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Immigration Daily March 8, 2006
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Comment

Harmless Error In PERM

According to PERM FAQ #7 dated February 14, 2006,

" ... corrections cannot be made to an application after the application is submitted under PERM. Once an application has been electronically submitted or mailed, it is considered final and no changes to the application will be permitted. This applies to typographical errors as well ..."
DOL appears to be saying that PERM applications will be denied even for typos, however, if the PERM system made a technical error DOL will cerify such cases through the motion to reconsider provision at 20 CFR 656.24(g). This leaves Employers with typos or similiar minor errors with the Hobson's choice of appealing to BALCA or reapplying from scratch by spending another $5-10K. The issue is whether the DOL has the authority to do away with harmless error, a part of due process, applied by the courts for many agencies. We believe that BALCA as well as the courts are unlikely to go along with DOL's hard line approach. The ETA's confrontational and adversarial approach to PERM is not in the interest of all parties involved, including the ETA.

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

Forcing Our Blues Into Gray Areas: Local Police And Federal Immigration Enforcement
Appleseed et al. writes "Despite the complexity and shifting nature of the legal and political issues surrounding the question of the proper role of local law enforcement in America's communities, local advocates can help bring clarity and ensure positive policies and practices in their communities."


News

EOIR Announces Latest Disciplinary Actions
The Executive Office for Immigration Review announced the latest disciplinary actions: (4) attorneys were immediately suspended; (2) received final orders.


Classifieds

Help Wanted: Immigration Professional
AIESEC has an immediate NYC opening for a visa program manager position. Responsible for all aspects of Exchange Visitor Program (EVP+). The EVP+ program rapidly provides immigration attorneys and corporations with a fast, high quality J-1 sponsorship alternative. Work with 100+ immigration attys and company HR reps to sponsor individuals on J-1 training visa. The manager reviews and sponsors hundreds of individual applications on J-1 training programs. Must have customer relationship management skills and experience; motivated self-starter, with excellent follow-through skills, who can work independently; exceptional communication, organization, and analytical abilities; legal or immigration background, experience and knowledge a plus. Business hours are 10-6pm, some wkends on as needed basis. Medical, dental offered, salary negotiable, DOE. Send resume + cover letter to Christopher White: chrisw@aiesecus.org.

Help Wanted: Immigration Attorney
Well established Midtown New York City firm has an opening for an attorney with experience in immigration related litigation, including handling defense of aliens before Immigration Court, the BIA and the US Courts of Appeals. The firm represents corporate and individual clients in all aspects of the immigration process. Individual will concentrate on litigation side of practice but will also be involved in non-immigrant appeal work and brief writing. Candidates should have 3 to 5 years experience. Salary commensurate with experience. Submit resume + cover letter stating salary requirements and a circuit court writing sample in confidence to Steven Weinberg: sweinberg@wildesweinberg.com.

Help Wanted: Immigration Attorney
Midtown NYC- 13 person fast paced, leading immigration law firm seeks lawyer with 3+ years of business immigration experience handling full range of diverse nonimmigration & immigration matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please submit cover letter & resume to Marcia Needleman: mneedleman@levittandneedleman.com.

Help Wanted: Immigration Attorneys
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, is seeking experienced attorneys with a minimum of three years practicing business immigration law, for our San Francisco Office. Our attorneys work in a fast-paced, high volume practice and utilize carefully developed procedures, advanced practice tools, and a state-of-the-art case management system. Experience in a range of business immigration matters, the ability to provide exceptional client service, experience managing teams of legal assistants, and superb analytical, organizational and case management skills required. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Please submit your resume via email to careers@usabal.com or by fax to 415-217-4426.

Help Wanted: Immigration Paralegals
Greenberg Traurig has openings in its Tysons Corner, VA location for entry-level business immigration paralegals. Qualified candidates must have a minimum of 6 months-1 year of experience preparing nonimmigrant work-related visas (e.g., H-1B visas). Associates Degree or equivalent is required. Must be very organized, detail oriented and able to work independently. Must possess excellent computer skills as well as strong written and verbal communication skills. Competitive benefits and compensation package offered. Send resume and cover letter with salary requirements to tcohire@gtlaw.com. Greenberg Traurig is an Equal Opportunity Employer.

Help Wanted: Immigration Attorney
Tindall & Foster, P.C., an established immigration-only practice in Austin, Texas is seeking an experienced immigration attorney. The successful candidate is expected to possess 2-5 years experience in employment based immigration law. Exposure to comparative international law or non-US immigration law is a preferred qualification. Tindall & Foster, P.C. has been practicing immigration law since 1973. The Firm has offices in Austin and Houston and continues to expand. Please visit www.tindallfoster.com and www.Austin360.com for more information. 401(K), medical and dental offered. Salary commensurate with experience. Experienced candidates may submit resumes and salary histories to hr@tindallfoster.com.

Help Wanted: Immigration Paralegal
Exceptional and challenging career opportunities available for you at this prominent global immigration law firm in Iselin, NJ. The ideal candidate must have 2 + years of exp. in business immigration, possess excellent verbal and written communication skills, and the ability to perform multiple tasks in a fast-paced environment. College degree, MS Word and Windows 2000 required. The Firm offers highly competitive salaries and excellent growth opportunities. We are conveniently located minutes from the train station and are approximately a 40 minute train ride from Manhattan on NJ Transit. Submit resume, writing sample, + salary requirements to Alaina Shneiderovsky: Ashneiderovsky@Fragomen.com.

Help Wanted: Immigration Paralegal
Tucson, AZ - Wolf & Sultan P.C., an AV-rated firm seeks business immigration paralegal with experience preparing TN, H, L and PERM cases. Friendly, relaxed small firm environment. Excellent drafting/communication skills required. Competitive salary and benefits package. Please send resume to Tarik Sultan: sultan@azimm.com or fax to (520) 882-2929.

Help Wanted: Immigration Paralegal
AmLaw 200 law firm based in Chicago, IL requires the temporary services of a senior paralegal for a six month period. The candidate must have at least five years of business immigration experience, including extensive experience with the new PERM system (PERM experience and knowledge is a requirement); EB-1, 2 and 3 matters; and experience with H, L, E and O visas. Minimum requirements include at least a bachelor's degree, and excellent English writing, research and communication skills. Send cover letter and resume to: Gina L. Grunloh, Vedder, Price, Kaufman, & Kammholz, P.C. at ggrunloh@vedderprice.com.

Help Wanted: Immigration Attorney
Laner Muchin in Chicago, IL, one of the nation's oldest labor law firms, seeks an experienced immigration attorney with excellent academic credentials, 3-5 years substantial experience in all aspects of employment-based immigration and strong case management, and communication and writing skills. Ideal candidate must be client-service focused and able to thrive in challenging and fast-paced environment of congeniality and respect. Laner Muchin successfully recruits quality candidates on a national basis. We provide opportunities to handle challenging responsibilities and exciting projects; offer highly competitive salaries and benefits; informal unpretentious office atmosphere; and demonstrate an excellent record of elevating associates to partnership. E-mail cover letter + resume to immigration@lanermuchin.com. Affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Help Wanted: Immigration Paralegals
Laner Muchin in Chicago, IL, one of the nation's oldest labor law firms, has openings for full-time immigration paralegals. Our paralegals have the opportunity to contribute to a growing immigration practice and do challenging work. The ideal candidates must have at least one year of substantial experience in employment-based immigration, be highly motivated, detailed-oriented and have outstanding communication, case management, computer and people skills. College degree preferred, foreign language fluency a plus. Competitive compensation package and excellent benefits offered. E-mail cover letter + resume to immigration@lanermuchin.com. Affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Help Wanted: Immigration Paralegal
Madison, WI - Quarles & Brady, a large, multi-office, national law firm is looking for an experienced paralegal to join its team to handle business immigration matters for fast-paced, expanding practice. Ideal candidate will have Bachelor's and experience with H, L, TN and PERM (NIW, or, and O-1 a big plus). Good benefits, stability, and pay in a supportive, relaxed, and professional environment, not to mention one of the most livable cities in America. Send resume, references, and writing sample to Donna Hurd, Office Administrator at dhurd@quarles.com.

Help Wanted: Immigration Paralegal
The Chicago office of Sidley Austin, a global law firm, seeks a legal assistant/paralegal for the Immigration practice. A Bachelors degree and 4+ years experience with US business immigration is required for this position. A legal assistant certificate from an ABA-accredited institution is desirable. The candidate must also have superior analytical, writing and communication skills. Competitive compensation package offered. Submit letter of interest and resume to: hrch@sidley.com or fax to (312) 456-4175.

EB5 Investor Program
A profit and a green card is a powerful proposition for your immigration clients. American Life Inc. (ALI) administers the oldest active INS-approved EB-5 Regional Center in 1996 and is based in Seattle. A $525,000 cash investment in an ALI real estate limited partnership via the EB-5 Regional Center program offers speedy conditional green card approval, typically in less than 1 year; avoids quota backlogs; and grants your clients the freedom to live anywhere in the US without being tied to a job/business. ALI's investors include immigrant applicants, pension funds and private investors. ALI distributes profits monthly. Since 2003, ALI has 125+ approved I-526 applications, with 30+ investors having already received their conditional green cards. If you are an attorney interested in learning more about ALI's Regional Center Investment program for your immigration clients, call Mark Ivener, American Life's exclusive marketing representative for AILA at 1-866-767-1800. Generous promotional incentives are available to AILA attorneys for the referral of qualified investors. Mark Ivener has 35 years experience in immigration law and has represented numerous EB-5 Regional Center clients. Meet Mark Ivener and Jo Hwang, ALI Marketing Director at AILA's Annual Conference in San Antonio. Visit http://www.amlife.us to learn more.

Immigration Law Conference
The 29th National Legal Conference on Immigration and Refugee Policy "Future Shock: Perspectives on Comprehensive Immigration Reform" will be held on March 13-14, 2006 in NYC. Presented by the Center for Migration Studies, in association with the Fordham School of Law (ILW.COM is the media sponsor for this event). The conference will offer an insider's look at the policy and politics in the growing debate on comprehensive immigration reform. Immigration professionals, gov't officials, HR professionals, and non-profits should not miss the chance to hear noted experts speak on topics such as border control, prospects for a guest worker program, internal worksite enforcement, and many other business, family, and asylum issues. Opportunity to interact with key policymakers at this unique international event. Participants are eligible for up to 9.5 credit hrs. Discounts are available for students, nonprofits and government employees. For more info, see here.


comingsNgoings

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

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: editor@ilw.com. comingsNgoings announcements is a free service.


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:
In response to Ali Alexander's letter to the Editor (03/07/06 ID), yes, agriculture and discount stores want low cost labor, but here is the point, we need low cost labor. The margins are so thin in agriculture and if you want the low prices from discount stores, they will need to employ labor that is lower down the scale of wages. Agriculture is suffering from a huge labor shortage - does one choose to export agriculture to the low cost labor countries, or bring low cost labor to us? I do not employ illegals, but I suspect some colleagues do, and they have fewer labor headaches than I do since I must employ entry level people or the chronic poor workers that have no choice but to work for lower wages. Some days, it is tempting. Live in my world for a while - one's opinion will at least be tempered, if not changed.

B Heid

Dear Editor:
In his reference to the social security contributions made by aliens (ID 03/07/06), Mr. Alexander's letter stated a mistake. It is common in the immigration debate that many, friends and foes, are confused about the issues because they ignore the legal framework foreigners are subject to and they assume the same conditions apply for everyone. In terms of social security, aliens are unlikely to reap any benefit from their contributions. Social security payments are almost exclusively restricted to US citizens. A foreigner, regardless of immigration status, is unlikely to see a dime unless he gets lucky and becomes citizen, which is no very frequently achieved. One may even argue that there is a constitutional issue in this. It could be considered an illegal take because the government is taking 25% of the workers' wages without any likely probability of future compensation (remember that legal status does no matter for private property rights). That's why a good incentive for temporary workers to go back to their countries is a SS contribution rebate. They would get back 25% of all the wages earned.

Sebastian
Washington, DC

Dear Editor:
The experience with obtaining a US Visa is a very bad experience (irrespective of whether you get your visa or not) at the Chennai Consulate. When I had been to the same consulate, I personally experienced it. Standing in lines for over 3 hours (in spite of a prior appointment) turned out to be the least of the bad experiences. The consulate officers who interview the applicants are extremely and un-necessarily rude to the applicants. Far from displaying that we are welcome to America, they made me squirm and feel like unwelcome scum. Several other well qualified applicants with me were also subjected to similar or worse treatments. The humiliations ranged from questioning as to why I did what I did and up to an interview officer rudely making fun of a candidate's English accent. I greatly appreciate that the consulate is overloaded with the number of applicants, heightened visa restrictions and security restrictions. But I feel that there are several things that can be done to make the process smoother and easier, i.e. could put in a few more locations and officers to process visa applicants (if not full consulates) in bigger countries like India and China with more applicants; pre-screen applications to reduce work and wait times at actual interviews; courteous treatment of applicants. These I think would be a good start to develop the image of the US among other countries and also to not deter genuine and valuable candidates, which in turn is only bad for the US.

Balaji


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 1999-2006 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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