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Immigration Daily July 9, 2009
Previous Issues
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Comment

Goodbye To PERM Promise

When compared to the pre-PERM regulation, PERM is significantly harsher (e.g. a typo means denial), and has significantly fewer procedural protections (e.g. no harmless error, tighter time deadlines). When PERM was initially proposed, DOL enticed the regulated community into going along with this new harsh regulation by waving the carrot of faster adjudication - just a week, DOL said! Later this was increased to one month, when the PERM rule became final. Still later, during a meeting with stakeholders, DOL raised the time to 3 months.

Now that PERM is firmly ensconced, DOL has taken away the carrot and brought out the stick. In "Workforce System Results", DOL's publication reviewing ETA activities for the first quarter of calendar 2009, DOL reveals a sinister new plan for PERM. One need not read the entire 35 page document (see below in news), just studying page 18 thereof is enough. The first thing to notice on page 18 is that while DOL professes to have a goal of adjudicating 92% of cases in 6 months, its actual performance for the reporting period is just 11%, i.e. 89% of cases are taking longer than 6 months. DOL further reveals that these depressing numbers portend a bleak future, by design, here are DOL’s own words: “The Office of Foreign Labor Certification is currently developing baseline targets for an enhanced PERM performance measure and a new PERM integrity measure. These measures are scheduled for approval and implementation at the beginning of FY 2010.” In other words, get ready for these new PERM delays to become permanent. If the new PERM integrity measure is a significant increase in the proportion of supervised recruitment cases, then all the efficiencies brought by PERM (in exchange for the arbitrariness pervading the PERM rule) would be gone.

Since the advent of PERM, DOL continues to defy long-established case law clearly stating that the current unemployment rate has no connection with the standards DOL may use to approve or deny cases. While this might be counter-intuitive, this is a straight reading of decades of case law – statistical information, including unemployment rates, may not by used by DOL in determining individual cases – only individualized information is proper evidence in reaching a decision. Many can argue, perhaps validly, that this is unfair to US workers, especially in a recession; however, no can argue with what the statute, as interpreted by the courts, actually says.

Yet DOL is blind to the federal courts, and to the statute, the document (on the same page 18) says: “PERM program performance continues to significantly decrease. This decrease is due to the impact of increasing integrity activities in light of the declining economy and continued filings for positions where there are US workers.” The declining economy is a statistical datum. Statistical data may NOT be used to justify any conclusion in individual PERM applications, including the conclusion that increased integrity activities are warranted in any particular case. Conclusions that there are US workers for positions are statistical conclusions, and utterly immaterial in individual PERM applications, per a long line of cases in federal courts.

In some ways, PERM is dead. Gone is the fast adjudication by which the DOL wowed the regulated community. Left is the harsh new regime of PERM where arbitrariness rules the day (e.g. no more first-in, first-out). And DOL promises worse days ahead.

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


Focus

Challenging Adjudication Standards for L Intracompany Transfers

The curriculum for the July 8th phone session of "Business Immigration Law" is as follows:

  1. Recent restrictive interpretation of L-1B specialized knowledge: strategies for presenting the case
  2. Recent evidentiary standards for L-1A
  3. Subtle differences in adjudication standards for L-1A and EB1 Multinational Managers
  4. Adjudication standards for extensions
  5. Adjudication standards for blanket Ls
  6. Issues arising from corporate reorganizations
Don't wait to register, Wednesday, July 8th is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: http://www.ilw.com/seminars/200912.shtm. Fax form: http://www.ilw.com/seminars/200912.pdf.


Articles

Latest In Adjustment Of Status
Christina LaBrie et. al share the citations from this recently concluded series.

Bloggings On Immigration Law And Policy
Greg Siskind writes "Senator Schumer attempted to table the amendment which would permanently reauthorize the E-Verify program and codify the contractor rule."

Perspective ~ A Matter Of Priorities
Sheldon Richman for the Foundation For Economic Education writes "Candidates and others who are set on securing the Mexican border—the Canadian border seems of less concern—and expelling those who had the audacity to come to the land of the free without permission mainly rely on two arguments: jobs and welfare."

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


News

ETA Releases 1st Quarter 2009 Performance Results
The Employment and Training Administration of the DOL released an overview of performance results for the period ending March 31, 2009.

DHS Secretary Napolitano Reaffirms Administration's Commitment To E Verify
The declaration came as Secretary Napolitano announced the Department's intention to rescind the Social Security No-Match Rule, which has never been implemented and has been blocked by court order, in favor of the more modern and effective E-Verify system.


Classifieds

Help Wanted: Immigration Paralegal
Las Vegas, NV - The Law Offices of Garcia-Mendoza & Snavely seeks an experienced paralegal to perform all types of business and family visa packages under supervision of attorney. Minimum 3-5 years experience required. Salary to be negotiated. Firm provides benefits including paid vacation and sick leave plus profit sharing plan. Located in a free standing building on ground level in downtown. Parking is free. Submit resume + cover letter to evagm@gms4law.com. All replies remain in confidence.

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.

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.

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

Ethiopian Wins Lottery For New Life In US
Originally from Hossana, Ethiopia, his family sold its thatched-roof home for $70,000 in order for Oremo to come to America.

Gillibrand Finds New Ground On Reform
Even as she faces into a battle for her Senate seat next year against Congresswoman Carolyn Maloney, Senator Kirsten Gillibrand is moving away from her onetime opposition stance on immigration reform.

Wisconsin Gives Tuition Break For Illegal Immigrants
That's the message Wisconsin is sending after a new bill passed the state legislature which allows illegal immigrants to attend public colleges at a subsidized rate.

Illegal Immigrants Facing Deportation Say LDS Woman Scammed Them
The Utah Bar Association has filed a lawsuit against a woman accused of acting as an immigration attorney to scam thousands of dollars out of illegal immigrants.


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 - NY, NY
The City University of New York Citizenship and Immigration Project, invites you to attend "A Path To Citizenship For Undocumented Immigrants: Update and Advice. Space is limited. Reserve your webinar seat now at https://www2.gotomeeting.com/register/324408419. Date: Wednesday, July 22, 2009, Time: 1:00-3:00pm EST. This event is free and open to the public.


Letters

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

Dear Editor:
Robert Yang's letter (07/08/09 ID) contends that, "We have no rights (sic) whatsoever to deny the rights of foreigners to seek out jobs in the US nor foreign nations should deny the most fundamental right of human beings including us as Americans to access their job market, "I wonder, just why have "we" no such right? And on what authority does Mr. Yang's letter base its outrageous contention that human beings, specifically foreigners, have a "fundamental right" to seek jobs in America? What Mr. Yang's letter's 7-point permanent residence plan proposes is to allow free access to the American job market to everyone who can measure up to those arbitrary standards. Of course, such standards should be set by Congress, but in passing any immigration reform, I believe Congress will understand that there is no "fundamental right" of foreigners to work in the US. The typos of rights Mr. Yang's letter envisions can exist only within a regulatory scheme that is developed with the best interests of the nation in mind, not the interests of foreign citizens. Contrary to Mr. Yang's letter's assertion, there can be no denial of rights that do not exist in law or in conscience, and certainly there is no "right," God-given or otherwise, of a foreigner to work in the US. These types of rights exist only when a government chooses to grant them, and I seriously doubt Congress will ever recognize such a "right".

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I believe the 1986 amnesty program helped create these problems. I am now ready to compromise on this issue called Comprehensive Immigration Reform (CIR). If CIR is to become reality, what are the advocates willing to support. If advocates cannot or will not support some of this list there should be no amnesty called CIR. Understand and agree that to legalize an alien is amnesty. Criminal sanctions and prosecution for employers of illegal aliens. Close the border to all future illegal aliens. Applicants must pay for the processing costs. Applicants must hire their own legal representation. Amnesty should prevent family ties favorsor exemptions. Close the border to relatives of those getting amnesty. Reverse the court translation granting legal status to anchor babies. Require basic ability to read and write English. Create phased legalization according to years already here. Streamline and accelerate the deportation process. Illegal alien prisoners can be incarcerated in their home country. Investors could build better prison for local and deported inmates. The US would pay tuition according to the local cost of living. Reduce immigration limits to countries sending the most illegal aliens. Amnesty should reduce legal immigration according to illegal entrants.

Peter G.


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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