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Immigration Daily July 12, 2005
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PERM Competition

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.

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


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: (Fax version:

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


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).


Help Wanted: Immigration Attorney
Midtown NYC - 13 person fast-paced, leading immigration law firm seeks lawyer with 2+ yrs' of business immigration experience handling full range of diverse nonimmig. and immig. matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please submit cover letter & resume to

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 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:

Credential Evaluation And Translation Service
Are you getting RFE's when you use 'other' credential evaluation companies? With a 99.9% approval rate, American Evaluation and Translation Service, Inc. (AETS) provides 'expert opinion' position evaluations and work experience evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS evaluations are consistently accepted by the USCIS because evaluations are completed by PhD professors from four different universities with expertise in most major academic fields. AETS provides the most competitive industry rates - $50 educational evaluations and $200 position and work experience evaluations. AETS offers a variety of turn-around times, including same-day educational, position and work experience evaluations. For a complete list of prices and turn-around times, see: AETS provides certified translations in 100+ languages, with translators in 80+ fields. For a copy of the application for credential evaluation and translation services, contact AETS at (786) 276-8190, visit, email or simply fax the documents to (786) 524-0448 or (786) 524-3300.


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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:
Lot of thanks for the CIS Ombudsman report (7/11/05 ID). After studying, we will revert you the feedback.

M.W. Faruque

Dear Editor:
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.

Dear Editor:
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 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.

Ali Alexander

Dear Editor:
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?


Editor's Note: Try using our advanced search engine to find the item(s) of interest to you.

Dear Editor:
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.

Dr. No

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