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Immigration Daily December 29, 2005
Previous Issues
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Comment

NOFs In PERM

At first glance, the PERM rule makes no provisions for Notices in Findings (NOFs). However, it appears more and more that PERM is RIR is new clothes, and NOFs appear to be making a comeback in a new guise - the "Motion to Reconsider" (MTR). Due to numerous well-known errors with the PERM software, automatic denials of substantively approvable labor certification applications are common. Many time, such denials are purely the result of data entry errors, errors that in the pre-PERM regulations were considered "harmless" and not a barrier to certification. DOL appears to understand that many users of the PERM system are frustrated with this situation, and is apparently encouraging attorneys to file MTRs to reverse the denials. Anecdotal evidence indicates that MTRs have a very high certification rate, and that a large number of problems in PERM applications can be handled through the MTR method. One must bear in mind though, that MTRs do not have the regulatory timings and due process safeguards that NOFs had in the pre-PERM regulations. However, in practice, MTRs appear to be working just about in the same way that NOFs did in the past. Attorneys with denied but approvable cases may want to consider using MTRs aggressively. Immigration Daily will continue to keep our readers on top of PERM matters.

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


Focus

Immigration Books

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


Article

USCIS Service Centers: Current Benefits Issues
Marc Ellis, et al. offer materials from the recently concluded seminar series on USCIS benefits issues.


News

AEDPA COA Requirment Does Not Apply To Coram Norbis
In US v. Kwan, No. 03-50315 (9th Cir. May 12, 2005), the court in an issue of first impression in the 9th circuit said that AEDPA's Certificate of Appealability requirement does not apply to coram norbis proceedings.


Classifieds

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 jobs@acip.com. 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 ask@leaflaw.com.

Offshore Services For Law Firms
We offer a wide range of back-office & clerical support services to immigration attorneys in NIV and IVs, including managing checklists, form completion, drafting cover/employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. Our services cover document generation, data entry, accounts, scheduling/calendering, clerical & archival. Quantum Technologies, Inc. is a sister company to Adnet Advertising Agency, the worldwide leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms enabling them to cost effectively and securely outsource law firm back office processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as a virtual extension of your office providing 24 x 7 support and significant cost savings. Convenient billing options are available. For more info. contact Johaina Mumtaz at Johaina@quantum-usa.com or call 212 406-3503 ext 224.


comingsNgoings

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Letters

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None Today


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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