Nannies And Nurses
With the uncertainty and technical glitches which surrounded the launch of the PERM regime over the last several months, many immigration practitioners have put labor certification cases on hold until the dust settles. While it is certainly true that PERM presents significant challenges to law firms, those sitting on the sidelines may be missing out on the opportunities that PERM creates for specific occupations. Nannies and non-clinical care nurses are two occupations where the PERM regime may be kinder than the pre-PERM rule. The SVP for nannies has recently been revised so that nannies are no longer in the "other worker" category. While EB-3 remains backlogged for now, new numbers will flow in in October, and beneficiaries (at least those in status) may want to get in line. Non-clinical care nurses were earlier caught in a situation where they were apparently excluded from Schedule A. The PERM rule redefines Schedule A for non-clinical care settings, opening a way for favorable treatment by USCIS. Practitioners should take a close look at PERM and continue to evaluate whether (or for how long) does it make sense to watch the action from the sidelines, and when it is time to take the plunge.
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Chucky's letter (ID 07/18/05) tries to invoke the rule of law in defense of an indefensible position. People like Chucky began infiltrating the conservative movement in the early 90’s when the late Richard Estrada spoke to the Heritage Foundation. The title of his presentation was something along the lines "Why the conservative movement should change its position on Immigration." Since then pro-immigration voices on the right have been silenced by the shrill voices of people like the Peter Brimlow and Michelle Malkin. By pointing out to others on the right that these restrictionists (I refuse to refer to them as conservatives) are in lock step with the environmental extremists, zero and negative population growth people and Caesar Chavez type labor union leaders will give those true conservatives on the right pause. They will not be so ready to believe all the lies and distortions like those in Chucky's letter. They will ask for more facts and when all the facts are available to them I believe they will end up on the pro-immigration side.
The comments by Syd (ID 07/18/05) where he writes "Our neighbor to the south is essentially paying for its own citizens to remain illegally in this country and further violate US and/or state law" deserves clarification. Firstly, those who enter the U.S. somewhere other than an official port of entry commit a misdemeanor. Does this same "deport the Mexicans" crowd also urge the jailing of all speeders? I think not. And they wonder why people call them reacist! True conservatives need to stand up to the restrictionists. Until they do, the liberals will continue to wrongly identify restrictionists as conservatives.
Eugene J. Flynn, Eugene J. Flynn, P.C.
In Jay McTyier's letter (ID 7/15/05), he wonders if it's possible that
persons who are deported from the U.S. don't
warn would-be immigrants of the risks inherent in entering the U.S.
illegally. I can say that it is very unlikely that Latin Americans will tell the truth to the folks
back home about how things went wrong. The social plague called
machismo simply does not allow a man to admit that he
screwed up or got swindled or failed make a bundle of cash during his foray
to the north. In order to save face, they will come up
with any flimsy story to explain why they came home empty-handed. Since
none among those listening have information to the contrary, our deportee
can make his friends and family believe that the reason he didn't come back
with a piece of El Dorado was anyone else's fault but his own. So,
would-be immigrants remain shrouded in ignorance instead of being warned by
the those who could most eloquently speak with first-hand knowledge of how
things can go wrong. I worked in the U.S. as a court interpreter for eight years,
coming into contact daily with hispanics who wound up on the wrong end of
the law. Since then I have lived in Costa Rica for ten years, where I hear
the lies spun by the ones who get deported. So, I've seen from both sides
of the border how these machos deal with their misfortune. It's a sad
scenario which only serves to perpetuate a cycle where nobody wins. And the governments in Latin America, rather then promoting information
campaigns to warn people of the risks of illegal immigration, prefer to let
the ignorant head north as one way of relieving chronically high
underemployement in the home countries.
Marc W. Mellin
Naranjo, Costa Rica
We must restore the rule of law in America. Doing nothing about the illegal
alien invasion is the back door to tyranny.
You had published a couple of letters from a firm in New Jersey who have got approval letter for their clients under PERM.
Could you pls let me know the name of the said firm?
Editor's Note: Please try using our advanced search feature.
I would like to know if you could identify the source of the information found within the spreadsheet located on your website at the following URL:
More specifically, I would like to know if a particular governmental agency conducts the investigations regarding employer violations against H-1B visa holders, and if so, which governmental agency it is.
Editor's Note: That particular document was part of the materials provided during our January 2004 seminar series. We receive these materials from the speakers and moderators for the various seminars. Frequently, these experts send us governmental documentation and their analysis for distribution to the attendees for the seminar.
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