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Immigration Daily

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Immigration Daily September 6, 2006
Previous Issues
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Various Items

Today's Immigration Daily issue has several items of interest, including an article by noted immigration advocate Frank Sharry of the National Immigration Forum, a court case dealing with the conflict between the LIFE Act and the permanent bar provisions at 212(a)(9)(C)(i)(I), a number of classified ads including help wanteds for paralegals and attorneys, an announcement from a reader, and several letters. Please scroll down to find the item(s) of interest to you.

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


Your Up To Date PERM Resource - THE PERM BOOK

THE PERM BOOK is the most up to date PERM resource in print. That's because every purchaser of THE PERM BOOK receives a free copy of the June 2006 issue of PQ: The PERM Quarterly, with the latest in PERM happenings.

THE PERM BOOK has over 900 Pages of information (including articles by Roxana C. Bacon, Ramon Carrion, Gary Endelman, Howard L. Kushner, Nancy M. Lawrence, Lori S. Melton, Joan Mathieu, Nancy Jo Merritt, Sherry Neal, Michael E. Piston, Edwin R. Rubin, Lawrence H. Rudnick, Carl Shusterman, Timothy M. Spridgeon, Richard J. Tasoff, Alison Walters, Nathan A. Waxman, Christopher A. Wilburn and Leon Wildes). THE PERM BOOK includes:

  • A section-by-section interpretation of the PERM rule by Joel Stewart and his commentary on the rule
  • A box-by-box discussion of Form 9089 by Joel Stewart, including a handy checklist for filing a PERM case
  • Articles by many noted practitioners on specific topics arising from the PERM rule
  • Essential reference materials: 14 documents
  • Additional CD-ROM reference materials: Over 100 megabytes, over 1,400 files

Table of Contents Part 4: Essential Reference Materials

  • The PERM Rule
  • ETA Form 9089, Application For Permanent Employment Certification
  • The "Current Regulation" as defined in the PERM Rule
  • State Workforce Agency (SWA) Prevailing Wage Forms
  • General Administration Letter 2-98
  • Prevailing Wage Determination Policy Guidance For Nonagricultural Immigration Programs
  • Job Orders Under Employment Service Regulations
  • DOL Information: Addresses And Jurisdictions
  • Professional Recruitment Occupations From Appendix A Arranged In Alphabetical Order
  • Full SOC Definitions For Occupations Surveyed By OES In SOC Code Order
  • Stratifying Occupational Units by Specific Vocational Preparation (SVP) By The National Center For O*NET Development Employment Security Commission
  • Background On Development of Appendix A for Professional Recruitment Occupations From Occupational Outlook Quarterly, Vol 39, No. 4
  • 29 CFR 18 - Hearing Procedure For BALCA
  • Federal Litigation Resource: The Lawyer's Guide To 212(a)(5)(A): Labor Certification From 1952 To PERM By Gary Endelman
Table of Contents Part 5: CD-ROM Reference Materials

  • The PERM Rule
  • State Workforce Agency (SWA) Prevailing Wage Forms
  • 2005 OES Wage data
  • Links to SWA job order web sites
  • Professional Recruitment Occupations From Appendix A arranged in alphabetical order
  • Full SOC Definitions for occupations surveyed by OES In SOC Code Order
  • The North America Industry Classification System (NAICS)
  • Active GALs in labor certification cases
  • Occupational Projections and Training Data 2004-2005 Edition
For more info on THE PERM BOOK (2005-2006 edition), and to order, please see here. (Purchasers will receive a free copy of the first issue of PQ: The PERM Quarterly.) For more on PQ: The PERM Quarterly, and to subscribe, please see here.


The Debate Right, Left And Center
Frank Sharry of the National Immigration Forum writing for New American Media says "A new center of political gravity is emerging."


LIFE Act Trumps 212(a)(9)(C)(i)(I)
In Padilla-Caldera v. Gonzales, No. 04-9573 (10th Cir. Jun. 19, 2006), the court said that Congress meant the LIFE Act to trump the permanent-bar provisions of 212(a)(9)(C)(i)(I).


Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen, & Loewy, LLP, a global immigration law firm seeks 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

Case Management Technology
At ImmigrationTracker our clients say it best: "Our criteria for choosing a solution were simple: I wanted an integrated system that was powerful but easy to use. The fact that many of my most respected colleagues use Tracker made the decision a no-brainer" Steve Clark, Managing Attorney, Flynn & Clark. While other vendors talk about bells and whistles, we talk about our track record: 13 Past AILA Presidents, 18 of the 25 largest immigration firms and thousands of immigration professionals who rely on ImmigrationTracker. While others talk about building and customizable systems, we partner with AILA's best attorneys and build it for you -- so you don't have to. If you have been promised the moon but have been left with cheese, give us a call and find out why more firms trust Tracker than anyone else. Call us for a free guided demo at 1-888-466-8757 ext. 278 or email or visit us at

EB-5 Investor Program
An investor 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 the American Life EB-5 Investor Green Card program in the Seattle Regional Center gives your accredited investor clients speed and freedom. Speedy conditional green card approval, typically in about 1 year. Freedom to 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. American Life Inc. manages over 20 properties - over 1,000,000 sq. ft. The oldest active Regional Center, projects range from $5 million to more than $20 million. Want to know more about the immigration benefits of American Life's EB-5 program? 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. For more information visit American Life's website,


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.

New West Coast Office
The Law of Garmo & Associates, P.C. of Michigan is pleased to announce the opening of an office in the San Diego area in California. The Michigan office will continue to provide services to clients. Steven N. Garmo will see clients at both Michigan and California offices on an appointment basis. The new San Diego office is fully operational and ready to serve the needs of the immigrant community in the West Coast. The office is located at: 124 W. Main St, Suite 200, El Cajon, California, 92020, Tel: (619) 441-2500, Fax: (619) 631-6444.


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:
Some ID readers have suggested that I explain my views about the H-1B program further. First, if we want the program to work, we should increase or remove the annual cap. It makes no sense to have the visas run out each year in a matter of weeks. Second, immigration examiners should stop wasting time and the taxpayers' money by endless nitpicking over whether a particular position is a specialty occupation. A little common sense, not an obsession with trying to read Delphic Oracles such as the OOH, would produce more reasonable and quicker answers most of the time. If someone has a bachelor degree, the presumption should be that the person is being hired for a "specialty occupation". If this is not true in a given case, the facts will usually make that clear. If we need to change the law to make this issue simpler, let's do so. Third, get rid of the vindictive and punitive employer H-1B filing fees. Most of all, we need to overcome knee-jerk hostility, at least some of which is related to the places many H-1B workers come from (let's be honest with ourselves) to highly skilled, educated foreign workers, giving rise to the the widespread myth that H-1B workers are all frauds who steal US jobs. While every government program is prone to some abuse (Social Security, anyone?) no one who really knows anything about the H-1B program can make such a false and outrageous statement. For some people, it seems that the only thing worse than an uneducated illegal immigrant who works for low wages and uses our social services, is an educated, legal one who works hard for a decent salary, pays taxes and contributes valuable skills to our economy and society.

Roger Algase, Esq.
New York, NY

Dear Editor:
On Tuesday, September 5th, the New York times reported: "As they prepare for a critical pre-election legislative stretch, Congressional Republican leaders have all but abandoned a broad overhaul of immigration laws and instead will concentrate on national security issues they believe play to their political strength ... With Congress reconvening Tuesday after an August break, Republicans in the House and Senate say they will focus on Pentagon and domestic security spending bills, port security legislation and measures that would authorize the administrations terror surveillance program and create military tribunals to try terror suspects ... A final decision on what do about immigration policy awaits a meeting this week of senior Republicans. But key lawmakers and aides who set the Congressional agenda say they now believe it would be politically risky to try to advance an immigration measure that would showcase party divisions and need to be completed in the 19 days Congress is scheduled to meet before breaking for the election." I query, "What does all this mean?" And I answer, "Politics as usual." Arnold Schwarzenegger was correct when he called California legislators "Girly men". We can see the same is true about federal legislators, to whom, as in California, political success is more important than making good law. But perhaps in this instance no action is the best action, since neither the House nor the Senate version of the immigration bills offers a workable solution to the immigration problems that face our nation. After the election, when cooler heads prevail, we can only hope for realistic legislation - legislation that, as in 1986, will either benefit or plague us for at least the next twenty years.

David D. Murray, Esq.,
Newport Beach, CA

Dear Editor:
On July 20, 2006 Immigration Daily commented on the First PERM BALCA Decision, the HealthAmerica case. I have been struggled and stuck at the similar situation for months, no clue where I shall go next. Similar to the above case, the guy in HR made a typo on the form to PERM, so my case got denied immediately on December 20, 2005. We requested (by email) for reconsideration, no response. We phoned the center, and were told to re-file everything. But the new case got denied again since the 18 month past. Reading your article, I realized that we need to appeal for this case. But we dont know how to appeal? Do we need any lawyer to help us to appeal?

A desperate person
University Name And Position Withheld

Editor's Note: You may want to contact a lawyer from our Yellow Pages listings to assist you with the matter.

Dear Editor:
Am very glad to be in this "free country". I can't measure my happiness and I feel so blessed for coming here 6 years back. Ever since I got here I didn't stop working and I never ask for any kind of assistance not even from my neighbor. But don't get me wrong please, I also need some help but I don't know How and Where to ask for help. I am very much afraid to show myself just like others, am one of those million hiding my whole identity for the sake of not being caught. People like me is willing to take any kind of job as long as it will save us from hunger and be able to help our family back home. One thing that I do not understand is why is it that the citizens of this country is refusing to accept us. They can't stop wanting us to leave this country but what they don't realized is that most of the things that they do enjoy from daily basis is coming from our sweat. They think were like disgusting rats sucking out all their benefits but we don't. We are actually like ants works for the queen. We don't ask for any especial attention we want a little compassion in respect to all the things that we give for this country. Give us a chance to leave like normal people and be able to help ourselves too. Please, to all the citizens of this country help us live a normal life so we could all build a better future of this country. Count Us In.


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