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Immigration Daily August 17, 2009
Previous Issues
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Behind The Scenes

The dog days of summer are here, and the quiet is deceptive. Beneath the surface, furious activity is afoot. The massive CIR bill is being written by Congressional staffers, and various interest groups are working to get their particular clauses and language into the bill. Lobbying is most effective at this pre-subcommittee stage, since once the bill is presented for markup, amendments are increasingly harder to garner support for as the bill proceeds through the law making process - subcommittee markup, committee markup, and floor consideration. Since President Obama has apparently promised floor action this winter, members of Congress on the immigration subcommittees will be working throughout the fall to markup and report the huge CIR bill. So, dont be deceived by appearances - the biggest re-write of the INA is proceeding apace - it augurs change bigger than IRCA and IMMACT combined.

We welcome readers to share their opinion and ideas with us by writing to



THE PERM BOOK, 2nd Edition is shipping now. The book outline is as follows:


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


A.  Frequently Asked Questions (FAQ) by Lawrence Rudnick
B.  Summary of DOL PERM Stakeholders Meetings by Lorna Rogers Burgess
C.  Frequently Asked Questions


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


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


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


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


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


All 50 states + 4 territories (Guam, District of Columbia, US Virgin Islands, and Puerto Rico)


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.


Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "In my view, State snookered OMB in approving the release of the DS-160 under the Paperwork Reduction Act (PRA) without providing the public with access to a complete copy of the form and all the questions posed. The purpose of the PRA is to reduce the burden of completing government forms; it is not to allow government agencies to force visa applicants and their stakeholders to play "whack a mole" or "peek a boo" as different answers pop up unexpectedly."

Bloggings On The H-1B Visa
Anthony F. Siliato and Scott R. Malyk write "Arguments can certainly be made that the use of minimally trained contractors to conduct such audits is not an efficient use of the $500 Fraud Fee paid by H-1B petitioners."

New Americans In The Sunshine State
Mary Giovagnoli et. al of the Immigration Policy Center write "There are few states where the growing political and economic clout of immigrants, children of immigrants, and Latinos is as apparent as Florida."

To submit an Article for consideration, write to


Memo On Ruiz Diaz
USCIS issued a memo clarifying guidance on the implementation of the court order in Ruiz Diaz v. US.

Factsheet On USCIS Website Redesign
USCIS issued a fact sheet on the redesign of its website


Help Wanted: Immigration Paralegal
Washington, DC - Fragomen, Del Rey, Bernsen & Loewy seeks an experienced Paralegal for its D.C. office. This is a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidates have 2+ years experience with all aspects of business immigration, including H-1B and L-1 visas, PERM, Immigrant Visa Petitions, and Applications to Adjust Status. The Paralegal will have the opportunity to manage caseloads with a large degree of independence; communicate with clients regarding procedural and case processing issues; update and maintain client status reports; prepare bills; and serve as a team resource. Very competitive salary and benefits for the right candidate. Please email your cover letter, resume, and writing sample (Word or Adobe formats only) to Robert F. McCafferty, Human Resources/Office Manager, at Or fax same to 202-371-2898. EOE.

Help Wanted: Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks experienced attorneys for its Refugee and Asylum Law Division in Washington, D.C. Responsibilities include, but are not limited to, advising the Division Chief, the Chief Counsel, and USCIS on issues relating to US immigration laws and international treaty obligations, and providing legal advice on domestic asylum law and practice, overseas refugee resettlement programs, temporary protected status, and the Convention Against Torture. J.D. degree, active bar membership, 1+ years of post-J.D. experience required. For full details enter COU-CIS-2009-0007 here. Applicants must submit (1) writing sample (5 pps. max) (2) resume (3) cover letter, to All submissions must be received by close of business on August 14, 2009. GS-13/15. Position open until filled. No relocation allowance offered.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney with experience in immigration law and training for the Training and Knowledge Management Division (TKMD). Responsibilities include, but are not limited to, the development of course materials and delivering of instruction, developing and managing content with the USCIS Knowledge Management Center, and serving as an advisor to the Chief of the TKMD, the Chief Counsel, and to USCIS on issues relating to immigration laws. J.D. degree, active bar membership, 3+ years of post-J.D. experience and experience in classroom instruction required. For full details enter COU-CIS-2009-0006 here. Applicants must submit (1) cover letter (2) resume , (3) two writing samples (10 pps. max) to OR Mail to: Janice Neetenbeek, Chief, Training and Knowledge Management Division, OCC, U.S. Citizenship and Immigration Services, 8801 N.W. 7th Ave., Suite 2012 Miami, Florida 33150. Applications faxed or submitted through USAJOBS will not be considered. All submissions must be received by close of business on August 14, 2009. GS-13/15. No relocation allowance offered.

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 or fax your document at 818-907-9763.


Speaking in Mexico, Obama Calls American Opponents of Immigration Amnesty 'Demagogues'
CNS reports "Obama gave a long answer indicating that he believed he could secure an immigration reform package that included a "pathway to citizenship" for illegal immigrants. In his answer, he characterized opponents of this "pathway" as "demagogues.""

New Voices Join Push for Real Immigration Reform
An opinion piece on Huffington Post says "Comprehensive immigration reform is the right thing to do for many reasons: moral, economic, law enforcement, and political. The President clearly has it on his agenda. And the coalition supporting comprehensive immigration reform continues to broaden and diversify. Good news for America, bad news for the haters on the right."

Anti-Immigration Activists See Opportunity in Health Care Debate
The Washington Independent quotes an immigration advocate saying "Legal immigrants might not achieve equitable access to health coverage in this health care reform bill, but they will be subject to the same requirements to purchase insurance ... They pay the same taxes and will have to share in the responsibility of fixing our health care system, but they may be subject to waiting periods or restrictions before they qualify for many of the benefits."

Obama's immigration retreat
An opinion piece in the Dallas Morning News says "Immigration reform is again on the back burner and won't moving anytime soon."


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

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


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

Dear Editor:
I am disappointed in your use of the excessively charged label of "racists" in describing "House Republicans" that voted for Mr. Sensenbrenner’s bill (ID 08/14/09). If you desire your voice to be considered among the reasoned and rational, you will have a hard time accomplishing that goal using such entrenching and inflammatory labels. It is simply irresponsible to label the 92% of House Republicans and 18% of House Democrats that voted for HR 4437 as racist (you failed to mention the Democrats that voted for it, was it only the Republicans that were racist?). Using the term in such a cavalier way reduces the value of your message. The nation complains of partisanship in Washington, but civil discourse begins in editorials like yours. Clearly you disagree with the reasoning and thoughts of those Republicans and Democrats that voted for HR 4437. But ad hominem attacks generally serve to polarize otherwise reasonable people, and makes passage of important reform very difficult.

Charles W. Bennion, Esq.
Las Vegas, NV

Dear Editor:
Please change my address from [withheld] to [withheld]. Thank you and sorry to bother the Editor, but I couldn't find a way to change address on your website.

Jeri Flynn, Esq.

Editor's Note: Your email address has been changed as requested. All such and similar requests should be sent to

Dear Editor:
In the clasified section of your News-Letter (ID 08/14/09), there is an item : 5. Classifieds: (a) Help Wanted: Immigration Paralegal How do I get there ? Thank you for helping !!! I am also interested in : (e) Forensic Psychology Services

Alex, Paralegal

Editor's Note: Instructions to apply to all ads are contained in the ad copy (scrolling down into the text of the email version of Immigration Daily, past the items itemized at the top of the email). In this particular case, an email address is supplied (the same ad appears in this issue of Immigration Daily). We will pass on your contact info to the advertiser for Forensic Psychology Services, however you can also find the full contact info in the ad text as above.

Dear Editor:
I not only believe that comprehensive immigration reform will not pass but also that immigration reduction legislation will be considered and passed first (ID 08/14/09). Just look at the anger of regular voters at the health care bill. Imagine 11% unemployment, inflation, and the town hall meetings of "moderate" Democrats wanting to convince their constituents that we need more people looking for precious few jobs.

Robert Bettes

Dear Editor:
This is well come move by the president Obama (ID 08/14/09). The indecisiveness by the congress in the last decade has built up misery of the immigrants to many fold. The President should decide keeping country interest on prime. at the earliestt

Ramesh Rai

Dear Editor:
my view and opinion today is about children, that came to this country when they were 10 and 12 years old, and their aunt petition for their parents along with them and immigration tiake anothre 10 or 12 years to process their papers while they turn 21 are being told by immigration that they age out so they cannot obtain legal status instead have to waiot anothert 15 to 16 years for their parent to filr for them, this is wrong and un fair to these children, instead they should be able to keep their old priority date.

Lisa Mulzac

Dear Editor:
Regarding Letters (ID 8/14/09) which discuss the public's resistance to the "advocacy community", H. Prchal gives tribute to the idea that America is (or has been) a special land and references the comment that: "I didn't come to this country to see it turned into the mess that I left behind." But the letter also does not "like" Sheriff Joe and his enforcement policies. The "advocacy community" seems unable to make the connection between the need for the latter to maintain the former. Few, if any, entry enthusiasts ever mention the need for limited, selected, enforced policies. The problem with mass, unassimilated entry is the lack of allegiance to America and their advocacy of even more entry regardless of the realities of limitations and desires of citizens who overwhelmingly want less entry. An Esq. after ones name and demonizing responsible Restrictionists as the R. Algase letters and others have done by calling them racist and other bad names and false labels is not only untrue, but poor strategy and only destroys credibility and creates opposition to any entry. The above would also apply to "Birthers and Immigration" (ID 08/13/09) which uses such words as "lunatics", "ridiculous", "shenanigans", "racist", "fringe groups", "losers", "crazies" "nutty" and "mania" in falsly describing those who wonder why BO is able to hide all of his past records (not just the official birth certificate) while citizens routinely have to provide such. The P. Good and R. Gittelson letters paint a rosy, unrealistic picture of the "brown invasion" than what most citizens experience and to the extent that their letter's comments are valid, are also true following Restrictionist's policies without all of the additional, negative experience of excessive numbers.

Jim Roberts

Dear Editor:
on immigration i believe that married people that file for visa should be given their visa's once they get there back ground checks if they have no record they should be able to join there spouse's in usa , why put the family threw all of this waiting and judgeing them who marry for real or just for visa , if there going to judge some one of that and waste our tax money why not ask when you want to marry in states why you marry here and make them waite , let the ones that married figure it out not goverments its our lifes not theirs, SO i hope our goverment will vote in makeing it easyer for all of the married people to be together, thanks.

zaheris angel

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 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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