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
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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.
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.
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.
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