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Immigration Daily October 11, 2006
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USCIS Chief Counsel Divine Announces Departure

USCIS Chief Counsel Robert Divine has announced that he will be stepping down, effective November 17, 2006. Robert Divine cited family reasons for his departure in a release to USCIS colleagues. We thank Robert Divine for his efforts at USCIS and wish him the best upon his return to private immigration law practice.

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.


Immigration And Usurpation: Elites, Power, And The People's Will
Fredo Arias-King for the Center for Immigration Studies writes "Why are politicians so keen on mass immigration while the common American is not? This has perplexed analysts."


DOL Issues Information On RIR Conversion Extension
The Office of Foreign Labor Certification (OFLC) of the Department of Labor published a final rule in the Federal Register on the extension of the application date for employers who wish to convert their traditional recruitment applications to RIR applications. For the Federal Register notice of the final rule, see here. For the FAQs dated October 6, 2006,see here. For the related Training and Employment Guidance Letter, see here.


Help Wanted: Immigration Paralegal
New York, NY - Exceptional and challenging career opportunities available for you at Fragomen, Del Rey, Bernsen, & Loewy, LLP a global immigration law firm. Ideal candidate will have 2+ years of business immigration experience and will be able to work in a high-volume case processing environment. Candidate will have extensive client contact and will utilize case management and billing systems to prepare, track, and manage cases in process. College degree, MS Word, and Windows 2000 required. The firm offers highly competitive salaries and excellent growth opportunities. All qualified candidates, please send resume and salary history to EOE.

Help Wanted: Immigration Attorney
Midtown Manhattan, NY- New York Immigration law firm specializing in medical immigration matters. Seeking an associate with a minimum of two years experience in immigration law, including preparing and filing O-1, EB1, H-1B, PERM and family based cases. Must have strong research, writing, communication skills and the ability to supervise others. New York State bar license required. E-mail cover letter, resume, writing sample and salary requirements to:

Help Wanted: Immigration Attorney
San Jose, CA - Littler Mendelson's Global Corporate Migration Group ("Littler Global") is a multicultural, transnational, full - service corporate migration law practice providing migration solutions for global companies around the world. Seeks associate with 3-7 years of immigration law experience. Candidate should possess excellent academic credentials and should have substantial business immigration experience. If you are interested in applying for this position, please submit your resume online. Please reference Littler Global in your application. We offer a generous benefits package to all full-time employees. Littler Global is proud to be an equal opportunity employer. No telephone calls please. No Recruiters-principals only.

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

Help Wanted: Immigration Attorney
Valley Stream, NY - New York business law firm representing individuals, families and businesses across the US and abroad in immigration matters (NIV: H, L, E, TN, etc; Labor Certs; IV: EB 1/2/3, etc; family) seeks entry level associate. Must have strong research and writing skills. New York State bar license required. Competitive compensation package offered. Please send resume + writing sample to Olga Petrova, Office Manager, Guttikonda Law Firm, PLLC, 195 Rockaway Avenue, 2nd Floor, Valley Stream, NY 11580 or mail to:

Back Office Services
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/calendaring, clerical & archival. Adnet Services, Inc. Headquartered in New York City, Adnet Services 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 or call 212 406-3503 ext 224.

PERM Services
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


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.

Immigration Event - Los Angeles, CA
The Los Angeles County Bar Association invites you to its second International Diversity Celebration on October 14, 2006, 6 p.m. at the Omni Hotel, downtown Los Angeles. Awards will be presented to US Senator Edward Kennedy, US Congresswoman Hilda Solis, O’Melveny & Myers LLP, the Directing Attorney of LACBA’s Immigrant Legal Assistance Project, Mary Mucha and Executive Assistant to the LA District Director of CIS, James DeBates. The celebration features cultural performances (Brazilian samba and Middle Eastern belly dancing), international cuisine, music and dancing. Register here by October 12th. ILW.COM is a media sponsor for this event.


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:
Upon emerging from my all too brief self-imposed silence, I was surprised to find that all the other ID readers seemed to have lost their voices as well, with no letters posted for two days in a row. Since it is rather unlikely that this could be due to any sudden resolution of the debate over immigration, I can only assume that the Mark Foley scandal must have taken every one's breath away. On this point, I would like to comment that the Republican gay-bashing chickens which, along with some alleged hanky-panky against minority voters in Ohio, may have helped President Bush get reelected in 2004, are coming home to roost. Big time, as Vice-President Cheney once said in a somewhat different context. Without in any way making excuses for either Foley or the House leadership, I would also like to mention that things could be even worse for the House Republicans. Suppose, for example, that Foley had been caught doing something even more scandalous, such as sending out emails in support of more H-1B visas for Asian computer professionals or, even more horrible to imagine, a legalization program for EWI immigrants from Mexico. Then the House Republicans would be in a genuine, instead of what bears all the signs of being a politically expedient, state of shock.

Roger Algase, Esq.
New York, NY

Dear Editor:
OIS (Office of Immigration Statistics) has recently published a report saying that there were 10.5 million illegals in Jan. 2005, and out of them six million were Mexicans and the rest were from different countries of the world. After Mexican illegals El Salvador and Guatemala come to 2nd and 3rd position respectively. There are also a great number of illegals from India, China, Philippines and South Korea. Furthermore, it says that there is an increase of 408,000 illegals in every year. It can be presumed that all Mexican illegals entered the US through open border, but the rest which is about 40% seems to have entered through air or sea ports. Because of long open border it may be very hard to control Mexicans sneaking in the US. But, at least those persons who enter through air or sea ports and later become illegals, can be apprehended. The laxity of action on these illegals is helping grow number of illegals. It is high time that we should take necessary and proper action to stop annual increase of illegals.

S. Salike

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X