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.
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Challenging Adjudication Standards for L Intracompany Transfers
The curriculum for the July 8th phone session of "Business Immigration Law" is as follows:
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registration information, please see: Online: http://www.ilw.com/seminars/200912.shtm. Fax form: http://www.ilw.com/seminars/200912.pdf.
- Recent restrictive interpretation of L-1B specialized knowledge: strategies for presenting the case
- Recent evidentiary standards for L-1A
- Subtle differences in adjudication standards for L-1A and EB1 Multinational Managers
- Adjudication standards for extensions
- Adjudication standards for blanket Ls
- Issues arising from corporate reorganizations
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."
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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
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.
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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 firstname.lastname@example.org. 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.
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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.
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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.
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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
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.
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