experiential evaluation and an additional 10 years of experience.

Monica E. Lukoschek, Esq.
Laguna Hills, California

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