Comment: Government Times - Visa Wait Times from the State Department and Border Wait Times from CBP are among the various government times you can find from our Processing Times page. Of course, you can also get the latest Priority Dates, and both Service Center and District Office Processing Times. Bookmark this useful page and have the information available at your fingertips!
Article: Plaintiff Lawyers in Demand for Corporate Commercial Cases by Larry Bodine
Blogging: DHS Plans Crackdown Against Smugglers In Central American by Jason Dzubow
News: USCIS Reaches FY 2011 H-1B Cap
News: CBP Issues Final Rule On Airports Of Entry Or Departure For Flights To And From Cuba
Focus: PERM For Experts
ILW.COM is pleased to announce “PERM For Experts” a 3-part telephone seminar series. Tuesday, February 1 is the deadline to sign up, the curriculum is as follows:
FIRST Phone Session on February 2: Pre-Recruitment Issues
SECOND Phone Session on February 10: Recruitment Issues
- Employer Registration with PERM (Legal name of company vs. d/b/a)
- Prevailing Wages and the economy (As process driver and important considerations - soc code, job zone, level; Drafting the job description with the wage, job zone, and employment category in mind; Timing of PW [wrt to start of recruitment or filing for PERM]; Ability to pay; Private wage survey Towers Watson [f/k/a WW], Radford, collective bargaining agreement, etc.; Validity of PW [Matter of Apollo Consulting]; Appeal of PW - is it worth it;
- Layoffs in company, industry, geographic region
- Business Necessity (Readiness to defend necessity; Documentation required; Tips to avoid audit; Business necessity for "cook" position - excessive experience, Matter of Robertos Mexican Food; Business necessity for BA + 3 for a "Senior Software Engineer" position, Matter of Wissen, Inc.
- Drafting the 9089 Form to avoid denials (Employee skill section and job requirements - must they mirror each other?; Everything must be included in the form, Matter of Moreta and Associates, Int.; Drafting form so that all required skills can be shown on job experience section; Ensuring that all employment verification letters, licenses, etc. are in the file prior to filing; No appeal for failure to follow direct instructions - the form requires all prior jobs that support the application; Alternative requirements - what is substantially equivalent [Global Net, Amendment of H-1B if "Dissimilar"])
THIRD Phone Session on March 10: Post-Recruitment Issues
- Professional or not (what to do in borderline cases; is Schedule A determinative?)
- Advertising media - Internal consistency - NOF, PERM, PW, Recruitment (Letter to publisher asking for ad to be placed and proof suggesting payment for ad, insufficient, Matter of Natural Nature, Inc.; BALCA Affirms Denial Finding Requirement in Ad Less Favorable Than ETA 9089; Ads listing requirement of background check not in notice or PERM form, less favorable, Matter of Noll Pallet & Lumber Co.; All additional advertisements must comply with 20 CFR 656.17(f) content requirements, Matter of Credit Suisse Securities
- Documenting recruitment (Job Order; Matter of Mandy Donuts; Screenshot of the SWA job posting, Matter of American Airlines; Internal Recruitment Program, Matter of Sanmina-Sci; Website posting (dated copies); Matter of Hawthorne Suites; Matter of EZChip; Signed recruitment report insufficient as proof that employer placed ads on its website or job search websites. Screenshots are required, Matter of Transatlantic Systems, Inc.; Professional journals; The ten options)
- Notice of Filing ("Offered wage" Matter of O'Brien & Van Stiphout; Matter of Alum-A-Lift; Timing - Ten business days, document that company is open during holidays/weekends. "Business days" for purposes of the notice requirement under 20 CFR 656.10(d)(1)(ii), Matter of Il Cortile Restaurant; Name of business - fatal to application in Matter of Robert Venuti Landscaping
- Job applicants (Documentation; Contacting; Interviews; Results of Recruitment)
- Recruitment Report (Content and backup documents)
Tuesday, February 1 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/201101.shtm. Fax form: http://www.ilw.com/seminars/201101.pdf. Don't delay, sign up today.
- Audits (Increase in audits; what to do if the beneficiary was laid off; Response to audit when the beneficiary was laid off; Deadlines; DOL indication about debarment)
- Supervised Recruitment (Will be stepping up; Matter of Ola Miami - opportunity to provide evidence of previous work experience)
- Request for Review/Reconsideration or Appeal (Matter of CVS RX Services; New evidence on reconsideration evidence that existed at the time the application was filed, but was not submitted in response to the CO's audit is barred from a reconsideration request by 20 CFR 656.24(g)(2)(i), Matter of Techdemocracy)
- Further Strategies (Possibe BALCA appeal; Re-filing)
Headline: Illegal_hiring could cost businesses $25K a day http://ow.ly/3M03X
Headline: Immigration ReformBills find critics, supporters http://ow.ly/3LZVC
Headline: NewHaven Bakery Owner Pleads Guilty To Employing IllegalAliens http://ow.ly/3LYkt
Headline: Trumpeted ICE Program for Catching Illegal Immigrants May Not Include Some Worrisome Suspects http://ow.ly/3LY9U
Headline: A call to action on immigration: Local religiousLeaders hopeful for reform, despite political climate http://ow.ly/3LY5Z
Headline: 33 Arrested on Illegal Immigrant Charges http://ow.ly/3LXUp
Headline: Lawmaker Dials Down Rhetoric in Immigration Talks http://ow.ly/3LXRw
Headline: Immigration Voice: President's Vision on Immigration "in the Right Direction" http://ow.ly/3LXGx
Headline: Ariz. bill takes on birthright citizenship http://ow.ly/3LXDd
Headline: Arizona Drops the Anchor on 'AnchorBabies' http://ow.ly/3LXvW
Headline: USCIS: H1B cap is hit! http://ow.ly/3LEFn immigration
Headline: Don't be left out Get listed! Sign up for ILW.COM Attorney Yellow Pages at http://ow.ly/3z000
Headline: Anti-business GOP wants to hound employers http://ow.ly/3LxGy immigration
Headline: BREAKING: Immigrant youth to be banned from colleges http://ow.ly/3LwIR
Headline: Tax Compliance for Immigrants and Employers: The Lawyer's Complete Guide. Don't wait! Get your copy today http://ow.ly/3yZZ1
Headline: Akin Gump Partner Strays Off Reservation http://ow.ly/3LmtO
Headline: RT @msecimmigration: An interesting take on the IMAGE program: http://bit.ly/gBJGBy ICE Employer immigration enforcement
To submit an article or a news item to Immigration Daily, write to email@example.com. Follow ILW.COM on Twitter.
Help Wanted: Immigration Attorney
Washington, DC - Immigration law firm in the K Street area of Downtown Washington seeks associate attorney. Ideal candidate will have 2-3 years experience in business/family immigration law, with an emphasis on AOS, H1B, L1 and PERM filings. Interesting work and clientele; no timesheets; latest technology; competitive salary and benefits (401K w/employer match, health insurance, paid vacation, etc). Successful applicants will have broad knowledge of immigration law and procedures; be detail-oriented; able to handle volume; highly organized and strong communicators. Please email resume, cover letter, writing sample and salary requirements, in confidence, to firstname.lastname@example.org. No calls please. EOE.
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 government agencies; assist on
special projects as assigned. Bachelor's degree and 3+ 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 email@example.com.
Help Wanted: Immigration Paralegal
New York, NY - Midtown Manhattan Immigration Law Firm seeks experienced paralegal. Must have 2+ years of experience with non-immigrant visas (primarily O & P, H/L/E visas) as well as other business immigration matters. Please e-mail resume, references and writing sample to:firstname.lastname@example.org
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from over 100 customizable website template designs, complete with customized logos and images, 60-70 pages 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. Customizable intake sheet that can be integrated to your case management software directly into your website. Bi monthly 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.
To place a classifieds ad in Immigration Daily, see here
ReadersWrite: Yesterday's Discussion
ReadersWrite: Today's Discussion
ComingsNGoings: Immigration Event February 3 - The USCIS Office of Citizenship and Office of Public Engagement invites any interested individuals to participate in a teleconference meeting regarding the Fiscal Year 2011 Citizenship and Integration Grant Program. If you plan to participate, please email the Office of Public Engagement no later than Wednesday, February 2, 2011. Emails can be sent to email@example.com. Please reference the following in the subject line of your email: "Grants – Phone."
Readers can share professional announcements (up to 100-words at no charge), email: firstname.lastname@example.org.
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 email@example.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.