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Immigration Daily September 4, 2008
Previous Issues
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Wikipedia Is Not Authoritative

Wired reports "The U.S. Court of Appeals for the 8th Circuit overturned a ruling by the Board of Immigration Appeals, which said DHS committed no big foul in using [Wikipedia] a site editable by anyone with a computer to decide the fate of a woman named Lamilem Badasa." To read the opinion, Basada v. Musakey, No. 07-2276 (8th Cir., August 29, 2008), see here.

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


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:


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
  • 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


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


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


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


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


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


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


All 50 states + 4 territories (Guam, District of Columbia, US Virgin Islands, and Puerto Rico)


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.


An End To The Statutory Ban On HIV Travel And Immigration (But Not To The Regulatory Ban)
Victoria Neilson writes "Although the statutory HIV ban has been in effect since 1993, it is still difficult to get information about applying for HIV waivers."

Bloggings On Immigration Law And Policy
Greg Siskind shares the latest entries as of August 27, 2008 on his immigration law and policy blog.

Immigrants Of The Day: Fernando Valenzuela (Mexico), George Soros (Hungary), and Pamela Anderson (Canada)
Kevin R. Johnson celebrates the achievements of these immigrants.

To submit an Article for consideration, write to


DOL Response Brief Says New DOL Guidance Makes Fragomen Suit Moot
The Department of Labor responded to Plaintiff's Motion for a preliminary injunction, stating "The Department, however, has withdrawn the policy guidance Plaintiff challenges on constitutional grounds and issued new guidance clarifying that Plaintiff is permitted to provide legal advice and guidance to its clients throughout the labor certification process."

DOJ Announces Juan Osuna Is Appointed To BIA Chairman
Attorney General Michael B. Mukasey announced today the appointment of Juan P. Osuna to be the Chairman of the Board of Immigration Appeals.

ICE Release On Continuity Of Operations For SEVP-Approved Schools
ICE released a fact sheet encouraging all SEVP-certified schools to explore a Continuity of Operations (COOP) plan.


Position Sought
Southeast Michigan - Experienced and goal-oriented immigration paralegal seeks part-time or full-time employment. Possess 4+ years experience in law firm environment. Responsibilities included, but not limited to preparation and filing of most non-immigrant visas such as H-1B, L-1, TN and B-1. Preparation and filing of family-based cases (asylum, I-589, I-601, PERM, I-140, and AOS cases). Maintained accurate and updated Outlook calendar for attorneys/paralegals, handled correspondences and confidential information, managed bank accounts, payroll and created invoices/statements using QuickBooks. Reference materials and applications used: AILA Monthly, Kurzban's and immigration law websites. Possess strong organizational and planning skills and ability to prioritize multiple tasks accurately and simultaneously. Fluent in Romanian language. Resume and reference available upon request. Email:

Help Wanted: Immigration Paralegal
New York, NY - An AmLaw 100, international law firm with 450+ attorneys in eight offices seeks senior immigration paralegal. Position reports to immigration section manager. Provide support to the immigration section, including preparation of H-1B, L-1, O-1 and E-1/E-2 visas, and PERM cases. Extensive communication with government agencies and clients. Supervise and mentor junior paralegals. Assist on special projects as assigned. Bachelor's degree and 8+ years business immigration experience required. Must be organized, detail oriented, responsive and have excellent follow through skills. Must be able to multi-task and work independently. Ability to work well under pressure and work effectively with clients, attorneys and staff. Flexibility to work overtime when necessary. Competitive compensation + comprehensive benefits package. Conveniently located across from Grand Central Station. Please send resumes + cover letters to

Help Wanted: Immigration Attorney
Multiple locations - Williams Mullen seeks business immigration mid-level associate to join our ten-member global visa practice. Successful candidate will advise on strategic choices and manage client relations in all immigration areas. Prepare and review NIV, IV filings; handle RFEs; and prepare updates for client newsletters and email alerts. Associate will assist with immigration compliance issues (I-9s, E-Verify, etc.) and will have heavy involvement with PERM filings, EB-1/NIW petitions and foreign work visa applications. Successful candidate will work on in-bound and out-bound projects. Requirements include superb communication, analytical skills, judgment and writing abilities. Our firm is equipped with state-of-the art, web-based software and ample paralegal capacity, which enables our associate to take on meaningful and challenging assignments. Moderate amount of portable business required, as well as proven ability to market and develop business and client contacts. For full details, including job locations, see here. Highly competitive salary + benefits offered. Qualified applicants, send resume to: EOE.

Website Services
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 or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.

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.


Immigration Debate Cools Off
Immigration, once the hottest U.S. political issue, is on a backburner this election season with little firm evidence it will advance, no matter who moves into the White House in January.

Ariz. Immigration Crusader Wins Senate Primary
Rep. Russell Pearce won the Republican nomination for an open Senate seat in a race that saw foes pour money and mud into their efforts to oust the Arizona Legislature's most ardent foe of illegal immigration.

Latino Activists At DNC Renew Call For Immigration Reform
In a state where the immigration issue directly affects the Mexican community, local activists are speaking out against what has become an increasingly hostile environment to both immigrants and those of Latino origin.

A "Little Death Penalty" Case
One refugee's story of seeking protection in the US.


Readers can share their professional announcements (100-words or fewer at no charge), email: 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 Event
Sept 9 - Law Scribe Inc. is pleased to host a free webinar entitled, "Offshore Legal Outsourcing: The Ethical Implications" (11:00 AM - 12:00 PM PDT) which provides attorneys with practical advice relating to the ethical implications of offshore legal outsourcing. Space is limited, reserve your seat at: CA and NYC attorneys eligible for 1 hour of MCLE ethics credit.


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:
All government policy works at the margins, but I am struck by the Kafkaesque irony built into Alexander Mirescu's report for the Immigration Policy Center about South and West Asian (read Muslim) immigrant groups' reactions to various police forces after 9-11 (09/03/08 ID). On the one hand, heads of immigrant advocacy groups naturally complain of profiling, sometimes concrete, often highly subjective, as that is their organizations' raison d'etre, but on the other, the report states quite clearly that the main driver of fear of police agencies has to do mostly with misperceptions of how our police work. These misperceptions are said to be based on how police forces work in the immigrants' former home countries. There doesn't seem a lot government can do about that, except perhaps to speed assimilation into American society, thus disabusing immigrants of the harsh lessons learned about how police function in countries rife with corruption, or even countries like the majority of the European Union, where police have summary detention powers and judges and prosecutors are the same people. Our legal system is so fundamentally different from most of the world's that the difference is hard to understand, even taking into account the more "continental", i.e. administrative, immigration court system and the widespread popularity of American police procedurals (which unfortunately lead one to suspect the presence of corrupt police as frequently as one would expect to find them in much of the world). Other than those platitudinal responses, I am at a loss as to how such culture-based mistrust can be mitigated for these disaffected, fearful immigrants, and though I do not fear as much for their children, I point readers to widespread acceptance of 9-11 conspiracy theories among native-born Americans. Maybe we could boycott shows like the X-Files?

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Since this forum seems to be so rich with conspiracy theories I want to contribute one. My assertion is there is a rotten smell coming from agriprocessors, and its not rotten meat. Suddenly they begin cooperation with ICE on plant raids, and a wave of Hispanic workers are arrested run through a kangaroo court and jailed. Interestingly they were replaced by a "different" type of worker not native Americans but a diverse ethnic mix speaking different languages with little common ground and serious language barriers with each other and the community. Certainly a challenge to any attempt at union organizing. Now interestingly Steven Greenhouse writes in the Sept 1st NY Times story that the same company is going to the Supreme Court to overturn a union vote to organize at its Brooklyn distribution center. They are challenging the vote to unionize based on the premise "illegal workers" do not have a right to join unions. The Company has no problem with hiring illegals, having them processing, packing or shipping the meat products, but if they attempt to organize take cover and expect a raid, or a lawsuit. So my theory? On the face of it a collusion of epic proportions to smash the labor movement containing Hispanic workers who are well represented in the workforce, have a support system in place and have overcome the language barrier with the unions and the community. A new "class" of workers will emerge to replace those Hispanic workers who have brazenly attempted organizing. These workers will be disconnected from each other, socially isolated and docile from countries that do not speak Spanish, which is what we are seeing in Postville.

Jane Fitzgerald

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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