ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search

Immigration Daily


RSS feed

Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network


Chinese Immig. Daily


Connect to us

Make us Homepage



Immigration Daily


Chinese Immig. Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily January 7, 2010
Previous Issues
The unmatched news resource for legal professionals. Free! Join 35,000+ readers


Trillion Dollar Stimulus

Los Angeles Times reports on a study out of UCLA that estimates the economic impact of CIR. "The report said that legalization, along with a program that allows for future immigration based on the labor market, would create jobs, increase wages and generate more tax revenue. Comprehensive immigration reform would add an estimated $1.5 trillion to the U.S. gross domestic product over 10 years, according to the report."

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.


USCIS Grappling With The Right Of A Corporation To Petition For Its Owner For An H-1B Visa
Cora-Ann V. Pestaina writes "In order to make an accurate assessment of these types of petitions, adjudicators ought to examine the entire petitioner-beneficiary relationship on a case by case basis, and to determine whether the beneficiary will indeed be working in the H-1B specialty occupation."

The Goal Is Freedom: Workers Of The World Unite For A Free Market
Sheldon Richman for the Foundation For Economic Education writes "Therefore the solution is not further government intervention, as the progressives want, but repeal of privileges, subsidies, licenses and the rest of the sources of political advantage that protect the well-connected at the expense of the rest of us."

Bloggings On Immigration Law And Policy
Greg Siskind writes "The movement embraces a lot of issues and I'm pleased to see liberalizing immigration policies in the technology sector among the issues on the movement agenda."

To submit an Article for consideration, write to


USCIS Issues QAs On Vaccination Requirements
USCIS issued questions and answers providing basic information about the general vaccination requirements for immigrants (including individuals seeking adjustment of status).

USCIS Issues QAs On Removal Of HIV From CDC List
USCIS issed questions and answers providing information about the change in law made by the Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC) that removed HIV infection from the list of communicable diseases of public health significance.


Help Wanted - Immigration Paralegals
Reston, VA - Goel & Anderson, LLC, a prominent business immigration law firm, has challenging, rewarding, and stable career opportunities for immigration professionals. Due to the sustained growth of our practice, we currently have multiple openings for experienced corporate immigration paralegals. 3+ years of business immigration experience (NIV and IV) with top-tier immigration practice or in-house corporate immigration department desired. Experience with corporate immigration compliance and/or global immigration matters is a plus. Extensive client contact involved. Undergraduate degree, excellent organizational and communication skills (both written and oral), and the ability to work independently in fast paced environment required. Goel & Anderson offers highly competitive salaries + outstanding benefits. Qualified candidates invited to apply with resume + cover letter to All submissions kept strictly confidential. No phone calls please.

Help Wanted - Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks experienced attorneys with 3+ years demonstrated experience in immigration law for the Transformation Division. Serve as advisor to the Special Counsel for Transformation, Chief of the Adjudications Law Division, the Chief Counsel, and to Transformation Integrated Product Teams on issues relating to U.S. immigration laws. J.D. degree, active bar membership, 3+ years of post-J.D. experience required. This job is being filled by an alternative hiring process and is not in the competitive civil service. For full details enter COU-CIS-2009-0011 here. Applicants must submit (1) writing sample (10 pps. max) (2) resume (3) cover letter, to All submissions must be received by 5pm EST January 8, 2010. GS-13/14/15. Position open until filled. No relocation allowance offered.

Help Wanted - Immigration Attorney
Los Angeles, CA - USCIS Office of the Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. J.D. degree, active bar membership, 2+ years of post-J.D. experience required. For full details enter COU-CIS-2009-0010 here. Applicants must submit (1) writing sample (10 pps. max) (2) resume (3) cover letter, to All submissions must be received by close of business on January 8, 2010. GS-13/14/15. Position open until filled. 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.

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.


Reshaping Politics
We can confidently predict one finding. America's Hispanic population, which is expected to come in at almost 16% of the total, will have overtaken its black population, likely to be put at around 2.5 percentage points less.

Top Bishop Calls For Immigration Reform
Utah's top Roman Catholic leader joined a New York colleague Wednesday in launching a nationwide campaign urging Catholics to press for comprehensive immigration reform this year.

2010 Could Be Democrats' Last Chance For Change
Though moderate Democrats are expected to be extra cautious in supporting their party's agenda this year because of the political peril they face at home, the likelihood that 2010 will be the party's last best shot at passing the reforms President Obama campaigned on could make this year a veritable derby of "change" legislation.

Court Hears Immigration Law Case
The City of Fremont on Thursday asked the Nebraska Supreme Court to allow it to block an anti-illegal immigration ordinance before it can go to voters for approval.


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

New Partner
Fragomen, Del Rey, Bernsen & Loewy, LLP is pleased to announce the election of Patrick Shen to partner. Patrick Shen is Fragomen's Director of Global Compliance and a senior member of the firm's Corporate Compliance Committee. In this capacity, he works with U.S. and multinational clients in maintaining compliant immigration programs.


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

Dear Editor:
Back in the old days, anti-immigrant hate was crude, but at least it was open. If you were an Irish immigrant, you were "planning to turn America over to the Pope". Jewish? Then you must have been part of the "international Jewish conspiracy to take over the world", according to the infamous forgery, "Protocols of the Learned Elders of Zion". Italian? Then of course you were an "anarchist", Mafia member, or both. Mexican? Then "Manyana is good enough for me", as the old song went. I won't even mention the hate directed against Asian immigrants. All one has to do is read certain US Supreme Court decisions from around the turn of the last century. Now, in the 21st Century, anti-immigrant hate has become more "polite", but for that reason more insidious. It is now masked in the form of supposedly neutral "scholarly papers", such as the article by David North of the Center for Immigration Studies entitled in part: "The Stalled Progress of Recent Immigrants' Children".(01/05 ID). According to this allegedly "objective" study, immigrants' children have high rates of failure at school, start sexual activity at a younger age (horrors! teenage sex? Oh no!), are stuck in poverty, etc., etc., the list goes on. But wait! These grim statistics do not apply to the children of all immigrants, according to the article. The children of white and Asian immigrants do just fine. It is only the children of - yes, you guessed it - Spanish-speaking immigrants who under-perform. Similar thinly disguised racism masquerading as "scholarship" can be found in the library of anti-immigrant hate books recommended in Jim Roberts' latest letter (01/06/ID). It is almost enough to make one nostalgic for the time when bigots had more guts and the xenophobes were less hypocritical about their prejudices.

Roger Algase, Esq.
New York, NY

Dear Editor:
I thought ID readers may be interested to learn about my new documentary film, "The Other Side of Immigration." A clip and more information about this project can be found using Google. Please help me spread the word about this film so that more Americans understand why so many people (particularly people from the Mexican countryside) migrate to the US without documentation.

Roy Germano

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

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: