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Immigration Daily December 28, 2005
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The PERM Frontlog

Recent reports from DOL indicate that the PERM system has developed a "front log" which consists of mailed-in applications waiting to be input into the PERM system by the PERM processing centers' personnel. DOL has reportedly said that the volume of mailed-in PERM applications is more than DOL expected. In Immigration Daily's April 28, 2005 issue, we forecasted that vast quantities of applications would be mailed-in; unfortunately it turns out that we were correct. As we discussed at that time, mailed-in applications have procedural benefits superior to those electronically filed, despite DOL's protestations to the contrary (mailed in applications also suffer from the possible disadvantage of slower adjudication). For many employers and practitioners, mailed-in applications will continue to be the only way they can secure labor certification benefits since DOL's PERM software is markedly user-UNfriendly. We suspect that DOL's PERM Frontlog will continue to mushroom in the year to come. This will affect the electronically filed cases too, since DOL will be under pressure to move some electronic processing staff into data-entry positions for the mailed-in applications to keep the Frontlog from ballooning out of control. While PERM is still short of its first year mark, and while perhaps two-thirds of all pre-PERM labor cert practitioners have yet to file their first PERM case, the PERM system is already groaning under the weight of its users. Immigration Daily will continue to keep you on top of PERM matters.

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A White House Xmas Carol
Mary L. Sfasciotti, Esq writes ‘Twas the night before Christmas and throughout the White House, Each computer was humming and so was its mouse ...


IJ's Denial Of Motion To Reopen Based On Regular Mail Non-Receipt Is Abuse Of Discretion
In Maknojiya v. Gonzales, No. 04-60361 (5th Cir. Dec. 1, 2005), the court said that it was an abuse of the IJ's discretion denying Petitioner's motion to reopen premised upon a presumption that public officials, including USPS employees, properly discharged their duties where the notice of hearing was sent by regular mail.


Help Wanted: Immigration Professional
The American Council on International Personnel is seeking a Director of Agency Liaison. Located in Washington, D.C., the Director will be responsible for working with ACIP members and federal immgration agencies to improve immigration policies and procedures for large multinational employers. Duties include maintaining relationships with federal officials and reporting on federal agency activities on an ongoing basis, organizing liaison meetings for members, drafting Federal Register comments, analyzing new policies and procedures and communicating changes to members through weekly email Bulletins and website. Some public speaking and travel required. The ideal candidate has a law degree, detailed knowledge of business immigration laws and procedures, experience filing immigration applications on behalf of large companies, liaison experience, excellent writing skills and ideas for improving the immigration system. Please send resume, cover letter and writing sample to No phone calls please.

Help Wanted: Immigration Attorney
Growing, international, employment-based immigration firm based in Miami, FL with offices in Asia seeks immigration attorney with 3-5 years experience in business immigration who is detail-oriented and has excellent writing and communication skills. Position can be based in either our Miami or Asian offices. We offer excellent health and dental benefits in Miami and housing and meal allowance internationally. Please send resume and writing sample to Andrew Koerner, at Leaf Koerner LLC, 100 SE 2nd Street, #2330, Miami, FL 33131 or

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 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


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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:
Regarding the workers who would possibly be involved in construction of the fence on the Mexican border, Felix Araujo wrote (ID 12/27/2005): "Don't worry, these workers will be legal since the new law provision has strict punishments against sub-contractors hiring illegal aliens...". I belly-laughed when I read these words. There has been a federal law in the U.S. Code since 6-Nov-1986 (Public Law 99-603 - The Immigration Reform and Control Act of 1986) that provides substantial penalties that can be levied against the employers of "non-verified workers", but as far as I know this law has been rarely enforced, particularly against the employers of illegal aliens, over the last 19 years. In my opinion, this law was written only to placate U.S. citizens into a false sense of security, and Congress never intended it to be enforced.

Steve Landess
Austin, Texas

Dear Editor:
I generally agree with the analysis contained in your comment on the Sensenbrenner Bill (ID 12/22/2005), but implore you to use words like internment camps or holding cells rather than the historically loaded "concentration camp" term you used thus: "Pro-immigration Republicans will have to learn that nothing short of concentration camps will satisfy the anti-immigration wing of their party." Using langauage like that tends to make us pro-immigration types seem like, well, unhinged nut-cases. [Let's leave that impression to be made by our opponents, please.] I expect the term may have been an honest slip-up, but no matter how literally true, the term continues to freighted with allusion to the murderous German institution rather than the harsh but markedly more humane and just British institution born in the darkest days of the Boer War. It is best avoided. The same is true for "Gulag", "fascist", "Nazi" and "totalitarian". Such terms, used carelessly, impede clear thought instead of aiding it.

Honza Prchal,
Birmingham, AL

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Publisher:  Sam Udani    Legal Editor:  Michele Kim