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Immigration Daily November 28, 2006
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Comment

Standards For Letters

The Email Experience Council recently codified a series of standards with respect to email marketing, including the spelling of "email" (without a hypen). Despite this, ClickZ, an email marketing newsletter, decided to continue to spell "e-mail" with a hypen (see editorial note at article end). This is because all periodicals use standards, and while these standards do evolve, they are what they are at any given time. We offer this example to point out that although we don't disagree with letter writers who oppose our position, it is Immigration Daily's current policy to use the suffix, Esq. to designate letters to the Editor received from attorneys. Using "Esq." instead of "Attorney at law" has the virtue of brevity which is an important consideration for a newspaper in composing headlines.

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


Focus

Your Up To Date PERM Resource

Every purchaser of THE PERM BOOK always receives an up-to-date book because included with THE PERM BOOK purchase, are all the published issues of PQ: The PERM Quarterly (currently, this means the first and second issues).

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
Every purchaser of THE PERM BOOK always receives an up-to-date book because included with THE PERM BOOK purchase, are all the published issues of PQ: The PERM Quarterly (currently, this means the first and second issues).

The Table of Contents of the first issue 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
The Table of Contents of the second issue is as follows:
  • Recently Emerging Issues By Joel Stewart
  • In-Job Experience: Why We Need It and How We Can Still Get It By Gary Endelman
  • Ask The Editor By Joel Stewart
  • Professional & Trade Journals Under PERM By Nathan Waxman
  • Joel Stewart's BALCA Review By Joel Stewart
  • First PERM BALCA Decision By Careen B. Shannon
  • BALCA's Health America Decision Doesn't Go Far Enough By R. Blake Chisam
  • Federal Court Litigation By Sam Udani
CD-ROM Table of Contents:

  • Matter of HealthAmerica, No. 2006-PER-00001 (BALCA, Jul.18, 2006)
  • Darby v. Cisneros, 509 U.S. 137, 125 L. Ed. 2d 113, 113 Supreme Court. 2539 (1993)
  • Carlson Letter On PERM Modification
  • FAQ On Public Disclosure System
  • FAQ On Extended RIR Conversion Date
  • Training And Employment Guidance Letter No. 7-06
  • Public Disclosure System from OFLC
  • Federal Register Notice on RIR Eligibility Date
  • Errata
For more info on THE PERM BOOK (2005-2006 edition), and to order, please see here. (Purchasers will receive free copies of the published issues of PQ: The PERM Quarterly.) For more on PQ: The PERM Quarterly, and to subscribe, please see here.


Article

Ten Pitfalls To Avoid With The Affidavit Of Support
Charles Wheeler writes "While the agency must still resolve some important issues that have resulted from these changes, we are now at a point where we can make some suggestions on how to complete the forms and avoid common pitfalls."


News

DOS-CBP Final Rule On Passports
The Department of State and the Bureau of Customs and Border Protection issued a final rule on documents required for travelers departing from or arriving in the US at air ports-of-entry from within the Western Hemisphere.


Classifieds

Help Wanted: Immigration Attorney
Owings Mills, MD - Murthy Law Firm (www.murthy.com) welcomes resumes from attorneys with over 3 years of experience in business immigration law.Our practice is dynamic and fast-paced. We have high standards with regard to integrity, work ethic, and quality. Successful candidates will have the ability to work both as a team member and as a team leader. They will have in-depth understanding and knowledge of the various immigration procedures and are expected to supervise paralegals and support staff. Good writing and analytical skills are required. Resume + cover letter should be forwarded to hr@murthy.com. All communication will be treated in confidence. Salary and benefits are commensurate with experience and abilities. We are an equal opportunity employer. Final interviews of candidates are at our office in Owings Mills, MD, a few minutes from downtown Baltimore, Maryland.

Help Wanted: Immigration Attorney
NYC - Hodgson Russ LLP seeks an associate attorney for our New York City Immigration Group. Our group represents multinational corporations, entrepreneurs, athletes, entertainers, scientists and specialized workers. We seek an attorney with experience counseling U.S. and foreign employers. The ideal candidate will have 3-5 years of business immigration experience. Please send cover letter, resume + law school transcript to Mariely Downey, Attorney Employment Manager: mdowney@hodgsonruss.com.

Help Wanted: Immigration Attorney
Chicago, IL - Laner Muchin, one of the nation's oldest labor law firms, has an opening for an experienced immigration attorney. Laner Muchin successfully recruits quality candidates on a national basis. Laner Muchin provides opportunities to handle challenging responsibilities and exciting projects; we have highly competitive salaries and benefits; we have an informal, unpretentious office atmosphere; and we can demonstrate an excellent record of elevating associates to partnership. This position requires excellent academic credentials, minimum three years' substantial experience in all aspects of employment-based immigration and strong case management, communication and writing skills. Spanish, Japanese, Chinese, Korean and/or other foreign language fluency a plus. The ideal candidate must be client-service focused and able to thrive in a challenging and fast-paced environment of congeniality and respect. E-mail cover letter and resume to immigration@lanermuchin.com. We are an affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Help Wanted: Immigration Paralegals
Chicago, IL - Laner Muchin, one of the nation's oldest labor law firms, has openings for full-time U.S. immigration paralegals. As part of our philosophy of providing cost effective counsel, whenever legal tasks can be done by a paralegal, the client benefits. Our paralegals have the opportunity to contribute to a growing immigration practice and do challenging work. Ideal candidates must have 1+ years of substantial experience in employment-based immigration, including substantial PERM labor certification experience. Entry-level opportunities available for global immigration specialists to manage non-U.S. visa case matters. Successful candidates must be highly motivated, detailed-oriented and have outstanding communication, case management, computer and people skills. College degree required. Japanese, Chinese, Korean and/or other foreign language fluency a plus. Competitive compensation package + excellent benefits offered. E-mail cover letter and resume to immigration@lanermuchin.com. We are an affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Help Wanted: Immigration Professional
Naples, FL - Blanco & Pelier, P.A. is an established, intimate law firm seeking a full-time legal secretary with one to two years immigration experience in the areas of family, asylum, natz, removal, appeal, immigrant and non-immigrant visas. Experience in business visas is a plus, but not required. The ideal candidate is bi-lingual in Spanish and English, articulate, an independent worker with excellent attention to details, possesses good writing skills and presents a professional image. A college degree or equivalent education is preferable but not mandatory. We are more interested in a candidate's abilities, reliability, work ethic and integrity. If you think this description fits you and would like to work in a relaxed but professional environment, e-mail a detailed and verifiable resume to: paullawson23@hotmail.com.

Help Wanted: Immigration Professional
Busy immigration law firm seeks Immigration Specialist. This position involves no client contact. We want you to prepare the case for us. You will communicate with our existing staff members who will provide intakes/info/docs and you will prepare both non-immigrant and immigrant cases. We want you to write and prepare the supporting Memo of Law or Brief as well as necessary forms, scan them back to us (final work product reviewed by firm attorneys in accordance with legal ethical standards). You will be paid on a contract basis. 3-5 years relevant experience required in immigration law as paralegal or attorney in this area of law. Projects will include, E2's, L1's/L2's, H1B's, (and RFE's as necessary), MTR's for asylum cases, EB-5's and the occasional O Visa. We want great writers/researchers. Interested candidates can be located anywhere since work is performed remotely. Send cover letter, resume + sample of your most recent cases to immigrationjob@yahoo.com (Word/Adobe formats only).

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. http://www.adnetservices-nyc.com. 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 johaina.mumtaz@adnetservices-nyc.com 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 www.adnet-nyc.com, or email us at information@adnet-nyc.com. Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


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.

Immigration Book
Becoming a Citizen: Incorporating Immigrants and Refugees in the United States and Canada By Irene Bloemraad. University of California Press, 382 pp. Paperback, ISBN: 0520248996, $21.95. http://www.amazon.com/exec/obidos/ASIN/0520248996/. Hardcover, ISBN: 0520248988, $55.00 http://www.amazon.com/exec/obidos/ASIN/0520248988/.


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:
I obviously spend most of my time far outside frame of reference described in David Murray's letters, but I get the impression from his letter (11/21/06 ID) that he does not like the 700 mile long border fence. Unfortunately, I do not understand why. I do not understand what specifically he does not like about the border fence. Perhaps his letter lost me when ridiculing the "Domino theory" as applied to Southeast Asia. I seem to recall three countries in the area falling into the Soviet orbit and Burma moving solidly into that of the Chinese after the US pulled troops out of the area, save or our mission to Thailand, which did not fall. Is his letter stating that R.L. Ranger's notion of sovereignty is a myth or that the border fence cannot work? I agree that a border wall can only mitigate illegal immigration, not stop it, just as even Israel's wall has only mitigated suicide bombing and China's wall only limited nomadic raiding across the frontier, and I am also skeptical of "economic sovereignty" as opposed to notions of clear property rights, but I would appreciate a clearer critique of the wall. Mr. Murray wields a rapier sharp pen, or keyboard, at times, and I'd like for his future letters to share his thoughts in a way I can understand.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Immigration Daily's 11/27/06 issue highlights a short article by lawyer Adam Ketcher of the Cyrus Mehta firm entitled "New York City Bar Ethics Opinion Permits Legal Services Outsourcing." The article quotes a letter of mine to this publication questioning the propriety of such outsourcing. A quick reader might assume that the headline accurately describes an authoritative holding by a bar authority. In fact, however, it is my opinion, and the opinion of several other lawyers with whom I've discussed this development, that the opinion's qualifications entirely swallow up the opinion's apparent liberality. As Mr. Ketcher's article notes: "The Committee qualified this pronouncement by requiring that New York lawyers take into account certain ethical considerations before contracting out any legal work; specifically, the Committee stated that lawyers must (a) provide vigorous supervision to ensure competent representation and to avoid aiding in the unauthorized practice of law; (b) preserve client confidences and secrets; (c) inquire into possible conflicts of interest; (d) bill clients appropriately; and (e) obtain the necessary client advance consent." It is impossible for an outsourcing lawyer to actually comply in good faith with these requirements. Therefore, this new opinion is meaningless.

Bruce A. Hake, Esq.
Damascus, Maryland

Dear Editor:
Having an international law practice, I talk with people from around the world on a daily basis. We often discuss matters of culture, politics and religion and in twenty-eight years of practice, I have learned to appreciate that different cultures often have very different viewpoints on these subjects, and that values, policies and procedures held almost sacred in America are not necessarily revered in other countries. In response to a discussion on immigration, which is a global problem, not just an American problem, Danny Lederer, a long-time friend of mine in Israel, sent me the following observation: "Countries in Europe, and also Israel, have only succeeded in combating illegal immigration through appropriate legislation, such as heavy fines for employing illegal aliens, making it impossible to receive citizenship, social services, child welfare and education, etc. The borders in Europe are completely open and yet many countries such as Switzerland have been able to control illegal immigration thru legislation. On the other hand England, which is an island (with the Navy and Air Force patrolling the sea around), and theoretically would have no problem, has not been able to control immigration because of giving social welfare to practically anyone who resides in Britain." There is no reason to build a 700-mile fence at the Southern Border, or a 3,000-mile fence at the Northern Border to stop illegal immigration. There is no way to stop terrorism. It will take place, somewhere, somehow, by a citizen, a permanent resident a visitor, for there are no borders on evil, and those who believe a 700-mile fence will protect America from terrorism are fooling themselves.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
The comments in RL Ranger's letter (11/27/06 ID) on the Second Amendment are, predictably, straight straight out of the NRA playbook and unrelated to the facts, which are these: 1. Starting with US v Cruikshank in 1876, the Supreme Court and other federal courts have directly, specifically and repeatedly ruled that the Second Amendment does not establish or protect private gun ownership rights. It operates only to prevent Congress from disarming the individual states. A few minutes of online research will prove that to anyone whose mind is not made up in advance. 2. Wikipedia and other non-judicial opinions have no legal effect and cannot undo judicial decisions to the contrary. 3. Judge Cummings' state court decision upholding the NRA's interpretation of the Second Amendment, a decision that Mr. Ranger's letters find persuasive and praiseworthy, was overruled on appeal. Even if someone is not a lawyer, he/she should know that overruled decisions mean nothing and that a state court judge cannot overrule the Supreme Court, as Judge Cummings purported to do. 4. The late Chief Justice Warren Burger, although a hunter and gun owner, once described the NRA's interpretation of the Second Amendment as one of the greatest frauds ever perpetrated against the American public.

Sid Lachter, Esq.

Dear Editor:
In response to Mr. Ranger's letter (11/22/06 ID), which said "We don't have to repeat the Indians failure to control entry which every nation has the right to do." For us, it's an example of double standard, selfishness and hypocricy. It was ok for white Europeans to "invade" the great land of native Americans for their own survival and better future, but not with those Mexicans, Asians and Africans at this present time? Europeans have colonized most of New Worlds, Asia and Africa, sucked them dry and now these rich countries want to erect borders and also trade barriers to keep those poor unwanted people out? The only way to end immigration and poverty is global economy, financial justice by committing to free trade, free movement of capital and labor globally. Human beings should not be called illegal at all and restricted to benefit from their honest and hardworking labor and talents by apartheid laws to protect selfish interests of citizens of the other parts of the planet who can't compete by their own merits. How can US businesses and people can survive global competition without being baby sitted by their politicians, that the biggest home work to be done.

Robert Yang


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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