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Immigration Daily


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Immigration Daily May 11, 2010
Previous Issues
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The outline of THE PERM BOOK, 2nd Edition 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


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)


Hundreds of files

For more info or to place your order, please see here. For the fax document, see here.

Article: To Engage Or Not To Engage That Is The Question by Ed Poll

Article: ILW.COM Bloggings On May 11, 2010 by Greg Siskind

News: CRS Report On Immigration Of Foreign Workers: Labor Market Tests And Protections

Tweet: RT @LawWatch: Adam Smith, Esq., Says Law Schools Should Pledge Full Disclosure on Employment Stats #law

Tweet: JayCost: Thunder on the Mountain Another reason to do #CIR using reconciliation NOW, since Dems will be out in Nov.

Tweet: RT @LawWatch: "Schwarzenegger Jokes: I'd be Deported under Arizona #Immigration Law"

Tweet: KansasCityStar Congress should follow baseball's lead on #immigration HT @ImmAdvocates

Tweet: CLE Seminar: Adv. Business Immigration Strategies in Troubled Times-Strategies for Investigation Preparedness. Sign up!

Tweet: RT @LongIslandWins Ten States Considering Laws Based on Arizona Anti-Immigrant Law: More bad laws coming down the pike.

Tweet: TheHill: Union sees #immigration reform as winning issue for Democrats SEIU: advocate 4 #CIR in a reconciliation bill

Tweet: Politico: #Immigration advocates woo McCain - Using reconciliation would not need any GOP votes at all!

Tweet: Whole ACT-INA, 20/22/28 CFR and Citations: the most respected reference #immigration materials by PJ Patel available at

Tweet: US Olympian Simon Cho advocates for #DREAMAct. Wish other immigrants would come out and share their stories like Cho!

Tweet: Bravo! TheHill: Menendez wants boycott of MLB All-Star Game in Arizona

Tweet: Thanks to @sixthsunrev @argomaniz @catballou @helenparsonage @ra9de @nanaron for the RT's! #immigration #sb1070

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Help Wanted: Immigration Attorney
Washington, DC - The Office of Chief Counsel seeks experienced attorney with experience in federal acquisitions law, fiscal law and other administrative laws for the Commercial and Administrative Law Division. Serve as senior attorney providing advice to the Chief of the Commercial and Administrative Law Division, the Chief Counsel, and USCIS officials on issues related to federal acquisitions law, fiscal law, and other forms of general administrative law in support of USCIS' mission. For more info, including how to apply, key in Job Announcement Number: COU-CIS-2010-0006 at Applications should be sent to: Lakisha Richardson at by 5pm EST, Monday, May 24, 2010. Position starts at GS-12, GS-13 level, GS-14, or GS-15 level, depending on experience, and has promotion potential to GS-15/10 level.

Help Wanted: Immigration Paralegals
Fragomen Del Rey Bernsen & Loewy LLP seeks entry level and experienced business immigration paralegals for the New York City and surrounding offices. Ideal candidates have one to five years of business immigration experience, including non immigrant and immigrant visa matters and a Bachelors degree. Excellent verbal and written communication skills as well as strong organizational and Microsoft Office Suite skills required. Please send cover letter and resume to:, including reference to ILW.COM.

BIA Delivery Service
Have you missed the deadline for overnight delivery to the Board of Immigration Appeals? We offer same day service to the BIA. We are conveniently located only a block away. Fax us your Notice to Appeal or brief by 2pm ET on the due date to: (703) 845-5991 and we will personally file it for you, obtain a stamped date copy and mail/fax it back to you. We offer competitive rates and unparallelled service. For information, contact us: Brief-X-Press, Falls Church, VA Fax: (703) 845-5991.

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. For more information, including speakers, curriculum, see here. To register online, see here.

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ReadersWrite: Yesterday's Discussion

ReadersWrite: Today's Discussion

ComingsNGoings: Immigration Event - Cambridge, MA
- Skills Shortages and Visas: Cycles of Anxiety about the U.S. Science and Engineering Workforce, The Myron Weiner Seminar Series on International Migration, Sponsored by Center for International Studies, Inter-University Committee on International Migration, 4:30-6:00 p.m., Tuesday, May 11, 2010 Pye Conference Room (E40, Room 496), MIT Center for Intl Studies,

Readers can share professional announcements (up to 100-words at no charge), email:

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 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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