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Immigration Daily March 10, 2009
Previous Issues
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Comment

Top Links February 2009

We feature the most accessed links by our readers in February 2009 below:

Top five February Immigration Daily Articles

Top five February Immigration Daily Items

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


Focus

PERM For Experts

PERM For Experts is a 3-part telephone seminar featuring Michelle Funk, Pamela Genise, Sheela Murthy, Devang M. Shah and other speakers to be announced (Aron Finkelstein, discussion leader). The curriculum is as follows:

FIRST Phone Session on March 11: ETA-9089 Denials

  1. Denials based on two types of errors
    1. DOL errors
    2. Error on form
      1. Typographical error (non-substantive)
        • Transposing date/s of advertisements
        • Transposing wage information: $50,000/year -> $50,000/hour
      2. Mistake / Omission (substantive)
        • Failure to check "yes" to H.8 (Is alternate combination of education / experience acceptable)
        • Failure to include "magic" language ("any suitable combination of education, training or experience is acceptable")
  2. Requests for Reconsideration
    1. DOL error v. Mistake / omission
    2. How to request reconsideration
    3. Reconsideration Processing Time/s
      1. The general processing timeframe for reconsideration requests
      2. Is expedited processing available for DOL error-based denials?
        • Is this available for employer / representative errors (mistakes / omissions)?
  3. Withdrawal/s
    1. When is withdrawal permitted?
    2. When is withdrawal done?
    3. Strategies for appropriate timing of withdrawals
SECOND Phone Session on April 1: Drafting a Proper ETA-9089
  1. Foreign degree equivalencies (3-year Indian degrees)
  2. Using the "magic" language
  3. Flexible minimum requirements
  4. Anticipating business necessity
  5. Specific Vocational Preparation (SVP)
  6. Job Zone/s
  7. Wage issues
    1. Wage ranges
    2. Is the SWA reliable
      1. Using Level I/II/III/IV if worksheet differs
      2. Does safe harbor exist
    3. Alternate wage surveys
      1. PERM regulations/ FAQs: liberal v. conservative
      2. Is GAL 2-98 still relevant
THIRD Phone Session on May 6: Predictions for the Future
  1. Using the new form
    1. Advanced form changes and implementation
    2. Incorporating "magic" language
  2. Auditing compliance files
  3. Close of businesses
  4. Filing PERM in a bad economy
    1. Potential for more supervised recruitment
    2. Second audits requesting resumes
    3. Potential delays in DOL processing times
    4. Change/s in circumstances
      1. Company merger/s
      2. Position/s open at time of filing but closed at time of audit / decision
      3. Unanticipated work location/s v. client-site/s
      4. Change of work location/s
    5. When to expect things to begin moving again
Don't wait to register, Tuesday, March 10th is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: http://www.ilw.com/seminars/200907.shtm. Fax form: http://www.ilw.com/seminars/200907.pdf.


Articles

Walking The High Wire Without A Net - The Lawyer's Role In The Labor Certification Process
Gary Endelman and Cyrus D. Mehta write "Through this analysis, the authors will highlight the divergence that may arise between the employer and the foreign national worker, as well as the ethical conflicts that may be encountered by the lawyer while seeking to zealously represent a client in navigating through the DOL's artificial and contradictory recruitment procedures."

Debunking The Myth Of Santuary Cities: Community Policing Policies Protect American Communities
Lynn Tramonte for the Immigration Policy Center writes "More than 50 cities and states across the country have adopted policies that prevent police agencies from asking community residents who have not been arrested to prove their legal immigration status.

Bloggings On PERM Labor Certification
Joel Stewart writes "To qualify for 2nd Preference, aliens have to have PERM cases filed for occupations classified as Zone 4 or Zone 5 on the O*Net."

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


News

USCIS Amends Guidance on Parole Request Processing By Cuban Nationals
USCIS Office of Field Operations Chief John M. Bulger released amendments to the March 4, 2008 guidance to USCIS Field Offices on the processing of initial parole requests presented by natives or citizens of Cuba who are present in the US without having been inspected. For the February 3, 2009, USCIS Bulger memo, see here. For the the February 4, 2009, amended guidance memo, see here.


Classifieds

Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of Chief Counsel (OCC) seeks experienced attorney with 2+ years demonstrated experience in immigration law or related experience for the Legislative Counsel Division. Function primarily involves proposed changes to the immigration laws, it also includes legislation on the subject of appropriations, public benefit programs, Federal personnel law, and any other matter affecting the operations of USCIS as a Federal agency. 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-2009-0003 at USAJobs.com. Submit a resume, cover letter + writing sample (max. 10 pps.) to: Philip B. Busch, Legislative Counsel, USCIS Office of the Chief Counsel at Philip.Busch@dhs.gov. Must be sent by 5pm, EST, Friday, March 13, 2009. Position is at the GS-13/15 levels. No relocation reimbursement available.

Help Wanted: Immigration Paralegal
Roseland, NJ - Fox Rothschild LLP has an opening for an immigration paralegal. The ideal candidate will have 5+ years of employment based immigration paralegal experience. Experience must include preparing and filing full range of employment-based applications, independently conducting research, analyzing legal resources, maintaining document files and case docketing. Must be team player, detail oriented and possess excellent communication, writing, organizational and computer skills. Will consider Bachelor's degree, Associate's degree, or paralegal certificate and 5 years of experience or 10 years of comparable work experience. Please apply online at http://www.foxrothschild.com/careers/paralegal/default.aspx?id=9164. EOE.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global Current, a service of AIESEC U.S., a leader in international exchange and professional training for over 50 years. Unlike other visas, the J-1 does not require a lengthy petitioning process, has few restrictions and can be processed at any time of year to facilitate the quick and simple implementation of an Exchange Visitor Program. Global Current has developed a streamlined sponsorship process supported by J-1 experts that allows us to maintain an unrivaled 48 hour turnaround time on complete applications. Global Current provides J-1 Trainee and Intern programs in a variety of occupational categories including law, engineering, finance, architecture, graphic design, marketing and fashion. For more information on eligibility requirements and a complete list of occupational categories, visit www.globalcurrentexchanges.org or email Melany Hamner at melanyh@globalcurrentexchanges.org.

CLE Immigration Event
Memphis, TN - (May 15-16, 2009) The Federal Bar Association and AILA Mid South Chapter invite you to join us for one of the most exciting regional immigration conferences you will attend this year. The confirmed speaker line-up is a who's who, including respected AILA attorneys and government officials including chairman of BIA, US Court of Appeals judge, director of OIL, current and former immigration judges. This conference offers opportunity to hear from a panel of ICE and CIS supervisors discuss local priorities that affect the mid-South and nationwide. Mingle with faculty without large crowds. This intimate setting is perfect for both new and experienced practitioners alike. Program includes special programs for pro bono attorneys + criminal lawyers. Earn up to 16 CLE hours and have fun too. Early bird deadline is April 30th. For more info, including speakers, curriculum, and registration, see here.


Headlines

Legislation Would Give Judges More Room To Protect Families
is time to reject the brutalizing, anti-immigrant policies of the previous administration and create policies that respect individuals, families and our moral and religious traditions that urge us to welcome the stranger.

Houston Immigration Court Sees Spike In Cases
The number of cases in Houston's immigration court climbed by roughly 40% over a 5-year period while the number of immigration judges in Texas stayed flat.

Feds Seek Break For Rogue Immigration Official
Federal prosecutors are recommending two years behind bars for a former senior immigration official scheduled to be sentenced today.

Authorizing State And Local Enforcement Of Federal Immigration Laws
The Immigration and Nationality Act, as amended during the Obama Administration, authorizes the federal government to enter into partnerships with state and local law enforcement agencies to train officers to assist in identifying those individuals who are in the country illegally.


comingsNgoings

Readers can share professional announcements (up to 100-words at no charge), email: editor@ilw.com. To announce your event, see here

Immigration Event - Washington, DC
The Migration Policy Institute is pleased to invite you to: Asylum in the European Union: A discussion with Judith Kumin, Director of UNHCR's European Union Liaison Office. Thursday, March 12, 2009, Time: 9:30-11:00 am (A light breakfast will be available.), MPI Conference Room, 1400 16th Street, NW, Suite 300, Washington, DC. To RSVP, see: http://contact.migrationpolicy.org/site/Calendar/1101511748?view=Detail&id=4021. For questions, contact events@migrationpolicy.org or 202-266-1929.


Letters

Readers can share comments, email: editor@ilw.com (up to 300-words). Past correspondence is available in our archives

Dear Editor:
An amnesty may happen. President Obama has called for a dialogue of suggestions of how to implement an amnesty. I think ILW.com would be the perfect venue to put up suggestions that could be reviewed. Please let's make appropriate suggestions, i.e. rant free. Let me start. 1. Have USCIS give interview times by attorney rather than by client so that clients are grouped together by attorney.

Merrill Clark, Esq.
NY, NY

Dear Editor:
Jim Roberts's Letters to the Editor of ID have most apparently sprinkled fairy dust over every issue discussed, making some outrageous claims, supported by little, no, or questionable supporting evidence. Instead of focusing and intelligently commenting on immigration, Mr. Roberts's letters seem to have consistently bashed credible differing opinions and have so often digressed into irrelevant fringe issues; it is getting a bit tiresome. I can no longer hold my tongue - Jim Roberts's letters' flights of fantasy peaked in 03/05/2009 ID, claiming America's duly-elected president is not a US citizen, citing the fanciful, and perhaps delusionary, opinion appearing on JR Dieckmann's website. Mr. Dieckmann, apparently the editor, publisher, writer and webmaster of what appears to be an ego-driven, ultra-conservative internet publication that might be compared to the “Enquirer” and having just about as much credibility. Reliable? It seems through his website, Mr. Dieckmann disseminates his own brand of personal and clearly self-righteous, narrow-minded, bigoted right-of-right-wing view of the world and the nation we live in, with wild and unbridled abandon. Apparently respecting his credibility, Mr. Roberts's letter seemingly takes that position that Mr. Dieckmann has all the authoritative answers. So, I wonder why he isn't the president. Perhaps between his day job as an electrician (yup, just an ordinary Joe, just like you and me – gosh, it's shades of Sara Palin, by jiminy!), and his webmastering, Mr. Dieckmann is too busy. I suggest he not quit his day job, and while these are great credentials, no doubt accompanying a great and highly educated mind, I wonder if his opinions on the citizenship of Barrack Obama are worthy of serious consideration? I don't think so. Let's stop the nonsense. We know the immigration system is broken. Now what can be done to make it better for America?

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Robert Eckerson's letter appropriately pointed out that Cancellation of Removal for illegal aliens in proceedings pursuant to traffic stops does not have a high percentage success rate (because of the hardship standard required). In rebuttal, I say that it may still be better than nothing, and can get them a work authorization (and social security number). If there are US citizen family, they have at least a prima facie case for cancellation, and the individual hearing may be a year or two later. Meanwhile, the law can change, the hardship picture can change, maybe their chances will improve. I remember in 1996 when we all were scrambling to get qualifying suspension candidates into proceedings because it was their best chance at immigration. It's pitiful that attorneys have to find such a dim bright side, but any hope is better than none, and I'm not real encouraged by the lack of progress on CIR, despite pious campaign promises. The 75% of the Latino vote that went to Obama may be reflective that they were fooled by Obama, or that immigration isn't really an important issue among Latin-American voters. It would surprise me greatly if it were the latter, and, if the former is not true, then let's giterdone.

John E. Shorkey, Esq.

Dear Editor:
Mr. Murray's 03/06/009 ID letter to the Editor asked us to come up with solutions to our immigration problems. On March 9th several readers bemoaned the lack of proposals. I'd retread one of my own - significantly lowering the cost of an investment visa and simply allowing the purchase of citizenship for non-dangerous immigrants for a high but non-insurmountable, say $50,000.00 fee payable by a lender (even, dare I say, an employer) or an immigrant and point again to Mr. Yang's letter's excellent suggestion of having tourist visa bonds put forward by tour agencies for people coming here to prevent overstays. In both situations, the solution is revenue positive for a government seemingly swinging at every possible fence at once and it if far easier to administer than the crazy quilt of programs and regulations most people come here under now.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
I think history has shown us that under conditions where labor regulations and immigration law worked hand in hand to allow a flow of "legal" temporary workers to take jobs in an expansion of the economy we saw less illegal immigration, and far less migration of the nuclear family with the worker. Its far cheaper to keep wives and children in the sending home country. Clamping down on the border ignores the reality that nearly 1 in 10 families now is "mixed status". Families make one trip instead of sending just the income earner because its become increasingly difficult to safely transit the border. NAFTA and farm subsidies have contributed to wholesale gutting of Mexico's economy resulting in a pressure on our border that we never had before. Interior enforcement efforts have overwhelmingly burdened the taxpayer by creating a prison for profit system that simply siphons off money that could be better spent elsewhere. Enforcement only efforts as a result of lack of Congressional action have ignored the problem's complex nature. I'm deeply concerned if we have 12 million illegal aliens, we also have 4 million affected US Citizen children who will be victims. We should plan for those individuals who have a future immigration benefit via a relationship with a US Citizen nuclear family member. Creating a legal channel for mixed status families, workers when the economy is expanding, and programs that promote economic wellness in key sending countries will go a long way towards reducing future flows. We should stop the enforcement madness immediately. While we "export democracy" on the one hand we increasingly look like a police state, with the highest per capita incarceration rate on the planet. Prison Population expanison is not the place we should "lead the world".

Sergi Sheplov

Dear Editor:
What's wrong with "benefiting" from cheap labor? The nativists here should stop buying cheap imports made by near slavery labor in Bangladesh, Cambodia or China if they feel they're so noble and care about human and labor rights. Ones can't preach to others, on something they don't do, it's called as hypocrisy. We want to outlaw foreign labor coming here, fine, but shall we make laws to make buying imports also as illegal and a "crime"? Laws should be made to protect universal justice, equal rights and human rights not to serve selfish special interests for selfish purposes, such as discouraging open competition, free trades and to establish protectionism. Airline tickets won't be cheaper without internet and computer technology, and we have to book everything ourselves even print our own boarding passes, on the downside it means more manual jobs have been outsourced to automated system instead. Our lunch and dinner are still affordable because they're "illegal" Mexicans dishwashers and Chinese cooks to do the jobs for less. We can buy a nice pair of jeans and decent laptops because there ones in China and or Guatemala are willing to make them for us for much less and we save money because they are willing to work for cheap. Since the beginning of the humanity, working didn't require "authorization, visas, permits and so on", willing employers, willing employees, that's about it. Today, we make it much more complicated just because of politics of nativism to make self serving individuals happy because they know they don't have to earn it by working harder or posses more skills over others but rely on their politicians to make competition illegal. Shame.

Robert Yang

Dear Editor:
Thank God someone spoke for me, thank you whom ever wrote that comment God Bless you (03/09/09 ID). I have seen the faces of those families. It is very sad. I hope someone from the government listens.

Rossi LeClaire

Dear Editor:
What does ICE stand for? Immigration and custom enforcement (see 03/09/09 ID comment). Don't you understand that they are supposed to chase those who came here illegally out this country, that's what exactly the taxpayers paid them for. These illegals from mexico and the rest of the third world have turned more and more towns and cities in this country into ghettos and dumps simliar those found in mexico, columbia, ...etc...has one not heard about the kidnapping cases in phoenix by the latino gangs and drug cartels? has one not heard about the tens of thousands of innocent american citizens killed by druken drivers, burglers, women raped by illegal aliens with long string of rape records? and tell me these crimes are not about homeland security? Uneducated, illiterate, ignorant people are coming in not only abusing public resource like there's no tomorrow, they keep having anchor babies after anchor babies and expect the american citizens to pay for everything. I welcome anyone to come look at how dirty, deafeningly loud, run-down and dangerous some part of new york that are in the latino neighborhoods. These people don't care how they are costing our country billions of dollars so they, who broke the law to come here illegally, could enjoy the "human rights" at th cost of the law abiding, tax paying american citizens.

Chia-Li Sung

Dear Editor:
Many anti-immigrant americans complain of undocumented immigrant workers accepting low wages thus resulting in unfair competition in the job market. They are even blamed them for the downward trend of pay rates to very low levels. Solution? Regularize these workers so they can join the unions. Surely, they'd rather have $18/hr instead of $8/hr. Another complaint is they are draining the welfare coffers of the federal government by becoming a social burden. Solution? Legalize them so they can pay ss/medicare and income taxes. If 10 million undocumented workers pay payroll and income taxes and property taxes, that would be billions of dollar going into government coffers. Terrorists, druggists, smugglers, criminals, be they citizens or immigrants have there place in jail. But hardworking people seeking the american dream should be treated with respect and dignity. America is a nation of immigrants. Even native americans have accepted the presence of immigrants in this land. But many have forgotten that our ancestors came from other lands in search of the american dream.

Cornelio Bolayog


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. 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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