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Immigration Daily December 17, 2008
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Comment

Santa Arrives Late

A recession coupled with scandal after scandal leading the front page news leaves many feeling glum during this holiday season. There may be relief just around the corner, here's why. We believe that immigration advocates on the Hill are feverishly working on several variations around the CIR theme. Bills expected to be introduced early in the 111th session of Congress include: DREAM, 245(i) with an August 2001 cut-off (this was the bill before the House on 9/11/01), healthcare immigration relief, re-authorization of the EB-5 program, religious workers, and E-Verify. So far, so good, you say? Not so fast. One looming obstacle appears to stand in the way of the immigration benefits wishlist. Anti-immigrationists argue that immigration should not be increased during a period of high unemployment. The anti-immigrationists are partly correct and for this reason, we suspect that guest worker programs of any kind will not be passed because Congress does not want to encourage new immigration competing with the labor pool during a severe recession. However, the immigration benefits being considered above will not take away jobs but instead will strengthen labor and the economy. We expect that there is a 50-50 chance that some immigration benefits will be enacted as soon as February 2009 perhaps even as part of the economic stimulus package. Stay tuned.

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
  • 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

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

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.


Articles

Moderation And Immigration Reform
Harry DeMell writes "Both sides in the current immigration debate have taken unrealistic positions that pander to different audiences. Neither position is viable. There is a third approach."

Law Library Of Congress Global Legal Monitor: Immigration And Nationality Law
Rubens Medina, Law Librarian of Congress tracks recent immigration-related legal developments around the world.

Immigrants Of The Week: Eric Ripert, Frank Oz, and Hugh Laurie
Greg Siskind honors immigrants of the week.

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


News

Congress Passes Trafficking Victims Protection Act, HR 7311
We carry the text of H.R. 7311 passed by both the House and Senate which authorizes appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons, and for other purposes.

DOS Presidential Permit On Otay Mesa East Border
The Department of State published notice in the Federal Register announcing a Presidential permit, effective December 8, 2008, authorizing the General Services Administration to construct, operate, and maintain a vehicular and pedestrian border crossing called ``Otay Mesa East'' near San Diego, California, at the international boundary between the United States and Mexico.


Classifieds

Help Wanted: Immigration Attorneys
Washington, DC- USCIS Office of Chief Counsel (OCC) seeks experienced attorneys with 3+ years demonstrated experience in immigration law for the Adjudications Law Division (ALD). The attorneys will serve as advisors to the Chief of the ALD, the Chief Counsel, and to USCIS and other Departmental components on issues relating to U.S. immigration laws. Applicants must possess a JD degree, be an active member of the bar (any jurisdiction), and have 3+ years of post-J.D. experience in immigration law. For more info, key in Job Announcement Number: COU-CIS-2008-0013 at USAJobs.com. Submit a resume, cover letter + (2) writing samples to: Claudia Salem, Acting Chief, Adjudications Law Division at ALD.ALD@dhs.gov. Please make sure to note in email subject header that you are applying for the Experienced Attorney Position, ALD, at USCIS. Must be received by 5pm, ET, Friday, December 19, 2008. Position is at the GS-13-GS-15 levels. This job is being filled by an alternative hiring process and is not in the competitive civil service. No relocation reimbursement available.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with AIESEC United States. For 50 years, AIESEC U.S. has offered foreign nationals the opportunity to grow both personally and professionally by sponsoring exchange visitor traineeships. Enjoy unparalleled customer service, including in-depth guidance on J-1 Trainee visa regulations and the changes effective July 2007. We also offer logistical and cultural reception services in locations nationwide. Expect a 24-48 hr. application processing time. The J-1 Trainee visa can be used for individuals to participate in training programs in the following fields: information media and communications, education, social sciences, library science, counseling and social services, management, business, commerce and finance, the sciences, engineering, architecture, mathematics and industrial occupations, public administration, and law. Attorneys interested in learning more about AIESEC United States and the J-1 Trainee visa, please email Melany Hamner: MelanyH@aiesecus.org.

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: http://aetsinternational.com/applicationforevaluationservices.pdf. 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 http://www.aetsinternational.com, or email: info@aetsinternational.com.


Headlines

Democrats Risk Losing Hispanics
Now, one of the biggest questions Democrats face is whether hardening attitudes toward immigration, aggravated by hard economic times and rising unemployment, will push the party down paths that could undercut that Hispanic support, much as hardening rhetoric undermined Hispanic support for Republicans in the past two years.

Tomorrow's Opinions Today - A Patchwork Approach To Immigration
Unfortunately, two North Idaho legislators seem determined to recycle an ill-conceived anti-immigration bill, a fatally patch-and-scratch approach to a problem that needs to be solved at the federal level.

Former MO Lawmaker To Halfway House
A former Missouri lawmaker convicted in an immigration fraud scheme has been transferred to a halfway house.

Progress At Homeland
There can't be a serious debate in the months ahead on immigration reform without the recognition that the Department of Homeland Security has made a large down payment on public credibility when it comes to enforcement.


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.

New Associate - Houston, TX
Houston, TX - Tindall Foster, PC is pleased to announce that Nadeen H. Agour has joined the firm as an associate. She received her Bachelor's Degree in English from Duke University in 2002, graduating summa cum laude and Phi Beta Kappa. She received her law degree with Honors from Columbia University School of Law in 2005 and served as the Development Editor for the Columbia Business Law Review. Ms. Agour is licensed to practice in Texas, and she is a member of the ABA, the Texas Young Lawyers Association, the Houston Bar Association, the Houston Young Lawyers Association and AILA. www.tindallfoster.com.


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:
Mr. Kuslan's letter's suggestions about urls being included in the table of contents would also be helpful for the news articles section of your excellent publication (12/16/08 ID). It would be more convenient, especially for those of us occasionally on slow and old computers, than opening one window in order to open another.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Yes, Obama was born in Hawaii which was then a territory of USA and therefore born in American soil however this questions of his birth is circumstantial because the reason is "race". When will be more American?

Gladys C. Farris


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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