PERM has changed the competitive landscape for labor certification. This is true for law firms with employer-centric and alien-centric business alike. Traditionally, a large number of attorneys handled labor certs, with many attorneys handling just a few cases per year. The complexity of PERM, however, has discouraged attorneys for whom labor certs are a small percentage of their overall practice from taking the time to understand how to file under PERM. This alone has reduced the number of immigration attorneys filing labor certification cases from about 10,000 to less than a third of this number. Moreover, large employers who previously carved up their labor certification work among multiple law firms now have an incentive to consolidate their labor cert work since differences in their PERM applications on job duties and job requirements by different counsel may jeopardize their chances for PERM approval (prior to PERM, the DOL did not have the ability to note contradictions in labor cert applications from the same employer). While PERM continues to bring many surprises, one thing is certain: immigration attorneys who are able to master PERM early on will have a substantial competitive advantage, akin to when RIRs were first introduced.
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Deadline Is Tuesday, July 12th
The deadline to sign up for the final phone session of Ron Klasko's PERM
seminar is Tuesday, July 12th. For more info, including speaker bios,
detailed curriculum, and registration information, please
see: http://www.ilw.com/seminars/may2005.shtm. (Fax version: http://www.ilw.com/seminars/may2005.pdf.)
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Changes To Judicial Review Under The Real ID Act – Second Circuit Issues Instructions On Transfer Of Cases From The District Court
Christina B. LaBrie writes "The REAL ID Act amends INA 242 to restrict habeas corpus review and judicial review of immigration decisions by mandamus or the "all writs" statute."
DOL Reassigns Functions Related To Labor Certs - Expanded Version
The Employment and Training Administration of the Department of Labor published a Federal Register notice on the reassignment of functions related to labor certifications for temporary and permanent employment of immigrant and nonimmigrant aliens in the US. We carry the pdf version which includes Attachment Employment and Training Order No. 2-05 (the html version appeared in the July 11, 2005 Immigration Daily issue without the tiff image omitted).
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Readers are welcome to share their comments, email: email@example.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.
Lot of thanks for the CIS Ombudsman report (7/11/05 ID). After studying, we will revert you the feedback.
I don't think your issue (7/11/05 ID) published all of the DOL notice: What abour "Employment and Training Order Number 2-05, which is published below in the Federal Register in order to inform the public"? It isn't there. Also, can you also publish the Federal Register style notice in PDF searchable format? I think that's easier to work with in the future.
Editor's Note: The pdf version of the Federal Register notice appears in today's issue (see above) which includes Employment and Training Order Number 2-05. The pdf notice unfortunately is not searchable because it is an tiff image file.
Mr. Endelman's article concludes by suggesting that governments be more concerned about retraining the "losers" in the free trade giveaway (7/11/05 ID). The U.S. government has to do more than be willing to pay for retraining--it needs to identify and nourish the industries people retrain for. Before the dot.com meltdown, the common wisdom was that workers should retrain to be programmers. Look what happened with that -- lots more unemployed or underemployed programmers. If it can't say with certainty what displaced workers should re-train for, then it shouldn't waste money on such programs. For that matter, what are Indian professionals going to retrain for when China insists that their workers also have free access to the U.S.? China is now emphasizing training its populace in English, which will diminish the competitive advantage Indians have. In fact, both countries are now feeling upward pressure on wages because the supply of workers with advanced skills is decreasing. Finally, while India and other countries may push for more H1-Bs, there is no reason why the H1-B has to provide a path for citizenship. Congress can, and may be pressured by a public fed up with a glut of H1-B and trade agreements with immigration provisions, to return the H1-B to what it originally was--a temporary program. I wouldn't be surprised if that reduces the allure of the visa for many of those currently using it as a way to immigrate. In fact, that would be far more in keeping with the idea of "trade in services", for it is not "trade" when the "exported worker" becomes a resident and eventually citizen of the receiving country.
I just saw a standard operating procedure document for 485 processing. It is over 200 pages long.
Do you have any other Std Operating Procedure Instructions? Such as for I-129?
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To all that thought because we have not seen another 9/11 we have eliminated terrorism were in for a rude awakening with the recent events in London. If this does not make everyone support a closing of the U.S. borders and a stoppage of the discussion of another amnesty to reward illegal aliens, many of whom may be terrorists, I do not know what will.
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