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Immigration Daily June 26, 2008
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New Stuff In DOL Saga

A New York Times report today continues the saga of DOL's punitive expedition against the country's largest immigration law practice. We return to this saga today with new thoughts on the following: (A) DOL's real reason for the PERM audits (B) The 3 mistakes DOL made - so far (C) The lawyer's role in labor certs (D) DOL's recruiting circus.

  • (A) DOL's real reason for the PERM audits. As the initial smoke from DOL's penal raid clears, it is gradually becoming apparent that the real reason behind DOL's action is to secure greater funding from Congress for PERM enforcement. A small team such as the PERM folks at DOL tend to get lost in the bureaucratic shuffle, and from time to time, these people remind Congress that they exist and need nourishment. High profile enforcement actions are an excellent way to get Congress's attention, and DOL's minions are using this tried-and-true technique to secure more taxpayer dollars for their unit. In a way, the above article in the New York Times is a great victory for the labor cert group at DOL, since it marks a milestone in DOL's pursuit of the biggest PERM filer in the US. Attorneys should not breathe easy, however. Until the appropriations bills are enacted, DOL will continue to breathe fire (and once funding is obtained, DOL will breathe more fire).
  • (B) The 3 mistakes DOL made - so far. Whatever one's views on whether this is a proper way to run a railroad, there are 3 reasons why Immigration Daily opposes the DOL's infamous action. (1) The substantive reason is that the law is not on DOL's side, DOL's argument will not survive court scrutiny. (2) DOL has made no statement that prior audits of this firm uncovered a pattern of behavior. Acting hastily, without evidence obtained from audits over a period of time, DOL is in effect punishing the firm's clients for their choice of a lawyer. (3) The worst part about DOL's action is the press release acrobatic display. This is in the worst traditions of the discredited Elliot Spitzer. Such grand standing is not about law enforcement, but simply about fattening a bureaucracy by making a show of effectiveness.
  • (C) The lawyer's role in labor certs. In an attorney-represented scenario, the real screening happens at the front-end. Lawyers weed out the weaker applications, and dissuade employers from beginning these at all. Once an application process begins, the art of labor certification lies in crafting job descriptions/requirements which are both truthful and successful when subjected to the labor market test. Most experienced practitioners have a lifetime record of 99% certified. (This is one reason why DOL/ETA has taken to issuing misleading PERM statistics showing a much larger percentage of denials than reality justifies. If DOL were to re-issue these statistics on an alien-centered basis, the percentage of denials reported would plummet.) Using entirely lawful reasons for rejecting US workers, an employer guided by legal counsel should have no difficulty in almost every case in obtaining certification (for applications filed that is - weak applications are not filed as described above). DOL's claim that the labor market test protects US workers is bogus, and over-zealous enforcement is not going to make it one iota more effective.
  • (D) DOL's recruiting circus. Fraud exists in the PERM process and it is entirely of DOL's making, it goes by the name of "the recruitment process" a.k.a. "the labor market test" a.k.a. "the DOL circus". DOL cruelly uses US workers as pawns and equally cruelly uses US employers as unwilling participants in a charade, which is only a test of the labor market. Using the concept of "diversion" DOL is dead set against any real recruitment of US workers during the labor market test. This cockamanie process is unfathomable even to much of the immigration bar, and it is small wonder that it attracts charges of fraud and misguided enforcement efforts. In the mid-1980s, various federal agencies, including the FBI, persecuted a number of members of the bar for exactly the same thing that the DOL accuses the bar of doing today. This problem is an institutional one, and is not peculiar to a particular administration. Those hoping for a change in 2009 under a new administration are going to be disappointed. The proper remedy to this excess today is not federal litigation (though DOL will surely provoke visits to the courts if it continues in its recent efforts), but Congressional oversight to rein in unproductive enforcement. A more productive target for enforcement is PERM applications where an attorney has not made an appearance.
As we have said before, this saga will continue. Stay tuned to Immigration Daily!

We welcome readers to share their opinion and ideas with us by writing to


The H-1B Book Shipping Now

THE H-1B BOOK 2008-2009 Edition, Editor Karen Weinstock, is shipping now. The Table of Contents is as follows:

  • Chapter One: Interview The Client

    • Qualifying the Position as a Specialty Occupation
    • Qualifying The Employee
    • Meeting Wage Requirements
    • Lawyer's H-1B Consultation Questionnaire Form
    • Lawyer's H-1B Task Checklist
  • Chapter Two: Send The Client Intake Forms And Related Information

    • Intakes Summary
    • H-1B Employer Intake/Questionnaire Form
    • H-1B Worker Intake/Questionnaire Form
    • The Complete H-1B Process: Company Flowchart
    • The H-1B Process: Company's Step-By-Step Explanation
    • Explanation and instructions for spouses and children
  • Chapter Three: Credentials: Verify That The Worker Has A US Bachelor's Degree Or Equivalent

    • Credentials Summary
    • If the worker has a U.S. degree - no evaluation is necessary
    • If the worker has a foreign degree - order credentials evaluation
    • If the H-1B petition is based on work experience or combination - order a work experience evaluation
    • List of credentials evaluation firms, web sites and phone numbers
  • Chapter Four: Determine The Prevailing Wage

    • Understanding the Prevailing Wage
    • Determining the Prevailing Wage
      • O*NET, SOC, Wage Levels, Job Zone and SVP
      • SESA or SWA Wage Determination
      • FLC Data Center Wage Determination
      • Wage Determination Through Other Wage Surveys
    • Practice Examples in Determination of the Prevailing Wage
  • Chapter Five: Prepare And File The Labor Condition Application (LCA)

    • Introduction to the Labor Condition Application (LCA)
    • Preparing and filing the Labor Condition Application (LCA)
      • Online LCA filing
      • Complete Online LCA and Receive LCA Approval Online
      • Completing the LCA: Step by Step
      • H-1B Dependent Employers Worksheet for the LCA
    • Detailed Description of Form ETA-9035E and its Obligations
    • Sample of completed LCA (form ETA-9035E)
    • Copy of form ETA9035CP (LCA cover pages)
  • Chapter Six: Prepare The I-129, Related Forms And Petition Letter

    • Form I-129
    • H supplement to Form I-129
    • Form I-129 H-1B Data Collection Supplement
    • Form G-28
    • Form I-907 if premium processing is applicable

    • If the H-1B worker has a spouse and/or children:
    • Form I-539
    • Form I-539 Supplement 1 (if necessary for other family members)
  • Chapter Seven: Send All The Forms And Petition Letter To The Client For Review & Signature

    • Sample letter to client
    • LCA posting notice
    • Sample Letter to Employer Regarding Public Access File
    • Memorandum to employers on Labor Condition Application
    • Public Access File sample
    Chapter Eight: Assemble The H-1B Petition And Send To The USCIS Service Center
    • General Filing Instructions (including list of service centers and filing addresses)
    • Sample Cover Letter
    • H-1B Petition document checklist
    • Sample list of exhibits
  • Chapter Nine: Troubleshooting

    • Introduction
    • Request for Additional Evidence
    • Dealing with the dreaded request for evidence
      • Sample Response to Request for Additional Evidence
      • Second Example of Response to Request for Additional Evidence
    • I-9 Compliance, Social Security Numbers and Driver's Licenses
    • Changes in H-1B Employment and Amendments
    • How Mergers, Acquisitions and other corporate Transactions Affect the H-1B
  • Chapter Ten: Post-Approval Case Management

    • Summary of Post-Approval Issues
    • Sample H-1B Approval Letter to Employees that are in the U.S.
    • Sample H-1B Approval Letter to Company - Employee(s) Abroad
    • Sample H-1B Approval Letter to Employees Abroad
    • Non- Immigrant Visa Consular Processing Information Sheet
    For more information about the book and to order, see here. For the fax form, see here.


    CRS Reports On Benefits For Aliens
    The Congressional Research Service issued a report titled: "Unauthorized Aliens' Access to Federal Benefits: Policy and Issues"


    Help Wanted: Immigration Paralegals
    Ridgewood, NJ - Nachman & Associates, PC seeks Senior Immigration Paralegals and a U.S. Office Manager. For the Senior Immigration Paralegal position qualified candidates must have 3+ years of heavy business immigration experience. Senior Paralegal position requires direct client contact, strong communication skills, detail orientation, organizational skills, ability to meet deadlines, interpersonal skills, team-mindedness, customer service skills, PC skills, multi-tasking, and work under pressure. The U.S. Office Manager position will manage the paralegal staff and be responsible for running the U.S. offices. Candidate must possess 2+ yrs of management experience in a law firm and handle: employee orientation, vendors, compliance with firm policies, employee relations, organizing team meetings, and management of work flow and assignments, preparation of engagement letters, A/R and A/P, respond to clients, manage calendar of events. BA preferred. E-mail resume and salary requirement to specifying position in subject line. EOE.

    Help Wanted: Immigration Professional
    Secaucus, NJ - Ernst & Young LLP seeks Inbound Visa & Immigration Coordinator who will be responsible for the firm's J-1 exchange training program. This process includes reviewing and assessing all incoming requests, ensuring all participants meet Department of State requirements, processing visa forms and fees, ensuring all proper documents are collected in each file, monitor all J-1 cases from start to finish, updating SEVIS system on a weekly basis, follow-up with J-1 participants on work location changes and address changes. Coordinate H-1B, L-1, TN, E-3 and green cards processes with outside immigration counsel, counsel international business travelers on work permit/visa requirements, assist HR/Recruiting community that involves immigration sponsorship, and assess impact emerging legislation on our business. Bachelor's degree, equivalent work experience, 2+ years of business immigration experience, international exposure & cultural awareness a plus, experience working with government agencies, foreign embassies and outside counsel, knowledge of HR issues, strong verbal and written communication skills, organizational skills, attention to detail and sensitivity to timing, ability to work in a fast pace environment and support client-vendor relationships, good judgment and analytical skills. For more info and to apply online enter the job number 00IX6 here or email resume with cover letter to

    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

    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:

    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 EOE.

    Credential Evaluation And Translation
    As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry – $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:

    EB-5 Business For Sale
    US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt or inventory included. To view pictures and an appraisal report, see here. To discuss further, contact Thomas Barnes at: or call 434-955-0595 (after 10 am EST). All inquiries will be kept confidential.


    Anti-immigration activists rally, preaching mostly to themselves
    "In an interview after the rally, Garcia-Quintana alluded that vigilante justice could break out if immigration laws aren't tightened. "What I'm concerned about is that if we don't do something, people are going to take the law into their own hands," he said. "I hear a lot of people casually mention, 'I've still got my Second Amendment right.' That can only mean one thing."

    Dobson for President—Let Him Test His Rigid Views With the Voters
    "Hunter's views are refreshing since the public perception of evangelicals is that they are rigidly conservative if not as extreme as Dobson. Americans of all faiths have different views on interpreting the Bible. Dobson's is not the only one, and we all should be thankful for that."

    Children Paying a Heavy Price for ICE's Showy Immigration Raids
    "The children of those arrested in flashy-but-ineffectual ICE raids -- many of whom are U.S. citizens -- suffer dire consequences."


    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 will be unable to attend the AILA Conference, but am interested in your drawing for the books (ID 06/19/08). Can you add my name to the raffle?

    Van Argyrakis, Esq.
    Omaha, NE

    Editor's Note: The raffle will be conducted for those who fill out the 6-question survey at our booth in Vancouver. We may repeat the raffle at a future event.

    Dear Editor:
    Jim Roberts' June 25 letter's charge that my letter of June 24 is "irrational" because it accurately described just one of the many anti-Semitic comments that Patrick Buchanan, whom Mr. Roberts' letter calls a "respected America first" advocate, has made over the years cannot go unanswered. I will not go into further detail about Buchanan's notorious record of defending Nazi war criminals, apologizing for Hitler (as he does in his latest book about WWII) and singling out people with Jewish names to attack. Nor is there is enough space here to list Buchanan's attacks against African - Americans and his defence of racial segregation. What is more pertinent here are Buchanan's views on immigration. These are, simply, that America is a white country and should stay that way. The Southern Poverty Law Center describes his recent book, State of Emergency: The Third World Invasion and Conquest of America as a "white nationalist screed". To give just two examples, the SPLC quotes Buchanan as saying to CNN's John King: "We gotta get into race and ethnic questions". It also quotes the following from his book: "This idea of America as a creedal nation bound together, not by 'blood or birth or soil', but by 'ideals' that must be taught and demonstrably false". As the SPLC also points out, "blood and soil" ("Blut und Boden", in German) was a favorite slogan of the Nazis, for whom Buchanan has shown so much sympathy. SPLC also quotes Buchanan as saying that the fact that white America is changing color is "one of the greatest tragedies in human history." He is also quoted as saying that America could never have been created without the "genetic endowments" of whites. More details are on the SPLC website, As my previous letter pointed out, Mr. Roberts' letters are not "changing color", but are showing their true ones by endorsing Buchanan's white supremacist views.

    Roger Algase, Esq.
    New York NY

    Dear Editor:
    It is a joke to think that before the Congress and Senate were mostly Republican it was their fault of no progress on Guest Worker Law and now what do we see The same attitude with the Democratic Party. So who are each Party going to blame next???

    Gladys C Farris

    Dear Editor:
    Re the letter of Sid Lachter (ID 06/25/08), God also is not Santa Claus. So the wealthy controlling legislation, the president not upholding the u.s. constitution, the Catholic church aiding illegals pushing out u.s. citizens, as happened to our family by rolling in the illegals medical, education, into our budget forced us out of our country. If our laws are being disobeyed by government, the church, then more americans will leave their homeland, taxes will climb for those who remain, The acceptance of illegal immigation will signal the world to come on in. No force shall stop them and illegals will double to another 20 million, followed by hundred of millions more until the entire country is bankrupt, no schools, no hospitals, because there will be no tax base. Then the current illegals will run back home to Mexico leaving the burden of administrating the u.s. to the citizens who are expected to pay unrealistic taxes. What america must do is get its act together, clean house and build out into the world but it may be to late. Those americans who traiter american unity, will no longer be cryng that God is a Santa Claus, not understanding much about scripture, cherry picking with the niave idea that God is lawless, and when they lose their homes, their income, then they will cry foul. Lawlessness cannot be corrected by making laws, because the current laws are broken and theres no ability to enforce laws when the country is lawless. You cannot fuel 300 million citizens and millions upon millions of non citizens and have it be financially solvent. America is doomed. In time there must be a military government. The government cannot make 2 cents out of 1 cent unless the 2 cents is worth 1 cent. Its that simple.

    david utterback

    Dear Editor:
    If there was ever any question on where Immigration Daily stands in regards to the immigration debate, the latest editorial "Unclouded Future" (ID 06/25/08) should leave no doubt. Describing those who value the rule of law as nazi-like, fanatical, fools, extremists, bigots, mujahadeen and un-American does not help your position. By encouraging "open confrontation" is Immigration Daily inciting violence? The Boston Tea Party was a violent act that destroyed personal property, but it was in direct reaction to laws enacted without representation. That is not our case today. We have a peaceful means to enact change in this country through a process that involves negotiation, compromise and an elected representative government. Once you get through the bilious rant of the first paragraph, the editorial raises some good points which reasonable people can debate and discuss. However, the opening diatribe taints any good points made further on. Anyone who believes that we should have open borders with unlimited immigration is not American as they have just given up the sovereignty of this great country. At the same time, those who advocate no immigration clearly do not recognize how America came into being and what makes it great. The real debate needs to be over the appropriate amount of immigration for the good of the country. If this country needs 10 million people to immigrate per year, let's change the laws to reflect that. However, since this is a democratic country where CITIZENS of all ethnicity are represented in the legislative process, we need to respect our laws until they are changed to reflect the will of the people. This is not a perfect system where change occurs overnight, and not everyone gets what they want, but it is so much better than the rest of the world that millions, yea even billions, want to come here.


    Dear Editor:
    i only wish i had the skill to write as easy as "unclouded future" (ID 06/26/08). the americans that refuse to see what's really happening and refuse to help others ....that are going through what "their immigrant family " had to go through so "they" could be "born in america"...need to be in an immigrants shoes for one day! also...the government employees that dont care about others lives that they're effecting... should not have filled out the application to work for immigration. i am so over this mess! if i wasnt living this story... i wouldnt believe it!!

    Mo Cunningham

    Dear Editor:
    The caustic letter of Sid Lachter's (All Ref. to 6/25/08 ID) charge of "racial bias" must be tuning in to former AZ state senator and now Atzlan Spanish radio talk show host, Alfredo Gutierrez who revealed: "We reduce complicated problems to racism, not because it is racism, but because it works". Note: It only works on other Liberals who view it as the ultimate sin, but there are worse things. The "political extremists" the letter refers translated means those who put American interests ahead of non-citizens. Even limited entry is not a right -- But entry enthusiasts are never satisfied. Who are the extremists? On the highways, it would be those who flaunt the prudent order and safety of the speed limit laws, whose purpose is maximum societal preservation. Those who uphold them are not extremists. The same holds true for limited entry limits. Yet, ID joins in the false name-calling with its self-serving Comment: "Unclouded Future" and amazingly tries to compare the American Revolution, which was to create a Nation, to calling for the repudiation of existing laws that would limit entry, which would destroy US. To the thoughtful H. Prchal letter, I would only say that if our creaky entry "system" helps to achieve the limits we should responsibly have, so much the better. Paul Revere was not "over alarmed" except to the British. The R. Yang letter still clings to the belief that fear of competition is the only reason for entry laws. The JF letter fails to realize or admit that illegals were invited, employed and exploited by businesses, not citizens and contrary to those who say it can't be done, including ID, AZ and OK are seeing a reduction in illegals by humane, but tough enforcement laws.

    Jim Roberts

    Dear Editor:
    Regarding the "COMMENT" in the 6/25/08 ID, the editor makes a long attack on the present immigration laws and the people who support them, calling such people "the enforcement-first mujahadeen", "extremists" and "misguided fools". The editor then sums up the diatribe in the last sentence by grandly stating: "The past is dead, we have to look at the future with clear eyes, unclouded by visions and terms of the past." If the eyes of the editor weren't so clouded by arrogance, they'd see that most Americans want enforcement of the immigration laws. Perhaps the editor was just trying to provoke a discussion, but the "terms" they used do nothing to further the "debate" on immigration.

    John Frecker

    Dear Editor:
    Jim Roberts is an even more frequent letter-writer to this site than I. When his letters make a valid point, which is often I sometimes try to defend them from charges of Nazism and so forth, even when they quotes someone who is wrong as often as Patrick Buchanan, and I even tried to explain away the letters horror at the Aztlan plot, or whatever it is. However, when his letters refer to the Protocols of the Elders of Zion, they enter indefensible territory. They are out there with Barak Obama's former "quote unquote 'spiritual advisor'", Jim Jones, Ward Churchill, Lebanaon's Hizb'Allah and other serial frothers at the mouth. Just because it is written somewhere on the Internet does not make it so, even as a few people writing on the Internet does not make a trend, or an invasion. StormFront and most other racist groups are tiny but all over the Internet and are often cited as grave threats, but their membership is smaller than that of the Flat Earth Society. La Raza's "activist" membership that actually supports its racism is probably smaller than the number of Teamsters who are as exercised about same-sex partner health-benefits for seniors as the union's lobbyists in DC are. Put another way, how many American black radicals actually tried to live in whatever they claimed was an authentic African lifestyle in the Sixties? The letters' policy criticisms are often intelligent. Stick to them and the letters might make some of us think. When they throw in all the other nonsense, the letters lose us and make us a lot less willing to trust anything said.

    Honza Prchal

    Dear Editor:
    Thank you for this article my husband is illegal and undocumented we have filed a i130 but are afraid to do more afraid that he will be banded for 10 yrs he has been in this country for 7yrs. I wish we could all find some kind of agreement on this issue. For my sake and for every other family in my position. My dad has suggested that they inlist in some form of military service for 4 yrs. that way they could have a pass to citizenship and still pay taxes and get payed. and not have to leave the US either. IT serves two perposes they get citicenship and we get more military servises since we all know this war will not be over anytime soon. just a little oppenion. If there is any one that could help us or have advice for us please let us know. (we have three children ) God Bless

    Couple's name withheld

    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 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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