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Immigration Daily February 9, 2009
Previous Issues
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Share Your Professional News

Send your professional announcement to: editor@ilw.com. Examples include: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. This is a free service.

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

The Use and Abuse of Immigration Authority As A Counterterrorism Tool: Constitutional And Policy Considerations: Constitutional And Policy Considerations
David Cole and Linda Bosniak for the Constitution Project write "We would do far better to work on developing positive ties with Arab and Muslim communities here and throughout the world, while targeting our enforcement measures at foreign nationals who actually pose a threat of terrorist activity based on individualized objective criteria."

Bloggings on Dysfunctional Government
Angelo A. Paparelli writes "I write instead to decry two other quotas, one alleged and the other well established, both involving the enforcement side of the immigration house."

Immigrants Of The Day: Hiroshi Motomura of Japan, David Ortiz of Dominican Republic, and Plácido Domingo of Spain
Kevin R. Johnson celebrates the achievements of these immigrants.

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


News

ICE Releases Updated SEVP List
ICE released an updated version of its Student and Exchange Visitor Program list as of January 27, 2009.

ICE Releases Latest SEVIS Newsletter Issue
ICE released the October 2008 issue of its newsletter.


Classifieds

Help Wanted: Immigration Attorney
Redmond, WA - Are you ready to make a significant impact on an industry leader? Would you like to have the ability to contribute to the success of many businesses and products in the technology arena as well as make a positive impact on individuals and their families' lives? If you do, come join us at Microsoft as a US Immigration Attorney. We are a diverse and global company that makes a significant positive impact on 600 million plus customers worldwide. The Microsoft Corporation Legal & Corporate Affairs Global Migration department plays an integral role in helping hiring managers and recruiters hire and on board the best and brightest. If you are ready to make a difference and learn and grow in the US Immigration arena, we offer an opportunity like no other. This position requires excellent academic credentials, 4-6 years experience in all NIV business visas, labor certifications, and other business-related immigration matters. Strong case management, customer facing, communication and writing skills required. Full relocation package offered. To view detailed job description and apply, see here.

Help Wanted: Immigration Attorney
Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks experienced attorney for Associate Regional Counsel position, USCIS OCC, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be active bar member (any jurisdiction), and have 2+ years of post-JD experience in immigration law. For more info, key in Job Announcement Number: COU-CIS-2009-0002 at USAJobs.com. Preference is given to applicants with immigration law experience, a background in federal litigation, an excellent academic record, and strong writing skills. Submit a resume, cover letter + writing sample (max. 10 pps.) to: Kelli J. Duehning, Western Regional Counsel, USCIS Office of the Chief Counsel at Kelli.Duehning@dhs.gov. Must be received by close of business, Tuesday, February 10, 2009. Position is at the GS-13/14/15 levels and is open until filled. No relocation reimbursement available.

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.

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 www.inszoom.com/websites or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.


Headlines

Bucks Woman Gets Jail In Immigration-Fraud Scheme
A Holland, Bucks County, woman was sentenced today to one year and one day in prison for her role in a massive immigration-fraud scheme, the U.S. Attorney's Office said.

Gillibrand Backpedaling On Immigration
Now the junior senator has not only backed of her sanctuary city stance, she's vowed to advocate pro-immigration legislation.

Business Books: Only Immigration Can Save America, Author Says
The United States must embrace immigration with open arms or risk going the way of over-indebted empires like Britain and Rome, according to a provocative new book.

Weekly Immigration Wire: Abuses Rampant in US Detention Centers
In political circles, we sometimes use the phrase "police state," to describe losses of civil liberties or the encroachment of penal processes into our lives.


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 Event - Universal City, CA
Global Immigration Law Group will be hosting a seminar discussing the Alberta Canada Permanent Residency Program for H-1B Holders and other types of Canadian immigration on February 7, 2009, from 9:30am – 12pm, at the Hilton, Universal City (next to Universal Studios). The address is 555 Universal Hollywood Drive, Universal City, California 91608. The number is 1-818-506-2500. Parking with validation is $9. Costs for the seminar are $30 per person. Please RSVP ahead of time so that we will have materials prepared for you. Space is limited. Registration and payment is accepted at www.InvestImmigrationLaw.com. ILW.COM is pleased to be a media sponsor.


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:
I stand corrected by Jim Roberts' (02/06/09 ID) letter concerning the use of the term "illegal aliens" in the INA. In this case, his letter did its homework better than mine did. Unfortunately, I cannot say the same for his letter's insistence that there is distinction between a "natural born citizen of the US" in Article 2 of the Constitution and a citizen by birth in the US under the 14th Amendment. I will give Mr. Roberts' letter credit for making an ingenious argument, as others have also done in this regard. I also think that my letters' comments about Justice Scalia's opinion in the recent gun control case are pretty ingenious. But in the light of the 110 year old Supreme Court case of US v. Wong Kim Ark that so many of my letters have mentioned, Mr. Roberts' letter's views on the issue of who is a natural born citizen of the US are not the law, any more than my letters' arguments against Justice Scalia's gun control majority opinion are the law. It is high time to move on to the next topic.

Roger Algase, Esq.
New York, NY

Dear Editor:
FAIR, CIS, and NumbersUSA are just an example of the racist organizations lobbying Congress under the guise of immigration reform (see 02/06/09 ID comment). John Tanton's nativist views should not be promulgated in any way, shape, form or fashion and yet Congressional members are doing just that by affiliating with the above-named organizations. Every effort should be made to make public the names of those members of Congress who support these groups so that there constituents and the public can know where their sympathies lay. There is no place in America for anyone who thinks that a European-American majority is required to maintain American culture. Again, may I remind all readers that not so long ago, Germans, Irish, and Italians were not welcomed in this country. So much for your European-American majority if the predjudices of those times had been allowed to hold sway.

Steve Cedillos

Dear Editor:
In his zeal to create a more dramatic analogy Murray's letter (02/09/09 ID) suggests our undocumented workers are a putting us at risk for anarchy. As has been discussed by previous ID letters, a large component of this problem with regard to our Southern border is lack of respect for the families that contain both US Citizens and undocumented. The issue of business owners need for various types of workers is also a popular topic. It's really a question of who issued the ticket not if one exisits. (except criminal aliens) I have extremely conflicted feelings about the right of the government to restrict a citizens access to family members and labor. Just because a law is on the books does not make it fair, just or constitutional. Hopefully with time and a new administration "policy" will change and a more reasoned tone will prevail. I'm not sure "sovereignty" fits in the discussion. Its not a "nation" specifically that is disputing our laws its a large number of individuals seeking refuge in an economic disaster. It seems when a citizen is harmed by the law in bizzare and unforseeable ways, it should be fixed. Its interesting to think about though since a stowaway really isn't "harming" the ship owner beyond the uncollected fare. It doesn't harm the other passengers in any tangible way, he is simply catching a ride. Would the punishment of cutting off his feet or encarcerating restore the ship owner? I think not. The only way to restore the ship owner is to make him pay his fare. Isn't our concept of punishment, restoration and who is being harmed in these matters distorted? What workable solution do you offer? We certainly cannot feed the anchor babies to the lions as some of letterwriters would have us do to prove our sovereign status.

Maura Freeman

Dear Editor:
Regarding ID's Comment (2/6/09), "Nativist Lobby", is the complaint then that the restrictionist message movement is too organized, effective and well received? Is not what these groups are doing is what ID and others do on the opposite end of the spectrum? If the former are are examples of "intolerance", are the latter groups then guilty of tolerating anything to the detriment of all of US? Is Dr. Tanton's publishing company a "racist" one or simply a publishing company? Is it then the goal of entry enthusiasts to not: "maintain American culture" nor "a European-American majority"? If so, why, and what are the motives for doing so? Is it not racist or worse to approve or not criticize other ethnic groups for pursuing their cultural interests while marginalizing these groups that promote prudent policies for US? Yesterday's letters by Roger Algase, Esq., David D. Murray, Esq., and others demonstrates which view advocates the preservation of the rule of law and culture for US and which one does not. For the benefit of those needing further explanation, my usage of the "Heil Hitler" salute in my letter of Feb. 5th was to note the similarities of attempts to limit free speech. The Titanic did not go down because "engineers proclaimed she was unsinkable" (Letter of M. Freedman - 2/5/09 ID) but because the limited amount of water that had supported the ship became an overwhelming flood of uncontrolled water that defeated her design or carrying capacity when containment (enforcement) was compromised. The false attitude that the ship was unsinkable certainly contributed to the lax policies leading to the tragedy.

Jim Roberts


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 1995-2008 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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