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Immigration Daily March 18, 2010
Previous Issues
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Comment

Social Networking Perils

Law.com reports "The unforeseen perils of online communication and participation by judges and lawyers have been revealed in several scenarios that will highlight what happens when social networking sites and ethical boundaries intersect." 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 outline of THE PERM BOOK, 2nd Edition 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

Immigrant Of The Day: Chang-rae Lee of Korea
Kevin R. Johnson celebrates the achievements of author Chang-rae Lee.

Bloggings On Updates In Immigration Law
Carl Shusterman writes "For the same reason that Highway Patrol Officers don't shoot speeders, or even arrest them, separating a woman from her family for ten years to life for illegally crossing the border after an expedited removal is simply insane!"

Bloggings On Nurse And Allied Health Immigration
Christopher T. Musillo writes "CGFNS recently announced that renewal applicants do not have to take another approved English exam for renewal of their Visa Screen certificate if they have been employed in the US for at least 2736 months including nine months of the year before the date an applicant submits the renewal application."

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


News

Department of Defense Releases MAVNI Fact Sheet
The Department of Defense released a fact sheet on the Military Accessions Vital to the National Interest (MAVNI) initiative which authorized the military services to recruit certain legal aliens whose skills are considered to be vital to the national interest.

ICE Indicts DHS Employee Impersonator
ICE special agents arrested a South Florida man on March 15 for his alleged involvement in an immigration benefit fraud scheme where he is alleged to have impersonated a DHS employee in an attempt to obtain money from illegal immigrants by falsely promising them immigration benefits to remain in the US.


Classifieds

Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. seeks immigration legal assistant who will report to immigration section manager and supports immigration attorneys. Prepare H-1B, L-1, O-1, TN, and E-1/E-2 visas and PERM application; file business and employment-related immigration documentation under supervision of attorneys; extensive communication with clients and gov't agencies; assist on special projects as assigned. Bachelor's degree and minimum of 4 to 8 years business immigration experience required; excellent customer service skills; strong communication skills; must be organized, detail oriented, responsive and have excellent follow through skills; multi-task and work independently; strong sense of accountability and ownership of projects; ability to prioritize workload effectively; flexibility to work overtime when necessary. Please send resume to mlhr@mintz.com.

Help Wanted: Immigration Paralegals
Atlanta, GA, So. Calif. & San Francisco - Seeking immigration paralegals to manage large business immigration accounts. Must know full business immigration product range (H, L, O, TN, E, PERM, I-140, AOS, etc.) and must be tech-savvy and detail oriented with strong project management skills and ability and eagerness to operate in team environment. Successful law firm with large firm resources and great local office culture. Competitive compensation and benefits. In California, contact Angelo Paparelli apaparelli@seyfarth.com; in Atlanta, contact James King jking@seyfarth.com.

Help Wanted: Immigration Attorney
Chicago, IL - The Office of the Chief Counsel seeks experienced attorney with demonstrated experience in personnel law, labor law, torts law, privacy and disclosure law and other administrative laws for the Commercial and Administrative Law Division. Serve as senior attorney providing advice to Chief of the Commercial and Administrative Law Division, the Chief Counsel, and USCIS officials located at the Headquarters Office in support of USCIS's mission. Five+ years relevant legal experience required. For more info, key in Job Announcement Number: COU-CIS-2010-0002 at USAJobs.com. Submit resume, cover letter + legal brief samples (max. 10 pps.) to Lakisha Richardson: at Lakisha.Richardson1@dhs.gov. This job is being filled by an alternative hiring process and is not in competitive civil service. Must be received by close of business, Monday, March 22, 2010. Position is at the GS-13/14/15 levels.

Help Wanted: Immigration Attorney
New York, NY - The Office of the Chief Counsel seeks experienced attorney with demonstrated experience in personnel law, labor law, torts law, privacy and disclosure law and other administrative laws for the Commercial and Administrative Law Division. Serve as senior attorney providing advice to Chief of the Commercial and Administrative Law Division, the Chief Counsel, and USCIS officials located at the Headquarters Office in support of USCIS's mission. Five+ years relevant legal experience required. For more info, key in Job Announcement Number: COU-CIS-2010-0003 at USAJobs.com. Submit resume, cover letter + legal brief samples (max. 10 pps.) to: Lakisha Richardson: at Lakisha.Richardson1@dhs.gov. This job is being filled by an alternative hiring process and is not in the competitive civil service. Must be received by close of business, Monday, March 22, 2010. Position is at the GS-13/14/15 levels.

Help Wanted: Immigration Attorney
Laguna Niguel, CA - The Office of the Chief Counsel seeks experienced attorney for its Training and Knowledge Management Division (TKMD). Attorney will serve as advisor to the Division Chief of TKMD, the Chief Counsel, and to USCIS and other Departmental components on issues relating to U.S. immigration laws. Attorney will provide legal advice, develop, and conduct training on a variety of immigration related issues. Position has a particular focus on employment-based nonimmigrant and immigrant classifications, and will be located at California Service Center. Travel is connected with position. For more info, key in Job Announcement Number: COU-CIS-2010-0001 at USAJobs.com. Applications submitted through USAJOBS will not be considered. Submit resume, cover letter + two writing samples (max. 10 pps.) to: Janice Neetenbeek, Chief, TKMD: at Janice.Neetenbeek@dhs.gov. Must be received by close of business, Monday, March 22, 2010. Position is at the GS-13/14/15 levels. No relocation reimbursement available.

I-9 And E-Verify Compliance Technology
What do top employment firms, leading I-9 experts, and 3,000+ US worksites all have in common about their I-9 and E-Verify compliance strategy? LawLogix's state-of-the-art integrated I-9 and E-Verify system that provides organizations with a platform to create, store, and easily manage secure electronic and error checked I-9's and E-Verify results. LawLogix boasts a 9-year track record, successful migration of over half a million paper I-9s, unmatched data security, and cutting edge features to assist organizations with state and federal compliance (e.g., FAR Executive Order 13465). We offer a systematic approach to the reduction of compliance risks including the automated digitizing and transcription of old I-9s, real-time error checking of new electronic I-9s, and data integration with current HRIS systems. Tangible results: time-saved, fewer paid fines, significant reductions in compliance and reputation risks. Visit: www.lawlogix.com, email i9sales@lawlogix.com or call today 602-357-4240 ext. 7150 to sign-up under our money back guarantee or to request your private demo.

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.


Tweets

The #Immigration Compliance Book: Understand I-9 concepts, I-9 advanced topics and E-Verify. Get your copy today at http://ow.ly/1ljvP

Recession, #Immigration Spur More Families to Live Together: 16% households w/ at least two adult generations http://ow.ly/1nRry

Groups mobilize to pressure lawmakers to act on #immigration reform- "Tacos for Justice" coupons and scorecards on 3/21 http://ow.ly/1nReo

In the tradition of nonviolent social mov'ts: Risking Deportation, Undocumented Students Publicly Disclose Their Status http://ow.ly/1nNY6

RollCall: "The Hammer" Tom DeLay, GOP bigwig says "the left is right", accuses Obama of "doubletalk" on #immigration http://ow.ly/1nyz0

Rightwing notices Hispanic alienation with Obama http://ow.ly/1nyu6 Will a GOP leader woo Hispanics by legalization?

Frank Sharry: A Moment Of Truth http://ow.ly/1nyip March on the 21st!

March for freedom n #immigration on the 21st http://ow.ly/1nyfw Carry the Red White n Blue!

Racist rascals slander Republican statesman on #immigration http://ow.ly/1nxT7 Dont argue with the racists, Deport them from GOP n USA!

Business/Labor Blowout Imperils #Immigration Reform http://ow.ly/1nuG0

RT @breakthrough: Anti-#immigration group NumbersUSA feeling the heat. http://bit.ly/bbOPLQ @Imagine2050 restorefairness #m4a #ri4a #p2

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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 - New York, NY
The CUNY Working Task Force on Strengthening Educational Opportunities for the Mexican and Mexican American Community and the Mexican Consulate of New York invites you to attend this conference which will update the social, demographic, and historical developments of CUNY's ongoing work with Mexican immigrants. "The Mexican Diaspora in New York City: New Identities, Old Challenges", Baruch College: Friday, March 19, 2010, Newman Conference Center, Baruch College (CUNY), 151 East 25th Street, 7th Floor, New York, NY. Free and open to the public.


Letters

Read the 4 comments on the last issue of Immigration Daily and share your own comments.

Comment on this issue of Immigration Daily.


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. Copyright 1995-2010 American Immigration LLC, ILW.COM. 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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