The DOL Circus
DOL's attack on the country's largest immigration practice (see our previous
comment) calls for an examination of the central horror in DOL's
gobbledygook a/k/a the labor certification system - the so-called
"recruiting" component of the labor cert process. DOL's invention of the
"recruiting" process at 20 CFR 656 is a circus created entirely from DOL's
imagination. The plain language of the statute at 212(a)(5)(A) neither sets
forth nor permits a recruiting charade that DOL has imposed on both US
employers and US workers alike. It is DOL that defrauds US workers into
thinking that there is a job opening for US workers in a labor cert case,
when in reality, no employer would go thru this Alice-in-Wonderland process
without wanting a specific alien to fill that position (indeed DOL's own
forms have always required the employer to specify an alien beneficiary).
The "recruiting" process in labor certs can reasonably be interpreted only
as a test of the labor market, during which an alien can be disqualified for
the opening by a US worker, but during which no US worker can be qualified
for the job by the US employer. This is so because of DOL's concept of
"diversion", which forbids a US employer from employing a US worker during the labor market test, upon
pain of losing the alien worker. DOL believes
our labor market to be a zero sum game pitting the interests of US workers
against alien workers (half of the country's unions disagree with
this paradigm - the Change To Win unions seceded from the AFL-CIO largely
over the zero sum paradigm and immigrant workers). (In the labor cert
context, DOL truly lives on another planet where US employers do not
frequently change their minds on job requirements based on the pool of
candidates responding to the employer's ad, so the entire basis of
"diversion" - a US worker qualifying for an opening - is suspect since the
opening itself and the qualifications therefor are dynamic, not static.)
The true fraud here is DOL's concept of "success" in the labor certification
system. DOL has openly stated (in ETA's response to the infamous OIG audit
of about a decade ago, see The Lawyer's Guide to 212(a)(5)(A)) that its index of
success in the labor cert program is the denial rate. Repeat, the denial
rate is DOL's index of success. In other words, a single certified PERM
application is DOL's proof that US workers are being defrauded out of a job.
With such a perverted definition of fraud, it is small wonder that DOL sees
fraud anywhere it looks.
The sad part in DOL's attack on the bar is that employers who hire virtually
no US workers at all (a/k/a body shoppers) usually do have their in-house
immigration attorney as the "employer's representative" within the meaning
of 20 CFR 656.10(b)(2)(ii), so they can with impunity assist the US employer
actively in disqualifying US workers with abandon. DOL's enforcement
priorities are seriously skewed if such is the type of US employer that
DOL's actions would encourage. In its new mode of "trial by press release",
DOL appears to be acting in the discredited spirit of Eliot Spitzer.
Fortunately, the immigration bar has grasped that this is not just an attack on
one firm, but is an attack on all lawyers trying to grapple with the labor
cert beast (the 9089 form has the lawyer's FEIN number!).
Of one thing we are sure: there will be more to come in this saga, stay
tuned to Immigration Daily!
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Deadline Is Tuesday, June 10th For Options For EB-5 and
Tuesday, June 10th is the deadline for the June 12th phone session of
"Options For The Wealthy Client" (discussion leader: H. Ronald Klasko). The
curriculum is as follows:
The deadline to sign up is Tuesday,
June 10th. For more info, including
speaker bios, detailed curriculum, and registration information, please see:
(Fax version: http://www.ilw.com/seminars/may2008.pdf).
- Comparing EB-5 and E-2
- Amount of investment
- Type of investment
- Employment creation
- Source of funds
- Involvement of investor
- Comparing regional center and individual EB-5 investment
- EB-5 litigation issues
Investors And Entrepreneurs: Immigration Options
Lincoln Stone, et al. shares the citations for this seminar series.
Our Own Mad Clockwork
Robert Zimmerman for the Foundation for Economic Education writes "Economic forces alone do not explain the birth of slavery in America."
To submit an Article for consideration, write to firstname.lastname@example.org.
DHS Publishes Interim Final Rule On Electronic System for Travel Authorization
DHS published an interim final rule on the changes to the Visa Waiver Program to implement the Electronic
System for Travel Authorization (ESTA) Program.
Executive Order Requires Federal Contractors To Use E-Verify System
Whitehouse released an executive order requiring federal contractors to use an electronic employment eligibility verification system.
DOJ Releases Audit Report On FBI Name Check Procedures
DOJ's Office of Inspector General released an audit report on FBI's security check procedures for immigration applications and petitions (redacted for public release).
Help Wanted: Immigration Paralegal
New York, NY - Bretz & Coven, LLP, a fast-paced Manhattan immigration law
firm, seeks experienced paralegal able to speak English and at least one
other foreign language (Hindi, Spanish, Creole French, etc.). Qualified
candidates must have 2+ years of diverse immigration
experience. The position requires heavy contact with clients. Requirements
for this position include strong written and oral communication skills,
attention to detail, organizational skills, ability to meet deadlines,
interpersonal skills, team-mindedness, customer service skills, PC skills,
ability to handle multiple tasks at the same time, and ability to work under
pressure. Please e-mail your resume, salary requirements & writing sample
Help Wanted: Immigration Paralegal
Lexington, KY - Stoll Keenon Ogden PLLC, a large Kentucky law firm, seeks employment-based immigration
paralegal/case manager. Position requires strong organizational, writing, communication, and computer skills. Experience preferred in H-1B, L-1, PERM, and I-140 cases. Spanish or Japanese language skills considered a plus. Salary commensurate with experience. Competitive benefits. Great work environment. Please email your resume and salary
requirements to email@example.com. EOE.
Help Wanted: Immigration Attorney
Cerritos, CA - The Chugh Firm, a mid-size law firm, seeks business immigration attorney with a minimum of 3 to 5 years experience in employment-based immigration. Email
resume to firstname.lastname@example.org.
Experienced immigration specialist seeks immigration contract work for immigration law firms on a
telecommute basis. Possess 10+ years experience in law firm environment
and corporate environment managing the immigration department with primary
responsibility for all phases of immigration processing and administration.
Provides a wide range of immigration support services to immigration
attorneys and organizations including, but not limited to: preparation of
all IV and NIV documents and support letters (B, H, E, L, TN, O, P, PERM and
PR), onsite I-9 and Public Access File auditing services to ensure corporate
compliance with labor and immigration regulations, and coordinating visa
applications requiring host-country filings. Resume, writing sample, and
references available upon request. Email: email@example.com.
Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at www.inszoom.com/websites or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.
Report: FBI's Immigration Checks Too Slow
FBI background checks of potential U.S. immigrants are slow and unreliable, the Justice Department's internal watchdog agency said in a highly critical report Monday.
States Take New Tack On Illegal Immigration
Three months after the local police inspected more than a dozen businesses searching for illegal immigrants using stolen Social Security numbers, this community in the Florida Panhandle has become more law-abiding, emptier and whiter.
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"Visions and Divisions: American Immigration Literature, 1870-1930" Tim Prchal (Editor) and Tony Trigilio (Editor) , Rutgers University Press , USA, 379 pp. Paperback, ISBN: 0813542340, $26.95
Readers are welcome to share their comments, email: email@example.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.
Robert Yang's letters often refer to "globalization," and they makes a good point. There is no doubt that in the 21st century we live in a rapidly globalizing world. China is an important business partner with the US. In 2007, China-US trade hit a new record of 302.08 billion dollars, which was over 120 times as much as the trade volume when our countries established diplomatic relationship (2.4 billion dollars) in the 1970's. China is America's second largest trading partner and vice versa. China is the fastest growing export market for the United States, while the United States is China's biggest export market and sixth largest source of import. US total goods export increased by 32.6% in the period from 2000 to 2006. US export to China grew by 341% in the same period. With accumulated paid-in investment in China exceeding 56 billion dollars, funding a total of 54,595 projects as of the end of November 2007, the US continues to be China's biggest source of foreign investment. At the same time, direct investment from China in the United States also continues to increase. China-US trade and economic cooperation have brought real benefits to the two countries and peoples. According to the estimation of Morgan Stanley, about 4 to 8 million job opportunities in the US are related to trade with China. The quality yet inexpensive products from China satisfied the consumer demands in the United States and saved the consumers roughly 600 billion dollars in the past decade. With globalization will come the need to shift personnel between trading partner nations. Let us hope the US Congress will recognize this globalization and open up employment visa categories so that they correspond with needs that benefit the US economy.
David D. Murray, Esq.
Newport Beach, CA
There is such an unjust opinion perpetrated by the news media about immigration and US policies regarding the situation we are in right now. It is so hard to get anyone to tell the truth about "illegal aliens". I live in Texas and I would hate to think that ICE would send all of them home to wherever they came from.
We are graduating undocumented students right now that cannot get a social security card, that have to go back to their home countries when they finish college. Their parents brought them here illegally, they went to school and the State of Texas has a house bill that says they can go to college on instate tuition. We educate them and send them out of the country to a place they have never lived for goodness sake..
Someone with some sense has to get a handle on this matter. We need immigration of all kinds, for the Ph.D. and the unskilled worker. Anyone who has demonstrated a willingness to work and held a job should be able to stay here..
This whole issue has now gone insane. We are a nation of great thinkers and we cannot think our way out of a paper bag over these immigration issues. Yes, there are many issues unresolved surrounding immigration, not just one issue but many! Where did all the smart people go?
Carolyn J. Williams
I am not surprised but feel helpless in the face of complete misunderstanding of the facts by Mr Tim Houghtaling letter (06/09/08 ID) and the other like minded Americans who refuse to understand the difference between legal immigrants, non-immigrants and the "undocumented/illegal" immigrants. My letter (06/06/08 ID) was completely focused on problems being faced by completely legal immigrants/non-immigrants. With the new rules, Visa Officers have 'presidential'-like powers and feel emboldened by the rhetoric back home to become the judge-jury and the executioner at the single window of an american consulate. I have Masters in engineering from US, I was working perfectly legally in the US for the last about 5 years and had been to consulates at least twice before to get my H1B visa stamped. Also in the last about 7 years I have been in US I have had no criminal cases against me and I don't have any criminal case against me in any other country. I have only had 1 speeding ticket in my entire life. This time when I went to my home country to see my ailing parents, I decided to get the visa stamp. In my case I was just trying to ensure that I could travel legally in future in case of a family emergency. Today, I been stuck in my home country for the last over 5 months, I have been unpaid for the last 3 months, I am still required to pay my apartment rent, utilities, insurance, and other bills, I have lost my position in a very important project of my career in my company, my parents are cursing themselves and the day I came to see them because of their ill health. This is a human tragedy that the letter refuses to understand and acknowledge.
Mr. Houghtaling's letter (06/09/08 ID) is correct that for the first time in decades, the immigration laws are being enforced as written. I wonder if they will prove to be like cap and trade carbon emission systems, almost universally popular in theory but decidedly unpopular in practice. As for Mr. Roberts' letter's (06/09/08 ID) worries about Aztlan and all that, lots of students and perhaps even more of their professors supported the evil side in the Cold War, or at least professed neutrality in it. We still won. One can easily be fooled into thinking that the rants of civics teachers or even the humanities departments at major universities matter beyond the margins. Aztlan isn't going to happen any-time soon. Even Spanish illiterate Oaxacans are assimilating faster than Italians, or arguably the Catholic Irishmen of old . By far the majority of even illegal immigrants want to work, not conquer. Besides, the political activism of the second generation, like that of other immigrant groups, tends both to be a one-off thing AND to get weaker as it learns more about the realities of the "homeland" it never knew. Yes, La Raza is a creepy part of the fascist national identity movements of the 1920-40s, but no, it isn't an existential any more than the Italian Communist Party is nowadays. It has been tamed as effectively as West European Social Democrats have been. Social Democrats kept claiming allegiance to genocidal Marxism until the 1980s just as Mayor Villiaragosa pays false homage to Aztlan. Los Angeles' mayor also took an oath of office that contradicts all the barmy Aztlan ideas he pretends to be friendly towards. America has tremendous assimilationist power, despite the best efforts of many of our public schools.
I read of long time on this site. but i think more people from US dont know what the senators did in time the clinton president. what they did. Bill Clinton apove law's for old Rusian's and Ukrainian's to come in this country and they dont do nothink for this country. they come there and stey on the walfer and they have food stmps. free, housing free. this people work for cash and reis the money and buy prorietes in the pleiss from where they come there in usa. i know exactly what they did. they dont learn english language, they dodnt do nothing for this country. AND. it's fair? why some yung family who try to have a good life there and work and pay taxes for this country no it's aprove to remain there? who it's an immigrant , or who it's a native there? the true it's that. gest the indian's are native there. every body who it's white was an immigrant at his time. but the problem is. the white people are racist's and they think have right to made the law's for ather immigrants there. sorry for my english , but i learne this language gest from TV, Radio from my car and from street. by coz this is the law in this country.
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