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Immigration Daily June 15, 2006
Previous Issues
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Comment

PQ Shipped - Error In PERM Rule

There is an error in the PERM rule, which has not been (and cannot be) corrected by DOL FAQs and correspondence. The last sentence of 20 CFR 256.40(c) says (we have broken the sentence into 4 logical phrases here):

  1. "To use a SWA PWD,"
  2. "employers must file their applications"
  3. "or begin the recruitment required by Sections 656.17(d) or 656.21"
  4. "within the validity period specified by the SWA."
Phrase #3 does not apply to the majority of PERM applications that have been filed since the advent of the PERM system. Using the ordinary construction of the English language, the only way to read 20 CFR 656.40(c) for most PERM applications is to read phrases #1, #2 and #4 together, omitting #3 which does not apply, thus: "To use a SWA PWD, employers must file their applications ... within the validity period specified by the SWA." A very large number of PERM applications are filed outside of the validity period specified by the SWA, making these applications unapprovable, and certified applications invalidable or revocable.

DOL has attempted to get around the problem in its prevailing wage FAQ dated August 1, 2005, by stating in Part IV, Question 2: "To use a prevailing wage determination for an application for permanent labor certification, the employer must file the application OR BEGIN THE RECRUITMENT REQUIRED within the validity period specified by the State Workforce Agency." (emphasis added) The problem is that this provision of the FAQ contradicts the PERM rule. The Administrative Procedure Act permits agencies to clarify ambiguities and fill in the interstices of a rule, not to contradict established regulatory provisions. The August 1, 2005 FAQ provision must thus be seen as ultra vires.

DOL likely knows this problem well. In a "Prevailing Wage E-Gram" dated January 9, 2006, DOL states "the published regulation refers to section 656.17(d), but citation should refer to 656.17." The way to change the error in the PERM rule is for the DOL to publish an interim final rule deleting "(d)" from 20 CFR 656.40(c). We are not aware of any other legal way of accomplishing this result.

In the meanwhile, it may not be a good idea for the bar to accept DOL's assurance that certified PERM applications will not be invalidated or revoked. What is to prevent an anti-immigration organization from rounding up a few US workers whose applications were denied by employers for openings for which the employers sought PERM certification? A class-action mandamus action filed by such an organization on behalf of such US workers asking for DOL to apply its own regulations may well succeed in persuading a district court.

Clearly, DOL appears to have made an error which it must now correct through rule-making to assure employers of certainty in the PERM process.

We are pleased to announce that hundreds of copies of PQ: The PERM Quarterly are being readied for shipment by first class mail. All should be in the hands of readers by early next week. All subscribers will receive an additional free issue as our thanks for their patience during the long delay. The Table of Contents is as follows:

  • Major Fluke In Perm Regulation: Validity Period Of PWD In Error By Joel Stewart
  • What You Do After The Ads Have Been Run? Resumes, Interviews, And Results By Edward R. Litwin
  • Filing Duplicate Applications By Joel Stewart
  • Tips For Filing Schedule-A Applications Under PERM By Sherry Neal
  • Labor Certification Through PERM: An Up-to-date Overview Of The PERM Rule By Joel Stewart
  • How To File Prevailing Wage Requests By Jane Goldblum
  • Recently Emerging Issues By Joel Stewart
  • Ethics: What Do You Do When A Qualified U.S. Worker Applies? By R. Blake Chisam
  • Joel Stewart's BALCA Review By Joel Stewart
  • Note On Online Job Fairs By David H. Nachman
  • Ask The Editor By Joel Stewart
  • Professional Recruitment Occupations From Appendix A arranged by the O*NET SOC Code
  • PERM Resources
  • Errata
CD-ROM Table of Contents:

  • PERM FAQs #s 1, 2, 3, 4, 5, 6, 7, 8
  • PERM Backlog Processing FAQs May 2, 2005
  • Revised Prevailing Wage Determination Guidance Memos (May 9, 2005, August 1, 2005)
  • Hurricane Memos (October 13, 2005, November 16, 2005)
  • BALCA Cases: (Sanchez Elvina, Inc. d/b/a Ely-Lyn House of Beauty; IBM Corporation; Cottonwood Home; Professional Staffing Services of America; Madni, Inc., t/a Silver and Watch Palace; Siemens Energy and Automation, Inc.;
  • Federal Court Case (Liberty Fund v. Chao, DOL Mandamus By Sam Udani)
  • Professional Recruitment Occupations From Appendix A Arranged By The O*NET SOC Code
  • Occupational Outlook Handbook
To stay on the top of the latest in PERM throughout the year, subscribe to PQ: The PERM Quarterly. For more info, see here.

All attendees of the PERM workshop in San Antonio on June 21st will receive a free copy of the first issue of PQ: The PERM Quarterly. See here for more details.

All purchasers of THE PERM BOOK will also receive a free copy of the first issue of PQ: The PERM Quarterly. See here for more details.

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


Focus

Naturalization, Citizenship And Nationality Law: 2006 Update

ILW.COM is pleased to announce a new 3-part seminar series on an important area of law "Naturalization, Citizenship And Nationality Law: 2006 Update". (the middle letter in "INA"). The deadline to sign up is Tuesday, June 27th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/june2006.shtm . (Fax version: http://www.ilw.com/seminars/june2006.pdf


Article

Major Fluke In PERM Regulation: Validity Period Of PWD In Error
Joel Stewart writes "The FAQ and E-Gram are not regulations but only operating instructions and general statements of policy that confer no substantive rights, and one must remember that as the government giveth it may taketh away."


News

USCIS Issues Corrected Version Of New Policy For Fiancee Petitions
USCIS announced a corrected version of its new policy for fiancee petitions which requires "Requests for Evidence" for more than 10,000 Alien Fiancé(e) Petitions (Form I-129F) currently being held at USCIS Service Centers.


Classifieds

Help Wanted: Immigration Paralegal
Busy corporate/medical/academic practice in St. Louis, MO needs experienced paralegal for non-immigrant, immigrant, labor certification and 212 (e) waiver cases; intensive client interaction; good writing skills and people skills a must. Send resume to Ms. Maria Harvey, at mth@bks-law.com. Visit http://www.bks-law.com to learn more. No telephone inquiries.

Help Wanted: Immigration Paralegal
San Francisco, CA - Morgan, Lewis & Bockius seeks one immigration paralegal to assist with a wide variety of immigration matters, including: H-1B, TN, L-1, E-1/E-2, labor certs, and AOS/consular processing applications; outbound visa processing to support outbound visa programs; excellent written/oral communication skills; We operate in a friendly team-oriented cooperative environment, and are looking for individuals who would prosper in such an environment. Minimum of 2 years business immigration experience required. Bachelor's degree preferred; paralegal certificate or appropriate signed declaration from an active member of CA bar required. EOE. Apply at www.morganlewis.com.

Help Wanted: Immigration Attorneys
Berry, Appleman & Leiden LLP, a global corporate immigration law firm seeks experienced attorneys with 3+ 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, 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 resume to careers@usabal.com or fax 415-217-4426.

Help Wanted: Immigration Attorney
Downtown Washington, DC firm seeking a mature and responsible attorney with a minimum of 2 years experience in business immigration cases, including NIV (H-1B, L, J, and O), IV (including Extraordinary Ability) and PERM. Must be licensed to practice in D.C. or any state. Excellent writing and client communication skills a must. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. We offer a competitive salary and benefits - both traditional (health insurance) and non-traditional (in-office professional massage). Please send resume + writing sample to Paul S. Haar, Esq., 1150 Connecticut Avenue, NW, Suite 900, Washington, DC 20036 or paulhaar@aol.com.

Help Wanted: Immigration Paralegal
Downtown Washington, DC firm seeking a mature and responsible paralegal with a minimum of 2 years experience in both family and business immigration cases. Must have a Bachelor's degree and excellent writing skills. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. We offer a competitive salary and benefits - both traditional (health insurance) and non-traditional (in-office professional massage). Please send resume + writing sample to Paul S. Haar, Esq., 1150 Connecticut Avenue, NW, Suite 900, Washington, DC 20036 or paulhaar@aol.com.

Help Wanted: Immigration Paralegal
Small Wall Street (downtown NYC) immigration practice seeks experienced paralegal/legal assistant with 4+ years of employment-based immigration experience. Candidates should have working knowledge of PERM, family-based applications and naturalization petitions. Must have BA degree as well as excellent research, writing, communication and case management skills and be able to work with minimal supervision. Competitive salary/benefits. Individual will have opportunity to work closely with sole practitioner. Excellent learning opportunity for a hands-on person possessing a can-do attitude. Submit resume, cover letter and writing sample to Lynne R. Newkofsky, Esq.: immigpara06@yahoo.com. All inquiries will be kept confidential.

Help Wanted: Immigration Paralegal
Law office of Judith G. Cooper, P.C seeks legal assistant with 2+ years experience in all aspects of employment-based immigrant and non-immigrant cases for position in Houston, Texas (Galleria area). Candidate should have excellent computer, writing, case management and people handling skills. Fax resume to Administrator @ (713)-622-8078 or e-mail to CCooper@immigration-visas.com.

Help Wanted: Immigration Paralegal
Enjoy going to work every day for this fast-paced immigration firm based in one of Manhattan's most exciting neighborhoods. Eric M Bland P.C is seeking an "all-star" paralegal who is confident in their talent, possesses amazing writing skills and who will be comfortable communicating with celebrities and other high profile clients. EB-1's and O's are the house special, however, a solid understanding of L's, H's and labor certs would certainly give you the edge. No suit or tie required for your interview. Please email resume, salary req. to: immigrationfirm430@hotmail.com. No calls please.

Help Wanted: Immigration Attorney
Midtown NYC - 13 person fast paced, leading immigration law firm seeks lawyer with 5+ years of business immigration experience. Handle full range of diverse nonimmigrant and immigrant matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please email cover letter and resume in MS Word format to Marcia Needleman at mneedleman@levittandneedleman.com

Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with family based, naturalization and other applications a plus. Bi-lingual Spanish/English also a plus although not required. Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing , communication & case management skills. Competitive compensation package offered. Email resume and cover letter in MS Word format to Marcia Needleman: mneedleman@levittandneedleman.com.

Help Wanted: Immigration Paralegal
Paparelli & Partners LLP, a leading immigration law firm with an established national practice, located in Irvine, CA and New York, NY, has an immediate opening for an experienced Immigration Paralegal at our Irvine office. Work under supervision of attys to serve multinational companies and high-achiever individuals in both employment-based and family-based immigration-related matters. Use computer software extensively (research databases, ProLaw, immigration case mgmt software, etc), and become immersed in cutting-edge immigration projects. Must have 1+ years U.S. immigration experience, be multi-talented, a multi-tasker, detail oriented, express yourself well in person and on paper, work well on a team, love challenges, be willing to work hard, have a spotless ethical record and character, have a paralegal certificate or be otherwise qualified as a paralegal under CA. To pursue this exciting opportunity, email resume to Chris McCoy at cim@entertheusa.com. We invite you to stop by our booth at the AILA Conference in San Antonio. No phone calls please.

Help Wanted: Immigration Attorney
Paparelli & Partners LLP, a leading immigration law firm with an established nat'l practice, located in Irvine, CA and New York, NY, has an immediate opening for an experienced Immigration Lawyer at either of our bi-costal offices. The position will involve legal services on behalf of multinational companies and high-achiever individuals to perform the full range of immigration legal services for employment-based and family-based immigration clients. Use computer software extensively (research databases, ProLaw, etc), and become immersed in cutting-edge immigration law issues. This job is for you if you are a multi-talented, multi-tasker, detail oriented, express yourself well in person and on paper, work well as part of a team, love challenges, are willing to work hard, have a spotless ethical record, are admitted to practice law in CA or another state, and have up to three years of U.S. immigration law experience. To pursue this exciting opportunity, fax resume + cover letter to Chris McCoy at 949-955-5599 or e-mail her at cim@entertheusa.com. We will be exhibiting at the AILA Conference in San Antonio and invite you to stop by our booth. No phone calls please.

Help Wanted: Immigration Paralegal
The world's #1 vacation destination – Walt Disney World - is just as magical behind the scenes as it is for the millions of guests who visit each year. It's no wonder that over 56,000 people are proud to call themselves Walt Disney World Cast Members. We are seeking an Immigration Representative to support a high volume immigration department at Walt Disney World Company. The position involves extensive interaction with all levels of employees, management and government agencies and offers a tremendous learning opportunity with multiple challenges. The Minimum Qualifications are Immigration Paralegal Certification or Bachelor's degree or equivalent in business; Demonstrated strong case management experience; Computer proficiency within Windows environment; Strong written and verbal communication skills; Effective presentation skills; Strong partnering and problem solving skills; Excellent organizational skills with attention to detail; Ability to handle confidential information; and Willingness and ability to learn and adapt to new software applications. We also prefer: Minimum 2 years experience with EB NIVs; Proven familiarity with H, J, L, O, P; Demonstrated experience with Exchange Visitor Program and knowledge of SEVIS; Proven knowledge of I-9s; Proven multi-lingual abilities. To apply, visit www.disneycareers.com and submit your resume. This posting will be viewable from June 5-17, 2006 only. If you have issues posting for this position, please contact us at wdw.prof.recruiter@disney.com.

Help Wanted: Immigration Attorney
Paul Hastings, a major global law firm, seeks an Immigration Attorney for our Atlanta, GA office. The successful candidate will have 2 to 4 years experience in business immigration law, will be highly motivated and will possess excellent writing and communication skills with a desire to work in a team atmosphere. The current opening is in Atlanta, GA but future positions in other locations are possible. Excellent academic credentials and prior experience are required. Please submit a detailed resume with your pertinent experience and salary requirements to Lisa C. Clark: via email lisaclark@paulhastings.com or via fax at 404.685.5082

Help Wanted: Immigration Paralegal
Proskauer Rose LLP, one of the nation's largest law firms, seeks an immigration paralegal for its Newark, NJ office. Must have minimum five years experience preparing non-immigrant and immigrant business visas (H1B, L1, TN, E1, E2, O1, etc), generating and completing forms, entering data into a case management system, and performing research. Excellent English writing skills and attention to detail required. PERM experience is a plus. Please send resumes to Angela Houghton via email ahoughton@proskauer.com

Help Wanted: Immigration Attorney
Stone & Grzegorek LLP, a Los Angeles-based immigration law boutique, seeks a Senior Immigration Attorney (a partner-track position). The ideal candidate will have a minimum of 10 years experience in immigration law practice; excellent writing and advocacy skills; management potential; and success as a team player. Join a team of 5 immigration attorneys and a dedicated support staff, and work with interesting clients on challenging cases in a pleasant, collegial environment in our downtown Los Angeles office. We offer a competitive compensation and benefits package. Resumes will be held in strict confidence, please send to Carol@lskglaw.com

EB-5 Investor Program
We can make you a powerful offer. A conditional green card with no quota backlog for your clients. A generous finders fee from American Life Inc. for you if allowed in your state. One of the best-kept immigration secrets ... a real estate limited partnership investment of $525,000 in an EB-5 Regional Center program gives your accredited investor clients freedom. Live anywhere in the U.S. without being tied to a job or business. No need for day-to-day management of an active business. Want to know more about the immigration benefits of EB-5 cases? Call Mark Ivener at 1-866-767-1800 to answer your EB-5 immigration questions. With more than 30 years immigration law experience and five immigration law books to his credit, Mark Ivener is American Life's Immigration Consultant. Also, meet with Mark at the American Life booth in San Antonio. For more information visit our website, www.amlife.US.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

New Offices
Christiansen Law Firm is pleased to announce that its Houston, TX location has changed. The new address is 11757 Katy Freeway, Suite 1070, Houston, Texas 77079. Tel: 281-870-9002. Fax: 281-870-9112. email: wadechristiansen@aol.com. The Lufkin, TX location remains the same.


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:
The LA Times op-ed piece cited in ID's Comment (06/14/06) are correct. And even after the Amnesty of 1986 was completed, which instituted employer sanctions and allowed approximately 3-million undocumented aliens to adjust to permanent residence merely by showing they had been physically present in the US for five years, let us review the results - now, twenty years later, we have somewhere between 10-million and 14-million undocumented aliens present in the US today, with an estimated 42% visa overstays. While legalizing illegals may be, as the op-ed article suggests, humane, it is not just and runs afoul with the American tradition of fair play. It is not just while millions of other aliens who have played by the rules wait patiently for their Priority Date to come up so they can obtain permanent residence to the US through legal channels. Regardless of whether we are right-wing or left-wing, pro-immigrationist or anti-immigrationist, it does not take a rocket scientist to figure out the trajectory of fairness. The bottom line is all would agree that it is patently unfair to allow line-breakers at a movie theater access to the latest blockbuster, while those who have patiently waited in the rain all night long go without a ticket. Likewise for immigration, as fair is fair. Obviously, as is highlighted by the op-ed piece, history is replete with all sorts of immigration amnesties. All are human, but none have worked. When will they ever learn?

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
There has been some commentary in this forum about the PERM Quarterly and promisses were made that publication was imminent. Not only that, but the publishers promissed that they would do something "nice" for the subscribers to make up for the delay. Well, here we are weeks later and, in some cases, many months after we sent payment in full and still no PERM Quarterly.

Mariana Richmond

Editor's note: Please see our comment above.


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                        ISSN:   1930-062X


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