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Immigration Daily April 27, 2010
Previous Issues
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Comment: Investor Options For Experts

ILW.COM is pleased to announce a new 3-part seminar series "Investor Options For Experts" with David Morris, John Barrett, Michael Gibson, Melissa Krinzman, Jason Oleet and others. Tuesday, April 27 is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: http://www.ilw.com/seminars/201006.shtm. Fax form: http://www.ilw.com/seminars/201006.pdf. Don't delay, sign up today.

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.

Article: The Double-Edged Sword Of Suing A Client
Ed Poll

Article: ILW.COM Bloggings On April 27, 2010
Greg Siskind

To submit an Article to Immigration Daily, write to editor@ilw.com.

News: CRS Report On Unauthorized Employment In US

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Immigration Paralegal
Dallas, TX - Business immigration practice seeks immigration paralegal to support lawyers and handle administrative tasks; requires 1-2 years experience with H, L, E visas; prefer knowledge of INSZoom; must have strong MS Office skills and be fully bilingual in English and Mandarin (speak, read, write). Email letter and resume with references (Adobe or Word only) with Immigration Paralegal/Admin in the subject line, to hr@spencercrain.com.

Help Wanted: Immigration Attorney
Washington, DC - Fragomen is looking for an attorney with 1+ years of experience in business immigration with an emphasis on the preparation, review and analysis of nonimmigrant L-1 and H-1B petitions and applications; knowledge of immigration law and procedure; excellent communication and interpersonal skills. Qualified candidates will be highly organized, have a strong work ethic and have meticulous attention to detail. Associate will work with large, global, corporate accounts and have a great deal of direct client contact. Highly competitive salary and benefits. Please email cover letter, resume, and writing sample (Word or Adobe formats only), in confidence, to Robert F. McCafferty, Human Resources/Office Manager, Fragomen, Del Rey, Bernsen & Loewy, LLP, at rmccafferty@fragomen.com. Or fax same to 202-371-2898. EOE.

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.

Immigration Law Certificate
Classes offered both online and in-person. Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. For more information on class schedules, tuition and fees, course applications and to register, see here.

CLE Immigration Event
Memphis, TN - (May 14-15, 2010) The Federal Bar Association and The Mid South Chapter of the American Immigration Lawyers Association (AILA) invite you to join us for one of the most exciting national immigration conferences available this year. The confirmed speaker line-up is a who's who of well-renown AILA attorneys and government officials including Judges from The US Circuit Court of Appeals, the EOIR's Office of the Chief Immigration Judge (OCIJ), former and current Immigration Judges from across the country, and counsel from The Office of Immigration Litigation (OIL). This conference also offers the opportunity to hear from a panel of ICE and USCIS supervisors as they discuss various immigration issues that affect both the mid-South and the nation as a whole. Come mingle with faculty without large crowds. This intimate setting is perfect for both new and experienced practitioners alike. Program includes special tracks for pro bono attorneys as well as criminal lawyers. Earn up to 16 CLE hours (with a possibility of 6 ethics hours offered) and have fun, too. Early bird deadline is April 15, 2010 . For more information, including speakers, curriculum, see here. To register online, see here.

To place a classifieds ad in Immigration Daily, see here

Tweet: Politico: Reid to bring #CIR straight to floor http://ow.ly/1DBni Where is your bill, Senator?

Tweet: Politico: Graham wants to kill #immigration n move on climate http://ow.ly/1DBgB Where is the bill Senator Reid n the Dems promised?

Tweet: The H-1B Book: A Book for attorneys-H1B Step by Step and Advanced H-1B Issues. Get your copy today at http://ow.ly/1uQGs

Tweet: CQPolitics: #Tancredo says AZ law "goes too far"! http://ow.ly/1Di9A Wonders will never cease!

Tweet: TheHill: Climate mafia strikes back, #immigration 2go2backburner once again? http://ow.ly/1Di2F

Tweet: Politico: Arizona tears open #immigration debate http://ow.ly/1DgXw

Tweet: RT @leareiter: @mkolken Thank you American Immigration Lawyers Assocn for taking the lead in boycotting Arizona. #BoycottAZ #AZMLBB

Tweet: RT @desidyke: Tell @MLB to step up to the plate: Reject #SB1070 and move 2011 All-Star Game from #Arizona http://j.mp/BoycottAZ

Tweet: Sen. Reid backpedaling already? http://ow.ly/1Dgbl says climate "could b next"! says #CIR work "not begun" HT @LawWatch

Tweet: RT @CCIR: A law-abiding US citizen is the first to experience life under the new AZ #immigration law. http://ow.ly/1DeZp #gestapo

Tweet: RT @mkolken: H-1B Cap Update As of 4-15-10 approx 13,600 H-1B cap-subject petitions filed. USCIS rec'd 5,800 H-1B advanced degrees petitions

Tweet: #immigration lawyer told to "go home" by racist Texan lawmaker http://ow.ly/1Dfnz HT @thinkprogress Deport racists to Antarctica!

Tweet: RT @racialjustice RT @mattyglesias AZ truck driver detained when he couldn't produce birth certificate at weigh station http://bit.ly/aWFaFp

Tweet: Tax Compliance for Immigrants and Employers: The Lawyer's Complete Guide. Don't wait! Get your copy today http://ow.ly/1uQs2

Tweet: Greg Siskind: #H1B usage slow http://ow.ly/1D7ME

Tweet: TheHill: Jumping into #immigration reform could cut both ways for Democrats http://ow.ly/1D6HI

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New Offices - New York, NY
Founding partner Elaine Witty is pleased to announce the formation of Witty Law Group, PLLC. She is former Senior Counsel to AV rated national immigration law firm Siskind Susser in Memphis, TN. Ms. Witty is past Executive Director of the Office of Refugee and Immigrant Affairs at the Human Resources Administration under Mayor Michael R. Bloomberg. Her practice areas include employment based immigration, litigation and deportation defense, family based immigration with a specialty in waivers of inadmissibility, naturalization and derivative citizenship, and religious worker cases. elaine@wittylaw.com

Readers can share professional announcements (up to 100-words at no charge), email: editor@ilw.com.

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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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