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Immigration Daily March 17, 2009
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Focus

THE PERM BOOK

THE PERM 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

Frequently Asked Questions About The Army's New Non-Citizen Recruiting Program For Foreign Health Care Professionals
Margaret D. Stock writes "Titled "Military Accessions Vital to the National Interest", the new pilot program allows certain non-citizens who are legally present in the US to join the Army and apply immediately for US citizenship without first obtaining lawful permanent residence."

Holy Cao! Want Some Good Refugee News?
Judy K. Warner writes "Good news about refugees is rare, I know. The election of Joseph Cao in Louisiana is exactly that."

Bloggings On PERM Labor Certification by Joel Stewart
Joel Stewart writes "According to his standard, the job of electrician cannot be filled by a person who meets the requirements stated, since a combination of experience, education and training would exceed the maximum to two years SVP permitted."

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


News

USCIS Invites CBOs To Apply For $1.2 Million Competitive Citizenship Grant Program
USCIS will provide funding to community-based organizations that serve one or more priority immigrant groups in areas of the US that contain a large representation of the country's immigrant population.

USCIS Will Continue To Process I526 Forms
As a result of the extension of the Pilot Program, USCIS will continue to receive, process, and adjudicate all Regional Center Proposals and Forms I-526, Immigrant Petitions by Alien Entrepreneur, and Forms I-485, Applications to Register Permanent Residence or Adjust Status, affiliated with Regional Centers relying on “indirect” job creation analysis.


Classifieds

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.

Case Management Technology
Offering enterprise-level software and unparalleled US-based support, ImmigrationTracker is the most flexible and dependable immigration management solution on the market today. Designed by immigration attorneys and paralegals, ImmigrationTracker is often praised for its ease of use, intuitive features, and built-in immigration knowledge. As one of our customers noted, "If we had two years and unlimited funds to design our ideal immigration management system, Tracker would be it." Phil Curtis, Chin & Curtis. Find out for yourself why Tracker is the choice of: 83% of practicing Past Presidents of the AILA (American Immigration Lawyers Association, through June 2007); 86% of the 25 largest immigration law firms (IndUS Business Journal 2006); 75% of the AmLaw 200 (largest US law firms, American Lawyer Media, 2006); 3x as many globally ranked immigration attorneys as compared with other software vendors (Chambers Global and the International Who's Who of Business Immigration Lawyers, 2007). Schedule your private demo: Call 1-888-466-8757 ext. 278 or email sales@immigrationtracker.com.


Headlines

Concern With Immigration Brings A New N-Word To American Culture
Why, in our democratic-capitalist system, do some feel that a legitimate business should not be able to tap this large group of consumers?

[CT] Bill Protects Children In Immigration Raids
A [Connecticut] bill recently introduced in the state Assembly would create guidelines for schools to follow to protect children from intimidation - and keep them in school - during immigration raids, such as those that swept through Mendota two years ago.

A Deportation Case Against A Dead Man
Seven months later, the federal government is still proceeding with the deportation case against him.

Despite Recession, Immigration Reforms Essential to Normalize Labor Flows
Yet despite conditions, lawmakers should be preparing changes to immigration policy in anticipation of the country's economic revival, says former Homeland Security Secretary Michael Chertoff, who had jurisdiction over immigration issues.


comingsNgoings

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

Immigration Book
Who Speaks for Hispanics?: Hispanic Interest Groups in Washington By Deirdre Martinez. State University of New York Press, 175 pp. Hardcover, ISBN: 0791493571, $60.00 http://www.amazon.com/exec/obidos/ASIN/0791493571/


Letters

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

Dear Editor:
Chia-Li Sung's letter (03/10/09 ID) has certainly struck a chord. The fear of the disorderly criminal horde may be a persistent feature of often exaggerated fears of large-scale immigration, but it is based on real-world phenomena. Responding to Mr. Murray's letter, simply making it easier to come in legally and somehow shifting the balance towards more upper crusty types of immigrants, or at least towards particularly skilled or hard-working lower class folks would go a long way towards allaying fears of people already here about immigrants by cutting down on the criminality associated with hordes in near-mono-cultural ghettoes and dubious immigration status both on the frontend (one will have to have some wealth) and on the backend (the price of a deportable offense will be very visible in terms of a lost investment). My letter's suggestion of a straight fee would cut much of the bureaucracy by allowing immigration authorities to ask three types of questions to potential immigrants: Did you pay? Do you carry a dangerously infectious disease or one that American would end up having to pay for? Are you a threat to our safety? A one-time fee would allow families to sponsor relatives they care enough for the old fashioned way and it would eliminate many of the silly market-distorting requirements of the investor visa. As for the inevitable suggestion that merely buying citizenship will be cheapening or will create a class of indentured servants who will remain alienated from the county, what we have now seems far worse. We are allegedly a capitalist country with mercantile roots. Why not put a price tag and health and safety test on citizenship too? It'll cut costs, cut crime and increase transparency. I think it could also pass muster with those who share Chia-Li Sung's letter's views.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Fixing immigration was never on the Bush or her agenda, so it was impossible for her to do anything about it (03/16/09 ID comment). I never saw Ms. Rice trudge to the Hill and testify before any committee; I never saw her enter the fray of discussion on the subject; and, I never saw her make any proposals to fix it. The only thing that the Bush Administration did in its quest to stop illegal immigration was to stop legal immigration. Saying now that she has regrets about the Bush administration not achieving results, and her having done nothing to assist in immigration reform, is disingenuous.

Phil Slaton
Poulsbo, WA

Dear Editor:
My own deepest regret is that bright people like Condoleezza Rice, on both sides of the political divide, continue to convince themselves that true immigration reform is taking people "from the shadows" a phrase that has synonymity with "comprehensive immigration reform" which has euphemistic association with legalization and "path to X" programs such as IRCA (see 03/16/09 ID comment). The immigrants' rights opponents keep winning at legislating (it's the "W" in the win-column, stupid!) because our side - the immigrants' rights advocates - has failed to coin a coherent message to convince Americans we mean what we say, like the messages of the civil rights movement. "Ethic of reciprocity" is nowhere in "CIR" to make anyone believe that amnesty isn't about taking food from the mouths of innocent little Americans, as rabid anti-immigrants suggest. Many of the CIR "players'" eyes glaze over with $$ signs because CIR means $$ any way one cuts it. The agency is literally highway-robbing poverty-level immigrants with filing fees such as $930 for a four-page I-485 and others. We must cease and desist from this "CIR" rush. What's the alternative? Read my book: Immigration Reform - We Can Do It, If We Apply Our Founders' True Ideals (Hamilton 2009). The publisher rushed me, hoping to put it on shelves by Election Day. Then the bottom fell out of the economy, and nobody wanted to talk about anything else. Still, I tried hard to cobble together several arguments. I begin simply with the construct that work is a human right. If we require it of other countries, can we trample it here? This is the kind of argument we must make. But the other attention we must pay is the structure of the entire INA. Dillingham Commission sought to do something that's not secret. Forty-one volumes were about racism.

Godfrey Y. Muwonge

Dear Editor:
Responding to ID's 3/13/09 comment, this is the best way we can upgrade the quality of service we can get from USCIS, by digitizing operation and processes, and also to get the people factor change their culture in rendering efficient, quality, and timely service to us, their customers. Eventually, we can get the information we need from the internet - same way that the personal health records are going to be made available in the health care industry. The USCIS system is broken, so with the rest of the other systems in our government. But, as long as we're headed towards the right direction, and something is being done, hopefully, we can get there as fast as we can. Progress can't be delayed. As long as we, the stakeholders, will be the drivers, let's get vigilant, knowledgeable, and on the forefront of our issues as we see them fit, and in unity we can not fail. "Divide and conquer" is a strategy - let's not allow it to happen. Kudos to IT in USCIS proccesses! Digitizing it is just a step, but a big leap to progress! Hopefully, my two sons whom I petitioned 7 years ago can get an answer - 7 years and all I received was a letter of receipt of the petition, and that it would take 999 days for processing. It's been how many days now?

Luz
Fayetteville, NC

Dear Editor:
CIR must happen in 2009 with common senses changes in our current immigration laws. We must establish guarantor or bond system for visa applicants from risky countries and allow more group tour visas for tourists from many exporting and developing nations. The global economy crisis happened because we spend too much on imports and not to let our trading partners to spend that money back in the US. Spurring tourism is one way to jump start our economy and creating jobs. We must eliminate chain family based category and put some strict condition that only immediate family members can be sponsored if the sponsors are financially able to do so and have means to support the new members. We must put conditions on all new immigrants that they must be English proficient, healthy and of good moral characters, accepting our Constitution and the principle of separation of religion and state, which is very important in relation of some Muslim immigrants who still believe in imposing their outdated Sharia laws where ever they are, secure jobs within 6 months and not seeking any kind of public welfare for at least 10 years and must have at least $ 6000 or 3 months worth of living expenses in the US before they arrive here and giving earned legalization for those who are here without legal papers. Work sites enforcement must focus on employers and fine them with substantial fine to cover the cost to compensate their illegal employees and cost of repatriating them to their homelands. Our immigration laws should not treat humans as criminals and putting them in jail for working without permits but let focus on the employers to pay their illegal workers to go back to their countries, this is good enough as deterrent.

Robert Yang

Dear Editor:
Murray's latest letter (03/16/09 ID) thankfully distances itself from the blatently anti-immigrant views expressed in J.Roberts's letter (03/16/09 ID). Unfortunately Murray's letter expresses an elitest viewpoint when it comes to immigration policy. His leter states it doesn't understand Prachal's letter suggesting investor visa's to $50,000. "hardly more than the price of a well equipped SUV." Investor visas are proof positive of the racist and elitest immigration policy we have been railing against. While one with a college education with an Esq. on his signature may seem like a paltry sum, if an investor from country where the per capital average income is is below $4000 a year comes up with the formidable sum of $50,000 to invest in America, we should sit up and take note. There is a person America should be clamoring to have. It pains me to think the children of rich European families can get daddy to write a check to a real estate investment interest in the US to come here to play in the elite neighborhoods of our country. $500,000 for these people is a pittance, why not require a substantial investment based on the individual or family net worth? Is it really an "investment" or pocket change? Creating a system that lets one "buy-in" regardless of character, work ethic or commitment to society makes a mockery of the other hard earned visa categories. Being rich doesn't make a person a disirable commodity. Investor visas should be country specific, based on the per-capita incomes of the country the Immigrant is coming from and reflect the value in work ethic and ingenuity of the person who we allow to enter and become a part of our great experiment.

Sergi Sheplov

Dear Editor:
In regards to the 3/16/09 Letters, the comment D. Murray's letter made about my letters, I could use about those of R. Algase's: "I wish Jim Roberts's letters [ ie: RA's ] would not use my letters as support for his philosophies". While my "too much immigration" comment included legal and illegal entry which is the "reality", there is nothing "American" about this or "masterfully" about the deliberate twisting and revision of my views to fit the racist, bigoted, distorted and clouded "lens" through which the RA letters sees everything poorly. Had the last election been limited to BO, McCain and Alan Keyes (a black), I would have voted for Alan, a man of principle. Racebaiters use racism as a bully tactic to preclude other valid reasons for making choices and is intellectually deficient and they need to get off this tired horse. My letter was edited by leaving out my J. Henderson comment and then attributed my "faustian bargain", R. Gittelson comment to JH. On my enlarged type screen, my letter was 45 lines as submitted, and 31 lines as run. The number of lines in the letters that ran were: RA(42), RY (47), DM (44) and VJ (45). My letter, before editing was similar in length to the others.

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. 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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