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Immigration Daily June 8, 2009
Previous Issues
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Comment

Last Chance Dont Forget To Visit

We rely on you, our readers and friends currently in Vegas, to come meet with us at our Open House. We have four NEW books, which we hope you will check out. But more than anything else, we hope to shake your hand, learn how you are doing, and share with you what’s going on in our neck of the woods. Vegas is full of things to do, but we are relying on our friends to remember to make a visit to our Open House part of your program. The Open House is from 12noon to 10pm in Room 3701 (Level 3, Toscana) on Thursday, Friday and Saturday (we are NOT in the exhibit hall). We are raffling away many free immigration books for those of you who fill out a short questionnaire giving us your views on Immigration Daily. We are also offering a show-only discount for all books published by us. And everyone gets a small box of cookies from our youngest team-member, 6 year old Ms. Liberta (named after the Statute of Liberty, but to see her, you must come before bed-time!). Please come on over, and bring your friends with you! Thank you!

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


Focus

THE PERM BOOK

ILW.COM is pleased to announce THE PERM BOOK. 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

Bloggings on Dysfunctional Government
Angelo A. Paparelli writes "It's Groundhog Day in Las Vegas, as immigration attorneys convene for the first day of the annual conference of the American Immigration Lawyers Association - for many of us, regrettably, a victory of hope over experience."

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


News

DHS Corrects OPT Interim Final Rule
DHS published notice of an interim final rule correcting one typographical error and correcting two inadvertent omissions from the Optional Practical Training (OPT) interim final rule (IFR) published in the Federal Register on April 8, 2008.


Classifieds

Help Wanted: Immigration Paralegal
New York, NY - Klasko, Rulon, Stock & Seltzer, LLP, a nationally-known immigration law firm, has an opening for a paralegal with 2-3 years of experience to handle a variety of employment based immigration matters for hospitals and research organizations from its New York City office. You will work with attorneys, have contact with scientists, managers, and other professionals to determine their skills and background, draft documents to establish their eligibility for immigration benefits, and help guide them through the immigration process. If you are interested in international/intercultural issues; are a good writer; are able to understand complicated rules and procedures; and have a Bachelor.s degree with excellent academic credentials along with 2-3 years of immigration experience, please email your resume and a brief writing sample to: hrpa@klaskolaw.com. Information about the firm can be found at www.klaskolaw.com.

Help Wanted: Immigration Paralegals
Leading immigration law firm, Foster Quan, LLP, seeks experienced immigration legal assistants for its Houston and Austin, TX offices. Applicants must have two years of employment based immigration experience. A university degree is required, as well as strong writing and communication skills and proficiency with Microsoft Word, Outlook and Excel. Foreign language fluency is preferred. Must be detail oriented, able to multi-task and have strong analytical and organizational skills. Send resume and cover letter via e-mail to hr@fosterquan.com, referencing the position title in the subject line.

Translation Services
Eurasia Translations, Inc. has been proud to serve immigration attorneys and individuals since 1993 with the translation of personal documents, academic credentials, criminal clearance letters, etc. Our customers can rest assured that all of our translations are prepared in accordance with USCIS requirements and are accompanied by a notarized certificate of accuracy. For more information, please call 888-887-1884 or visit our website. For a free quote, please complete http://www.eurasia-usa.com/quoteRequestForm.html or fax your document at 818-907-9763.

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.


Headlines

Mohawks Continue Struggle At Border
The people of the Mohawk territory of Akwesasne remain steadfast in their resistance of new border policies, maintaining a peaceful protest site and steadily working to gain support from other Indian nations and organizations.

Study Finds Dairy Farms Rely Heavily on Foreign Workers
A comprehensive national survey of the employment practices of America's dairy farmers found that they rely heavily on foreign-born workers, the loss of which would cripple many farms and create a ripple effect of job losses through the rural economy.

Hispanic Activist Warns GOP On Sotomayor Response
But I think what this is reflective of is there's still a very big split in the Republican Party over the direction they want to take on immigration.

The Battle Begins
The stated goals of the group would provide eventual citizenship for the millions of undocumented individuals already here and would seek additional visa permits to decrease undocumented immigration as a whole.


comingsNgoings

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

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.


Letters

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

Dear Editor:
As for the birthright citizenship issue its interesting the only "solution" offered by the anti-immigrant crowd or the restrictionists is rescinding birthright citizenship for non-citizen children. As is true for most other ideas the restrictionists seem to conjure this too strays from the smaller government less interference with personal lives the Barry Goldwater Republicans were known for. We now have thanks to Republicans the Military Industrial Complex, the Prison Industrial Complex and the highest per capita incarceration rate on the planet. We have made an industry out of locking people up in the name of "rule of law". So what now we create a new complex.. what should we call it the Bureau of Birthright Citizenship? I believe in live and let live, the dignity of the human being and the freedom our founders described, the right of all men to self sustenance. The scrappy crew that made this country great will disapear if restrictionists prevail. Suffice to say, I left the party before the election like many of my mixed status family members. This week the GOP talking heads had a heyday with Sotomayers nomination. No one trounced on Cheny when he made his comments, they agreed to disagree and understand his perspective as a "mixed-status" family, yet Sotomayer was called a racist. I don't think they will have even 11% come next election if this keeps up.

Sergi Sheplov

Dear Editor:
I know many will regard Attorney General Holder's reversal of Compean as pro-immigrant, but I hope it will also be regarded as pro-Bill of Rights, pro-decency and pro-fairness. I'm not an attorney and don't claim to be an expert in the arena of jurisprudence, but the decision seems to me to be consistent with the evolution of the way jurisprudence is practiced in this country.

Gregory W. Christian
Washington, DC

Dear Editor:
I would like to comment on ID's recent comments (06/05/09 ID). Congratulations on your upcoming event in Las vegas.

Devi Garrido


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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