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Immigration Daily November 30, 2009
Previous Issues
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Comment

Motor Vehicle Mix Up

The Associated Press reports "A Hispanic group filed a lawsuit asking a judge to stop Ohio from canceling vehicle registrations for thousands of people if they do not provide certain documentation." For the full story, see here.

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

Late Initial Registration For TPS: An Unduly Restrictive Procedure?
Joseph M. Perez writes "An Immigration Judge, based upon the Department of Homeland Security's (DHS) "late initial" registration regulations1, denied Respondent's request for Temporary Protective Status which he asserted in removal proceedings."

Bloggings on Deportation And Removal
Matthew Kolken writes "The following video will give you a little taste of what the individuals who are being housed in Stewart have to endure prior to their deportation."

Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "Stealth protectionism on the immigration front is surfacing again in Congress."

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


News

CBP Announces 42000 Immigration Violators Apprehended FY 2009
CBP announced that while conducting security operations at California's ports of entry with Mexico performed almost 66 million inspections of travelers, more than 42,000 immigration violators during federal fiscal year 2009.

DOS Publishes Notice Of New Visa Classification Symbols
The Department of State published notice in the Federal Register published notice of a final rule, effective November 25, 2009, amending its regulations to add new classification symbols to the immigrant and nonimmigrant classification tables.

CBP Announces Two New Ports Of Entry
The Customs and Border Protection published notice in the Federal Register of an updated list of the ports-of-entry, including two new ports-of-entry Oakland International Airport, California and Saipan, the Commonwealth of the Northern Mariana Islands.

USCIS Answers National Stakeholder Questions, Jan 27th
USCIS published its responses to national stakeholder questions from its January 27, 2009 USCIS National Stakeholder meeting.


Classifieds

Help Wanted: Immigration Professional
Washington, DC - The American Council on International Personnel seeks a director of agency liaison. Work with ACIP members and federal immigration agencies to improve immigration policies/procedures for large multinational employers. Maintain relationships with policymakers and report on agency activities, organize and report on liaison meetings, identify emerging global mobility trends and explore best practices, draf Fed Register comments and amicus briefs as needed, analyze new policies and procedures, and communicate changes to members through weekly email bulletins, website updates, webcasts, and other venues. Involved in planning ACIP's Annual Symposium in June. Public speaking and travel required. Ideal candidate has law degree, detailed knowledge of business immigration laws + procedures, understanding of global mobility best practices, experience filing immigration applications on behalf of large employers, liaison experience, ability to juggle shifting priorities, excellent writing skills + ideas for improving immigration system. Send resume, cover letter, references + writing sample to lynn_shotwell@acip.com.

Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of Chief Counsel seeks experienced attorneys to apply for the associate counsel position at the Litigation Coordination Division (LCD). Primarily responsible for assisting in provision of litigation support in immigration cases involving USCIS operational components. Applicants must possess JD degree, be an active member of the bar and have 1+ years of post JD experience. For more info, key in Job Announcement Number COU-CIS-2009-0009: at http://www.USAJobs.com. Applicants must provide cover letter, references, resume, and writing sample (max. 5pps) to: Evan Franke, Chief, LCD at: Evan.Franke@dhs.gov. Must be received by close of business Friday, Dec 4, 2009. GS-13-GS-15 levels. No relocation reimbursement expenses available. Appointments made under the provisions of this announcement are Excepted from the Competitive Civil Service.

Help Wanted: Immigration Paralegal
Downtown Washington, DC firm seeks mature and responsible paralegal with 4+ years experience in business immigration cases, including NIV (H-1B, E, L, J, and O), IV (including EB-1,EB-2, EB-3, EB-5) and PERM. Preference given to those with demonstrated EB-5 experience. Bilingual Spanish/English speaker preferred. Must have bachelor's degree and excellent native-level English writing skills. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. Please email resume, references, writing sample + cover letter with salary expectations to paulhaar@aol.com. No calls please.

Co-Counseling Offered
Practitioners with challenging extraordinary ability cases or any other complex immigration cases including appeals, may wish to co-counsel with PJ Patel, an attorney experienced in O, EB-1, NIW, and any complex matters for many years. Mr. Patel is known for his compilation of the INA, 8 CFR & 20/22/28 CFR for the past 25+ years. For more information, see his website at www.immigrationbypatel.com. Mr. Patel can be reached at pjpatel@immigrationbypatel.com 212-279-3230. All cases will be kept in strict confidence.

Immigration Event
Registration is available for Windstar's next comprehensive Nonresident Alien Tax Training, being held December 8th – 11th at the Doubletree Guest Suites in Boston, MA. This session has dedicated tracks featuring consecutive days of substantive tax and immigration-based class sessions along with consecutive days of Tax Navigator training. This format gives you the flexibility to attend all four days of training or just the two days that are specific to your needs. E-mail training@windstar.com for more information.

Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160. The Forensic Psychology Group provides nationwide expert witness services in all areas of immigration law. It is led by Stephen Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical psychologists and attorneys, and also AILA members. The Group's experts - all licensed psychologists or psychiatrists - have extensive experience in working collaboratively with immigration lawyers on a wide range of forensic psychological issues. We offer nationwide service in the following areas: psychological consultation, psychodiagnostic evaluation, psychological reports, expert witness services, courtroom testimony, political asylum evaluation, extreme and exceptional hardship evaluations, spousal abuse, citizenship waivers. Dr. Stephen Reich, the Group's founder and director, is a nationally known forensic psychologist who holds a BA, JD, and MBA from Columbia University, and an MA and PhD in Clinical Psychology from Fordham University. He has been on the faculty of Weill Cornell Medical College and on the Attending Staff of New York Presbyterian Hospital for 30+ years. Visit The Forensic Psychology Group. The right experts make a real difference.


Headlines

Deadline Day for Farmers
Senator Leahy is holding a hearing December 9th with the Department of Homeland Security Secretary.

Ban Lifted For Green-Card Applicants With HIV
A two decade old rule kept those with the virus out of the U.S. Now such immigrants will be able to visit the country and apply for legal status.

US To Deport My Child
After graduation, he learned for the first time from his parents that he is an "undocumented alien."

Feds Plan Increased H-1B Site Inspections
Following nationwide arrests earlier in 2009 involving fraud and abuse in the H-1B visa program, the new director of U.S. Citizenship and Immigration Service promises a substantial increase in site visits to third parties employing H-1B workers.


comingsNgoings

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

New Appointment - CIS Ombudsman
Secretary Napolitano announced the appointment of January Contreras as CIS Ombudsman for the Department of Homeland Security. The CIS Ombudsman provides independent analysis of problems encountered by individuals and employers interacting with U.S. Citizenship and Immigration Services, and proposes changes to mitigate those problems.


Letters

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

Dear Editor:
As usual, the letter of R. Algase (11/23/09 ID) ignores the more relevant aspects of our demographic make up and trends to reduce a complex issue to the phony, racial question, "Is America ready to accept diversity and the inevitable loss of white majority status". That this can even be asked testifies to our out of control entry and need for a moratorium, not amnesty, to sort things out. The cuckoo bird is known for it's parasitic nature of laying it's eggs in other bird's nests and upon hatching, the intruder ungraciously crowds the rightful host's progeny out of the nest. Certainly, every propaganda and strategy is used to destroy traditional America including mass entry numbers, rather than selective limits. To these usurpers and race baiters, any resistance to this outrage is racist, "intolerance and police-state tactics". Yes, it does, "depends on which kind of country we want to live in?". Is it the one that white Europeans created that millions have aspired to join or one that excess entry has/is diluted(ing) beyond recognition with 3rd world quality of life and numbers? Those living in NY or CA are unable to tell the difference or chose not to. In Lionel Waxman's profound article (who lives in AZ), "Here in Aztlan, it's the People that make the Difference" (search it), concludes that Latinos "have made a concerted effort to recover" Atzlan and that by not assimilating to traditional American ideals (which he realizes we have strayed from), they won't reproduce American prosperity, "they will only extend poverty to it". The R. Yang letters of 11/24 and 25 mistakes a Republic for a "tyranny of the majority" and should leave US with the belief that the Indians are the owners to avoid the hypocrisy of his positions.

Jim Roberts


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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