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Immigration Daily July 1, 2009
Previous Issues
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Comment

Return To Normal

The Sacramento Bee recently carried a map with color codes showing when different metro markets across the country will return to their pre-recession employment peaks. Since employment-based immigration business is closely tied to the employment situation, the map is helpful in pointing out geographical areas where immigration attorneys will have many opportunities, and other geographical areas where business will likely remain tough for a long time.

First, the good news. The best places to be in this recession are Texas, New Mexico, Utah and South Dakota. However, there are patches of good areas in other states, examples are: Northern Virginia and Bakersfield, California.

Now the bad news. The worst places for this recession, where the economy may not recover for up to five years, are much more numerous. They are: Wisconsin, Michigan, Indiana, Ohio, Pennsylvania, New York, New Jersey, Connecticut, Rhode Island, Massachusetts, Florida, Oregon and California.

The map is based on projections from just one forecaster, so it should be interpreted with caution. However, it seems that two conclusions may be justified: (1) Texas is a great place to practice employment-based immigration law right now, and (2) In many parts of the country recovery for employment-based immigration practices is not just months, but years, away.

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


Focus

THE PERM BOOK

THE PERM BOOK, 2nd 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

CIR Update: White House, Democrats All Over The Place
Rami Fakhoury and Mark Levey write "President Obama's statement Thursday supporting Comprehensive Immigration Reform (CIR) was accompanied by mixed messages from key White House and Congressional figures."

Tax Treaty Benefits For Scholarships And Fellowships
Paula N. Singer writes "Scholarship and fellowship payments that are not for qualified items are taxable to the recipient."

Immigrants Of The Week: Benny Feilhaber, and Lakshmanan Sathyavagiswaran
Greg Siskind celebrates the achievements of these select immigrants.

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


News

Neufeld Memo On Implementation Of District Court Ruiz Order For Religious Worker Petitions
USCIS Neufeld, Acting Associate Director issued a memorandum implementing the district court's order in Ruiz-Diaz v. United States, No. C07-1881RSL (W.D. Wash. June 11, 2009).


Classifieds

Help Wanted: Immigration Attorneys
The Murthy Law Firm is seeking immigration attorneys with at least three years of experience in business immigration law, with or without litigation experience. Our practice is dynamic and fast-paced. We have high standards with regard to integrity, work ethic, and quality. Successful candidates will have the ability to work both as members of a team and as team leaders. They will join over a 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 and support staff. Good writing and analytical skills are required, as well as experience dealing with complex immigration law cases. Litigation experience a plus. Interested candidates may visit www.murthy.com/jobs.html for details regarding the unique benefits of working at the Murthy Law Firm. Resume + cover letter should be forwarded to hr@murthy.com. All communication will be treated in confidence. Salary and benefits are commensurate with experience and abilities. We are an equal opportunity employer. Final interviews of candidates are at our office in Owings Mills, MD, a few minutes from downtown Baltimore, Maryland.

Help Wanted: Immigration Attorney
Small immigration law firm in Northern Virginia seeks associate with 2+ years of experience in litigation before administrative tribunals. Good writing skills. Send resume at mlfernandez@mslaw.pro. Must be fluent in Korean. Salary commensurate to experience. Good benefits.

Help Wanted: Immigration Paralegal
Small immigration law firm in Northern Virginia seeks immigration legal assistant with 2+ years of experience in business immigration law. Send resume at mlfernandez@mslaw.pro. Must be fluent in Korean. Salary commensurate to experience. Good benefits.

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.

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.


Headlines

Perception Bests Facts In Debate On Immigration
State Sen. Russell Pearce, R-Mesa, has made a career out of trying to legislate away his perception of the illegal-immigration problem.

Obama Promises Immigration Reform Soon
It seems that finding the time to reform immigration laws is not as simple as Obama had hoped.

Commentary: Immigration Reform Takes Courage
Most of the elite media - given the embarrassing shortage of Hispanic journalists - doesn't have a clue about Hispanic voters.

Political Intrigue In A Personal Injury Case
The issue of worker lawsuits claiming future damages had not before been raised in the context of political asylum.


comingsNgoings

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

Honors And Awards
The Legal 500 announced that three firms: BAL Corporate Immigration, Fragomen, Del Rey, Bernsen & Loewy, and Seyfarth Shaw tied for first place in its immigration law ranking. Published for over twenty years, the Legal 500 Series provides the most comprehensive worldwide coverage currently available on legal services providers, in over 100 countries. http://www.legal500.com/c/us/labor-and-employment/immigration.


Letters

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

Dear Editor:
Luis Colorado's letter (06/30/2009 ID) contains a common complaint, but also reflects a lack of understanding of the US immigration system his letter criticises. We all know the system is not perfect, but we also know that much of the criticism over processing times and even denials of applications and petitions is unfounded. Not everbody qualifies for US immigraition benefits. Mr. Colorado's letter says he has been on an H-1 and on a TD. Obviously, his wife must have TN status. That means he is not employment authorized. Also, he does not tell us which H-1 (H-1A or H-1B) but I will assume the was not an H-1A, which expired in 1997, because if he were a qualified nurse, permanent residence should have been no problem, so long as he stayed with the employer through the process. But the letter says "three employers tried to apply for my green card". This raises a flag for me and tells me that the letter is withholding pertinent facts. As for long processing times for permanent residence, this is largely because of the Visa Quota system. Don't blame DHS or USCIS, or even DOS, who administers the Quotas, blame Congress for not allocating more visas. The Visa Quota has not been updated in decades. As to Mr. Colorado's friend who qualified under INA 245(i), that was a lucky fluke and if Mr. Colorado had filed an Application for Alien Labor Certification before April 30, 2001, he still qualifies for paying the $1,000 fine, as his letter mentions, and adjusting to permanent residence becaused he is grandfathered in under INA 245(i). After spending $10,000 on lawyer's fees, this should be abundantly clear to any applicant. And, last I heard, Canada is a pretty nice place to live.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
No doubt to the relief of many ID readers, I am planning to take a summer break from letter-writing (though I have to warn that exceptions are always possible). Therefore, I would like to make a few comments about immigration reform now. Under President Obama, we have had "Wall Street reform" which consisted mainly of bailing out the large banks. We have had "Guantánamo reform", which involves reviving the Bush/Cheney "military commission" kangaroo courts and postponing, if not ultimately abandoning, plans to close the prison. We have also had 'torture reform", which, fortunately, seems to mean an end to waterboarding, but at the price of granting effective amnesty to torturers. That word leads me back to the topic of immigration reform. If last week's reported statement by New York Senator Charles Schumer, a liberal Democrat and supposedly pro-immigration advocate, is any indication, "immigration reform" will be largely along the same lines as the other "reforms" mentioned above. According to the Washington Post, Senator Schumer wants a national ID card, immediate deportation of any illegals who fail to qualify for a tough legalization program, and even heavier fines for employers of illegal immigrants. Not a word about reducing visa backlogs or making the legal immigration system more equitable. This is "immigration reform" that we can do without.

Roger Algase, Esq.
New York, NY


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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