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Immigration Daily December 29, 2006
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Saudi Princess To Be Deported

The Washington Post reports that "A Saudi Arabian princess accused of breaking U.S. immigration laws by locking up her domestics' passports and forcing them to work for low pay was ordered to be deported."

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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.


Attorney Marketing: Define A New Niche To Seize A Big Competitive Advantage When Marketing Legal Services
Trey Ryder writes "The more narrow your niche -- and the more effective your marketing program -- the more your law practice will soar. Itís no exaggeration to say that when you focus on one narrow niche, the skyís the limit."


USCIS Issues Fact Sheet On Asylum Travel
USCIS issued a Fact Sheet describing "the relevant statutes and regulations regarding traveling outside the United States as well as the consequences that could result if an asylum applicant, an asylee, or a lawful permanent resident who obtained such status based on his or her asylum status returns to his or her country of claimed persecution."


Help Wanted: Immigration Attorneys
Fragomen, Del Rey, Bernsen & Loewy, LLP seeks three mid-level associates to join its research and policy group in its New York and Washington, DC offices. The NY position requires 3-5+ years of business immigration experience, a proven track record as writer on immigration issues, and the ability to work under pressure. The DC positions require 3-5+ years of business immigration experience, policy analysis background, excellent writing skills, and knowledge of legislative and regulatory process. Experience on Capitol Hill, in an immigration agency, or with an advocacy/policy organization a strong plus. Superior academic credentials, excellent verbal, written, and interpersonal skills required. EOE. Please submit cover letter, resume, law school transcript, and writing sample to: Jacqueline V. Guynn, Esq. Recruiting Manager, Fragomen, Del Rey, Bernsen & Loewy, LLP, 99 Wood Avenue South, 10th Floor, Iselin, NJ 08830.

Help Wanted: Immigration Paralegal
Hughes Socol Piers Resnick & Dym, Ltd., a 30 attorney Chicago firm, seeks paralegal to join its immigration practice group. Our practice serves a diverse clientele with business, family, and removal immigration services. Ideal candidate must have 1+ years of substantial experience in any of the following: employment-based or family-based immigration and/or removal/deportation defense. Successful candidate must be highly motivated, detailed-oriented and have excellent written and oral communication, case management, and computer skills. Spanish or Arabic fluency preferred. Please email resume + cover letter explaining interest to:

Case Management Technology
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EB-5 Investor Program
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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:
I agree with most of what you said in your comment in ID 12/28/06, but the statement "every family chain must begin somewhere, and it usually begins with a labor cert; seen in this light, labor certs are best understood as the foundation for all family immigration" makes absolutely no sense.

Jeffrey A. Feinbloom, Esq. Feinbloom Bertisch LLP
New York, NY

Dear Editor:
It is believed that the main purpose of the requirement of labor certificate when employing professional foreign workers is, in fact, to protect American workers from being unemployed (ID 12/28/06). This certificate is to be issued only after DOL believes that American workers are not passed over or displaced in favor of foreign workers. But, it is reported that DOL is issuing certificate very easily to the employers without any deep investigation on the applications filed by employers. It does not seem to have sought whether there were any applications from American workers for vacancies or the reasons why they were rejected. Moreover, DOL and CIS also do not seem to have asked employers even to submit a list of applicants that applied for vacancies. When the application for working visa is filed by the employer, DOL as well as CIS do not seem so serious to look into the application as to why the job that is being given to the foreign worker, is not made available to American worker. It is saddening to note that employers do not submit to CIS and DOL a list of American applicants that applied for the vacancies at the time of filing petition nor show any reasons why they are rejected. Therefore, the employers who seek to hire professional foreign workers are to be made to submit to DOL and CIS a list of all applicants with their telephone numbers and addresses. Furthermore, the name, phone number and address of all employers that seek working visa in favor of professional foreign workers should also be listed on the Internet. This will help American workers to find where the vacancies are available. It is also high time that DOL should set up a publicly accessible web page that provides jobs available throughout the US.

S. Salike

Dear Editor:
ICE creates a detention center specifically for families to ensure that parents and children apprehended are not separated, or detained separately, pending their imminent removal together to their home countries, and this is decried as somehow inhumane? Advocates are quick to invoke "family unity" as a high priority, usually in support of immediate release of apprehended illegal families. Does "family unity" not count when a family faces imminent deportation, or when the family will or should be returning together to their home country? Traditionally, a parent or family member caught upon their illegal entry with a child has enjoyed an almost special status of practically unconditional release within the community, never to be seen again, which is surely what the editorial in the Austin American Statesman advocates (ID 12/20/06). Experience has proven that arbitrarily releasing most families with a promise to appear in court does not work, and only serves to entrench them into the community, virtually guaranteeing that their removal, separately or together, will rarely, if ever, be effected. This facility was apparently built to support the end of catch-and-release, and the expanded use of "expedited removal" in Texas, meaning most detainees who have no right or claim to remain in the US are simply awaiting their quick and enforced deportations. Temporarily holding deportable families iin ICE family detention centers seem to be the best and most effective means of accomplishing removal while ensuring family unity, and will ensure and enforce the quick repatriation and enforcement of laws illegals are subject to, regardless of age or parental status. If the parents find their expectations drastically changed, and these temporary living conditions inconvenient and unpleasant, perhaps word will get back to their home countries, and a parent might think twice about how their actions and decisions will ultimately affect them and their children.

L. Smith

Dear Editor:
As someone who spent about 27 years trying to enforce the immigration laws, I'd like to disagree - repectfully, of course - with a couple points in Mr. Murray's letter (ID 12/28/06). First, I don't think we need any more laws; what we need is a will to enforce the laws that are "on the books". No law is, or will be, "effective" unless it's enforced. If Congress wanted to do something useful (that's theoretical, of course) they could pass legislation to provide for some form of secure ID that employers and enforcement agents could use. Second, Mr. Murray says that the "true problem lies with the U.S. employers" of illegal aliens. Most of us "restrictionists" agree that "employer sanctions" is a very important part of immigration enforcement, and we're all for prosecuting employers who "knowingly" hires illegal aliens. But I believe there are a lot of other folks as "guilty" as employers for the mess we're in - people who "enable" the illegal aliens and their employers - the "lazy Congress" that Mr. Murray mentioned; the present administration and almost all others before it; the "do-gooder" organizations who assist illegal aliens; and the bureaucrats in charge of DHS, CBP, ICE, etc. The bureaucrats are much like flags; they look to the White House to see which way the "wind is blowing" and that's the way they go. Enforcement takes a back seat to their careers. Unless and until this country reaches a consensus on what it wants to do about immigration, passing more laws and punishing one group of people isn't going to change much of anything.

Baileyville, ME

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