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Immigration Daily July 7, 2005
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Robert Divine

Immigration Daily has learned that Robert Divine has been named the interim Director of US Citizenship and Immigration Services, effective July 25, 2005. This is particularly newsworthy since Mr. Divine will be the first immigration lawyer ever to hold the post. Immigration Daily congratulates Mr. Divine on this appointment.

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


900 Pages + CD-ROM: Shipping Now!

THE PERM BOOK has over Nine Hundred Pages plus a CD-ROM! Prepared under the direction of Editor Joel Stewart, this book is now being shipped 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
Table of Contents Part 5: CD-ROM Reference Materials (100+ megabytes and 1,400+ files)
  • The PERM Rule
  • State Workforce Agency (SWA) Prevailing Wage Forms
  • 2005 OES Wage data
  • Links to SWA job order web sites
  • Professional Recruitment Occupations From Appendix A arranged in alphabetical order
  • Full SOC Definitions for occupations surveyed by OES In SOC Code Order
  • The North America Industry Classification System (NAICS)
  • Active GALs in labor certification cases
  • Occupational Projections and Training Data 2004-2005 Edition

For more info, please see PERMBOOK.shtm. All orders are shipped within 24 hours!

(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


Categorical Analysis, Ancillary Offenses: Select Cases In Ninth Circuit
Kathy Brady writes "Two important cases provide immediate defense opportunities. They're discussed below in the context of Ninth Circuit law."


CRS Report On Border Security
The Congressional Research Service issued a report on the key federal agencies charged with border security.


Help Wanted: Immigration Professional
The State University of New York at Buffalo's Office of International Education seeks applications for the position of Director, Immigration Services. Job duties include managing preparation and submission of H-1B, TN, O, and EB-1 outstanding professor/researcher petitions, EB-2 special handling labor certifications, adjustment of status applications, and consulting on complex J issues. Master's degree + 3 years of related work experience required. JD preferred. Advanced knowledge of J and employment-based immigration regulations also required. For details see: Salary range: $62,000-$77,000. Send resume + cover letter to: Mr. John J. Wood, Search Committee Chair at: State University of New York at Buffalo, Office of International Education, 411 Capen Hall, Buffalo, NY 14260, or by e-mail to Include posting #P-5051 in submission. Must be received by July 27, 2005 for consideration. The University at Buffalo is an equal oppportunity/affirmative action employer, and we especially welcome applications from or nominations of candidates from underrepresented groups.

Help Wanted: Immigration Professional
International Faculty Advisor (IFA) will facilitate hiring and retention of UVA int'l faculty and staff - this is a FT, twelve-month position in Charlottesville, VA. Must have: Master's degree with previous experience in immigration law, or J.D. with some int'l background. Demonstrated experience working in cross-cultural context, awareness of cultural contrasts and linguistic difficulties. Multi-task and meet critical deadlines. Attention to detail. Work under pressure with high level of discretion. Exceptional analytical, interpersonal and oral and written communication skills with ability to negotiate among competing and conflicting interests. Work both independently and cooperatively as part of team. U.S. Citizen or Permanent Resident. Preferred skills: Experience advising and counseling others on immigration matters. Full knowledge of 8CFR & 20CFR as they affect H-1B, O-1, TN and future permanent resident employees. Knowledge of new PERM regulations. Duties: advise prospective and current int'l employees on immigration matters; train and consult staff members who hire foreign nationals; review non-immigrant applications and file H-1B, O-1 and TNs; prepare non-immigrant cases (Form I-129) including securing: prevailing wage determinations, certified Labor Condition Applications from DOL; and immigrant cases (I-140). Review begins 7/1/05 until position is filled. Candidates should apply, indicating position #FP612, and including with their cover letter, a complete statement of qualifications, full resume of education and relevant experiences, names of (5) references with current tel # + email address, in confidence to Carolyn Laquatra at:

Help Wanted: Immigration Paralegal
McNamara Koenig & McCarthy, PC (MK&M), a Boston-area law firm with an established business immigration practice, seeks accomplished paralegal with 2+ years experience to join its 7 person team. Busy, collegial firm on Route 128 in Wellesley, dedicated to quality and client service. The Immigration Law Group of MK&M focuses on employment-based immigration, particularly serving the healthcare, technology, financial, and education sectors. Send cover letter and resume in confidence to Julie Sears:

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 online job posting 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 Associate
Wilner & OíReilly, APLC is pleased to announce that Betty Chu, a graduate of UCLA and Loyola Law School, has become an associate with the firm. Ms. Chu will work in the firm's business and transactional department. She is fluent in Mandarin. Wilner & O'Reilly, APLC, 18000 Studebaker Road, Suite 700, Cerritos, California 90703. Telephone: 562.467.8988. Facsimile: 562.467.8989.


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
Bill Dahl suggests in his rhyme (ID 7/6/2005) that because America needs cooks, dishwashers, domestic workers, and laborers, anyone from a country less economically prosperous who can enter the United States illegally (I assume he is referring in the main to Mexicans), or perhaps by overstaying a visa (even the English), is entitled to the reward of amnesty, because it is the moral thing to do. Amnesty in 1986, the end-all to illegal immigration, dismally failed in achieving any of its goals, cost the U.S. taxpayers untold millions of dollars, and chocked the immigration system, and the federal courts for years. Mr. Dahl ends his clever poetic stroll through the amnesty alphabet with a query, and a simplistic rhetorical answer, "Why should we grant amnesty to them? Itís the only thing you can do, with Almighty Godís free gift of grace." If this is the answer, then perhaps America should not only award amnesty to present law breakers, as in 1986, but equally throw open the borders to the poor and hungry of other economically impoverished countries in Africa, China, India, Pakistan, Ukraine, Mongolia, Kazakhstan, Uzbekistan, Haiti, Dominican Republic, Philippines, and Central and South America, those who do not have the luxury of simply nipping across a porous border. While not so elegant as Mr. Dahl's poem, my humble offering of a rhyme - "Wicked, wicked break the law, turn away and sin no more, or come again some other day, we'll let you in, and you we'll pay." Yes, let us give the whole world a shot at the success America offers. No, you say - can't be done? And you are right, but two rhymes don't make a right.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
We have come a long way, and not all of it in the right direction, from those noble words so clearly expounded 229 years ago (7/05/05 ID comment). Then again Ė not so clearly for some. Today we still have second class citizens. For example, can someone please explain to me the meaning of the word "permanent" in resident? I once saw someone ask an Immigration Judge this question and for once, the I.J. was at a loss for words.

Matthew Kashani, Esq.

Dear Editor:
Are you scheduled to hold any seminars in the future like the PERM workshop held in salt lake city. Two persons from our office had registered for the seminar and found it quite useful.


Editor's Note: We intend to hold future workshops in late fall in New York City. Read Immigration Daily for updates.

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