Foot In Mouth Disease
The Department of Labor issued an updated version of its August 8, 2005 PERM FAQs retracting its original response until further notice to a question concerning multiple filings by an employer for a particular beneficiary. For the original and revised DOL FAQs see below under news.
This action, coming less than six months after the PERM regime was instituted, offers a glimpse as to how DOL intends to use its revocation authority. The regulated community has reason to tremble at what the future will hold. Without 20 CFR 656.32, the DOL would not flip flop so much. We believe that DOL's foot in mouth disease can be cured by revoking DOL's revocation authority. At a minimum, the "not justified" language at 20 CFR 656.32(a), which permits the Certifying Officer to issue unjustified labor certifications, appears to be excessive and should be removed in the forthcoming revisions to the PERM rule.
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Involuntary Housewife Status: The H-4 Visa
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DOL Revises PERM FAQs Dated August 8, 2005
The DOL released a revised PERM FAQs dated August 8, 2005 and removed its response to the following question, "Under PERM, is it permissible for an employer to have more than one labor certification application actively in process for the same alien at any given time? What should an employer do if it has already filed multiple applications for the same alien?". The original August 8, 2005 DOL memo can be found here.
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Readers are welcome to share their comments, email: firstname.lastname@example.org (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.
I am a legal immigrant struggling for 5 years already to get through all the red tape. In the meanwhile paying taxes and contributing to society. I don't believe illegal immigrants should in any form benefit in any circumstance. Yes, the perpetrators should be punished for an illegal act (see 8/25/05 ID comment). But how can you punish one party for commiting a crime against someone else who is committing a crime? It makes no sense, punish your own, and reward a criminal. (Whether anyone likes the word criminal or not, that is simply what illegal immigrants are). Immigration Daily's comment is correct, government needs to sort out the immigration. Good idea to start with helping out legal immigrants who pay their way through the school system, the health system and taxes to get through all the hurdles a bit faster, and let us get our lives "off hold". Only then should they pay any attention to the illegal immigrants. Right now the only attention they deserve is to be sent right back where they come from.
I must say that I'm shocked that people who break into our country get rewarded for their efforts. They should have been shipped back to Mexico immediately. And this? ... "It is up to Congress to pass comprehensive immigration reform so that our immigration laws reflect the reality that large-scale immigration is a part of modern America's landscape" (8/25/05 ID comment). The only reason large-scale immigration is a part of modern America's landscape is because our so called representatives aren't doing their jobs and should be brought up on treason charges.
Following the analysis of ETA 9089 (8/25/05 ID article), I'd like to point out Item H-4 (Education: minimum level required). In both, "paper" and "electronic" versions, it offers an option of "none" (presumably, an individual who either graduated or not from merely an elementary school). Item H-9 (Is a foreign educational equivalent acceptable?) requires a definitive answer "Yes" or "No". Operating experience dictates a "Yes" answer, just in case. On the other hand, applying pure logic, how can one accept or not accept an equivalent of nothing? It appears that an "N/A" window would be highly recommended there in order to use it when there is no education beyond a grade school required. Otherwise, it simply looks that an employer is willing to accept a foreign equivalent of no formal education. Another tricky situation has been created by the lack of clear instruction as to what to enter or not enter into those spaces of "paper" version of ETA 9089 that in the "electronic" version are, in some instances, automatically "shadowed". Leave them alone blank or enter "N/A"? It appears that we all will again be learning based on our own mistakes.
The plight of "Name Not Supplied" in Letters to the Editor (8/25/05 ID) is repeated ten fold across the country, and those of us immigration lawyers who have witnessed the disgusting incompetence of the old INS and the SWA/DOL combo during the 1990's know only too well that this dilemma is commonplace for many educated aliens who are contributing, or but for the "system" would have contributed, their educational skills and cultural heritage toward making the US a better place in which to live. It is indeed sad that the writer's colleague with "identical credentials" had to finally give up and return to India to do outsourcing for major US companies, who are slowly selling America one small piece at a time, for the sake of their "bottom line", revealing a nation controlled by bean counters, rather than political scientists and economists, or poets and philosophers. Not only did America lose an educated individual who would have contributed substantially to the economy of her US community, but at the same time, it lost a job to outsourcing - a double whammy on the US economy, which is slowly being outsourced into oblivion. The sad thing is, if there is an "Amnesty" of any sort, these educated people will not be included, making way instead for the ". . . tired, . . . poor, huddled masses, yearning to breathe free . . ." It is up to America to decide its own economic future. We can only hope it chooses well, for there will be no second chances in tomorrow's world.
David D. Murray, Esq.
Newport Beach, CA
In response to John's and Name Not Supplied's (NNS) letters (8/25/05 ID), both letters seem to suggest that the future of the U.S. lies in the immigration of professionals from overseas. A nonpartisan Population Reference Bureau's report mentioned in the Wall Street Journal today says "The U.S., bucking a global trend, is the only major economic power these days with fertility rates high enough to keep the size of its work force relatively constant as the population ages, and that portends continued prosperity." ... "Immigration has contributed to the pool of workers in the U.S. But if immigrants were removed from the picture, the fertility rate still would have remained steady, largely because the baby boomers themselves produced a population boomlet." The problems these letters suggest are due not to lack of people but to government policies which discourage Americans from entering these professions by actually favoring immigrants, and which do not penalize age discrimination. Why don't we have enough doctors in our schools? That the federal government funds residencies for many more doctors than there are medical school graduates, leading hospitals to go overseas for doctors? NNS's letter is a good example of why Americans won't enter certain professions - his letter states he's getting less than Americans because he's locked into the green card process with his firm. That's precisely the problem with H1-B and similar guest worker programs — they distort the market, lower wages, and make these professions less appealing to Americans. Does NNS's firm even look to hire Americans these days? Furthermore, our graduate schools are similarly weighted to favor the admission of foreign students who hope for a green card, will tolerate low wages and conditions that Americans wouldn't, and thus allow universities to keep research costs and wages for academics down.
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