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Immigration Daily August 31, 2005
Previous Issues
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Comment

How To Use THE PERM BOOK

We reproduce below "How To Use THE PERM BOOK" in response to a number of queries regarding the contents of THE PERM BOOK and its intended audience.

This book is intended for the serious labor certification practitioner. In addition to providing a thoughtful and provocative analysis of the PERM rule, THE PERM BOOK includes much material not usually found in books on labor certification - for example, Part 3 contains a long article on Household Domestic Service Workers and not one, but two articles on Ethics and PERM. To make the material easy on the eye, 11 point and 12 point font have been used in Parts 1, 2 and 3, and every attempt has been made to ensure readability in Part 4. Superior, long-lasting paper has been used to print this book, and the binding is one for a book intended for repeated handling and constant use. Parts 1 and 2 have plenty of white space, because these are designed to some degree like a workbook, readers are encouraged to mark up the book with their notes on PERM. ILW.COM hopes that THE PERM BOOK will find a place on the desk of every attorney involved in large-scale labor certification practice.

THE PERM BOOK is intended to be both a book to be read, and a reference resource. This book has five parts:

Part 1 is a section-by-section interpretation of the PERM rule by Joel Stewart and his commentary on the rule. This part should first be read as a whole, and then used for reference as need arises. The content in this part is divided into two columns: the left column is the actual rule, and the right column is the Editor's Interpretation and Commentary. The columns are further divided into sub-sub-sections, thus breaking up the PERM rule into bite-size pieces in order to facilitate easier study of the rule.

Part 2 is a box-by-box discussion of Form 9089 by Joel Stewart, it includes a handy checklist for filing a PERM case. This part, too, should first be read as a whole, and then used for reference as need arises. The content in this part is also broken into two columns: the left column contains the box number, the question asked on the form, and the instructions, and the right column is the Editor's Commentary. In order to facilitate easy reference, the columns are further divided by specific box number.

Part 3 contains articles on specific topics arising from the PERM rule. The contributing writers for this part are noted labor certification practitioners Roxana C. Bacon, Ramon Carrion, Howard L. Kushner, Nancy M. Lawrence, Joan Mathieu, Lori S. Melton, Nancy Jo Merritt, Sherry Neal, Michael E. Piston, Edwin R. Rubin, Lawrence H. Rudnick, Carl Shusterman, Timothy M. Spridgeon, Richard J. Tasoff, Nathan A. Waxman, Christopher A. Wilburn and Leon Wildes.

Part 4 contains 14 essential reference materials connected to PERM, including prevailing wage forms from most SWAs. Job orders placed with SWAs for PERM applications must comply with federal employment service regulations, which are reproduced here in their entirety. This part also includes a lengthy article from the National Center for O*NET Development which sheds light on evolving DOL thinking on the concept of "SVP" which has changed significantly in the PERM rule. For more information, please see the detailed Table of Contents which immediately follows this page.

Part 5 contains additional reference materials on a CD-ROM (over 100 megabytes, over 1,400 files) with a user-friendly, web-like interface. Inclusion of a CD-ROM in this book makes possible the inclusion of a large quantity of material inconvenient to present in printed form, and makes such material searchable using electronic tools. The CD-ROM includes electronic copies of prevailing wage forms from most SWAs, and links to most SWAs' job order web sites. Also included is an electronic version of "Occupational Projections and Training Data 2004-2005 Edition", a statistical and research supplement to the Occupational Outlook Handbook 2004-2005. Chapters 1 and 2 of this electronic book include extensive DOL discussion on SVP, job zones, and integration of SOC, OES and NAICS data.

For more information, including how to purchase THE PERM BOOK, see here: http://www.ilw.com/books/THEPERMBOOK.shtm.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Immigration Books from ILW.COM

ILW.COM is pleased to feature the following distinguished works of scholarship:


Article

Who's Right In The Immigration Debate?
Gregory Siskind writes "The immigration debate in the country is intensifying as we get closer to a showdown this autumn over immigration reform proposals in Congress."


News

In-Laws Are Not Per Se Eligible For Political Asylum Under China's Coercive Family Planning Policies
In Yuan v. US Department of Justic, Nos. 02-4632-ag, 02-4635-ag (2nd Cir. Jul. 26, 2005), the court said that parents and in-laws of people persecuted under a coercive family planning policy were not per se eligible for political asylum.


Classifieds

Help Wanted: Immigration Paralegals
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, has openings for experienced legal assistants in our San Francisco office. We are seeking individuals with 1-3 years law firm experience. Must be able to manage cases, work within strict timelines, have excellent customer service skills, and possess attention to detail. Email resume and cover letter to careers@usabal.com or fax to 415.217.4426.

Help Wanted: Immigration Paralegal
Kapoor & Associates seeks paralegal/legal assistant for busy family- and employment-based immigration law firm located in Midtown Atlanta, GA; Duties include a little of everything, including preparation of immigration documents, case mgmt, and client liaison; Excellent opportunity to learn, grow and advance with expanding practice; Must have a college degree, and prefer someone with immigration experience; Must have excellent computer skills; Multi-linguals preferred. Competitive salary/benefits. Send resume with salary history to Romy Kapoor by e-mail: employment@kapoorlaw.com.

Help Wanted: Immigration Professional
AIESEC is the world's premier international youth organization dedicated to increasing cultural understanding and cooperation through running an international work exchange program. AIESEC has an immediate opening for a visa program manager position based in New York City. The visa program manager is in charge of all aspects of Aiesec's Exchange Visitor Program (EVP+). The EVP+ program rapidly provides immigration attorneys and corporations with a fast, high quality J-1 sponsorship alternative, and is a key strategy helping to fuel the growth of our organization. He/she works with more than one hundred immigration attorneys and company HR representatives to sponsor individuals on the J-1 training visa. The manager reviews and sponsors hundreds of individual applications on J-1 training programs. start date: ASAP. Skills and Experience: customer relationship management skills and experience; must be a motivated self-starter, with excellent follow-through skills, who can work independently; exceptional communication, organization, and analytical abilities; legal or immigration industry background, experience and knowledge a plus. If interested, please send a resume and cover letter to Jim Kelly: JimK@aiesecus.org. No phone calls, please.

Help Wanted: Immigration Attorney
Growing central New Jersey Law firm seeks aggressive, motivated, take-charge attorney for its immigration group. Successful candidate should have experience with deportation/removal cases and be familiar with business immigration, including H-1's and PERM. Must be able to work independently. Some clientele of your own is a plus but not required. Competitive salary and benefit package to right person. Apply in confidence by email to: visahelp123@hotmail.com.

Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal for its Washington D.C. office. FDBL offers a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate has 3-5 years experience with all aspects of business immigration and will have the benefit of attorney supervision and guidance. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications, adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Paralegal will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. FDBL offers a comprehensive compensation package. Fax your resume and cover letter to Allison Bettridge, Human Resources/Office Manager, at 202-371-2898. For more information, please contact Ms. Bettridge at 202-223-5515. EOE.

Help Wanted: Immigration Attorney
Established immigration and real-estate boutique firm in Aventura, FL is looking for an immigration attorney. Must have minimum 2 yrs. business immigration experience including H, L, E visas, I-140's, labor certifications (PERM), RFEs. Bilingual (English-Spanish) is a must. Compensation commensurate with experience. Generous benefit package. EOE. Please send resume to Mark Katsman: mkatsman@rrksatlaw.com. No calls please.

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 www.Computerworldcareers.com. 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 itcproduction@itcareers.net.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com.

Career Move
The New York Immigration Coalition (NYIC) is pleased to announce that Chung-Wha Hong has been named NYIC's executive director, effective October 15th. Ms. Hong, who currently serves as the NYIC's deputy director, is an immigrant from Korea and brings more than 17 years of experience working on immigrant-related issues. Tel: (212) 627-2227 ext. 221. Fax: (212) 627-9314.


Letters

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

Dear Editor:
One test of a good American is to know how to read the Citizenship Clause of the Fourteenth Amendment (8/30/05 ID comment). Here are basic English rules that should guide the "Good American." The phrase "and subject to the jurisdiction thereof" is enclosed within a pair of commas with the first comma placed before the coordinating conjunction "and." (1) An element enclosed within a pair of commas is non-restrictive, but why does the official and judicial view regard the phrase as a "qualifying phrase," modifying the phrase "All persons born or naturalized in the US"? (2) A comma marked before the coordinating conjunction "and" joins two independent clauses, but the official and judicial view disregards this rule (3) The repeated element in a compound may be omitted for brevity or style to be understated rather than to be stated. Thus the compound object "citizens" is omitted in the phrase "and [citizens] of the State wherein they reside." In like manner the compound subject "persons" with its essentila modifier "all" is omitted in the phrase "and [all persons] subject to the jurisidiction thereof." In other words, the "Good American" should be taught that, grammatically read, the Citizenship Clause names two categories of "citizens of the US": first: All persons born or naturalized in the US; and second: All persons subject to the jurisdiction thereof.

Domingo Arong

Dear Editor:
This may come of an interest to the Immigration Daily readers. First ETA 9089 ("paper" version), filed on July 28, 2005, got immediately (August 5, 2005) denied. On August 19, 2005, we filed the very same application (this time electronically), using the same recruitment-related information, and on August 29, 2005 just 10 days after), the case got certified. Even if your case gets denied - do not get discouraged: re-file immediately unless, of course, you had made some really grave and unrepairable mistakes.

A.J.O.
New York, NY

Dear Editor:
Much has been discussed regarding the amnesty program that the President has been proposing. Clearly, this is a debatable issue. What is less debatable, and more in line with US interests is immigration laws for legal qualified employment-based visa holders. Amnesty progams in the past have been implemented and not been unequivocally successful. Wouldn't it be a good idea to rather provide naturalized immigration to all legal employment-based visa holders immediately, perhaps for all those with Masters' degrees or above, in view of the contribution they can make to the US economy? Perhaps a staggered plan that provides Ph.D. candidates with immediate residencies, those with Masters' degrees, after six months, Bachelor's degress after a year, or something similar. This would enable Congress to evaluate this plan, and see if it is more successful than amnesty programs for illegal immigrants. Further, illegal immigrants would be provided with an incentive to obtain an education to obtain this benefit as well.

Name not supplied


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 editor@ilw.com. 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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim


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