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Immigration Daily June 17, 2008
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28000

After a week's hiatus (due to the DOL circus, still ongoing), we return to reporting the increase in readership to Immigration Daily due to the merger with Immigrants Weekly - our circulation is now over 28,000 subscribers. Here's what this increased reach offers readers, authors and advertisers:

Authors: More subscribers equals more opportunities to educate and promote your practice. Scholars no longer have to choose between writing to educate the bar and writing to be noticed by potential clients. Get a twofer with Immigration Daily!

Advertisers: Greater reach equals greater results. Immigration Daily is the most effective way to reach immigration professionals online.

Readers: More readership equals more content. More articles, more announcements, more letters - the Immigration Daily community continues to thrive.

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


Focus

THE PERM BOOK, 2008-2009 Edition, Shipping Now

ILW.COM is pleased to announce THE PERM BOOK, 2008-2009 Edition is shipping now. The book outline is as follows:

PART I. PERM RULE, ANALYSIS, AND COMMENTS

A.  PERM Regulation
B.  Articles by PERM Writers

  • 656.1 Preparing PERM for 2nd and 3rd Preference by David Nachman and Ludmila Zimovcak
  • 656.3 SVP: Discrepancies between the O*Net and the DOT by Lori S. Melton
  • 656.3 The Method By Which the Bureau of Labor Statistics Converted the DOT Occupations into the OES Occupational Units or "Here's Another Nice Mess You've Got Us Into by Barbara Brandes
  • 656.10(a)-(c) The Basics of Labor Certification Under PERM : What You Need to Know Before You Start by Jeffrey Devore
  • 656.10(b) Rights and Obligations of Attorney and Agents Under PERM by Nancy-Jo Merritt
  • 656.10(c) Dangers in the Attestation Process by Ramon Carrion
  • 656.10(c)(10) What is "Permanent" and "Full-Time" Employment by Timothy Spridgeon
  • 656.10(d), (e) Deconstructing PERM Notice Requirements by Susan J. Cohen
  • 656.10(f) Preparation of PERM Recruitment Report and Supporting Documentation by Carl Shusterman and Alison Walters
  • 656.11 Is Employer "Substitution" Under PERM Dead? by Christian Allen
  • 656.12 Prohibition on Payment of Attorney's Fees by Paull Hejinian
  • 656.15(a)-(c) Step-by-Step for Schedule-A Applications by Sherry Neal
  • 656.15(d) Aliens of Exceptional Ability in the Performing Arts by Howard Kushner
  • 656.17(a)-(d) Filing, Withdrawing, Refiling, and Tracking PERM Cases by Katherine Lopez Ley and Davis Bae
  • 656.17(e)(1)(B)(1)(4) Professional and Trade Journals Under PERM by Nathan Waxman
  • 656.17(e)(1)(I) Regular Recruitment by Nancy-Jo Merritt
  • 656.17(e)(ii) PERM Labor Certification Professional Recruitment Steps by Edwin R. Rubin
  • 656.17(e)(l)(ii)(A) Note on Online Job Fairs by David Nachman
  • 656.17(g)(1) Regarding Recruitment Reports by Leon Wildes and David Lazaar
  • 656.17(g)(2) Ethics: What Do you Do When A Qualified US Worker Applies? by Blake Chisam
  • 656.17(h)(1) Business Necessity: "Necessary Arguments" by Sofia Zneimer
  • Prohibition on Payment of Attorney Fees by Paul Hejinian
  • Labor Certification Determinations by Rebecca Sigmund
  • Ethical Issues: Fraud, Misrepresentation, Validity, Invalidation & Revocation by Richard Tasoff
  • Alien Influence and Control by Robert Banta
  • Actual Minimum Requirements & Experience Gained on the Job by Rohit Turkhud
  • Nurses and Healthcare Professionals by Sherry Neal
  • Job Duties, Restrictive Requirements, and Business Necessity by Sofia Zneimer
  • 656.17(h)(3) Combination of Occupations under PERM by Nathan Waxman
  • 656.17(h)(4)(ii) The Impact of PERM On Experience Gained on the Job and Alternative Experience by Nathan A. Waxman
  • 656.17(h) Requiring a Foreign Language under PERM by Cyrus D. Mehta
  • 656.17(i) Nuts & Bolts: Actual Minimum Requirements & Experience Gained on the Job by Rohit Turkhud
  • 656.17(i)(3) In-Job Experience: Why we Need it and How We Can Still Get it by Gary Endelman
  • 656.17(k) How Do Layoffs Affect PERM? by Margaret McCormick and Patricia Luna
  • 656.17(l) As If You Owned the Place…Alien Influence and Control Over the Labor Certification Process by Robert E. Banta and Benjamin M. Lowe
  • 656.18 College and University Professors: A Hybrid Between Special Handling and PERM by Victoria Donoghue
  • 656.19 Domestic Workers: At Home and on the Range by Susan L. Brady
  • 656.20 How PERM Cases are Selected for Audit by Christina B. LaBrie
  • 656.20(c) Requesting Extensions of Time to Respond to Audit Requests by Jonathan Amdur and Susan Anderson
  • 656.24 The Who What When Where of Labor Certification Determination by Rebecca Sigmund
  • 656.24(b)(2)(i) What You Do After the Ads Have Been Run? Resumes, Interviews, and Results by Edwin R. Litwin
  • 656.26 Appeals/Requests For Review Under PERM by Joan Mathieu
  • 656.27 Preparing Requests for Review with BALCA by Mitchell L. Wexler and J. Ira Burkemper
  • 656.30-31 Fraud, Misrepresentation, Validity, Invalidation and Revocation by Richard Tasoff
  • 656.32 Revocation of Labor Certification by Michael Piston
  • 656.40-41 Prevailing Wage Determinations Under PERM by Lawrence Rudnick

C.  Editor's Comments to the PERM Rule

PART II. FAQ, STAKEHOLDER & LIAISON MEMORANDA

A.  Frequently Asked Questions (FAQ) by Lawrence Rudnick
B.  Summary of DOL PERM Stakeholders Meetings by Lorna Rogers Burgess
C.  Frequently Asked Questions

PART III. ETA FORMS, OLD AND NEW

A.  The New 9089 PERM Form by Linda Rose
B.  What DOL told OMB about PERM by Jay Solomon
C.  New ETA Form 9089 and Instructions, Application for Permanent
     Employment Certification
D.  Old ETA Form 9089, Application for Permanent Employment Certification
E.  Old ETA Form 9089, Instructions
F.  Old ETA Form 9089 Electronic Filing Instructions
G.  ETA Form 750A
H.  ETA Form 750B
I.    ETA Form 750 A and B, Instructions
J.   ETA Form 9127, Foreign Labor Certification (FLC) Quarterly Activity Report

PART IV. ROADMAPS AND CHECKLISTS

A.  Overview of PERM Cases
B.  Overall PERM Flow Chart
C.  Employer Checklist
D.  Alien Checklist
E.  Job Offer Checklist
F.  Attorney/Agent Checklist
G.  Prevailing Wage Preparation Checklist
H.  Prevailing Wage Quick Guide
I.   Recruitment Checklist
J.  Express SVP Checklist
K.  PERM Audit Checklist: 10 Important Points
L.  Real and Virtual PERM Addresses
M.  What do PERM and H-1B Visas Have in Common?
N.  Attorney Competency Self-Test
O.  Sample PERM Cases
  1. Job Zone Five, IT Director
  2. Job Zone Five, Economist
  3. Job Zone Four, Consultant, Foreign Law
  4. Job Zone Four, Accounting Coordinator
  5. Job Zone Three, Tile Installers Coordinator

PART V. BALCA HANDBOOK

A.  Introduction to BALCA by Joel Stewart
B.  BALCA PERM Quick Reference Guide by Joel Stewart
C.  BALCA En Banc Quick Reference Guide by Joel Stewart
D.  BALCA Hearing Procedures

PART VI. FEDERAL LITIGATION GUIDE

A.  Introduction to Federal Court Litigation by Sam Udani
B.  Exhaustion of Administrative Review by Michael E. Piston
C.  Federal Court Litigation-PERM by David B. Pakula
D.  Sample Pleading by Michael E. Piston

PART VII: PREVAILING WAGE REVIEW

A.  Prevailing Wage Survey & Overview by Jane Goldblum
B.  Wage Worksheet Simple Systems 1 by Jane Goldblum
C.  Wage Worksheet Simple Systems 2 by Jane Goldblum
D.  656.40 Perm Reg. Determination of PW
E.  656.41 Perm Reg. Certifying Officer Review of PW
F.  Prevailing Wage FAQ
G.  Appendix A By Alphabetical Order
H.  Appendix A By SOC Classification Order

PART VIII: SWA SUMMARY STATE BY STATE

A.  Alabama
B.  Alaska
C.  Arizona
D.  Arkansas
E.  California
F.  Colorado
G.  Connecticut
H.  Delaware
I.   District of Columbia
J.  Florida
K.  Georgia
L.  Guam
M.  Hawaii
N.  Idaho
O.  Illinois
P.  Indiana
Q.  Iowa
R.  Kansas
S.  Kentucky
T.  Louisiana
U.  Maine
V.  Maryland
W. Massachusetts
X.  Michigan
Y.  Minnesota
Z.  Mississippi
AA.  Missouri
BB.  Montana
CC.  Nebraska
DD.  Nevada
EE.  New Hampshire
FF.   New Jersey
GG.  New Mexico
HH.  New York
II.     North Carolina
JJ.    North Dakota
KK.  Ohio
LL.   Oklahoma
MM. Oregon
NN.  Pennsylvania
OO.  Puerto Rico
PP.  Rhode Island
QQ.  South Carolina
RR.  South Dakota
SS.  Tennessee
TT.   Texas
UU.  Utah
VV.  Vermont
WW. Virgin Islands
XX.    Virginia
YY.   Washington
ZZ.    West Virginia
AAA. Wisconsin
BBB. Wyoming

PART IX: PERM RESOURCES ON CD-ROM

A.  SOC Structure
B.  SOC Definitions
C.  SOC 2006 Changes
D.  Background On Development Of Appendix A
E.  Stratifying Occupational Units By SVP
F.  NAICS 2002 Codes And Titles
G.  NAICS Codes And Titles - 2007 Revisions
H.  Latest OES Wage Data - MDB file
I.   2008 OES Wage Data Structure
J.  Latest OES Wage Data - Statistical Area Definitions
K.  Appendix A By Alphabetical Order
L.  Appendix A By SOC Classification Order
M.  Darby v. Cisneros
N.  Lawyers Guide To 212(a)(5)(A) By Gary Endelman
O.  BALCA Hearing Procedures
P.  BALCA En Banc Cases From 1987
Q.  Occupational Projections And Training Data
R.  Occupational Outlook Handbook
S.  Federal Register Notices On PERM
T.  Prevailing Wage Determination Policy Guidance
U.  What DOL Told OMB About PERM By Jay Solomon
V.  ETA Forms Old And New
  1. New ETA Form 9089 and Instructions, Application for Permanent Employment Certification
  2. Old ETA Form 9089, Application for Permanent Employment Certification
  3. Old ETA Form 9089, Instructions
  4. Old ETA Form 9089 Electronic Filing Instructions
  5. ETA Form 750A
  6. ETA Form 750B
  7. ETA Form 750 A and B, Instructions

For more info or to place your order, please see here. For the fax document, see here.


Article

CSPA And Retroactivity
Cyrus D. Mehta writes "A new Memorandum from Donald Neufeld sheds new light on whether the CSPA is retroactive."

Give Me Your Tired
David A. Dorn for the Foundation for Economic Education writes "Assuming you want to close the borders, can you? And if you could completely close the borders, would you want to live in the United States?"

To submit an Article for consideration, write to editor@ilw.com.


News

Supreme Court Says Alien Must Be Permitted To Withdraw Motion For Voluntary Departure
In Dada v. Mukasey, No. 06-1181 (Supreme Court, June 16, 2008), the Court held that an alien must be permitted an opportunity to withdraw a motion for voluntary departure, provided the request is made before expiration of the departure period.

EOIR Reminds That Immigration Court Practice Manual Is Effective July 1
The Executive Office for Immigration Review reminded that beginning on July 1, 2008, the Immigration Court Practice Manual will be effective nationwide.

USCIS Des Moines Office Reschedules Flood Affected Appointments
USCIS in Des Moines, Iowa is taking proactive measures to help its customers affected by the flooding.


Classifieds

Help Wanted: Immigration Paralegal
Madison, WI - Quarles & Brady LLP, a national law firm, seeks experienced immigration legal assistant/paralegal. Candidates should have a Bachelor's degree and experience preparing H-1B, L-1, TN & Labor Certification cases. Additional experience a plus. Must have good writing skills, strong academic background, and appreciation for other cultures and peoples. Quarles & Brady LLP offers a competitive salary and benefit package, in a congenial work environment located in downtown Madison. For immediate, confidential consideration, please fax or email a cover letter including a resume to: Quarles & Brady LLP (414) 277-5239 or staffrecruiting@quarles.com.

Help Wanted: Immigration Paralegal
New York, NY - Levitt & Needleman, P.C., a 13 person midtown immigration law firm, seeks immigration 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, and conscientious. Candidate must also possess excellent writing, communication, and case management skills. Competitive compensation package offered. Email resume and cover letter in MS Word format to: mneedleman@levittandneedleman.com.

Help Wanted: Immigration Paralegal
Pittsburgh, PA - Fujitsu Consulting, an international IT services and consulting company, seeks an immigration paralegal for its in-house immigration department. The paralegal will participate in all aspects of the department's employment-based immigration practice. Candidates must be detail-oriented, possess solid writing skills, and be capable of working in a fast-paced and deadline-driven environment. A bachelor's or higher degree is required. Experience as an immigration paralegal is preferred, though not required. Salary is competitive. All qualified applicants are invited to apply. Please email your resume to Joseph.Kranyak@us.fujitsu.com. EOE.

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 to jobs@bretzlaw.com.

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 denise.wilson@skofirm.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 jyoti.singh@chugh.com.

Position Sought
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: imm.specialist@gmail.com.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 80+ engineers and 11 sales and support staff. INSZoom is the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email info@inszoom.com.

Expert Witness Services
Are you involved in litigation requiring an expert witness with a sophisticated knowledge of immigration law and agency practice? Look no further. Angelo Paparelli offers his services as expert witness. His litigation experience includes business, tax, employment, personal injury and family disputes as well as criminal-defense. Angelo has twice been named by his peers as the world's leading authority on corporate immigration and received the AILA President's Award for his work in mergers and acquisitions. Offices in CA, NY & MD; Services: worldwide. To discuss how we can assist you with your case, contact Angelo Paparelli at 949-955-5555 or aap@entertheusa.com.


Headlines

Immigration Reform Awaits Next President
Regardless of party, winner faces uphill battle on divisive issue.

Homeland Security's Enemy Next Door
Faced with failure, the Bush administration's stated resolve to dismantle international terrorism has devolved into an attack on a far more vulnerable and proximate target—Latin American immigrants.


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
"Immigration and Migration (Global Issues)" Rayna Bailey, Facts on File , 325 pp. Hardcover, ISBN: 0816071063, $45 http://www.amazon.com/Immigration-Migration-Global-Issues-Bailey/dp/0816071063/


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:
All Americans are immigrants or descendants of immigrants. All these immigrants prospered because they were made welcome by those in governance and the business houses gave them the opportunities to work and succeed and pass on their blessings to their families. America stands for liberty, freedom, non-discrimination and equal opportunities for all and hence it is painful to see some Americans finding ways and means to hurt the progress of good human beings. Foreign students studying in American colleges are paying upfront tuition fees more than three times the normal fees. They are not entitled for government funded financial aid or grants. These students invest huge funds in American educational institutions because American education is presumed to be the best in the world. The Americans have to stop thinking they have fallen from heaven. Look at the world around them and see the hardships the people in other parts of the world face. Stop whining and count your blessings! It is time Americans woke up to reality and worked to keep America as the number one nation in the world. They should be ready to face competition. Why dread foreign students who are legally in the country and pursuing the same education as them? If they are good enough they should also get the skilled jobs that are available. One can understand the opposition to give jobs to those from outside the country or to outsourcing of jobs overseas, and also the hue and cry about illegal immigration, but it is really mean and selfish to oppose foreign students who pay through their noses and work very hard to obtain American degrees. The Bush Administration and the Homeland Secretary have done some justice to these students particularly in the STEM fields, giving them an opportunity to seek jobs in the US.

Stephanie

Dear Editor:
The letter of Trivikram Krishnamurthy (06/13/08 ID) is spot on. The DOL labor regs are a nightmare mishmash of 1950s and 1960s regulatory thinking all mashed up with some of the bad statistical analysis that that became fashionable in discrimination cases after Griggs v. Duke Power Co.. Junk them and start over. Better yet, junk the immigration code and start over. It will never hurt the United States to import more talented people and proven high performers. Just look at some of the amazing things even illegal immigrants do, and they are overwhelmingly recruited from the figurative bottom of the barrel of those who would want to come because we make it so much easier to come illegally than legally.

Honza Prchal

Dear Editor:
I wonder how many illegal aliens the bible-thumping letter of Ms. Fitzgerald (08/16/08 ID) advocates taking into her own home, giving them food, clothing, shelter. I'm guessing somewhere around zero. Yet the letter wants American citizens to open their doors, sacrifice their lifestyle to reward those who have already shown disdain for our laws, based on what? Perhaps the letter writer should read all of Leviticus. I wonder how much of that chapter the letter follows "to the letter." Why are American citizens somehow responsible for the well-being of everyone on this planet?

Hank Meyer

Dear Editor:
Jim Roberts letter's (06/13/08 ID) logic is correct. During World War 2, the US did not have foreign entanglements, imports. In the end, those who steal, kill, envy their neighbor, move their neighbors boundry line shall also be caught in the trap they have set for God's righteous. Over and over it is expounded about immigrants coming into the US but its never proclaimed that they settled in the barren wilderness, praying for establishing their own schools. They did not expect those who had established their lives in the free country to provide free medical, free education. Their livespans in the late 1800's was 49 years old, and the wifes lived short lives because of the hard work. These pioneers worked hard for their freedomes and did not sponge off society. So, America was won by hard work, faith in God and relying on themselves. Never had the immigrants lived off those who themselves suffered and prayed and built their lives in thepraries or the west where land was barren, but lived in sod houses, a needle being the most precious item in the sod house, as it made the clothing. All this comparing of the immigrants of the past is lies as they made their own way, not taking from others what others also had worked hard for. They built their own schools, churches, hospitals and any group of peple who come in to thrieve off the labor of another should be niave to think God will bless them for stealing, for envious reasons, for moving boundries, and breaking all God's commands. God is not a comtempary and never has been, but God's statues are unchanging. Much in life changes, technology, transportation, and much of industry, but God's laws do not change. God is unchanging and His commandments are Holy, absolute.

David Utterback


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 1995- 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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