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Immigration Daily June 8, 2010
Previous Issues
The unmatched news resource for legal professionals. Free! Join 35,000+ readers


Tweet: The #immigration factor in McCain's reelection fight: from "God's children" to "smuggling, home invasions, murder" http://ow.ly/1VJwY

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

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

Hundreds of files

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

Article: Bloggings On Nurse And Allied Health Immigration by Christopher T. Musillo

Article: Bloggings on Political Asylum by Jason Dzubow

Article: Bloggings on Deportation And Removal by Matthew Kolken

News: DHS Announces Watchlist Matching Milestone

Tweet: Bloomington Joins Cities Boycotting #Arizona http://ow.ly/1VOTe

Tweet: Man suspected of posing as an #immigration agent is arrested http://ow.ly/1VONM

Tweet: The facts and fiction of Arizona's immigration law http://ow.ly/1VOIJ

Tweet: Pa. House Passes Bills to Check #Immigration Status http://ow.ly/1VO0z

Tweet: Man suspected of posing as an #immigration agent is arrested in the San Gabriel Valley http://ow.ly/1VKPl

Tweet: Rock stars Hall and Oates cancel concert plans in response to Arizona #immigration law http://ow.ly/1VKqt

Tweet: The Consular Posts Book: this useful guide covers major consular posts, theory & practice. Get your copy at http://ow.ly/1T7aV #immigration

Tweet: Former Manager of Iowa Slaughterhouse Is Acquitted of Labor Charges: 29 under-age laborers are no evidence? http://ow.ly/1VKbV

Tweet: AZ leaders lament as state's image takes beating with new #immigration law. "I'd like AZ to b in the news 4 smthng good" http://ow.ly/1VFAf

To submit an article or a news item to Immigration Daily, write to editor@ilw.com. Follow ILW.COM on Twitter.

Help Wanted: Immigration Attorney
New York, NY - Law Offices of Harry DeMell seeks associate-partner (possibly merger). I need a lawyer with some immigration experience and a longer time horizon than I have, to join in my practice so I can work less and more selectively. I am not looking to hire but I do want to have someone share in my established practice. Harry DeMell, 225 Broadway, (212)732-2767 or harry@demell-visas.com.

Help Wanted: Immigration Paralegal
Toronto, Canada - Egan LLP, a business immigration law firm affiliated with Ernst & Young LLP seeks paralegal or immigration assistant with prior Program Electronic Review Management ("PERM") experience. The candidate should have familiarity with: the PERM process, basic understanding of PERM regulations, preparing prevailing wage request forms, job orders, Form 9089, preparing and placing advertisements and prior experience working with an immigration case management system. Must be highly organized, have excellent attention to detail, strong communication skills and the ability to manage a large workload. Experience preparing prevailing wage challenges, motions for reconsideration and BALCA appeals and prior experience preparing PERMs for a high volume client is a plus. The primary role of the position is to support the team of immigration lawyers by drafting immigration applications for individuals seeking permission to work or live in Canada and/or the United States; and to coordinate tracking status expiration dates for ongoing clients. Recognized as one of Canada's top employers, Ernst & Young continually strives to be a great place to work. Send resume to Thomas Byun, thomas.byun@ca.ey.com.

Help Wanted: Immigration Attorneys
Owings Mills, MD - The Murthy Law Firm seeks attorneys with three to five years of experience in employment-based immigration law. Our practice is dynamic and fast-paced. We have high standards with regard to integrity, work ethic, and quality. Successful candidates should have the ability to work both as members of a team and as team leaders. They will join more than a dozen high-caliber colleagues and have quality support in the way of legal and administrative staff, as well as technology. They should bring in-depth understanding and knowledge of the breadth of immigration procedures, and are expected to supervise paralegals and support staff. Good writing and analytical skills are required. Interested candidates may see here the details regarding the unique benefits of working at the Murthy Law Firm. Resume + cover letter should be forwarded to hr@murthy.com. All communication will be treated in confidence. Salary and benefits are commensurate with experience and abilities. Final interviews of candidates (after a multi-level interview process) will be at our office in Owings Mills, MD, a few minutes from downtown Baltimore, Maryland. EOE

Help Wanted: Immigration Attorney
New York, NY - Collegial, growing, immigration law firm in midtown Manhattan seeks attorney to manage diverse caseload of immigrant and non-immigrant employment-based cases, with some family-based petitions. The attorney will also have the opportunity to represent clients at Section 245 hearings and before the EOIR, and in matrimonial matters, i.e., pre-nuptial agreements, separation agreements and uncontested divorces. Must be a self-starter with excellent organization, writing and interpersonal skills. Minimum 3 years experience required. Salary DOE. Please email CV + cover letter to: mcohen@cohenlawfirm.com.

Help Wanted: Immigration Paralegals
Boston, MA - Seyfarth Shaw invites qualified applicants to apply for the following: (1) senior immigration paralegal - participate in all aspects of firm's national Business Immigration practice, including: assisting in client relationship management, preparing employment-based NIV and IV petitions, mentoring junior paralegals in case preparation, and serving as primary contact to numerous clients. Must be able to work in fast-paced, deadline-driven environment and communicate effectively with clients and gov't agencies. Qualified applicants must possess minimum bachelor's degree and 5+ years experience as an immigration paralegal, as well as strong written and verbal communication skills and project management skills; (2) immigration paralegal - qualified applicants must possess a bachelor's degree and 1-3 years experience as an immigration paralegal, as well as strong written and verbal communication skills. Salary commensurate with experience. Please send resumes to Michele Ryan at mryan@seyfarth.com indicating specific position sought in subject header.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel seeks experienced attorney with demonstrated experience in employment law, labor law, privacy and disclosure law, and other administrative laws for the Commercial and Administrative Law Division. The selectee will work at USCIS' Texas Service Center providing advice to the Chief of the Commercial and Administrative Law Division, the Chief Counsel, and USCIS officials. For more info, including how to apply, key in Job Announcement Number: COU-CIS-2010-0007 at USAJobs.com. Applications should be sent to: Lakisha Richardson at Lakisha.Richardson1@dhs.gov by 5pm EST, Friday, June 11, 2010. Position starts at GS-13-GS-15 level.

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 www.inszoom.com/websites or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.

Expert Witness Services
Muslim World Expert Professor Shaul M. Gabbay, Phd, offers expert testimony in immigration cases from Muslim countries/societies, including the former USSR. Dr. Gabbay prepared reports and testified in 250+ Immigration cases nationwide (asylum, cancellation of removal, asylum interviews, hardship waivers) with a 93% success rate. Examples of what Immigration lawyers say: ... "He is a consummate scholar and passionate about his subject ... He makes a wonderful witness... He is riveting on the witness stand, helping us win nearly unwinnable cases with aplomb. He has won the praise of numerous Immigration Judges." (Svetlana Schreiber, Esq.) ... "He provided the testimony we needed in numerous asylum cases ... in virtually all of those cases, but for the expert witness testimony, I doubt the cases would have been approved, I recommend Professor Gabbay to anyone with issues involving Islamic society and culture." (Stephen Berman, Esq.) ... "His testimonies, whether written or oral, are credible, persuasive, and non-refutable. I have never lost a single case which had Dr. Gabbay on as an expert witness." (Ally Bolour, Esq.). Contact Professor Gabbay with any questions. He can also recomend country experts outside his specialty. Professor Shaul M. Gabbay, Phd, Korbel School of International Studies, University of Denver, sgabbay@du.edu, (303) 871-2560. www.Muslimworldexpert.com

To place a classifieds ad in Immigration Daily, see here

ReadersWrite: Yesterday's Discussion

ReadersWrite: Today's Discussion

ComingsNGoings: Immigration Event, Washington, DC
June 15 - The Brookings Institution is pleased to present "Religious Activism and the Debate over Immigration Reform" For more info and to rsvp see: http://guest.cvent.com/EVENTS/Register/IdentityConfirmation.aspx?e=ffd36004-395e-48da-9fc4-51db8a304507

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


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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