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Immigration Daily


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Immigration Daily August 29, 2006
Previous Issues
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NJ US Senate Campaign

According to an Associated Press report, "A poll released this summer suggests that immigration will be one of the top issues in the [New Jersey U.S.] Senate campaign between [Republican candidate] Kean Jr., who comes from [] a prominent New Jersey family that has been in the state for generations, and [Democratic Senator] Menendez, whose parents emigrated from Cuba." For the full story, see here.

We welcome readers to share their opinion and ideas with us by writing to


PQ: The PERM Quarterly

The first issue of PQ: The PERM Quarterly features the following:

  • 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
For more info on PQ: The PERM Quarterly, and to subscribe, please see here.


How To File Prevailing Wage Requests Example
Jane W. Goldblum provides an example of an Addendum for the Position of HVAC Engineer, as well as the Worksheet for Use in Determining OES Wage Level filled out for this position.


USCIS Announces Improved Processing Times Reporting
USCIS announced improvements to the reporting procedure for processing times of immigration benefit applications located at the USCIS website.


Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen, & Loewy, LLP, a global immigration law firm is seeking an immigration paralegal with 2+ years of corporate immigration experience for both our New York and New Jersey locations. The ideal candidate will be able to work in a high volume case processing environment and will prepare labor certification (PERM) applications. Candidate will have extensive client contact and will utilize case management and billing systems to prepare, track, and manage cases in process. BA/BS degree and experience with Windows 2000 required. The firm offers highly competitive salaries and growth opportunities. Candidates interested in both the NJ and NY offices please submit resume and salary requirements to

Help Wanted: Immigration Attorney
Small downtown Washington, DC firm seeking a mature, conscientious and detail-oriented experienced attorney (minimum 2 years experience). Must have experience in handling both family and business immigration cases, preferably in a small firm environment. Must have excellent research and English writing skills. Candidates with Spanish language proficiency will be considered first. We prefer applicants who are already local to the Washington, DC area. 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 No calls please.

Help Wanted: Immigration Paralegal
Small downtown Washington, DC firm seeking a mature, conscientious and detail-oriented senior paralegal (minimum 5 years experience in an immigration firm). Must have experience in handling both family and business immigration cases, preferably in a small firm environment. Must have excellent research and English writing skills. Candidates with Spanish language proficiency will be considered first. We prefer applicants who are already local to the Washington, DC area. 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 No calls please.

Help Wanted: Immigration Attorney
New York, NY - Merrill R. Cohen & Associates, PC, a boutique business immigration law firm in Midtown Manhattan seeks experienced lawyer to manage own caseload, primarily consisting of EB1, EB2, PERM, O-1, E-1 and L-1A petitions, with some motions/appeals and family-based work. The Associate will have a great deal of client contact. From time-to-time, he or she will represent clients at Section 245 and EOIR hearings. Our diverse clientele includes research hospitals, small and large businesses, as well as professionals in a wide variety of fields, including actors, musicians and athletes. Ideal candidate will be self-motivated and organized, with excellent writing and interpersonal skills. Minimum 3 years experience. Salary DOE + benefits. Please email resume, cover letter + references to:

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. 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 + cover letter in MS Word format to

Credential Evaluation
Career Consulting International, offers credential evaluation of your non-US degree. Fast service at low prices. Mention Immigration Daily to receive 3-day rush service at no extra cost (reg. price $70, rush service $70 = savings of $70). H1B and I-140 specialists. Evaluations of 4 year degrees (72hr. rush service) only $70.00. Also 3 year degrees combined with PGD, second degrees, or work experience. Pay online. Toll-free fax/phone numbers. Our clients say it better than we do: "I don't know what to say but you changed my life. In a place that others failed you came and with your evaluation... I just got approved to my I-140." "I'd like to thank you for your services in evaluating my educational documents. You helped me in a difficult situation and through extensive research you were able to get results that other, "bigger" agencies were unable to achieve". Click here to see more testimonials. Free consultation. Call today toll free: 1-866-585-1409.


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

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Send your professional announcement to: Examples include: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. This is a free service.


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:
ID's comment (08/28/06 ID) detailing the prosecution of a drug dealing Dominican for re-entry after deportation only to find out his mother bestowed US citizenship upon him years earlier is not surprising, nor unusual. In my INS career, I handled a handful of such cases terminating prosecution on two or three as the evidence was received. Before ID readers get too quick to bad mouth the Assistant US Attorney or even the Agency for imprudent prosecution realize that even under the old INS label such cases usually involved thorough interviews with an individual who may or may not tell the truth as he knows it. I would be surprised if the Perez case did not involve at least two and probably three or four "official" alien files which needed identified, examined for credibility and then sorted out for actual status. Heaven forbid one of those files be from the 1996 IRCA amnesty where "alien privacy" concerns preclude any information be provided the federal judge, even if it is "the truth". Several cases included Canadian and others who took liberty with the truth and utilizing dual citizenship status while confessing alienage and deportability to or from the US after being caught in criminal activity. Several learned the quickest means of getting out of something was to be exported to another country. As a final twist, one should factor in the Customs Service hostile takeover of INS into todays' situation. Ease of obtaining INS files may not be what it was before DHS. Those ICE agents may all be the "Customs" component with little background in sorting out citizenship and nationality puzzles. Things are not always what they seem, especially immigration matters. That's not to say a good idea might be to provide a little more skilled help to ICE / USCIS.

Tim Houghtaling

Dear Editor:
Restrictionists have repeated the phrase "the H-1B was created in 1990" so often than people actually believe it is true (see 08/28/06 Anthony BC letter). Actually, the H-1 has been part of our Immigration Law since 1952, in 1990 it was split into H-1A and H-1B. Claims such as H-1B workers causing the "displacement of American workers" are nonsense. One can find the odd unemployed US worker blaming his unemployment on H-1B workers but after listening to them, one knows that they're not merely unemployed but unemployable. H-1B workers are required to be paid at least prevailing wage. When an employer tries to cheat an H-1B worker the worker can file a complaint with the DOL (form WH-4) and the DOL will go after the employer for the worker. There are a number of cases posted to DOL OALJ's website where judgments were rendered against employers. The limited number of these cases in relation to the total number of H-1B workers over the years shows that in general employers are honest. H-1B workers create more employment for US workers by being here. When companies cannot bring key people into the US they are forced to move operations out of the US. I have seen it happen when the H-1B cap has been reached. The cost and paperwork required are such that no employer would hire an H-1B worker unless they really could not find a US worker for the position, or, in some instances, the H-1B is so talented that it is worth the extra cost to employ that person. The free market worked well from 1952-1990 when the first H-1 caps were imposed. We should return to the free market as far as numerical limitations are concerned. American workers are, and should continue to be, protected by the prevailing wage requirements.

Eugene J. Flynn, Esq.
Dallas, TX

Dear Editor:
Several recent letters have echoed restrictionists' unfounded claims that H-1B employees are taking jobs away from better-qualified Americans and are doing those jobs for less money. My experience, for what it is worth, is exactly the opposite. I have probably done more than 200 H-1B cases, and in not one of them was an American ever being replaced. In every case, the employer was paying at least the prevailing wage, as required by law, and usually a lot more, and he or she was hiring an H-1B employee only because American applicants either were not well enough qualified or were non-existent.

Sid Lachter, Esq.

Dear Editor:
I would like to explain my comments about diversity and immigration policy (see 08/28/06 ID) further. That letter stated that racial and ethnic diversity is good for America. This remark may be distorted by some into accusations that I support some sort of ethnic population engineering in order to achieve diversity, or that I support throwing open our borders to any and all who want to come here, even if they do so illegally or for some malignant purpose. Nothing could be further from the truth. I do not believe that the immigration laws should be used either to achieve a particular ethnic mix, or to freeze in place one which may exist now or may have existed at any particular time. What I believe is that we live in a diverse world, where people of different races, ethnic groups and cultures are closer to us and affect our lives in ways that would have been unimaginable even ten or fifteen years ago. Unless we adopt an apartheid immigration policy or cut off immigration entirely, our immigrant population will inevitably continue to reflect this reality. When the 9/11 terrorists attacked New York and Washington, they were attacking not only our values and way of life, but our diversity as well, which is one of our greatest strengths. That is why, according to Wikipedia, almost 250 of the WTC victims were foreign citizens, coming from some 50 different countries. I believe that our immigration laws should give people from all over the world a fair and equal chance to contribute to our society, according to reasonable standards and limits, without either favoring or discriminating against any applicant based on race or ethnicity. If that is "ethnic engineering", so be it.

Roger Algase, Esq.
New York, NY

Dear Editor:
Responding to Anthony BC's letter (08/28/06 ID), The Immigration and Nationality Act of 1952 established the H-2 program, which allowed the US Attorney General "after consultation with appropriate agencies of the Government" to import needed foreign workers. In 1990, the first "cap" was imposed on H-1B's. However, the program was created in 1952.

Margo Einsig, Paralegal Barley Snyder LLC
York, PA

Dear Editor:
The wordy Chacon article (all references to 8/28/06 ID) can be distilled to, Latinos don't like American entry laws, plan massive marches and other action and don't plan on leaving or assimilating. Letters by MB and Anthony BC further describes some of the turmoil caused by excessive entry and bad policies. Citizens are burdened in many, onerous ways from excessive entry. Roger Algase's letter agrees that the 1965 law was misrepresented, but that the resulting massive influx of legals and illegals is somehow "good" and apparently that "white" influence is bad. Why is this position not racist? We are told that we must have high entry to participate in the global economy, while no one ever explains why China, Japan and others participate without such. How can the Balkanization of America be good except to those who profit or seek to dilute if not destroy US, leading us to the NWO? What becomes of American heritage, culture and sovereignty if our future is an unassimilated polyglot of peoples? Why should Mexicans arrogantly assume unlimited numbers can come here, furthering the Aztlan agenda? Enacting laws that would return US to the status quo ante l965 would begin to ease many of today's conflicts and concerns with the enforcement bill HR 4437 a good start. S 2611 or the Pence amnesty plan only continues past failures, whether they be mistakes or frauds. America belongs to citizens, not politicians, special interests or migrants.

R. L. Ranger

Dear Editor:
I completely agree with MB's letter (8/25/06 ID). Where is the line for the boycott and what is the date for resigning en masse?


Dear Editor:
In reading the blurb for "Latin American Immigrants Struggle For Fair Immigration Reform" by Oscar A. Chacon (08/28/06 ID Article), Immigration Daily mistakenly inserted [S. 2611] when the author is referring to HR 4437.

Cecilia Espenoza

Editor's note: Thanks to our eagle-eyed reader for catching this mistake. The error has been corrected.

Dear Editor:
Why am I not getting issues of ILW.COM since July 23rd delivered to my mailbox anymore?

Larry Liem Doan, Esq.

Editor's note: We checked your subscription status and it is normal. Thus, we are sendng your email version of Immigration Daily with no delivery problems encountered from our end. See if it has mistakenly been delivered to your spam/junk folder. If it does not appear there, your Internet Service Provider (ISP) may not be delivering Immigration Daily emails to you. You may wish to contact your ISP and let them know that you wish to receive emails from ILW.COM and do not consider it spam.

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 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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