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Immigration Daily March 31, 2009
Previous Issues
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Comment

South Of The Border Action

A recent Reuben Navarette editorial says "On a recent weeklong trip south of the border, I found plenty of Mexicans who believe Americans are making a bad situation worse." For the full editorial, see here.

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


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

Consular Corner: March 2009
Liam Schwartz writes "As of February 2009 there has been a significant injection of transparency into an important aspect of the visa application process."

Plenary Power: Should Judges Control U.S. Immigration Policy?
Jon Feere for the Center for Immigration Studies writes "But despite the fact that the courts have affirmed the plenary power doctrine countless times since the 19th century, there is a movement underway to erode political-branch control over immigration in favor of a judge-administered system based on the implicit idea that foreigners have a "right" to immigrate."

Bloggings On PERM Labor Certification
Joel Stewart writes "I recently reviewed an application for a colleague which involved mining engineering. This should require a degree in geology or a similar field. The O*net is 17-2151."

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


News

EOIR Announces San Pedro Immigration Court Closing
The Executive Office for Immigration Review announced that all filings going to the San Pedro Immigration Court should now be sent to the Los Angeles Immigration Court.


Classifieds

Help Wanted: Immigration Professional
New Orleans, LA - Tulane University seeks a dynamic immigration professional for the position of Program Manager in the Office of International Students and Scholars (OISS). The Program Manager: ensures Tulane's compliance with US immigration regulations and procedures with regards to H-1B and TN visas; is principal contact for the hiring of Tulane int'l faculty and staff; ensures intl'l faculty/staff receive proper immigration documentation and understanding of US immigration procedures; assists with F-1 and J-1 visa processing; helps retain int'l students to successfully complete academic course of study through programming. Requirements include: bachelor's degree and 2+ years int'l education experience at college level or equivalent. Salary is $34,080-$43,000/yr, depending on experience. To view full job details (scroll down to Manager, Program) and to apply visit here (refer to job listing #102583).

Help Wanted: Immigration Attorneys
Owings Mill, MD - The Murthy Law Firm seeks attorneys with 3+ years business immigration law experience. Our practice is dynamic and fast-paced. We have high standards with regard to integrity, work ethic, and quality. Successful candidates will have ability to work both as members of team and team leaders. They will join dozen high-caliber colleagues and have quality support in the way of legal and administrative staff, as well as technology. They will bring in-depth understanding and knowledge of the breadth of immigration procedures, and are expected to supervise paralegals/support staff. Good writing and analytical skills required. Visit www.murthy.com/jobs.html to learn unique benefits of working at Murthy Law Firm. Send resume + cover letter to hr@murthy.com. All communication will be treated in confidence. Salary and benefits commensurate with experience and ability. EEO.

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.

Expert Witness Services
Muslim World Expert Dr. Shaul M. Gabbay is pleased to offer expert testimony on immigrants from Muslim countries/societies, including the former Soviet Union (USSR). I have testified in 150+ Immigration Court cases nationwide (asylum, cancellation of removal) and to USCIS (asylum interviews, hardship waivers) with very high success rates. For more info, including detailed biography + testimonials from lawyers who have worked with me in the past, see: www.muslimworldexpert.com. Please contact me with any additional questions: Dr. Shaul M. Gabbay, Muslim World Expert, Josef Korbel School of International Studies, University of Denver, Denver, Colorado, sgabbay@du.edu, (303) 871-2560. For countries outside of my expertise, I may be able to recommend an expert in that area.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email info@inszoom.com.


Headlines

Immigration Courts Face Huge Backlog
The nation's immigration courts are now so clogged that nearly 90,000 people accused of being in the United States illegally waited at least two years for a judge to decide whether they must leave, one of the last bottlenecks in a push to more strictly enforce immigration laws.

Hundreds In Santa Rosa Rally For Immigration Overhaul
Several hundred people marched Sunday through Santa Rosa calling for immigration overhaul as part of a nationwide rally organized by the United Farm Workers.

Prospects May Face Immigration Issues
Commissioner Bud Selig has given Major League Baseball's security division an open checkbook in an attempt to clean up off-field scandals in the Dominican Republic and other foreign countries.

Obama Isn't Asking, But Key Lawmakers Offer To Back Border Effort With Funds
When it comes to shoring up the U.S.-Mexico border, the Obama administration won't take yes for an answer. Key members of Congress want to spend more. The president is saying no thanks.


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
Kevin R. Johnson, Opening the Floodgates: Why America Needs to Rethink Its Borders and Immigration laws (NYU Press 2008), http://books.google.com/books?id=zezmNXb6moUC


Letters

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

Dear Editor:
ID carried the following article, "Prospective: The Markets Easy Touch" (03/26/09 ID Article). It's author had a depressing experience with the old INS. I am happy to report that it was very unlike any I have had with DHS and my own wife in our analogous situation, with about a month passing between our application for her citizenship and her becoming a citizen. I suspect that once processing immigration forms became more fee driven (and also because the Bush Administration focused on a cultural change in the bureaucracy, what David Broder used to call "corporate cool"), the incentives for civil servants on the line, as it were, changed dramatically, and for the better. Certainly their processing times have fallen to levels that would favorably impress the DMV, once also reputed to be terrible, but now a generally responsive and quick organization whose employees are supervised by officials replaceable at regular elections. I wish I could say the same of the Social Security Administration, which, while not hateful, has hardly been quick in dealing with "customers" in my not limited enough experience. Incentives do matter, and making more federal systems' budgets performance based might be the answer to many of life's little frustrations.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
ID's 03/27/09 comment, "Immigrants' dreams deferred in U.S." is a catchy journalistic title with a human interest factor hot enough to melt an iceberg in Antarctica. The article claims Amar Sharma is about to earn a master's degree - well, he may get OPT for a year, but that does not guarantee an H-1B the next April 1st, and he may end up back in India anyway, because a US education does not guarantee US immigration. While he and other "immigrants" can go back to their own country, where it is cheaper to be poor, natural born (there's that term again) US citizens who lose jobs do not have that option, unless Felipe Calderon flings open Mexico's northern border and offers work visas to Americans. But Mr. Calderon only wants his people to come to the US, legally or illegally, and ship back money – billions annually. The article surmises that, "Those most at risk are often poor, less educated, and not fluent in English. All the more reason to get educated and learn English to survive in the competitive US job market. The article points out that largely due to the economy, there has been a slowdown in illegal immigration since 2006. Great. As I have long maintained, deportation of illegals by attrition occurs when the jobs disappear, whether through enforcement, or the economy. George Bruno, an immigration lawyer quoted is correct when he remarks on Canada's immigration program stealing away H-1B's. Until America trains enough nurses, scientists, engineers and others, America will need to rely on foreign talent. America must pass logical immigration reform that works for America, but no CIR (buzzword for Amnesty). Instead, create a good, workable guestworker program (impossible, you say?), not a citizenship factory.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
David Murray's letter (03/27/09 ID) was a little hard for me to follow because I don't share his letter's expertise on the nuances of the relation between cows and bleached blondes. I also don't share the amusement with which his letter reflects on someone's incarceration. Perhaps instead of pontificating on the semantic labels of undocumented aliens and the necessity of racial profiling, his time would be better spent reading up on the Fourteenth Ammendment and Supreme Court decisions such as Batson v. Kentucky. Profiling is not necessary, it is unconstitutional.

Xavier Racine

Dear Editor:
Its a sad day when a letter from an officer of the court supports racial profiling (see David Murray letter 03/27/09 ID). My friends have children serving on active duty. Two perfectly law abiding young adults on leave from the Military in NY parked the car legally to visit the young mans grandmother. Apparently it was an unfortunate decision to have a vanity plate on the car that indicated the owners were Hispanic. The vanity plate issued in VA also was issued to a NJ man who drove a totally different make and model who has a habit of coming to NY and getting parking tickets he never paid. So to make a long story short they spent 2 days, 100's of dollars in cab fares and lots of abuse at the hand of beauracrats "proving" they were not someone who from NJ, when it was ever so clear from the start they were from VA. Punishment for being Hispanic? Thank goodness they didn't make the mistake of getting on a bus without the "proper documents", they might have been deported to a random country selected by ICE for being "brownish". For those that think police state action is a good thing, there are plenty of third world countries they can move to and be hassled regularly. Statistically speaking more white collar criminals ride buses in urban settings than brown folks, should we start randomly rousting white folks in hopes we can catch them? Cows produce more than milk , and I have heard enough manure for one day.

Sergi Sheplov

Dear Editor:
Divorces sometimes can doom the immigrant spouses, if the marriages were genuine but the sponsoring citizen partners are unhappy and in retaliation mode if the marriages were in rocky situation. We have huge problem also with sham marriage for profit and easy greencards for foreigners who will pay any US citizens who want to sell this kind of "service". We must put a stop on it by requiring US citizen sponsors to cover their foreign spouses' living expenses for at least 5 years even if they got divorced if their ex spouses can't work instead of looking for public welfare, we make marriages as no joke decision for some US citizens who are willing to do anything including "selling Greencards" to foreigners for quick easy bucks. But the most absurd part of our immigration laws is when the US citizen sponsor pass away before their foreign spouse secured his/her permanent Greencard and remove the conditional resident status then the spouse must leave the country then. This stupid and unjust laws must be changed for the sake of common sense. Foreigners who marry US citizens can automatically qualify and self sponsor themselves if their citizen spouses pass away and they have lived in a bonafide marriage based on love and mutual commitments.

Robert Yang


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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